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February 16, 2000 INTRODUCED BY LEGISLATOR NORMA GONSALVES
A LOCAL LAW to authorize immobilization of "Deadbeat" Parent Vehicles. BE IT ENACTED BY THE LEGISLATURE OF THE COUNTY OF NASSAU AS FOLLOWS: Section 1. Legislative Intent This Legislature hereby finds and determines that parental support of children is a fundamental legal, social and moral responsibility. 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. This Legislature further finds and determines that many parents do not fulfill this fundamental obligation and do not pay child support, thereby forcing Nassau County to expend County funds to track down these individuals and force payment from them for child support. This Legislature also finds that Fairfax County, Virginia has been immobilizing the vehicles of "deadbeat" non-custodial parents by clamping baby blue and pink "boots" on the wheels and also gluing a sticker to the windshield which states: "THIS VEHICLE HAS BEEN SEIZED BY FAIRFAX COUNTY SHERIFF FOR UNPAID CHILD SUPPORT", that Fairfax County has booted 47 vehicles and has collected $351,000.00 in overdue payments; and that the procedure will soon be implemented throughout the whole State of Virginia. The Legislature also finds that Wayne County, Michigan and Cape May County, New Jersey, also use this booting process to force payment of overdue payments. The purpose of this law is to force "deadbeat" parents, located within the County of Nassau, 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 baby blue and pink "boots" on the vehicle wheels and by affixing a sticker to the windshield which states that "THIS VEHICLE HAS BEEN SEIZED BY THE NASSAU COUNTY SHERIFF FOR UNPAID CHILD SUPPORT". Section 2. Requirements. A.) The Nassau County Department of Social Services, ["DSS']shall notify the Nassau County Sheriff's office on the first day of each month or as soon as practicable thereafter as to the identity and last known residence of any individual in arrears on child support payments, as determined by the Nassau County Department of Social Services whose arrears total at least $2,500.00 for a period of at least ninety (90) consecutive days. B) The Sheriff's office shall then track down the vehicles of such individuals and boot such vehicles as an enforcement method for the collection of child support arrears. The booting of vehicles shall be accomplished by clamping baby blue and pink boots on the wheels of said vehicles and by simultaneously gluing a sticker to the windshield which states: THIS VEHICLE HAS BEEN SEIZED BY THE NASSAU COUNTY SHERIFF FOR UNPAID CHILD SUPPORT. This enforcement procedure will assist DSS in collecting delinquent child support payments from a parent in arrears ["PIA"] without incurring towing and storage fees associated with the seizure and sale of vehicles. C) In order to collect outstanding child support payments without incurring towing and storage, the Sheriff shall apply the following criteria for the booting of vehicles of a PIA: 1) A determination has been made that conventional reinforcement remedies have failed or are determined to be inappropriate; 2) Total arrears owed by the PIA are at least $2,500.00 for a minimum of ninety (90) consecutive days, as verified by DSS; 3) A lien is filed in the jurisdiction in which the vehicle is housed; 4) The Vehicle may not be targeted for seizure if the PIA does not possess an interest in the Vehicle that would permit seizure pursuant to the laws of New York State. D) The Commissioner of DSS shall designate a staff member ["Commissioner impoundment designee"] who shall review the case to determine if the eligibility criteria are met and shall: 1) Check with the Department of Motor Vehicles for vehicles registered in the PIA's name, obtain 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 the sale of the vehicle. 2) Check with consumer reporting agencies reports or other sources for the loan terms and remaining balance owed on the vehicle. 3) 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. 4) Establish the location of the vehicle, i.e. public area versus private property or driveway. 5) Determine if a vehicle will be subject to towing as result of being rendered immobile pursuant to this law. 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. 6) Set a target boot date and deliver to the Sheriff the boot to be used and a set of keys. Provide the Sheriff with the placard to be pasted on the driver's window of the booted vehicle. a) The sheriff should verify the Vehicle Identification Number (VIN) and the vehicle tag number prior to boot attempt. b) The sheriff shall note and make a record of disabled or damaged vehicles. c) The sheriff's office shall contact DSS after the vehicle is booted. d) The Sheriff shall wait for the PIA to contact DSS. E) DSS shall determine the payment arrangement for boot release in accordance with the following: 1) The payment arrangement with the PIA shall include payment toward current support and arrears. Income withholding shall be used to facilitate payment if the PIA is employed. 2) DSS shall only accept certified checks(s) from the PIA as a form of payment. 3) Upon payment of arrears DSS, through the Commissioner's impoundment designee, must authorize release of the boot and DSS shall forward the appropriate release request to the Sheriff. 4) DSS shall advise the PIA that the booting process may be repeated if the PIA defaults. If the PIA defaults on the payment arrangement, initiate a subsequent booting enforcement remedy. 5) DSS shall release the lien authorized by §2(c)(3) of this law only when arrears are satisfied in full and the PIA has made current support payments as agreed. Section 3. Severability. If any clause, sentence, paragraph, subdivision, section, or part of this law or the application thereof to any person, individual, corporation, firm, partnership, entity, or circumstance shall be adjudged by any court of competent jurisdiction to be invalid or unconstitutional, such order or judgment shall not affect, impair, or invalidate the remainder thereof, but shall be confined in its operation to the clause, sentence, paragraph, subdivision, section, or part of this law, or in its application to the person, individual, corporation, firm, partnership, entity, or circumstance directly involved in the controversy in which such order or judgment shall be rendered. Section 4 Effective Date. This law shall take effect immediately. |