69. (New section) The division shall respond to a request made by another state to enforce a support order through electronic means, when feasible.

    70. (New Section) Subject to appropriate procedural due process requirements including, as appropriate, notice, the opportunity to contest and notice of the right to appeal to the court, the division is authorized to take the following actions without the necessity of obtaining an order from the court, and to recognize and enforce the authority of state agencies of other states to take the following actions:

    a. require genetic testing for the purpose of paternity establishment;

    b. subpoena any financial or other information needed for the establishment, modification or enforcement of a support order;

    c. impose a civil penalty for failure to respond to a subpoena which shall be: $20, or, if the failure to respond is the result of a conspiracy between the entity and the non-custodial parent not to supply the required information or to supply inaccurate or incomplete information, $500.

    Payment of the penalty may not be required, however, if in response to the imposition of the penalty, the person or entity complies immediately with the subpoena. All penalties assessed under this section shall be payable to the State Treasurer. All penalties imposed under this subsection may be recovered in a summary proceeding pursuant to "the penalty enforcement law," N.J.S.2A:58-1 et seq.;

    d. upon providing notice and an opportunity to contest to the obligor and obligee, direct the obligor or payor to change the payee to the department in cases where support is subject to an assignment or an application for Title IV-D services has been filed;

    e. secure assets to satisfy arrearages by:

    (1) intercepting or seizing periodic or lump sum payments from: State or local agencies, including unemployment compensation, or other benefits; workers compensation, civil lawsuits, judgments and settlements; and inheritances and lotteries;

    (2) developing a bank information matching program and attaching and seizing assets of the obligor held in financial institutions located in this State in accordance with the provisions of this act;

    (3) attaching public and private retirement funds as permitted under State law; and

    (4) imposing a lien and initiating an execution or levy to force the sale of property and distribution of proceeds in accordance with N.J.S.2A:17-1 through N.J.S.2A:17-4, N.J.S.2A:17-57 through N.J.S.2A:17-76 and applicable court rules;

    f. transfer a case between local division offices without the need for additional filing by the petitioner or service of process upon the respondent to retain jurisdiction over the parties. Notice shall be provided to the parties advising of the transfer; and

    g. increase the amount of monthly support payment to include amounts for arrearages unless otherwise ordered by the court.

    71. (New Section) Subject to appropriate procedural due process requirements including, as appropriate, notice, opportunity to contest and notice of the right to appeal to the court, the division is authorized to take the following actions without the necessity of obtaining an order from the court:

    a. request that any entity including for-profit, nonprofit and government employers, respond promptly to a request by the division or any out-of-State IV-D agency for information on the employment, compensation and benefits of any individual employed by the entity as an employee or contractor.

    b. impose a civil penalty for failure to respond to any request which shall be: $20, or, if failure to respond is the result of a conspiracy between the entity and the non-custodial parent not to supply the required information or to supply inaccurate or incomplete information, $500.

    Payment of the penalty may not be required, however, if in response to the imposition of the penalty, the person or entity complies immediately with the subpoena. All penalties assessed under this section shall be paid to the State Treasurer. All penalties imposed under this subsection may be recovered in a summary proceeding pursuant to "the penalty enforcement law," N.J.S.2A:58-1 et seq.;

    c. access information subject to safeguards on privacy and information security of this State, and subject to the nonliability of entities that afford access contained in the following records, including automated access when feasible:

    (1) records of other State and local government agencies including, but not limited to:

    (a) the Bureau of Vital Statistics in the Department of Health and Senior Services, and other agencies that collect vital statistics, including marriage, death and birth records;

    (b) the Division of Taxation in the Department of the Treasury, and local tax and revenue records including address, employer, income and assets;

    (c) records concerning real and titled personal property;

    (d) records of occupational, professional, recreational and sporting licenses and records concerning the ownership and control of corporations, partnerships and other business entities;

    (e) the Department of Labor, including wage, unemployment, disability and workers compensation records;

    (f) agencies administering public assistance programs;

    (g) the Division of Motor Vehicles in the Department of Transportation, including, but not limited to, motor vehicle and commercial license and registration records; and

    (h) the Department of Corrections, including records related to State-sentenced inmates and parolees;

    (2) records held by private entities with respect to individuals who owe or are owed support, or against or with respect to whom a support obligation is sought, including:

    (a) the names and addresses of the individuals and the names and addresses of the employers of the individuals appearing in customer records of public utilities and cable television companies pursuant to an administrative subpoena; and

    (b) information on the assets and liabilities of individuals held by financial institutions.

    d. require each party subject to a paternity or child support proceeding to provide information, including, but not limited to: Social Security number, telephone number, driver's license number, residential and mailing addresses, and the name, address, and telephone number of the party's employer.

    72. (New Section) For the purposes of enforcing a support provision in an order or judgment, procedural due process requirements may be deemed to have been met with respect to the party upon delivery of written notice to that party’s most recent residential or employer address on file with the division, if there is a sufficient showing that diligent efforts have been made to locate the party by making inquiries that may include, but are not limited to, the United States Postal Service, Division of Motor Vehicles in the Department of Transportation, the Department of Labor, and the Department of Corrections. A certification documenting unsuccessful efforts to locate a party shall be provided to the court before any adverse action is taken based on failure of the party to respond to a notice. For the purposes of establishing or modifying the child support provision of a court order or judgment, service of process shall be consistent with court rules or applicable statutes.

    73. (New Section) In accordance with rules adopted by the commissioner, the division shall make the determination as to whether an individual who has applied for or is receiving public assistance or assistance under the State Medicaid program pursuant to P.L.1968, c.413 (C.30:4D-1 et seq.) or the Title IV-E program is cooperating in good faith in establishing the paternity of, or in establishing, modifying or enforcing a support order for any child of the individual by providing the name of the non-custodial parent and such other information as may be required for this purpose.

    The division shall notify the individual and appropriate State or county entities administering TANF and appropriate State or county entities administering the State Medicaid program of each determination, and if noncooperation is determined, the basis therefor.

    74. (New Section) In any case in which an obligor owes past-due child support with respect to a child receiving assistance under a State program funded under TANF, the division is authorized to develop a a voluntary consent agreement to be issued by the court as an order, or to petition the court to issue an order that requires the obligor: to pay the support in accordance with a plan approved by the court; or to participate in work activities as ordered by the court, if the obligor is subject to such a plan and is not incapacitated.

    75. (New Section) a. The division shall require financial institutions doing business in the State to develop and operate a data match system, using automated data exchanges to the maximum extent feasible, in which the financial institution is required to provide on a quarterly basis the name, address of record, Social Security number, tax identification number, and other identifying information as determined by regulations adopted by the commissioner for each non-custodial parent who maintains an account at the financial institution and who owes past due support.

    b. In response to a notice of lien or levy from the division, pursuant to procedures adopted by the commissioner, and in accordance with appropriate procedural due process requirements and court rules, a financial institution shall encumber or surrender assets held by the institution on behalf of any obligor who is subject to a child support lien.

    c. A financial institution shall not be liable under any federal or State law to any person for disclosing any financial record of an individual to the department or the division, attempting to establish, modify, or enforce a support obligation of the individual, for failure to disclose to a depositor or account holder that the name of the person was included in a list furnished by the division or in a report furnished by the institution to the division, or for encumbering or surrendering assets held by the institution, in response to a notice of lien or levy issued by the division.

    d. In obtaining any financial record of an individual from a financial institution, the division may only disclose the financial information for the purpose of, and to the extent necessary to, establish, modify or enforce a child support obligation of the individual.

    e. If any officer or employee of the division knowingly, or by reason of negligence, discloses a financial record of an individual in violation of subsection d. of this section, the injured individual may bring a civil action for damages against the officer or employee. Unauthorized release of information shall also be cause for administrative discipline of any employee who engages in an unauthorized release.

    f. No liability shall arise under this section with respect to any disclosure which results in a good faith but erroneous interpretation.

    76. (New Section) a. The division shall establish and maintain a State case registry. The division shall regularly monitor cases in the registry with respect to which services are being provided under the State Title IV-D plan. The registry shall include information on:

    (1) the amount and frequency of support owed and other amounts due or overdue under the support order, including arrearages, interest or late payment penalties and fees;

    (2) any amounts described in paragraph (1) of this subsection that have been collected;

    (3) the distribution of collected amounts;

    (4) the date of birth of any child for whom the support order requires support;

    (5) the amount of any lien imposed;

    (6) information on administrative actions and administrative and judicial proceedings and court orders relating to paternity and support;

    (7) information obtained from comparison with federal, State, or local sources of information; and

    (8) any other relevant information.

    b. Beginning October 1, 1998, the court shall transmit to the State case registry a copy of every judgment or order that includes a provision for child support.

