Bill Text: NJ A162 | 2016-2017 | Regular Session | Amended
Bill Title: Concerns procedure applicable to applicants for professional or occupational licenses who would otherwise be barred from licensure due to certain child support or related obligations. *
Spectrum: Partisan Bill (Democrat 4-0)
Status: (Introduced - Dead) 2016-04-04 - Reported out of Assembly Comm. with Amendments, 2nd Reading [A162 Detail]
Download: New_Jersey-2016-A162-Amended.html
ASSEMBLY, No. 162
STATE OF NEW JERSEY
217th LEGISLATURE
PRE-FILED FOR INTRODUCTION IN THE 2016 SESSION
Sponsored by:
Assemblywoman CLEOPATRA G. TUCKER
District 28 (Essex)
Assemblyman JAMEL C. HOLLEY
District 20 (Union)
SYNOPSIS
Concerns procedure applicable to applicants for professional or occupational licenses who would otherwise be barred from licensure due to certain child support or related obligations.
CURRENT VERSION OF TEXT
As reported by the Assembly Judiciary Committee on April 4, 2016, with amendments.
An Act concerning child support and professional licenses and amending P.L.1996, c.7.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1[1. Section 5 of P.L.1996, c.7 (C.2A:17-56.43) is amended to read as follows:
5. a. The court shall suspend or revoke a license if it finds that: [a.]
(1) all appropriate enforcement methods have been exhausted [, b.] ;
(2) the obligor is the holder of a license [, c.] ;
(3) the requisite child support arrearage amount exists, health care coverage has not been provided as ordered pursuant to section 3 of P.L.1996, c.7 (C.2A:17-56.41), or there has been no response to a subpoena [, d.] ;
(4) no motion to modify the child support order, filed prior to the date that the notice of the license suspension or revocation was sent by the Probation Division, is pending before the court [,] ; and [e.]
(5) there is no equitable reason, such as involuntary unemployment, disability, or compliance with a court-ordered plan for the periodic payment of the child support arrearage amount, for the obligor's non-compliance with the child support order.
If the court is satisfied that these conditions exist, it shall first consider suspending or revoking a driver's license prior to a professional license. If the obligor fails to appear at the hearing after being properly served with notice, the court shall order the suspension or revocation of all licenses held by the obligor. In the case of a driver's license, if the court finds that the license revocation or suspension will result in a significant hardship to the obligor, to the obligor's legal dependents under 18 years of age living in the obligor's household, to the obligor's employees, or to persons, businesses or entities to whom the obligor provides goods or services, the court may allow the obligor to pay 25% of the past-due child support amount within three working days of the hearing, establish a payment schedule to satisfy the remainder of the arrearages within one year, and require that the obligor comply with any current child support obligation. If the obligor agrees to this arrangement, no suspension or revocation of any licenses shall be ordered. Compliance with the payment agreement shall be monitored by the Probation Division. If the obligor has good cause for not complying with the payment agreement within the time permitted, the obligor shall immediately file a motion with the court and the Probation Division requesting an extension of the payment plan. The court may extend the payment plan if it is satisfied that the obligor has made a good faith effort to comply with the plan and is unable to satisfy the full amount of past-due support within the time permitted due to circumstances beyond the obligor's control. In no case shall a payment plan extend beyond the date the dependent child reaches the age of 18. If the obligor fails to comply with the court-ordered payment schedule, the court shall, upon receipt of a certification of non-compliance from the obligee or Probation Division, and without further hearing, order the immediate revocation or suspension of all licenses held by the obligor. If required by existing law or regulation, the court shall order that the obligor surrender the license to the issuing authority within 30 days of the date of the order.
b. (1) Notwithstanding the provisions of subsection a. of this section, no court or State agency, including any professional or occupational board, shall deny a professional or occupational license to an applicant who is an obligor because: the obligor's child support arrearage equals or exceeds the amount of child support payable for six months; court-ordered health care coverage for the obligor's child is not provided for six months; the obligor fails to respond to a subpoena relating to a paternity or child support action; or a child support-related warrant exists.
(2) When a professional license is issued to an applicant to whom paragraph (1) of this subsection applies, the Probation Division shall send a written notice to the obligor following the issuance of the license, by certified and regular mail, return receipt requested, at the obligor's last-known address or place of business or employment, advising the obligor that the obligor's license may be revoked or suspended unless, within 30 days of the postmark date of the notice, the obligor makes a written request for a court hearing to establish a payment schedule to satisfy the remainder of the arrearages, or take any other action the Probation Division determines necessary. If the obligor fails to make the written request within 30 days of the postmark date of the notice, the Probation Division shall proceed pursuant to subsection b. of section 3 of P.L.1996, c.7 (2A:17-56.41), and the obligor's license may be suspended or revoked pursuant to subsection a. of this section.
(cf: P.L.1998, c.1, s.29)]1
11. 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. 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] Except as otherwise provided in subsection g. of this section, 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.
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] 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.
f. The licensing authority shall provide an applicant for a professional or occupational license to whom one of the circumstances enumerated in subsection d. of this section applies written notice advising that it cannot grant the applicant a license until such time as the applicant provides the licensing authority with proof that the court or Probation Division certified that the conditions that prevent the licensing authority from granting the license are satisfied or provides the licensing authority with a court order that specifically permits the applicant to obtain the license, and shall notify the State IV-D agency or its designee of the obligor's license denial status.
g. Upon receipt of proof
that the court or Probation Division certified that the conditions that prevent
the licensing authority from granting the license are satisfied or receipt of a
court order that specifically permits the applicant to obtain the license, the
licensing authority may grant a professional or occupational license
to the obligor.1
(cf: P.L.1998, c.1, s.30)
2. This act shall take effect 1[immediately] on the 90th day following enactment1.
