Senator SANDRA B. CUNNINGHAM
District 31 (Hudson)
Allows certain child support obligors in arrears to apply for certain licenses provided that applicant has made 12 consecutive timely child support payments.
CURRENT VERSION OF TEXT
An Act concerning certain applicants for licensure and amending P.L.1996, c.7.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. Section 6 of P.L.1996, c.7 (C.2A:17-56.44) is amended to read as follows:
6. a. The Probation Division shall provide the licensing authority with a copy of the order requiring the suspension or revocation of a license. Upon receipt of an order requiring the suspension or revocation of a license, the licensing authority shall immediately notify the licensee of the effective date of the suspension or revocation, which shall be 20 days after the postmark of the notice, direct the licensee to refrain from engaging in the activity associated with the license, surrender any license as required by law, and inform the licensee that the license shall not be reinstated until the court or Probation Division certifies that the conditions which resulted in the suspension or revocation are satisfied. The Probation Division and the State IV-D agency in association with the affected licensing authorities may develop electronic or magnetic tape data transfers to notify licensing authorities of restrictions, suspensions, revocations and reinstatements. No liability shall be imposed on a licensing authority for suspending or revoking a license if the action is in response to a court order issued in accordance with P.L.1996, c.7 (C.2A:17-56.41 et seq.). Licensing authorities shall not have jurisdiction to modify, remand, reverse, vacate or stay a court order to restrict, suspend or revoke a license for non-payment of child support.
b. If a licensee, upon receipt of the notice of suspension or revocation from the licensing authority, disputes that he is an obligor, the licensee shall notify the licensing authority and the Probation Division by registered mail within 20 days of the postmark of the notice and request a hearing. Upon receipt of the licensee's request for a hearing, the Probation Division shall determine if the licensee is an obligor. If the Probation Division determines that the licensee is an obligor, the Probation Division shall file a petition for a judicial hearing on the issue of whether the licensee is an obligor. The hearing shall occur within 30 days. If the Probation Division determines that the licensee is not an obligor, the Probation Division shall so notify the licensee and the licensing authority. The licensing authority shall not suspend or revoke a person's license, if the licensing authority received proper notice of the licensee's request for a hearing pursuant to this subsection, until the court finds that the licensee is an obligor. The Probation Division shall notify the licensing authority of the court's finding. Upon receipt of the court's finding that the licensee is an obligor, the licensing authority shall immediately suspend or revoke the obligor's license without additional review or hearing.
c. The revocation or suspension of a license ordered by the court in accordance with P.L.1996, c.7 (C.2A:17-56.41 et seq.) shall continue until the Probation Division or the obligor files with the licensing authority a certified court order restoring the license.
d. (1) Each licensing authority shall require license applicants to certify on the license application form, under penalty of perjury, that the applicant does not have a child support obligation, the applicant does have such an obligation but the arrearage amount does not equal or exceed the amount of child support payable for six months and any court-ordered health care coverage has been provided for the past six months, the applicant has not failed to respond to a subpoena relating to a paternity or child support proceeding, or the applicant is not the subject of a child-support related warrant. A license shall not be granted to an obligor who applies for a license if there is an arrearage equal to or exceeding the amount of child support payable for six months, the applicant has not provided court-ordered health care coverage during the past six months or the applicant has failed to respond to a subpoena relating to a paternity or child support proceeding or is the subject of a child support-related warrant. The application form shall state that making a false statement may subject the applicant to contempt of court. It shall also state that if the applicant's certification is found to be false, the licensing authority shall take disciplinary action including, but not limited to, immediate revocation or suspension of the license.
(2) Notwithstanding the provisions of paragraph (1) of this subsection or any other law to the contrary, an obligor who applies for a license and has an arrearage equal to or exceeding the amount of child support payable for six months may be granted that license if the obligor has made timely child support payments for the immediately preceding 12 months from the date of the application.
e. For all licenses issued or renewed in the State after the effective date of P.L.1996, c.7 (C.2A:17-56.41 et seq.), the licensing authority shall record the full name, mailing address, Social Security number and date of birth of the applicant or licensee. All affected licensing authorities shall cooperate and enter into agreements with the Probation Division and the State IV-D agency to exchange information to effectuate the purposes of P.L.1996, c.7 (C.2A:17-56.41 et seq.). The [Division of Motor Vehicles in the Department of Transportation] New Jersey Motor Vehicle Commission and other appropriate licensing agencies shall amend their regulations and public notices to permit Social Security numbers collected by those agencies to be used for child support enforcement purposes. License information obtained through data matches with licensing authorities shall be maintained on the State case registry in the Department of Human Services for future use.
(cf: P.L.1998, c.1, s.30)
2. This act shall take effect immediately.
Current law provides that a licensing authority shall require an applicant for professional or occupational licensure or licensure to operate a motor vehicle to certify on the license application form, that the applicant does not have a child support obligation, or if the applicant has a child support obligation, the arrearage amount does not equal or exceed the amount of child support payable for six months. If an applicant has an arrearage that equals or exceeds the amount of child support payable for six months, the application for licensure shall be denied.
This bill states that notwithstanding the provisions of current law, an applicant who has an arrearage that equals or exceeds the amount of child support payable for six months may still be granted a license, provided that the applicant has made timely child support payments for the immediately preceding 12 months from the date of the application.