    77. (New Section) All federal and State agencies conducting activities under the program pursuant to the requirements of Title IV-D, shall have access through the division to any system used by the Division of Motor Vehicles in the Department of Transportation and law enforcement agencies in the State to locate an individual. The information shall be made available to the division through electronic means when feasible.

    78. (New Section) The Social Security number of an applicant for any professional or occupational license, recreational or sporting license, commercial driver's license, or marriage license shall be recorded on the application. The Social Security number shall also be placed in the record relating to: a divorce decree; support order in a divorce decree; support order and paternity determination or acknowledgment; and on a death certificate. The Social Security number shall be made available to the division through electronic means when feasible.

    79. (New Section) When representing the interests of the State in TANF cases or an indigent parent in a non-TANF case, the division shall be exempt from all fees provided in chapter 2 of Title 22A of the New Jersey Statutes when services related to the establishment of paternity or the establishment, modification or enforcement of child support orders are being provided. In non-TANF cases in which the division files a motion on behalf of a party who is not indigent, the party represented by the division shall be required to pay the appropriate fees as required by chapter 2 of Title 22A of the New Jersey Statutes.

    80. (New Section) a. After a complaint is filed or, in appropriate cases, concurrent with the filing but before the date of a court hearing, the division may contact the parties involved to determine if they wish the division to facilitate a mutual agreement, through a voluntary consent conference, regarding paternity, child support, and health care coverage issues. A voluntary consent conference shall be attempted only when paternity, child support, or health care coverage are the sole reliefs being sought; it shall not be attempted in cases involving domestic violence, divorce, parenting issues such as custody or visitation, or when the court has determined that such a conference is not in the best interests of the child or one of the parties. Failure of a parent to appear, or agree to a child support amount at a voluntary consent conference shall not result in the entry of an order by default. The proposed support agreement resulting from a voluntary consent conference shall be consistent with the State’s support guidelines and shall be submitted to the court for review prior to the date of the scheduled hearing. If appropriate, the court shall incorporate the terms of the agreement into the court order. A voluntary consent conference conducted by the division is available to the parties involved, in addition to mediation services provided by the court or private entities.

    b. The court shall provide notice of court proceedings in which support, paternity, child support, and health care coverage or other related domestic relations issues might be established or modified. The notice provided by the court shall also advise the parties that they have an opportunity to participate in a voluntary consent conference through the division prior to the scheduled court proceeding.

    c. The court shall provide the parties and the division with a copy of any order establishing, enforcing or modifying a child support obligation or dismissing a complaint or motion.

    81. (New Section) a. All employers and labor organizations doing business in the State shall report to the division:

    (1) the hiring of, or contracting with, any person who works in this State and to whom the employer anticipates paying earnings; and

    (2) the re-hiring or return to work of any employee who is laid off, furloughed, separated, granted a leave without pay, or terminated from employment in this State.

    b. An employer shall submit the information required in this subsection within 20 days of the hiring, re-hiring, or return to work of the employee, except that an employer who transmits reports magnetically or electronically shall report every 15 days in accordance with rules adopted by the commissioner. The report shall contain:

    (1) the employee's name, address, date of birth and Social Security number; and

    (2) the employer's name, address, and federal tax identification number.

    c. An employer who fails to report, as required in this section, shall be given a written warning by the division for the first violation and shall be subject to a civil penalty which shall not exceed: $25 per violation, or, if the failure to report is the result of a conspiracy between the employer and the employee to not supply the required report or to supply a false or incomplete report, $500.

    Payment of the penalty may not be required, however, if in response to the imposition of the penalty, the person or entity complies immediately with the new hire reporting requirements. All penalties assessed under this section shall be payable to the State Treasurer. All penalties imposed under this subsection may be recovered in a summary proceeding pursuant to "the penalty enforcement law," N.J.S.2A:58-1 et seq.

    d. The information provided pursuant to this section may be shared with any federal or State agency as deemed appropriate by the commissioner.

    82. (New Section) In any case in which the division knows of a transfer by a child support judgment debtor pursuant to the "Uniform Fraudulent Transfer Act," P.L.1988, c.74 (C.25:2-20 et seq.) with respect to which a prima facie case is established, the division shall seek to void the transfer or obtain a settlement in the best interest of the child support creditor.

    83. (New Section) a. The division shall be responsible for the collection and disbursement of payments under support orders in all Title IV-D cases, and in all non-Title IV-D cases in which the support order was initially issued in the State on or after January 1, 1994, and in which the income of the non-custodial parent is subject to income withholding.

    b. The division shall provide employers with one location to which income withholding shall be sent.

    c. The division shall use automated procedures, electronic processes and computer driven technology to the maximum extent feasible, for efficient and economical collection and disbursement of support payments. All payments shall be disbursed in accordance with federal requirements.

    84. (New Section) a. A judgment for child support entered pursuant to section 1 of P.L.1988, c.111 (C.2A:17-56.23a) and docketed with the Clerk of the Superior Court shall be a lien against the net proceeds of any settlement negotiated prior or subsequent to the filing of a lawsuit, civil judgment, civil arbitration award or workers' compensation award and shall have priority over all other civil judgments unless otherwise provided by law. The lien shall stay the distribution of the net proceeds to the prevailing party until the child support judgment is satisfied. As used in this section "net proceeds" means any amount of money in excess of $2,000, payable to the prevailing party after attorney fees, witness fees, court costs, fees for health care providers, reimbursement to employees or workers compensation insurance carriers as provided in R.S.34:15-40, and other costs related to the lawsuit or settlement are deducted from the award, and "prevailing party" shall not include a partnership, corporation, government entity or minor child.

    b. Before distributing any net proceeds of a settlement, judgment or award to the prevailing party: (1) the prevailing party shall provide the attorney or insurance company responsible for the final distribution of such funds with a certification that includes the prevailing party's full name, mailing address, date of birth and Social Security number; and (2) the attorney representing the prevailing party shall initiate a search of child support judgments, through a private judgment search company that maintains information on child support judgments, to determine if the prevailing party is a child support judgment debtor. If the prevailing party is not represented by an attorney, the judgment search shall be initiated by the opposing attorney or an insurance company before the proceeds are distributed to the prevailing party. In a workers' compensation action, the insurance company shall initiate the judgment search. The judgment search company shall provide a certification to the attorney, insurance company or party initiating the lawsuit identifying whether or not the prevailing party is a child support judgment debtor.

    If there are no attorneys representing either party in a civil lawsuit, the party bringing the lawsuit shall initiate the judgment search and shall be required to file the certification with the court at least 10 working days prior to the trial or with the stipulation that the certification shall be filed at the time of the settlement or dismissal of the lawsuit.

    For monies deposited with the court, no distribution of funds shall be made until the attorney or prevailing party provides the Clerk of the Superior Court with a copy of the certification showing that the prevailing party is not a child support judgment debtor.

    The fee for a judgment search is chargeable against the net proceeds as a cost of the settlement, judgment or award.

    c. If the certification shows that the prevailing party is not a child support judgment debtor, the net proceeds may be paid to the prevailing party immediately. If the certification shows that the prevailing party is a child support judgment debtor, the attorney or insurance company that initiated the search shall contact the division to arrange for the satisfaction of the child support judgment. The attorney or insurance company shall notify the prevailing party of the intent to satisfy the child support judgment prior to the disbursement of any funds to the prevailing party. Upon receipt of a Warrant of Satisfaction for the child support judgment, the attorney or insurance company shall pay the balance of the settlement, judgment or award to the prevailing party. If the net proceeds are less than the amount of the child support judgment, the entire amount of the net proceeds shall be paid to the division as partial satisfaction of the judgment.

