S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  10599

                          I N  A S S E M B L Y

                              June 7, 2012
                               ___________

Introduced  by  COMMITTEE ON RULES -- (at request of M. of A. Maisel) --
  read once and referred to the Committee on Social Services

AN ACT to amend the social services law, in relation to authorizing  the
  creation of a deadbeats most wanted list

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. The social services law is amended by adding a new  section
111-w to read as follows:
  S  111-W.  "DEADBEATS MOST WANTED LIST"; WEBSITE; COORDINATED ARRESTS.
1. DEFINITIONS. AS USED IN THIS SECTION: (A) "OFFICE" MEANS  THE  OFFICE
OF TEMPORARY AND DISABILITY ASSISTANCE; AND (B) "COMMISSIONER" MEANS THE
COMMISSIONER OF TEMPORARY AND DISABILITY ASSISTANCE.
  2.  THE  DEPARTMENT,  THROUGH  THE  OFFICE,  SHALL  COMPILE, AND SHALL
DISCLOSE AND PUBLISH AT  REGULAR  INTERVALS  A  "DEADBEATS  MOST  WANTED
LIST",  COMPRISED  OF  INDIVIDUALS  WHO  ARE  IN  ARREARS IN THEIR CHILD
SUPPORT OBLIGATIONS UNDER A COURT  OR  ADMINISTRATIVE  ORDER.  THE  LIST
SHALL INCLUDE ONLY THOSE PERSONS WHO ARE IN ARREARS IN AN AMOUNT GREATER
THAN TEN THOUSAND DOLLARS, SUCH OTHER AMOUNT AS ESTABLISHED FROM TIME TO
TIME  BY  THE COMMISSIONER, AND SHALL SET FORTH IDENTIFYING INFORMATION,
INCLUDING BUT NOT LIMITED TO, THE NAME AND LAST  KNOWN  ADDRESS  OF  THE
INDIVIDUAL  OWING THE ARREARAGE, A PHYSICAL DESCRIPTION OF SUCH INDIVID-
UAL AND A PHOTOGRAPH OF THE INDIVIDUAL IF  AVAILABLE,  THE  INDIVIDUAL'S
OCCUPATION,  THE  AMOUNT  OF  ANY CHILD SUPPORT ARREARAGE, THE NUMBER OF
CHILDREN FOR WHOM SUPPORT IS OWED,  AND  ANY  OTHER  INFORMATION  DEEMED
APPROPRIATE  BY THE OFFICE. THE LIST SHALL NOT EXCEED FIVE HUNDRED INDI-
VIDUALS AT ANY GIVEN TIME.
  3. THE "DEADBEATS MOST WANTED LIST" SHALL BE  MADE  AVAILABLE  BY  THE
OFFICE THROUGH ITS WEBSITE, AND SHALL BE AVAILABLE FOR PUBLIC INSPECTION
AND  DISSEMINATION  AT  EACH  FACILITY  OF THE OFFICE, INCLUDING BUT NOT
LIMITED TO, THE OFFICE OF EACH SUPPORT COLLECTION UNIT. NOTHING IN  THIS
SECTION  SHALL PROHIBIT OTHER PUBLICATION OF THE LIST AS DIRECTED BY THE
COMMISSIONER.
  4. THE LIST SHALL BE USED FOR  THE  PURPOSES  OF  LOCATING  DELINQUENT
INDIVIDUALS  AND  ASSISTING WITH THE ENFORCEMENT OF ORDERS DIRECTING THE

