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Assembly Actions -
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| May 02, 2025 |
referred to judiciary |
Senate Bill S7746
2025-2026 Legislative Session
Eliminates the requirement that a driver's license, professional license or recreational license be suspended for failing to pay child support
download bill text pdfSponsored By
(D) 32nd Senate District
Current Bill Status - In Senate Committee Judiciary Committee
- Introduced
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- In Committee Assembly
- In Committee Senate
-
- On Floor Calendar Assembly
- On Floor Calendar Senate
-
- Passed Assembly
- Passed Senate
- Delivered to Governor
- Signed By Governor
Actions
2025-S7746 (ACTIVE) - Details
- See Assembly Version of this Bill:
- A7005
- Current Committee:
- Senate Judiciary
- Law Section:
- Domestic Relations Law
- Laws Affected:
- Amd §§244-b, 244-c & 244-d, Dom Rel L; amd §510, V & T L; amd §111-b, Soc Serv L; amd §§458-a, 458-b, 458-c, 548-a, 115, 548-b & 548-c, Fam Ct Act; amd §119, ABC L; amd §§6509-b & 6509-c, Ed L; amd §90, Judy L; amd §441-c, RP L; rpld §2110 sub§ (a) ¶13, Ins L
2025-S7746 (ACTIVE) - Sponsor Memo
BILL NUMBER: S7746
SPONSOR: SEPULVEDA
TITLE OF BILL:
An act to amend the domestic relations law, the vehicle and traffic law,
the social services law, the family court act, the alcoholic beverage
control law, the education law, the judiciary law, the real property law
and the insurance law, in relation to eliminating the requirement of the
suspension of driver's licenses, professional licenses or recreational
licenses for failing to pay child support; and to repeal certain
provisions of the insurance law relating thereto
PURPOSE OR GENERAL IDEA OF BILL:
To prevent the suspension of driver's licenses, professional licenses,
or recreational licenses as a punishment for failing to pay child
support.
SUMMARY OF PROVISION:
Section 1: removes the mention of child support from relevant court
proceedings relating to the suspension of driving privileges. Section 2: describes which proceedings are punishable by suspension or disqualification of license privileges if the defendant fails to comply with court summons, and excludes the mention of child court payment proceedings from this section. Section 3 through 19: removes terms related to child support from this section and includes gender neutral language. Section 20: Sets effective date. JUSTIFICATION: A current potential consequence for the failure to pay child support includes the suspension of certain licenses. Considering that many people rely on those licenses for monetary benefit, it proves to be counterproductive to take them away in order to encourage payment, as it likely results. in obstacles to continuing consistent income. This bill would prohibit the suspension of licenses as a consequence of failure to pay child support in order to prevent increased barriers to payment. PRIOR LEGISLATIVE: New Bill. FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS: TBD. EFECTIVE DATE: This act shall take effect immediately; provided, however, that the amendments to subdivision 4e of section 510 of the vehicle and traffic law made by section two of this act shall not affect the repeal of such subdivision and shall be deemed repealed therewith; provided, further that the amendments to subdivision 12 of section 111-b of the social services law made by section three of this act shall not affect the repeal of such subdivision and shall be deemed repealed therewith.
2025-S7746 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K
________________________________________________________________________
7746
2025-2026 Regular Sessions
I N S E N A T E
May 2, 2025
___________
Introduced by Sen. SEPULVEDA -- read twice and ordered printed, and when
printed to be committed to the Committee on Judiciary
AN ACT to amend the domestic relations law, the vehicle and traffic law,
the social services law, the family court act, the alcoholic beverage
control law, the education law, the judiciary law, the real property
law and the insurance law, in relation to eliminating the requirement
of the suspension of driver's licenses, professional licenses or
recreational licenses for failing to pay child support; and to repeal
certain provisions of the insurance law relating thereto
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The section heading and subdivisions (a) and (b) of section
244-b of the domestic relations law, the section heading as amended and
subdivision (b) as added by chapter 398 of the laws of 1997 and subdivi-
sion (a) as amended by chapter 624 of the laws of 2002, are amended to
read as follows:
[Child support proceedings] PROCEEDINGS and enforcement of arrears;
suspension of driving privileges.