    If there are no attorneys representing either party in a civil lawsuit and the certification filed with the court shows that the prevailing party is a child support judgment debtor, the court shall order that the opposing party pay the amount of the child support judgment to the division before any funds are paid to the prevailing party. The opposing party shall also ensure that any judgment related to the lawsuit docketed with the Clerk of the Superior Court reflects the division's superior claim to such funds.

    d. An attorney or insurance company shall not be liable for distributing net proceeds to the prevailing party based on the results of a judgment certification showing the prevailing party is not the debtor of a child support judgment, if it is later shown that the prevailing party provided inaccurate personal information on the initial certification to the attorney or the insurer.

    e. An attorney who, in accordance with this section, satisfies a child support judgment from the net proceeds of a settlement, judgment or award, shall not be liable for payments which otherwise would have been made pursuant to subsection a. of this section which were not so identified to the attorney at the time of satisfaction.

    f. An attorney or insurance company that, in accordance with this section, satisfies a child support judgment from the net proceeds of a settlement, judgment or award, shall not be liable to the prevailing party or to the prevailing party's creditors.

    g. An attorney shall not be required to challenge a child support judgment unless retained by the prevailing party to do so.

    h. A private judgment search company is prohibited from using any information provided by an attorney or insurance company in accordance with this section for any purpose other than: (1) determining if the prevailing party is the debtor of a child support judgment; and (2) preparing a certification as required pursuant to subsection b. of this section.

    85. (New Section) If there is more than one income withholding against the same obligor, the amount withheld shall be allocated among all obligees by the department on a prorated basis. Current support obligations for all obligees shall be paid before withheld amounts are allocated to pay arrearages. Withheld amounts that remain after the current support is satisfied shall be allocated among all obligees to pay arrearages in accordance with federal distribution requirements provided in section 302 of Pub.L.104-193 (42 U.S.C. s.657).

    86. (New section) a. The division shall use administrative enforcement, to the same extent as used for interstate cases, in response to a request made by another state to enforce a support order, and shall promptly report the results of the enforcement procedure to the requesting state.

    b.    the division may, by electronic or other means, transmit to another state a request for assistance in enforcing support orders through administrative enforcement. The request shall:

    (1)  include such information as will enable the state to which the request is transmitted to compare the information about the case to the information in the databases of the state; and

    (2)  constitute a certification by the State:

     (a) of the amount of support under an order that the payment of which is in arrears;

    (b)  that the requesting state has complied with all procedural due process requirements applicable to each case;

    (c) if the division provides assistance to another state pursuant to this subsection with respect to a case, neither state shall consider the case to be transferred to the caseload of the other state; and

    (d) the division shall maintain records of : (i) the number of requests for assistance received by the State; (ii) the number of cases for which the State collected support in response to the request; and(iii) the amount of support collected.

    87. (New Section) To ensure continued federal funding for the program, the division shall submit copies of appropriate documentation, including, but not limited to, statutes, court rules and regulations, relating to child support operations to the federal government as part of the State Title IV-D plan. The Administrative Office of the Courts and other participating State agencies shall cooperate with the division in its efforts to ensure that the State Title IV-D plan complies with federal Title IV-D requirements.

    88. (New section) The department shall periodically publish in newspapers in the State the names of obligors who have failed to make a required, current obligation child support payment for a period of at least four consecutive months. The department shall establish procedures to ensure that the names of such obligors are published in one or more newspapers that serve the county in which the obligor lives, and if the obligor lives out-of-State but is employed in this State, the county in which the obligor is employed.

    89. (New Section) Any employee transferred to the division who had immediately prior to the transfer been represented in a collective bargaining unit, shall become a member of the appropriate collective bargaining unit presently representing similarly situated employees in the Executive Branch.

    90. (New Section) a. All transferred employees who are placed into a collective bargaining unit shall be governed by the existing collective bargaining agreement, including all the benefits, rights and responsibilities that flow therefrom, and any additional negotiated agreements pursuant to P.L. , c. (C. ) (pending before the Legislature as this bill).

    b. Notwithstanding the provisions of subsection a. of this section to the contrary, an employee who is eligible for special payments as described in section 12b of the "Letter of Agreement" dated December 28, 1994 entered into between the Judiciary and its unions, as amended by any subsequent Judiciary negotiated contract executed prior to December 31, 1998, shall continue to be eligible for the same payments after the child support functions of the Judiciary are transferred to the division.

    91. (New Section) a. During calendar years 1999 through 2003, there shall be no privatization displacement as a result of any privatization initiative regarding child support services currently being performed by a county welfare agency or Judiciary employee. For the purposes of this section, "no privatization displacement" means that the department shall not enter into a contract with a private entity for the performance of services actually being performed by a county welfare agency or division employee in the State's child support program at the time the contract is initiated, which contract results in the loss of employment by a county welfare agency or division employee; and "loss of employment" means that an employee who is performing child support services is laid off or demoted from that position or involuntarily reassigned to another county.

    b. No public employee performing child support services shall be laid off as an immediate and direct result of P.L. , c. (C. )(pending before the Legislature as this bill) during the three month period after transfer.

    c. If the State's relative ranking on all except one of the federal child support performance standards for federal fiscal year 2003 is among the best performing 13 states, during calendar years 2004 through 2006, there shall not be any privatization displacement as a result of any privatization initiative regarding child support services currently being performed by public employees unless the privatization would achieve substantial savings from other than per employee wage and benefit costs.

    If the State's relative ranking on all except one of the federal child support performance standards for federal fiscal year 2006 is among the best performing 13 states, during calendar years 2007 through 2008, there shall not be any privatization displacement as a result of any privatization initiative regarding child support services currently being performed by public employees unless the privatization would achieve substantial savings from other than per employee wage and benefit costs.

    d. In order to maximize the likelihood that the State will deliver child support services at a high performance level, the division shall annually report to the standing Legislative reference committees on budget and appropriations on the State's performance in the preceding 12 month period and shall include in the report, as appropriate, recommendations to improve the State's performance. The recommendations may include, but not be limited to, any legislation that may be needed and any technology and resources that may be needed. The division shall provide copies of the report to the majority representatives of employees performing child support services and shall make a copy of the report available to the public.

    92. (New Section) a. A Judicial employee who will be transferred to the division and is employed by the Judiciary on the effective date of P.L. , c. (C. )(pending before the Legislature as this bill) shall be notified by the Judiciary, 30 days prior to the transfer, of any Judiciary vacancy in the employee's county that is funded, that the Judiciary intends to fill, and that the employee is eligible to fill. Within 10 working days of notification by the Judiciary of an eligible vacancy, an employee shall advise the Judiciary in writing of the employee's intention to be considered for the vacancy. An employee shall have the right to remain in the Judiciary in the vacancy unless there are more employees who apply than there are vacancies available, in which case, the Judiciary shall select, using seniority, which employees shall fill the vacancies. All appointments that impact the career service are subject to review by the Department of Personnel.

    b. Within two years of the date of the transfer, if: (1) there is a vacancy in the same county or in the Administrative Office of the Courts in the same title held by a transferred employee of the Judiciary, (2) the vacancy is funded, and (3) the Judiciary in its discretion intends to fill the vacancy, the transferred employee shall be able to transfer back to that vacancy. The transferred employee shall transfer back to that position ahead of any persons on special reemployment lists that may pertain to that vacancy. For the purposes of this subsection, only those employees who are employed by the Judiciary on the effective date of P.L. , c. (C. )(pending before the Legislature as this bill) shall be eligible to transfer back to the Judiciary. If more employees desire to transfer back to the Judiciary than there are vacancies available, the Judiciary shall interview and select which employees shall be able to transfer back. An employee who transfers back to the Judiciary shall receive the same salary and benefits received in that position prior to transfer, plus any adjustments thereto that would have occurred under the Judiciary Classification and Compensation Plan.

    c. Under the same pay and benefits conditions provided in subsection b. of this section, a transferred Judicial child support employee may transfer back to the Judiciary for up to five years from the date of transfer, upon the discretion of the Judiciary. After the five year period, the transfer provisions under Title 11A of the New Jersey Statutes shall apply.

