[Adopted 6-27-2000 by L.L. No. 15-2000 (Ch. 228, Art. I,
of the 1985 Code)]
A.
This Legislature hereby finds and determines that the parental support
of children is a fundamental legal, social and moral responsibility
because a parent's long-standing failure to fulfill that responsibility
may harm his or her children and force the community at large to assume
that individual's basic parental obligations.
B.
This Legislature further finds and determines that many parents do
not fulfill this fundamental obligation and do not pay child support,
thereby forcing the County Department of Social Services, through
its Child Support Enforcement Bureau, to expend County funds to track
down these individuals and force payment from them for child support.
C.
This Legislature also finds and determines that Fairfax County, Virginia,
has been immobilizing the vehicles of "deadbeat" noncustodial parents
by clamping "boots" on the wheels and also gluing a sticker to the
windshield which states: "THIS VEHICLE HAS BEEN SEIZED BY THE FAIRFAX
COUNTY SHERIFF FOR UNPAID CHILD SUPPORT"; that Fairfax County has
booted 47 vehicles and has collected $351,000 in overdue payments;
and that the procedure has been implemented throughout the whole State
of Virginia.
D.
This Legislature also finds that Wayne County, Michigan, and Cape
May County, New Jersey, also use this booting process to force payment
of overdue payments.
E.
Therefore, the purpose of this article is to force "deadbeat" parents
located within the County of Suffolk to fulfill their moral obligation
to pay child support imposed upon them by law by immobilizing their
vehicles through the use of clamps fashioned in the form of "boots"
on the vehicle wheels and by affixing a sticker to the windshield
which states that "THIS VEHICLE HAS BEEN SEIZED BY THE SUFFOLK COUNTY
SHERIFF FOR UNPAID CHILD SUPPORT."
A.
Prior to booting, the Suffolk County Child Support Enforcement Bureau
(CSEB) shall determine if the following eligibility criteria are substantially
met:
(1)
A court order, judgment or hearing officer determination of responsibility
or liability for child support has been issued against the support
obligor and is payable through CSEB.
(2)
Total accumulated arrears are in an amount equal to or greater than
the amount of current support due for a period of four months.
(3)
Conventional enforcement remedies have failed, including but not
limited to income execution, DMV remedies, property execution and
referral to New York State Taxation and Finance.
(4)
A lien has been filed in accordance with New York State law.
(5)
A check with the Department of Motor Vehicles shows by its title
that a vehicle is owned by the support obligor or by a business that
is solely owned by the support obligor. CSEB shall obtain a current
address on the vehicle registration and the name of any lienholder
on the vehicle. Vehicles with liens shall be considered eligible for
seizure as the purpose of this enforcement remedy is to collect payments
toward arrears rather than sale of the vehicle.
(6)
CSEB shall check with consumer reporting agency reports or other
sources for the loan terms and remaining balance owed on the vehicle
CSEB shall review vehicle type and its value. If the vehicle is financed,
the amount owed to the lienholder shall be determined and the vehicle's
value versus the balance owed shall be evaluated. The vehicle must
be of sufficient value to warrant the booting procedure as determined
by CSEB.
B.
CSEB shall notify the Suffolk County Sheriff's office (Sheriff) as
to the identity and last known residence of those individuals as determined
by the Child Support Enforcement Bureau to be booted.
C.
The Sheriff shall secure an adequate supply of boots and placards
to be affixed in the driver's window of the booted vehicle. After
confirmation that a motor vehicle, as defined in the New York Vehicle
and Traffic Law, is shown by title to be owned by the noncustodial
parent (support obligor) or by a business solely owned by the support
obligor meeting the criteria set forth hereinafter, the Sheriff's
office shall then track down the vehicles of such individuals and
boot such vehicles as an enforcement method, by clamping boots on
the wheels of said vehicles and also affixing a placard to the driver's
window which states: "THIS VEHICLE HAS BEEN SEIZED BY THE SUFFOLK
COUNTY SHERIFF FOR UNPAID CHILD SUPPORT," to enable CSEB to collect
delinquent child support payments from the support obligor without
incurring towing and storage fees associated with seizure and sale
of vehicles. The Sheriff shall:
(1)
Establish the location of the vehicle within Suffolk County, i.e.,
public area versus private property or driveway.
(2)
Check municipal ordinances regarding an immobilized car on a public
street to determine if the County may tow the vehicle sooner. Commercial
or private property, i.e., shopping centers, an airport lot, etc.,
are not recommended for vehicle booting because of the towing practices
exercised by such establishments, unless the management of the commercial
or private property is contacted prior to booting and agrees not to
tow the vehicle while it is booted.
(3)
The Sheriff shall verify the vehicle identification number (VIN)
and the vehicle tag number prior to the boot attempt.
(4)
The Sheriff shall advise CSEB of a disabled or damaged vehicle prior
to booting it.
(5)
The Sheriff's office shall contact CSEB on the first business day
after the vehicle is booted.
E.
Upon full payment of the arrears or upon payment of 50% of the equity
in the vehicle, whichever is less, and upon the support obligor entering
into a written agreement to pay the court order plus an administrative
amount, in the same manner as if paid under income execution, toward
remaining arrears, if any, CSEB may authorize release of the boot
and shall forward the appropriate release order, in writing, to the
Sheriff.
F.
In the event that the support obligor does not satisfy the obligations
contained hereinabove within 14 days of the booting of the vehicle,
then CSEB shall seek remedies available under New York State law to
satisfy the outstanding obligations.
The Commissioner of Social Services is hereby authorized, directed
and empowered to develop rules and regulations in accordance with
this article.
Any person, other than an individual authorized by the County
of Suffolk to do so, who disables, or attempts to disable, a boot
installed pursuant to this article shall be guilty of an unclassified
misdemeanor, punishable by a fine of $1,000 and/or up to one year
of imprisonment. Each such violation shall constitute a separate and
distinct offense.
This article shall apply to any actions occurring on or after
the effective date of this article.
