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A1848
ASSEMBLY, No. 1848
STATE OF NEW JERSEY
222nd LEGISLATURE
�
PRE-FILED FOR INTRODUCTION IN THE 2026 SESSION
Sponsored by:
Assemblyman GREGORY E. MYHRE
District 9 (Ocean)
Assemblyman BRIAN E. RUMPF
District 9 (Ocean)
Co-Sponsored by:
Assemblymen Kanitra, McGuckin, Assemblywoman Fantasia,
Assemblymen Inganamort, Auth and S.Kean
SYNOPSIS
���� Clarifies child support obligation notice and
certification requirements for applicants for State licenses.
CURRENT VERSION OF TEXT
���� Introduced Pending Technical Review by Legislative
Counsel.
��
An Act
concerning child support obligations, and amending
P.L.1996, c.7.
����
Be It
Enacted
by the Senate and General Assembly of
the State of New Jersey:
���� 1.� Section 6 of P.L.1996, c.7
(C.2A:17-56.44) is amended to read as follows:
���� 6.� a.� The Probation Division
shall provide the licensing authority with a copy of the order requiring the
suspension or revocation of a license.� Upon receipt of an order requiring the
suspension or revocation of a license, the licensing authority shall
immediately notify the licensee of the effective date of the suspension or
revocation, which shall be 20 days after the postmark of the notice, direct the
licensee to refrain from engaging in the activity associated with the license,
surrender any license as required by law, and inform the licensee that the
license shall not be reinstated until the court or Probation Division certifies
that the conditions which resulted in the suspension or revocation are
satisfied.� The Probation Division and the State IV-D agency in association
with the affected licensing authorities may develop electronic or magnetic tape
data transfers to notify licensing authorities of restrictions, suspensions,
revocations and reinstatements.� No liability shall be imposed on a licensing
authority for suspending or revoking a license if the action is in response to
a court order issued in accordance with P.L.1996, c.7(C.2A:17-56.41 et seq.).�
Licensing authorities shall not have jurisdiction to modify, remand, reverse,
vacate or stay a court order to restrict, suspend or revoke a license for
non-payment of child support.
���� b.��� If a licensee, upon
receipt of the notice of suspension or revocation from the licensing authority,
disputes
[
that
he is an obligor
]
the obligation
, 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
a form, promulgated by the
Administrative Office of the Courts, and which shall be separate from
the
license application form, under penalty of perjury, that the applicant does not
have a child support obligation, the applicant does have such an obligation but
the arrearage amount does not equal or exceed the amount of child support
payable for six months and any court-ordered health care coverage has been
provided for the past six months, the applicant has not failed to respond to a
subpoena relating to a paternity or child support proceeding, or the applicant
is not the subject of a child-support related warrant.� A license shall not be
granted
, renewed, or reinstated
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
]
child
support certification
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.�
The child support certification form shall also
provide applicants with general notice of the legal basis for the enforcement
of child support obligations through the licensing process pursuant to
P.L.1996, c.7 (C:2A:17-56.41 et seq.), including the notice and hearing
requirements prior to suspension or revocation.
���� 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.
(cf: P.L.1998, c.1, s.30)
���� 2.� This act shall take effect
on the first day of the third month next following enactment, except that the
Administrative Director of the Courts, the Administrator of the Motor Vehicle
Commission, the Attorney General, the State Treasurer, the Commissioner or
Secretary of each Cabinet department, and the agency head of each State agency
in but not of a Cabinet department, may take such anticipatory action as may be
necessary for the timely implementation of this act.
STATEMENT
���� This bill clarifies the child
support obligation notice and certification requirements for applicants of
State licenses.
���� Under current law, a person
who applies for a State driver�s license, occupational or professional license,
or recreational or sporting license is required to certify that the applicant
is not in arrears with a child support obligation.� A license holder who is in
arrears may, after notice and a hearing, have their license suspended or
revoked.
���� Under the bill, in order to
provide greater notice to license applicants of the child support law, each
licensing agency will require applicants to certify on a form promulgated by
the Administrative Office of the Courts separate from the license application
form.� The separate form will also provide applicants with general notice of
the legal basis for the enforcement of child support obligations through the
licensing process, including the notice and hearing requirements prior to
suspension or revocation.