    93. (New Section) a. Upon transfer to the division, the employee shall continue to receive the salary the employee otherwise would have received in the Judiciary as of Jaunary 1, 1999, except that:

    (1) an employee, who, immediately prior to the time of transfer, was earning less than the minimum of the range on which the employee will be placed, shall at the time of transfer be placed on the minimum step of the range;

    (2) a transferred employee, who, immediately prior to the time of transfer was earning more than the maximum of the range on which the employee will be placed, shall at the time of transfer, have the employee's salary "red circled" off the range, and shall continue to be permitted to earn the salary the employee was earning just prior to the time of transfer;

    (3) in the case of a transferred employee who does not already have an anniversary date, the transferred employee's anniversary date, for purposes of eligibility for future increments, shall be the date of transfer to the division; and

    (4) a transferred employee who, immediately prior to the time of transfer was earning more than the minimum in the range on which the employee shall be placed, but less than the maximum of the range, shall be placed on the next highest step to the salary the employee was earning at the time of transfer.

    b. A transferred employee shall be subject to the classification and compensation program determined by the Department of Personnel.

    c. The division 's personnel practices shall be governed by the State Government Services provisions of Title 11A of the New Jersey Statutes and the rules promulgated thereunder, except as otherwise provided in P.L. , c. (C ) (pending before the Legislature as this bill). A transferred employee holding provisional, permanent or probationary civil service status at the time of transferring to the division shall retain such status and attendant rights as are available in those categories under State career service. A transferred employee who was in a provisional title under the provisions of subsection b. of N.J.S.11A:4-13 prior to transferring to the division, shall not be subject to displacement by persons on preexisting State eligible lists, including special reemployment, regular reemployment and open competitive lists, for the title held by the provisional employee.

    d. The title of an employee who is in the unclassified service prior to a transfer shall be reviewed by the Department of Personnel to determine service allocation and classification following the transfer. An employee whose position is determined to be in the career service, or a provisional employee, either of whom have been continuously employed for the former jurisdiction for a period of at least one year prior to the effective date of transfer, including an employee on an approved leave of absence, shall be considered a permanent employee under Title 11A of the New Jersey Statues, and the rules promulgated thereunder as of the effective date of the transfer, and the employee’s seniority calculation shall be based upon the length of the employee’s continuous service in the jurisdiction from which the employee was transferred.

    e. Prior to the effective date of the transfer of employees to the division, the Department of Personnel shall certify any appropriate open competitive and promotional lists against provisional appointees in all titles affected by the transfer in impacted entities.

    f. Following the effective date of the transfer of employees to the division, preexisting eligible lists shall not be used for appointments to the division.

    g. The Judiciary shall forward to the commissioner and the Commissioner of Personnel a list of all employees who are to be transferred to the division six months prior to the date of the transfer and again 30 days prior to that date.

    94. (New section) a. Transferred employees who become State employees shall receive State credit for years of employment service retroactive to the date utilized by the county of employment or the Judiciary as of December 31, 1998, to determine credit for employment service and computation of Supplemental Compensation on Retirement (SCOR).

    b. Notwithstanding the provisions of sections 7 and 8 of P.L.1981, c.417 (C.2A:17-56.13 and C.2A:17-56.14) to the contrary, beginning January 1, 1999, the State shall honor and accept all wage garnishment and child support orders entered against all transferred employees at the time of the transfer. Judgment creditors and county probation departments with wage garnishments and child support orders in place against transferred employees shall not be required to re-serve the State with the appropriate order or notice to maintain the garnishment or child support order in place at the time of the transition. Each county shall be required 45 days before the transition to provide the State with the names of those transferred employees subject to garnishments, either under court order or by notice of the county probation department, and copies of each order or notice to enable the State to honor the garnishment or child support order. Each county shall be solely responsible for complying fully with the terms of all wage garnishment and child support orders in effect up until and through December 31, 1998.

    c. Accumulated vacation leave and sick leave for transferred employees shall be transferred and credited to their State leave accounts immediately upon their becoming State employees, but no employee may bring to State service more vacation leave time than that amount normally allotted to that employee in that county in calendar year 1998. Compensatory time and personal or administrative leave as well as accumulated vacation leave in excess of time earned in calendar year 1998 in county-funded employment shall not be transferable to State service but shall remain a county welfare agency obligation. Transferred employees who become State employees pursuant to this act shall not be considered new employees, and any legislation requiring State residency of new State employees or which limits any benefits of new State employees shall not apply to them.

    d. A transferred employee who was in pay status on the employee's former employer's payroll shall be paid for the holiday January 1, 1999 by the division.

    95. (New section) a. Any transferred employee who is a member of a county pension fund or retirement system shall become a member of the Public Employees' Retirement System (PERS) on January 1, 1999, subject to the same conditions and entitled to the same rights and benefits applicable to other employees of the State. Any credit for public service which has been established in the county pension fund or retirement system for the transferred employee shall be credited to the transferred employee under PERS. The contribution rate of the member of PERS shall be determined in the manner set forth in section 25 of P.L.1954, c.84 (C.43:15A-25).

    b. No later than May 1, 1999, the county pension fund or retirement system in which a transferred employee is a member shall remit to PERS the accumulated deductions of the transferred employee to the county pension fund or retirement system, and a pro rata part of the employer contributions to the fund or system constituting the employer's obligation to the fund or system for the transferred employee. The actuary of PERS shall determine the liability for service under a county pension fund or retirement system credited under PERS under this act. If the sum of the accumulated transferred employee deductions and the pro rata part of the employer contributions are less than the liability determined by the actuary, the difference shall be paid by the county in the same manner and over the remaining time period for the accrued liability of PERS as provided in section 24 of P.L.1954, c.84 (C.43:15A-24). The county and the county pension fund or retirement system shall provide the Division of Pensions and Benefits any information it may require to administer this act.

     96. (New section) Immediately upon becoming a State employee, all transferred employees shall become eligible for New Jersey Temporary Disability Insurance and Unemployment Insurance benefits consistent with the regulations of those programs. Employment service with the county shall be credited toward any waiting periods for coverage or eligibility for benefits under New Jersey Temporary Disability Insurance and Unemployment Insurance.

    97. (New section) a. Immediately upon becoming a State employee, all transferred employees shall receive all health and medical benefits, including dental and prescription drug plans, on the same basis as other State employees. Employment service with the county or the Judiciary shall be credited toward any waiting periods for coverage or eligibility for benefits under the State program and plans for transferred employees who elect coverage at the time they become Department of Human Services employees.

    b. All health and medical benefits otherwise provided for in either county-negotiated collective negotiations agreements or in accordance with county past practice or individual county policies or both shall be pre-empted for transferred county welfare agency employees effective January 1, 1999.

    98. (New section) Any transferred employee who:

    a. was a member of a county pension fund or retirement system on December 31, 1998;

    b. retires from employment as a State employee;

    c. is eligible for and receives State payment of the premium or periodic charges for health care benefits after retirement; and

    d. pays the premium charges under Part A and Part B of the federal Medicare program covering the retirant and the retirant's spouse,

shall be reimbursed by the State for the premium charges under Part A.

     99. (New section) A transferred employee shall be eligible for health care benefits after retirement on the same basis as other State employees under the "New Jersey State Health Benefits Program Act," P.L.1961, c.49 (C.52:14-17.25 et seq.). In addition, notwithstanding the provisions of section 8 of P.L.1961, c.49 (C.52:14-17.32) or section 6 of P.L.1996, c.8 (C.52:14-17.28b) to the contrary, the State shall pay the premium or periodic charges for health care benefits after retirement for a transferred employee and the transferred employee's dependents covered under the State health benefits program, but not including survivors, if the transferred employee has at least 10 years of service credited in the Public Employees' Retirement System (PERS) or a county pension fund or retirement system as of December 31, 1998, retires from employment as a State employee, and is at least 62 years of age at the time of retirement, as follows:

    a. for a transferred employee formerly employed by a county of the fifth class having a population of not less than 220,000 but not more than 230,000 according to the 1990 federal census, who has at least 15 years of service with the county alone or in combination with service as a State employee credited in PERS, for three years;

    b. for a transferred employee formerly employed by a county of the second class having a population of not less than 390,000 but not more than 400,000 according to the 1990 federal census, who has at least 15 years of service with the county alone or in combination with service as a State employee credited in PERS, for 90 days;

    c. for a transferred employee formerly employed by a county of the second class having a population of not less than 500,000 but not more than 510,000 according to the 1990 federal census, who has at least 15 years of service with the county alone or in combination with service as a State employee credited in PERS;

    d. for a transferred employee formerly employed by a county of the third class having a population of not less than 135,000 but not more than 145,000 according to the 1990 federal census, who is a veteran as defined in section 6 of P.L.1954, c.84 (C.43:15A-6) and has at least 20 years of service with the county alone or in combination with service as a State employee credited in PERS;

    e. for a transferred employee formerly employed by a county of the second class having a population of not less than 420,000 but not more than 430,000 according to the 1990 federal census, who has at least 15 years of service with the county alone or in combination with service as a State employee credited in PERS, and shall reimburse the employee for premium charges under Part B of the federal Medicare program covering the retired employee and the employee's spouse;

    f. for a transferred employee formerly employed by a county of the third class having a population of not less than 60,000 but not more than 70,000 according to the 1990 federal census, who has at least 15 years of service with the county alone or in combination with service as a State employee credited in PERS, and shall reimburse the employee for premium charges under Part B of the federal Medicare program covering the retired employee and the employee's spouse; and     g. for a transferred employee formerly employed by a county of the third class having a population of not less than 90,000 but not more than 100,000 according to the 1990 federal census, who has at least 20 years of service with the county alone or in combination with service as a State employee credited in PERS.