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
              

                                                           LBD04276-01-1

A. 10599                            2

PAYMENT OF SUPPORT, AND FOR SUCH  OTHER  PURPOSES  AS  THE  COMMISSIONER
DEEMS APPROPRIATE.
  5.  AT  LEAST  NINETY  DAYS PRIOR TO THE DISCLOSURE OF AN INDIVIDUAL'S
INFORMATION ON THE LIST, THE OFFICE SHALL MAIL A WRITTEN NOTICE  TO  THE
INDIVIDUAL  BY  CERTIFIED  MAIL ADDRESSED TO THE INDIVIDUAL'S LAST KNOWN
HOME ADDRESS. THE NOTICE SHALL DETAIL THE AMOUNT OF  THE  ARREARAGE  AND
THE  OFFICE'S  INTENT TO DISCLOSE THE ARREARAGE. IF THE ARREARAGE IS NOT
PAID IN FULL WITHIN NINETY DAYS AFTER THE NOTICE WAS  DELIVERED  TO  THE
INDIVIDUAL  OR THE OFFICE HAS BEEN NOTIFIED THAT DELIVERY WAS REFUSED OR
OTHERWISE NOT SUCCESSFUL, AND THE INDIVIDUAL HAS NOT, SINCE THE  MAILING
OF  THE  NOTICE,  ENTERED  INTO  A WRITTEN AGREEMENT WITH THE OFFICE FOR
PAYMENT OF THE ARREARAGE OR HAS ENTERED INTO A  WRITTEN  AGREEMENT  WITH
THE  OFFICE  FOR  PAYMENT  OF THE ARREARAGE, THE OFFICE MAY DISCLOSE THE
INDIVIDUAL'S ARREARAGE UNDER SUBDIVISION TWO OF THIS SECTION.
  6. NOTWITHSTANDING THE PROVISIONS OF SUBDIVISION FIVE OF THIS SECTION,
INFORMATION CONCERNING AN INDIVIDUAL IN ARREARS  IN  HIS  OR  HER  CHILD
SUPPORT OBLIGATIONS UNDER A COURT OR ADMINISTRATIVE ORDER IS NOT SUBJECT
TO  DISCLOSURE  UNDER  SUBDIVISION TWO OF THIS SECTION IF: (A) A WRITTEN
AGREEMENT FOR PAYMENT EXISTS BETWEEN THE INDIVIDUAL AND THE  OFFICE,  OR
(B)  THE ARREARAGE IS THE SUBJECT OF AN ADMINISTRATIVE HEARING, ADMINIS-
TRATIVE REVIEW, OR JUDICIAL REVIEW.  NOTWITHSTANDING ANY OTHER PROVISION
OF THIS SECTION, IF AN INDIVIDUAL FAILS TO COMPLY IN FULL WITH AN AGREE-
MENT MADE BETWEEN THE INDIVIDUAL AND THE OFFICE, THE  OFFICE  MAY  PLACE
THE INDIVIDUAL'S INFORMATION ON THE LIST AGAIN WITHOUT BEING REQUIRED TO
GIVE NOTICE AS PROVIDED IN SUBDIVISION FIVE OF THIS SECTION.
  7. AN INDIVIDUAL'S INFORMATION SHALL BE REMOVED FROM THE WEBSITE UPON:
(A)  FULL  PAYMENT  OF  THE  ARREARAGE; (B) PAYMENT OF THREE CONSECUTIVE
PAYMENTS MADE UNDER AN AGREEMENT BETWEEN THE INDIVIDUAL AND  THE  OFFICE
PURSUANT  TO  SUBDIVISION FIVE OF THIS SECTION; OR (C) SUBMISSION TO THE
OFFICE OF A CERTIFIED COPY OF A COURT OR ADMINISTRATIVE ORDER  DIRECTING
THAT  THE  INDIVIDUAL IS NOT RESPONSIBLE FOR THE PAYMENTS COMPRISING THE
ARREARAGE.  SUCH INFORMATION SHALL BE REMOVED FROM PRINTED  VERSIONS  OF
THE LIST AT THE TIME OF THE NEXT PRINTING OF SUCH VERSION.
  8.  A  DISCLOSURE  MADE BY THE OFFICE IN A GOOD FAITH EFFORT TO COMPLY
WITH THIS SECTION SHALL NOT BE CONSIDERED A VIOLATION OF  ANY  CONFIDEN-
TIALITY LAWS.
  9.  THE COMMISSIONER SHALL PROMULGATE SUCH RULES AND REGULATIONS AS HE
OR SHE DEEMS NECESSARY TO EFFECTUATE THE PROVISIONS OF THIS SECTION.
  S 2. Section 111-v of the social services law is amended by  adding  a
new subdivision 6 to read as follows:
  6.  THE  DISCLOSURE  OR  PUBLICATION  OF INFORMATION ON THE DELINQUENT
OBLIGOR'S SUPPORT LIST AND WEBSITE, AS PROVIDED IN SECTION  ONE  HUNDRED
ELEVEN-W  OF  THIS TITLE SHALL NOT BE CONSTRUED TO BE A VIOLATION OF THE
PROVISIONS OF THIS SECTION.
  S 3. This act shall take effect immediately.