(a) In any proceeding for the enforcement of a direction or agreement,
incorporated in a judgment or order, to pay any sum of money as [child
support or combined child and] spousal support, if the court is satis-
fied by competent proof that the respondent has accumulated support
arrears equivalent to or greater than the amount of support due pursuant
to such judgment or order for a period of four months, the court may
order the department of motor vehicles to suspend the respondent's driv-
ing privileges, and if such order issues, the respondent may apply to
the department of motor vehicles for a restricted use license pursuant
to section five hundred thirty of the vehicle and traffic law. The court
may at any time upon payment of arrears or partial payment of arrears by
the respondent order the department of motor vehicles to terminate the
suspension of respondent's driving privileges. For purposes of determin-
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD03411-01-5
S. 7746 2 ing whether a support obligor has accumulated support arrears equivalent to or greater than the amount of support due for a period of four months, the amount of any retroactive support, other than periodic payments of retroactive support which are past due, shall not be included in the calculation of support arrears pursuant to this section. (b) If the respondent, after receiving appropriate notice, fails to comply with a summons, subpoena or warrant relating to a paternity [or child support] proceeding, the court may order the department of motor vehicles to suspend the respondent's driving privileges. The court may subsequently order the department of motor vehicles to terminate the suspension of the respondent's driving privileges; however, the court shall order the termination of such suspension when the court is satis- fied that the respondent has fully complied with all summonses, subpoe- nas and warrants relating to a paternity [or child support] proceeding. § 2. Subdivision 4-e of section 510 of the vehicle and traffic law, as amended by chapter 601 of the laws of 2007, is amended to read as follows: 4-e. Suspension and disqualification for failure [to make child support payments or failure] to comply with a summons, subpoena or warrant relating to a paternity [or child support] proceeding. (1) The commissioner, on behalf of the department, shall enter into a written agreement with the commissioner of the office of temporary and disabili- ty assistance, on behalf of the office of temporary and disability assistance, which shall set forth the procedures for suspending the driving privileges of individuals who have failed to make payments of [child support or combined child and] spousal support. (2) Such agreement shall include: (i) the procedure under which the office of temporary and disability assistance shall notify the department of an individual's liability for support arrears; (ii) the procedure under which the department shall be notified by the office of temporary and disability assistance that an individual has satisfied or commenced payment of [his or her] SUCH INDIVIDUAL'S support arrears; or has made satisfactory payment arrangements thereon and shall have the suspension of [his or her] SUCH INDIVIDUAL'S driving privileges terminated; (iii) the procedure for reimbursement of the department and its agents by the office of temporary and disability assistance for the full addi- tional costs of carrying out the procedures authorized by this section, and may include, subject to the approval of the director of the budget, a procedure for reimbursement of necessary additional costs of collect- ing social security numbers pursuant to section five hundred two of this title; (iv) provision for the publicizing of sanctions for nonpayment of [child] support including the potential for the suspension of delinquent support obligors' driving privileges if they fail to pay [child support or combined child and] spousal support; and (v) such other matters as the parties to such agreement shall deem necessary to carry out provisions of this section. (3) Upon receipt of notification from the office of temporary and disability assistance of a person's failure to satisfy support arrears or to make satisfactory payment arrangements thereon pursuant to para- graph (e) of subdivision twelve of section one hundred eleven-b of the social services law or notification from a court issuing an order pursu- ant to section four hundred fifty-eight-a of the family court act [or section two hundred forty-four-b of the domestic relations law], the S. 7746 3 commissioner or [his or her] SUCH COMMISSIONER'S agent shall suspend the license of such person to operate a motor vehicle. In the event such person is unlicensed, such person's privilege of obtaining a license shall be suspended. Such suspension shall take effect no later than fifteen days from the date of the notice thereof to the person whose license or privilege of obtaining a license is to be suspended, and shall remain in effect until such time as the commissioner is advised that the person has satisfied the support arrears or has made satisfac- tory payment arrangements thereon pursuant to paragraph (e) of subdivi- sion twelve of section one hundred eleven-b of the social services law or until such time as the court issues an order to terminate such suspension; (4) From the time the commissioner is notified by the office of tempo- rary and disability assistance of a person's liability for support arrears under this section, the commissioner shall be relieved from all liability to such person which may otherwise arise under this section, and such person shall have no right to commence a court action or proceeding or to any other legal recourse against the commissioner to recover such driving privileges as authorized by this section. In addi- tion, notwithstanding any other provision of law, such person shall have no right to a hearing or appeal pursuant to this chapter with respect to a suspension of driving privileges as authorized by this section. Howev- er, nothing herein shall be construed to prohibit such person from proceeding against the support collection unit pursuant to article seventy-eight of the civil practice law and rules. (5) Any person whose license has been suspended pursuant to subdivi- sion