    100. (New section) For the purposes of application of all provisions of this act, the Commissioner of Human Services shall review and recommend and the Commissioner of Personnel may void as against public policy, any extraordinary adjustments made during 1997 and 1998 in employee salary, other compensation or benefits or computation of years of credit of employment services, except that this shall not apply to any collectively negotiated agreement.

    101. The commissioner shall adopt regulations pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.) necessary to carry out the purposes of sections 61 through 151 of this act.

    102. Section 2 of P.L.1981, c.417 (C.2A:17-56.8) is amended to read as follows:

    2.    Every complaint, notice or pleading for the entry or modification of [an] a support order [of a] and every court order which includes child support shall include a written notice to the obligor stating that the child support provision of the order shall, and the [medical support] health care coverage provision may, as appropriate, be enforced by an income withholding upon the current or future income due from the obligor's employer or successor employers and upon the unemployment compensation benefits due the obligor and against debts, income, trust funds, profits or income from any other source due the obligor except as provided in section 3 of P.L.1981, c.417 (C.2A:17-56.9). The written notice shall also state that the driver's license and professional or occupational licenses, or recreational or sporting license in accordance with P.L.1996, c.7 (C.2A:17-56.40 et seq.), held or applied for by the obligor may be denied, suspended or revoked if: the child support arrearage is equal to or exceeds the amount of child support payable for six months; the obligor fails to provide health [insurance] care coverage for the children as ordered by the court for six months; or the obligor fails to respond to a subpoena relating to a paternity or child support proceeding; or a warrant for the obligor's arrest has been issued by the court due to failure to pay child support as ordered, failure to appear at a hearing to establish paternity or child support, or failure to appear at a hearing to enforce a child support order and said warrant remains outstanding. The written notice shall also state that the amount of a Title IV-D child support order and the provisions for [medical support] health care coverage shall be reviewed and updated, as necessary, at least every three years. The court shall advise the parties of the availability of enforcement services and the triennial review program provided by the division and shall make an application for Title IV-D services available upon request.

    The court shall ensure that in the case of each obligor against whom a support order is or has been issued or modified, the obligor's income shall be withheld to comply with the order. An amount shall be withheld to pay the support obligation and it shall include an amount to be applied toward liquidation of arrearages reduced to judgments, payments for paternity testing procedures and provisions for [medical support] health care coverage when applicable. These provisions shall also be applicable to all orders issued on or before the effective date of [this act] P.L.1985, c.278417 (C.2A:17-56.16 et seq.).

    A support provision contained in an order or judgment issued by the court shall be paid by income withholding unless the order or judgment specifically provides for an alternative payment arrangement to which the parties agree in writing or the obligor or obligee demonstrates and the court finds good cause for establishing an alternative arrangement.

(cf: P.L.1996, c.7, s.1)

    103. Section 3 of P.L.1981, c.417 (C.2A:17-56.9) is amended to read as follows:

    3. [The income withholding shall be initiated by the probation department of the county in which the obligor resides immediately after the court order has been issued; except that immediate withholding shall not apply in those cases in which the obligor and obligee agree in writing to an alternative arrangement or the obligor or obligee demonstrates and the court finds good cause for establishing an alternative arrangement.] For support obligations that are payable through the division, the division shall mail the notice of immediate withholding to the payor if the payor is known. If the obligor's source of income is unknown at the time the division receives the support order, the division shall mail the notice to the payor within the time frame required pursuant to federal law. If an [immediate withholding is not ordered, due to the above exception] alternative payment arrangement has been ordered as provided in section 2 of P.L.1981, c.417 (C.2A:17-56.8) or [an] a support order entered prior to the effective date of [this act] P.L.1990, c.92 (C.2A:17-56.9a et seq.), the income withholding shall be initiated by the division when the obligor has failed to make [a] the required child support payment [allocated or unallocated that] and has arrearages accrued equal to the amount of the support payable for 14 days. Subject to the provisions of [this act, the] P.L.1981, c.417 (C.2A:17-56.7 et seq.), an income withholding shall be initiated by the division and shall take effect without amendment to the support order or further court or quasi-judicial action and without regard to any alternative arrangements entered into by the parties or ordered by the court.

    The total amount of income to be withheld shall not exceed the maximum amount permitted under section 303 (b) of the federal Consumer Credit Protection Act (15 U.S.C. s. 1673 (b)). The income withholding shall be carried out in full compliance with all procedural due process requirements. The [Administrative Office of the Courts] division shall establish procedures for promptly terminating the withholding when necessary and for promptly refunding amounts which have been improperly withheld.

    If an obligor under a support order issued in another state has income derived from within this State, the division shall comply with the applicable provisions of chapter 17 of Title 2A of the New Jersey Statutes and promptly implement withholding. The payor shall be required to comply with the income withholding notice serviced upon the payor pursuant to section 5 of P.L.1981, c.417 (C.2A:17-56.11). If the obligor terminates employment within the State, the division shall notify the state in which the order was issued of the obligor's termination of employment and the obligor's new employer and any new address, if known.

    When an income withholding decision has been issued in this State, it shall promptly be forwarded to the appropriate child support agency in the payor's state. All procedural due process requirements of the state Title IV-D agency where the obligor has income shall apply to the income withholding.

(cf: P.L.1990, c.92, s.2)

    104. Section 5 of P.L.1990, c.92 (C. 2A:17-56.9a) is amended to read as follows:

    5. At least once every three years [all IV-D orders for child support payments shall be subject to] , unless the State has developed an automatic cost-of-living adjustment for support payments, the parties subject to a Title IV-D support order shall be provided notice of their right to request a review, which shall be conducted in accordance with the rules promulgated by the [IV-D Agency] division in consultation with the Supreme Court. Such review shall take into account any changes in the financial situation or related circumstances of both parties and whether the order of child support is in full compliance with the [Child Support Guidelines set forth in the Rules Governing the Courts of the State of New Jersey, R.5:6A] child support guidelines.

    Upon completing the review and if a change in the amount of child support is recommended, the [State IV-D or designee] division shall so notify the obligor and obligee in writing of the child support amount that is recommended. The obligor and obligee shall be afforded [not less than] 30 days after such notification to file with the [IV-D agency and the court] division a challenge to such proposed adjustment or determination. [The] If proof exists that the obligor and obligee have been provided with notice of the proposed adjustment, the court shall adjust the child support amount [will be adjusted accordingly by the court] as proposed by the division if either party does not challenge the recommended award within the prescribed time or fails to show good cause why the adjustment should not occur.

    In accordance with section 351 of Pub.L.104-193, a proof or showing of a change in circumstances shall not be required prior to commencement of a review under the three-year review process; however, a proof or showing of a substantial change in circumstances shall be required prior to commencement of a review outside the three-year review process.