three of this section may apply for the issuance of a restricted use license as provided in section five hundred thirty of this title. § 3. Subdivision 12 of section 111-b of the social services law, as added by chapter 81 of the laws of 1995, subparagraph 1 of paragraph (b) as amended by chapter 624 of the laws of 2002 and paragraph (d) as amended by chapter 309 of the laws of 1996, is amended to read as follows: 12. (a) The department, through the commissioner, shall enter into the agreement provided for in section five hundred ten of the vehicle and traffic law and is authorized to furnish to the commissioner of motor vehicles such information and to take such actions as may be necessary to carry out the agreement provided for in such section, for the enforcement of [child] SPOUSAL support orders through the suspension of delinquent obligors' driving privileges. (b) (1) When a support obligor who is or was under a court order to pay [child support or combined child and] spousal support to a support collection unit on behalf of persons receiving services under this title has accumulated support arrears equivalent to or greater than the amount of support due pursuant to such order for a period of four months, the office of temporary and disability assistance shall notify the support obligor in writing that [his or her] SUCH OBLIGOR'S continued failure to pay the support arrears shall result in notification to the department of motor vehicles to suspend the support obligor's driving privileges unless the support obligor complies with the requirements set forth in paragraph (e) of this subdivision. For purposes of determining whether a support obligor has accumulated support arrears equivalent to or greater than the amount of support due for a period of four months, the amount of any retroactive support, other than periodic payments of retroactive support which are past due, shall not be included in the calculation of support arrears pursuant to this section; however, if at least four S. 7746 4 months of support arrears have accumulated subsequent to the date of the court order, the entire amount of any retroactive support may be collected pursuant to the provisions of this subdivision or as otherwise authorized by law. (2) The department shall provide the notice required by subparagraph one of this paragraph by first class mail to the support obligor's last known address or such other place where the support obligor is likely to receive notice, or in the same manner as a summons may be served. Forty-five days after the date of such notice, if the support obligor has not challenged the determination of the support collection unit pursuant to subparagraph one of paragraph (d) of this subdivision or if the support obligor has failed to satisfy the arrears/past due support or to otherwise comply with the requirements set forth in paragraph (e) of this subdivision, the department shall notify the department of motor vehicles that the support obligor's driving privileges are to be suspended pursuant to section five hundred ten of the vehicle and traf- fic law. Upon the support obligor's compliance with the provisions of paragraph (e) of this subdivision, the department shall advise the department of motor vehicles within five business days that the suspen- sion of the support obligor's driving privileges shall be terminated. If the support obligor appears in person at the support collection unit to satisfy the requirements of paragraph (e) of this subdivision, the support collection unit shall immediately provide a notice of compliance to the support obligor, in addition to the notice sent directly to the department of motor vehicles. (3) Notwithstanding the requirements of this subdivision, no notice shall be issued by the department pursuant to subparagraph one of this paragraph to a support obligor from whom support payments are being received by the support collection unit as a result of an income execution or an income deduction order issued pursuant to section five thousand two hundred forty-one or five thousand two hundred forty-two of the civil practice law and rules. (c) The notice provided to a support obligor by the department pursu- ant to paragraph (b) of this subdivision shall contain the caption of the order of support, the date the order of support was entered, the court in which it was entered, the amount of the periodic payments directed, and the amount of arrears/past due support. In addition, the notice shall include: (1) an explanation of the action required pursuant to paragraph (e) of this subdivision to be taken by the support obligor to avoid the suspen- sion of [his or her] SUCH OBLIGOR'S driving privileges; (2) a statement that forty-five days after the date of the notice, the department of motor vehicles will be notified to suspend the support obligor's driving privileges unless the support obligor may challenge the support collection unit's determination as set forth in paragraph (d) of this subdivision within forty-five days of the date of such notice; a statement of the manner in which the support obligor may chal- lenge the determination, and a statement that if the support obligor challenges the determination, a review will be completed by the support collection unit within seventy-five days of the date of the notice; (3) a statement that if the support obligor does not challenge the support collection unit's determination then the department of motor vehicles shall be notified to suspend the support obligor's driving privileges unless the support obligor contacts the support collection unit to arrange for full payment or commencement of satisfactory payment arrangements on the arrears/past due support, or to comply otherwise S. 7746 5 with the requirements set forth in paragraph (e) of this subdivision, within forty-five days of the date of the notice; (4) the address and telephone number of the support collection unit that the support obligor may contact to request information about a challenge or to comply with the requirements set forth in paragraph (e) of this subdivision; (5) a statement that the suspension of driving privileges will contin- ue until the support obligor pays the support arrears or complies other- wise with the requirements set forth in paragraph (e) of this subdivi- sion; and (6) a statement