(cf: P.L.1990, c.92, s.5)

    105. Section 6 of P.L.1990, c.92 (C. 2A:17-56.9b) is amended to read as follows:

    6. a. The Commissioner of Human Services shall, in accordance with the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), adopt and promulgate such rules and regulations as may be necessary for the implementation of [this act] P.L.1990, c.92 (C.2A:17-56.9a et seq.).

    b. The Supreme Court shall promulgate rules and procedures as may be necessary for the implementation of [this act] P.L.1990, c.92 (C.2A:17-56.9a et seq.) by the courts [and probation departments]. (cf: P.L.1990, c.92, s.6)

    106. Section 4 of P.L.1981, c.417 (C.2A:17-56.10) is amended to read as follows:

    4. a. [The probation department] If an income withholding initiated by the division is required pursuant to section 3 of P.L.1981, c.417 (C.2A:17-56.9), the division shall notify the obligor of the

 income withholding by [certified or registered] regular mail [with return receipt requested] to the obligor's last known address. The notice to the obligor shall be [postmarked no later than 10 days after the date on which the application was filed] mailed at the same time as the notice to the payor, and shall inform the obligor that the withholding [shall take effect 10 days after the postmark date of the notice unless the obligor contests the withholding] has commenced in accordance with section 314 of Pub.L.104-193. The notice to the obligor shall also include all of the information regarding the withholding that is included in the notice to the payor. An obligor may contest a withholding only on the basis of mistake of fact. The notice to the obligor shall include but need not be limited to: the amount to be withheld, including an amount to be applied toward liquidation of arrearages; a statement that the withholding applies to current and subsequent sources of income; the methods available for contesting the withholding on the grounds that the withholding is not proper because of mistake of fact; the period within which the [probation department shall] division may be contacted in order to contest the withholding [and that failure to do so will result in notifying the payor to begin withholding; and the actions the probation department will take if the individual contests the withholding] ; and the procedures to follow if the obligor desires to contest the withholding on the grounds that the withholding or the amount thereof is improper due to a mistake of fact.

    If an obligor contests the proposed withholding, the [probation department] division shall schedule a [hearing] review within 20 days after receiving notice of contest of the withholding. If it is determined that the withholding is to [occur] continue, the [probation department] division shall provide notice to the obligor. [Notice to the obligor shall include the time within which the withholding is to begin.] Notice to the obligor shall also include all of the information that is included in the notice to the payor in section 5 of [this act] P.L.1981, c.417 (C.2A:17-56.11). The division shall notify the obligor [shall be notified by the probation department] of the results of the review within five days of the [determination made at the hearing] date of the review.

    b. [The probation department shall prepare the income withholding notice the obligor does not contest the withholding or has exhausted all procedures established by the Administrative Office of the Courts for contesting the withholding]. The income withholding shall include requirements that a payor withhold the amount, and enroll the child in the obligor's health care coverage plan, if available, as specified in the notice and shall include a statement that the total amount [actually] withheld for support and for other purposes may not be in excess of the amount allowed under section 303(b) of the federal Consumer Credit Protection Act (15 U.S.C. s. 1673(b)). [On any] If the court enters an order modifying alimony, maintenance or child support [based upon changed circumstances], the division shall amend the income withholding amount [shall also be changed] accordingly. This income withholding shall have priority over any other withholdings and garnishments without regard to the dates [of] that the other income withholdings or garnishments were issued.

    c. An income withholding made under [this act] P.L.1981, c.417 (C.2A:17-56.7 et seq.) shall continue [in full force and effect until such time as a court order to the contrary is entered upon the liquidation of all arrearages] until terminated by a court or noticed by the division.

    d. Where there is more than one support order for withholding against a single obligor, the payor shall withhold the payments to fully comply with the court orders on a pro rata basis to the extent that the total amount withheld from the obligor's [wages] income does not exceed the limits allowed under section 303(b) of the federal Consumer Credit Protection Act (15 U.S.C. s. 1673(b)). Payors may combine withheld amounts in a single payment [for each appropriate probation department requesting withholding] and separately identify the portion of the payment which is attributable to each [individual] obligor.

(cf: P.L.1985, c.278, s.4)

    107. Section 5 of P.L.1981, c.417 (C.2A:17-56.11) is amended to read as follows:

    5. a. An income withholding made under [this act] P.L.1981, c.417 (C.2A:17-56.7 et seq.) and provisions for [medical support] health care coverage shall be binding upon the payor and successor payors immediately after service upon the payor by the [probation department] division of a copy of the income withholding and an order for the provision of [medical support] health care coverage[, by registered or certified mail with return receipt requested until further order]. The payor is to pay the withheld amount to the [probation department] division at the same time the obligor is paid. The payor shall implement withholding and the provisions for [medical support] health care coverage no later than the first pay period that ends immediately after the date the notice was postmarked, except that the payor is not required to alter regular pay cycles to comply with the withholding. For each payment, other than payment received from the unemployment compensation fund, the payor may receive $1.00, which shall be deducted from the obligor's income in addition to the amount of the support order to compensate the payor for the administrative expense of processing the withholding.

    Notice to the payor shall include, but not be limited to, instructions for the provisions for [medical support] health care coverage, the amount to be withheld from the obligor's income and a statement that the total amount [actually] withheld for support and other purposes may not be in excess of the maximum amount permitted under section 303 (b) of the federal Consumer Credit Protection Act (15 U.S.C. s.1673 (b)); that the payor shall send the amount to the [probation department] division at the same time the obligor is paid, unless the [probation department] division directs that payment be made to another individual or entity; that the payor may deduct and retain a fee of $1.00 in addition to the amount of the support order except when the payment is received from the unemployment compensation fund; that withholding is binding on the payor until further notice by the [probation department] division; that, in accordance with section 6 of P.L.1981, c.417 (C.2A:17-56.12), the payor is subject to a fine and civil damages as determined by the court for discharging an obligor from employment, refusing to employ, or taking disciplinary action against an obligor subject to an income withholding because of the withholding or any obligation which it imposes upon the payor; that the payor is subject to a fine as determined by the court for failure to withhold support from the obligor's income or pay the withheld amount to the division; that if the payor fails to take appropriate action with regard to the provisions for [medical support] health care coverage or withhold wages in accordance with the provisions of the notice, the payor is liable for any medical expenses incurred by the children subject to the provisions for [medical support] health care coverage and any amount up to the accumulated amount the payor should have withheld from the obligor's income; that the withholding shall have priority over any other legal process under State law against the same [wages] income; that the payor may combine withheld amounts from the obligor's [wages] income in a single payment to [each appropriate agency requesting withholding] the division and separately identify the portion of the single payment which is attributable to each [individual] obligor; that if there is more than one support order for withholding against a single obligor, the payor shall withhold the payments on a pro rata basis to fully comply with the support orders, to the extent that the total amount withheld does not exceed the limits imposed under section 303 (b) of the federal Consumer Credit Protection Act (15 U.S.C. s.1673 (b)); that the payor shall implement withholding no later than the first pay period that ends immediately after the date the notice was postmarked, except that the payor is not required to alter regular pay cycles to comply with the withholding; and that the payor shall notify the [probation department] division promptly upon the termination of the obligor's employment benefits and provide the obligor's last known address and the name and address of the obligor's new payor, if known.

    A payor served with an income withholding notice shall be liable to the obligee for failure to deduct the amounts specified. The obligee or the division may commence a proceeding against the payor for accrued deductions, together with interest and reasonable attorney's fees.

    In accordance with section 314 of Pub.L.104-193, a payor who complies with an income withholding notice that is regular on its face shall be immune from civil liability for conduct in compliance with the notice.

    b. When a payor receives an income withholding notice issued by another state, the payor shall apply the income withholding law of the state in which the obligor's principal place of employment is located in determining:

    (1) the payor's fee for processing the income withholding;

    (2) the maximum amount permitted to be withheld from the obligor's income;

    (3) the time periods within which the payor must implement the income withholding order and forward the child support payment;

    (4) the priorities for withholding and allocating income withheld for multiple obligees; and

    (5) any withholding terms or conditions not specified in the support order or notice. 

(cf: P.L.1995, c.58, s.3)

    108. Section 1 of P.L.1995, c.287 (C.2A:17-56.11a) is amended to read as follows:

    1.    When an obligor is eligible for health benefits plan coverage which includes dependents and is available through an employer in this State, and the obligor is required by a court [or administrative] order to provide [medical support] health care coverage for his child, the employer who is the payor shall:

    a.    Permit the obligor to enroll his child under the health benefits plan as a dependent, without regard to any enrollment season restrictions;

    b.    Permit the child's other parent, or the Division of Medical Assistance and Health Services as the State Medicaid agency or the Division of [Family Development] Child Support Services as the State IV-D agency, [in the Department of Human Services,] to enroll the child under the health benefits plan if the obligor, who is the covered person, fails to enroll the child;

    c.    Not terminate coverage of the child unless:

    (1)  the obligor provides the payor with satisfactory written evidence that the court [or administrative] order is no longer in effect, or the child is or will be enrolled in a comparable health benefits plan whose coverage will be effective on the date of the termination of coverage, or

    (2)  the payor is no longer providing or making available to its employees health benefits plan coverage which includes dependents; and

    d.    Withhold from the obligor's compensation the obligor's share, if any, of premiums for health benefits plan coverage for the obligor and the obligor's dependent and pay the withheld amount to the health benefits plan carrier or administrator, as appropriate, subject to federal regulations. The total amount withheld from an obligor's income shall not exceed the maximum amount permitted to be withheld under section 303(b) of the federal "Consumer Credit Protection Act," 15 U.S.C. 1673(b).

(cf: P.L.1995, c.287, s.1)

    109. Section 1 of P.L.1995, c.290 (C.2A:17-56.11b) is amended to read as follows:

    1.    The income withholding provisions of P.L.1981, c.417 (C.2A:17-56.7 et seq.) shall be extended to include a withholding of income from the party responsible for maintaining [medical support] health care coverage for a child under a child support order issued pursuant to the provisions of N.J.S.2A:34-23 when the child is eligible for medical assistance pursuant to P.L.1968, c.413 (C.30:4D-1 et seq.) and the party responsible for maintaining [medical support] health care coverage has received payment from a third party for the cost of health care services provided to the child but has not reimbursed the obligee or the health care provider who provided the services for the amount of the payment. A payment received on or after April 1, 1995 shall be subject to the provisions of this section.

    The income withholding shall be subject to the following conditions: a. the amount of income withheld shall be to the extent necessary to reimburse the Division of Medical Assistance and Health Services in the Department of Human Services for the costs it incurred in covering the health care services for which the party responsible for maintaining [medical support] health care coverage received the payment; and b. the income withholding to reimburse the division shall be subordinate in priority to any other withholding under a child support order.

    The Division of Medical Assistance and Health Services [in the Department of Human Services] as the State Medicaid agency, in consultation with the [Administrative Office of the Courts] division as the State IV-D agency, may initiate procedures for the withholding of income pursuant to this section.

    As used in this section, "third party" means a third party as defined in section 3 of P.L.1968, c.413 (C.30:4D-3).

(cf: P.L.1995, c.290, s.1)

    110. Section 6 of P.L.1981, c.417 (C.2A:17-56.12) is amended to read as follows:

    6. The payor may not use an income withholding or any obligation which it imposes upon the payor as a basis for the discharge of any obligor or for any disciplinary action against the obligor. A payor who discharges or disciplines an obligor in violation of [this act] P.L.1981, c.417 (C.2A:17-56.7 et seq.) or who discriminates in hiring because of an income withholding or a potential withholding is a disorderly person. Any obligor claiming to be aggrieved by an unlawful discharge may initiate suit in Superior Court for damages and reinstatement of employment. In any action, the prevailing party may be awarded reasonable attorney's fees; provided however, that no attorney's fees shall be awarded to the respondent unless there is a determination that the action was brought in bad faith. In addition to any other relief or affirmative action provided by law, the payor may be liable for twofold compensatory damages. Compensatory damages shall include the costs of proving the discharge, out-of-pocket expenses, and lost income. If the payor fails to withhold the amount of the order, the payor is liable for amounts up to the accumulated amount the payor should have withheld. Payors shall notify the [probation department] division promptly of the termination of the obligor's employment and provide the obligor's last known address and the name and address of the obligor's new payor, if known.

(cf: P.L.1985, c.278, s.6)

    111. Section 7 of P.L.1981, c.417 (C.2A:17-56.13) is amended to read as follows:

    7. In every award for alimony, maintenance or child support payments the judgment or order shall provide that payments be made through the [probation department of the county in which the obligor resides] division, unless the court, for good cause shown, otherwise orders. Upon entry of the judgment or order, the parties shall provide the court and the division with their Social Security numbers, residential and mailing addresses, telephone numbers, driver's license numbers, and the name, address and telephone number of their employers. Each judgment or order [for alimony, maintenance or child support] shall [include an order] require that the obligor and obligee notify the [appropriate probation department] division of any change of payor or change of address within 10 days of the change. Failure to provide this information shall be considered a violation of this order.

    The order shall also inform the obligor that the address provided to the division shall be the address of record for subsequent support enforcement actions and that service of legal documents at that address shall be effective for the purpose of meeting due process requirements.

    [Service at the address of record of all summonses, pleadings, or notices shall be effective for all purposes.] For the purposes of enforcing a support provision, the court may deem procedural due process requirements for notice and service of process to be met with respect to a party thereto upon delivery of written notice to the most recent residential or employer address filed with the division for that party. If a party fails to respond to a notice and no proof is available that the party received the notice, the division shall document to the court that it has made a diligent effort to locate the party by making inquiries that may include, but are not limited to: the United States Postal Service, the Division of Motor Vehicles in the Department of Transportation, and the Departments of Labor and Corrections. The division shall provide an affidavit to the court presenting such documentation of its diligent effort, which certifies its inability to locate the party, before any adverse action is taken based upon the party's failure to respond to the notice. When an obligor changes employment within the State while income withholding is in effect, the [probation department] division shall notify the new payor that the withholding is binding on the new payor. When [a probation department] the division is unable to locate the obligor's current payor in order to effectuate an income withholding under [this act] P.L.1981, c.417 (C.2A:17-56.7 et seq.), the [probation department] division is authorized to utilize any other procedure authorized by law to obtain this information.

(cf: P.L.1985, c.278, s.7)

    112. Section 1 of P.L.1990, c.53 (C.2A:17-56.13a) is amended to read as follows:

    1. a. [ Every probation department] The division may establish a system to accept alimony, maintenance or child support payments through electronic funds transfer, credit card, or any other method deemed feasible by the [department] division.

    b. [The Supreme Court of the State of New Jersey shall adopt Rules of Court appropriate or necessary to effectuate the purpose of this act.](Deleted by amendment, P.L. , c. )

(cf: P.L.1990, c.53, s.1)

    113. Section 8 of P.L.1981, c.417 (C.2A:17-56.14) is amended to read as follows:

    8. An obligee who has not established a Title IV-D case through the [probation department shall file ] division may do so by filing an affidavit [when]. When applying for the income withholding, [stating] the affidavit shall state that the child support payments [not made for] are delinquent and that support arrearages have accrued [arrearages] in an amount equal to the amount of support payable for 14 days. The [probation department] division shall administer the withholding in accordance with procedures specified for keeping adequate records to document, track, and monitor support payments [or establish or permit the establishment of alternative procedures for the collection and distribution of amounts withheld by an entity other than a designated public agency]. Alimony, maintenance or child support payments not presently made through the [probation department] division shall be so made upon application of either party and notice to the other party [unless the other party upon application to the court shows good cause to the contrary]. If the other party contests this action or disputes the amount of support due, the matter shall be referred to the court for resolution.

    [A monitoring] If a party has not established a Title IV-D case through the division and requests services from the division that are limited to payment disbursement and monitoring, a fee of $25.00 annually shall be [applied] assessed upon [the request of either the obligor or obligee for the payment of support through the probation department] that party, regardless of whether or not arrearages exist or withholding procedures have been instituted. The [probation department] division shall monitor all amounts paid and the dates of payments and record them separately. [The court and the probation department shall follow the procedures established in this act.]

(cf: P.L.1990, c.92, s.4)

    114. Section 13 of P.L.1985, c.278 (C.2A:17-56.16) is amended to read as follows:

    13. The [Administrative Office of the Courts] department shall promulgate rules and regulations concerning procedures for determining which support cases, and which cases of indebtedness in accordance with section 1 of P.L.1995, c.290 (C.2A:17-56.11b), are appropriate for application of tax setoff, for verifying the accuracy of the amounts referred for setoff, notifying the State Department of the Treasury of any child support and other indebtedness subject to section 1 of P.L.1981, c.239 (C.54A:9-8.1) and changes thereto, and any other procedures necessary to comply with Pub.L. 98-378.

(cf: P.L.1995, c.290, s.2)

    115. Section 17 of P.L.1985, c.278 (C.2A:17-56.20) is amended to read as follows:

    17.   a. In enforcing all existing and future support orders [for support], and notwithstanding other provisions to the contrary, the [State IV-D agency] division, without a new order, shall have the authority to assess interest or late payment fees on any support order not paid within 30 days of the due date.

    b. The late payment fee or interest shall be determined by the [State IV-D agency] division within amounts specified by the federal Department of Health and Human Services.

    c. The fee or interest shall accrue as arrearages accumulate and shall not be reduced upon partial payment of [arrears] arrearages. The fee or interest may be collected only after the full amount of overdue support is paid and all State requirements for notice to the obligor have been met.

    d. The collection of the fee or interest shall not directly or indirectly reduce the amount of current or overdue support paid to the obligee to whom it is owed.

    e. The late payment fee or interest shall be uniformly applied in all cases administered under the [State IV-D program] New Jersey Child Support Program, including public assistance, nonpublic assistance, and foster care cases.

(cf: P.L. 1985, c.278, s.17)

    116. Section 18 of P.L.1985, c.278 (C.2A:17-56.21) is amended to read as follows:

    18. a. The [State IV-D agency] division shall have the authority to make available [information on] the name of any delinquent obligor and the amount of overdue support owed by [obligors] the obligor to [consumer] credit reporting agencies upon their request, subject to the conditions set forth in this section and privacy safeguards established by the commissioner. This information shall be provided only to an entity that has demonstrated to the satisfaction of the division that the entity is a credit reporting agency.

    b. In all [State] Title IV-D [agency] cases where the obligor is [more than $1,000.00] in arrears, the information shall be made available upon the [consumer] credit reporting agency's request and may be made available in all other cases.

    c. The [State IV-D agency] division may establish a fee for all requests which will be uniformly applied in all Title IV-D cases. Any fee charged shall be limited to the actual cost of providing the information.

    d. [The obligor shall receive written notice that the information will be made available to the credit reporting agency. The obligor shall have an opportunity to contest the accuracy of the information.] Information on arrearages shall be reported to credit reporting agencies only after the obligor has been afforded procedural due process required under State law including notice, an opportunity to contest the proposed reporting with the division due to a mistake of fact, and notice of the right to appeal to the court. Notice to the obligor of reporting to a credit reporting agency shall be served on the obligor’s most recent address on file with the division.

    e. The [State IV-D agency shall comply with all applicable procedural due process requirements before releasing] division may request information on an obligor from a credit reporting agency only after noticing the obligor of the division's intent to request the information.

(cf: P.L.1985, c.278, s.18)

    117. Section 19 of P.L.1985, c.278 (C.2A:17-56.22) is amended to read as follows:

    19. a. The [State IV-D agency] division shall have the authority to charge an application fee to individuals [not receiving Aid to Families with Dependent Children] not participating in public assistance programs which require cooperation for the purposes of Title IV-D who apply for Title IV-D services.

    b. The application fee shall be uniformly applied on a Statewide basis and shall be a flat dollar amount not to exceed $25.00 or other amount as may be appropriate for any fiscal year to reflect administrative costs.

    c. The fee shall be collected directly from the obligee who applied for Title IV-D services.

    d. The [State IV-D agency] commissioner shall determine by regulation the distribution of the fees collected.

(cf: P.L.1985, c.278, s.19)

    118. Section 1 of P.L.1988, c.111 (C.2A:17-56.23a) is amended to read as follows:

    1. Any payment or installment of an order for child support, or those portions of an order which are allocated for child support[, whether ordered in this State or in another state,] shall be fully enforceable and entitled to full faith and credit in this or any other State and shall be a judgment by operation of law on and after the date it is due. For obligors who reside or own property in this State, such judgments shall have the same force and effect as a civil money judgment entered by the court, shall be subject to the same enforcement methods as civil money judgments, and shall be a lien against real and personal property when the amount of overdue support equals or exceeds the amount of support payable. The State shall accord full faith and credit to child support judgments or liens of other states, whether arising by operation of law or having been entered by a court or administrative agency, when a Title IV-D agency, a party, or other entity seeking to enforce such a judgment or lien in this State files a Notice of Interstate Lien, in the form prescribed by the federal Office of Child Support Enforcement, and supporting documents with the Clerk of the Superior Court. An action to domesticate a foreign child support judgment or lien shall be consistent with the "Uniform Enforcement of Foreign Judgments Act," P.L. 1997, c.204 (C.2A:49A-25 et seq.). With the exception of bank levies and liens against civil lawsuits, worker's compensation awards, and settlements as provided in P.L. , c. (C. )(pending before the Legislature as this bill) which shall be administered by the division, liens against real and personal property shall be subject to the same enforcement procedures as other civil money judgments except that no judicial notice or hearing shall be required to enforce the lien. No payment or installment of an order for child support, or those portions of an order which are allocated for child support established prior to or subsequent to the effective date of P.L.1993, c.45 (C.2A:17-56.23a), shall be retroactively modified by the court except with respect to the period during which there is a pending application for modification, but only from the date [the] that an application to the division or a notice of motion was mailed either directly or through the appropriate agent. The [written notice will] application or notice of motion shall state the date that [a change of circumstances has occurred and] an application for modification of the order has been filed with the division, or that a motion for modification of the order will be filed within 45 days. In the event that an application is not filed with the division or a motion is not filed within the 45-day period, modification shall be permitted only from the date that the application is filed with the division or the motion is filed with the court.

    The non-modification provision of this section is intended to be curative and shall apply to all orders entered before, on and after the effective date of [this act] P.L.1993, c.45 (C.2A:17-56.23a).

(cf: P.L.1993, c.45, s.1)

    119. Section 1 of P.L.1995, c.322 (C.2A:17-56.34) is amended to read as follows:

    1.   [The county probation department, the State IV-D agency and its designees] Subject to privacy safeguards, the division and the court shall be authorized to receive information concerning putative fathers and child support obligors from the following sources through electronic or other appropriate means:

    a.    To the extent permitted by R.S.54:50-9, records of the Division of Taxation in the Department of the Treasury containing information concerning an obligor's income or assets;

    b.    Direct, on-line access to the Division of Motor Vehicles' records, including, where possible, interface between automated systems;

    c.    Any record, paper, document or entity deemed by the [probation department, the IV-D agency or its designee] division to be a potential source of information concerning an obligor's income or assets. In order to obtain information pursuant to this subsection, the [probation department and the IV-D agency] division shall have the authority, as designated by the [Commissioner of the Department of Human Services] commissioner, to compel the production of books, papers, accounts, records and documents by subpoena. The subpoena shall be served by certified and regular mail in accordance with court rules on the person or entity in possession of the information or record that is sought and such service shall be considered consistent with procedural due process requirements. In all other respects, a subpoena issued under this section shall be subject to the same procedures as a subpoena issued by other agencies of this State. Actions relating to a subpoena issued under this section shall be heard in the court;

    d.    State lottery prize payments in excess of $600 made by the Department of the Treasury;

    e.    Record of a judgment or settlement of any civil action where a party is entitled to receive a monetary award made by the court or an inheritance; and

    f.    Record of an out-of-court settlement.

(cf: P.L.1995, c.322, s.1)

    120. Section 2 of P.L.1995, c.322 (C.2A:17-56.35) is amended to read as follows:

    2. a. If the [State IV-D agency and its designees are] division is unable to obtain information pursuant to section 1 of [this act] P.L.1995, c.322 (C.2A:17-56.34), then the [agency and its designees] division may seek verifying information from public utility [records] and cable television companies as required by Pub.L.104-193. Such information shall be limited to identifying information necessary to establish the name and address, or residency, if different from the address, of putative fathers and child support obligors.

    b.    A public utility or cable television company shall not be liable for damages for any civil action which may result from complying with the provisions of [this act] P.L.1995, c.322 (C.2A:17-56.34 et seq.).

    c.    A long distance carrier shall be exempt from the provisions of [this act] P.L.1995, c.322 (C.2A:17-56.34 et seq.).

(cf: P.L.1995, c.322, s.2)

    121. Section 4 of P.L.1995, c.322 (C.2A:17-56.36) is amended to read as follows:

    4. The Commissioner of Human Services shall, in accordance with the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), and in conjunction with the [Supreme Court, the] Division of Motor Vehicles[, the Administrative Office of the Courts] in the Department of Transportation and the Department of the Treasury, adopt and promulgate such rules and regulations as may be necessary for the implementation of [this act] P.L.1995, c.322 (C.2A:17-56.34 et seq.), including, but not limited to: the protection of the confidential use of the information concerning putative fathers and child support obligors to safeguard against the unauthorized use, disclosure or publication of the information; and, the establishment of penalties for those cases in which the information is improperly used, disclosed or published beyond the purposes of this act.

(cf: P.L.1995, c.322, s.4)