printed in boldface type that the support obligor's intentional submission of false written statements to the support collection unit for the purpose of frustrating or defeating the lawful enforcement of support obligations is punishable pursuant to section 175.35 of the penal law. (d) (1) A support obligor may challenge in writing the correctness of the determination of the support collection unit that the obligor's driving privileges should be suspended, and in support of the challenge may submit documentation demonstrating mistaken identity, error in calculation of arrears, financial exemption from license suspension pursuant to the conditions enumerated in paragraph (e) of this subdivi- sion, the absence of an underlying court order to support such determi- nation, or other reason that the person is not subject to such determi- nation. Such documents may include but are not limited to a copy of the order of support pursuant to which the obligor claims to have made payment, other relevant court orders, copies of cancelled checks, receipts for support payments, pay stubs or other documents identifying wage withholding, and proof of identity. The support collection unit shall review the documentation submitted by the support obligor, shall adjust the support obligor's account if appropriate, and shall notify the support obligor of the results of the review initiated in response to the challenge within seventy-five days from the date of the notice required by paragraph (b) of this subdivision. If the support collection unit's review indicates that the determination to suspend driving privi- leges was correct, the support collection unit shall notify the support obligor of the results of the review and that the support obligor has thirty-five days from the date of mailing of such notice to satisfy the full amount of the arrears or commence payment of the arrears/past due support as specified in paragraph (e) of this subdivision and if the support obligor fails to do so, the support collection unit shall notify the department of motor vehicles to suspend the support obligor's driv- ing privileges pursuant to section five hundred ten of the vehicle and traffic law. The support obligor shall be further notified that if the support obligor files objections with the family court and serves these objections on the support collection unit within thirty-five days from the date of mailing of the notice denying the challenge pursuant to subdivision five of section four hundred fifty-four of the family court act, the support collection unit shall not notify the department of motor vehicles to suspend the support obligor's driving privileges until fifteen days after entry of judgement by the family court denying the objections. (2) A support obligor may within thirty-five days of mailing of the notice denying [his or her] SUCH OBLIGOR'S challenge by the support collection unit request that the family court review the support collection unit's determination pursuant to subdivision five of section four hundred fifty-four of the family court act. If the support obligor S. 7746 6 requests the family court to review the determination of the support collection unit, the support collection unit shall not notify the department of motor vehicles to suspend the support obligor's driving privileges until fifteen days after mailing of a copy of the judgment by the family court to the support obligor denying the objections. (e) A support obligor who has received a notice that [his or her] SUCH OBLIGOR'S driving privileges shall be suspended may avoid the suspension by: (1) making full payment of all arrears/past due support to the support collection unit; or (2) making satisfactory payment arrangements with the support collection unit for payment of the arrears/past due support and the current support obligation. "Satisfactory payment arrangements" shall mean: (i) execution of a confession of judgment for the total balance of the arrears/past due support; and (ii) execution of a verified statement of net worth on a form prescribed by the commissioner setting forth the obligor's income from all sources, liquid assets and holdings, copies of the obligor's drivers license, most recent federal and state tax return, and a representative pay stub, and an eighteen month employment history; and (iii) execution and verification of a stipulation that the obligor will notify the support collection unit of all future changes of address until such time as the obligation to pay support is terminated; and (iv) payment of support to the support collection unit by income execution pursuant to section five thousand two hundred forty-one of the civil practice law and rules, which shall include deductions sufficient to ensure compliance with the direction in the order of support and shall include an additional amount to be applied to the reduction of arrears as required by subdivision (b) of such section, or by execution of an agreement for payment of the arrears/past due support and any current support directly to the support collection unit in an amount which is consistent with that which would have been made under such an income execution; provided however, that where the support obligor fails to comply with the agreement, [he/she] SUCH OBLIGOR may avoid or termi- nate the suspension of driving privileges only by making at least fifty percent payment of all arrears/past due support to the support collection unit and in addition, entering into a payment plan pursuant to this subdivision with the support collection unit within fifteen days. However, in any case when the support obligor fails to comply with a payment plan as described herein more than once within twelve months, the obligor must pay the balance of all arrears/past due support to avoid or terminate license suspension. "Failure to comply" for these purposes shall mean missing payments in an amount equivalent to four months of support under the payment plan, unless the support obligor demonstrates that [he or she] SUCH OBLIGOR has filed a petition for modification that is pending; or (3) providing documentation that shows the support obligor is receiv- ing public assistance or supplemental security income; or (4) providing to the support collection unit the documentation required by clauses (i) through (iii) of subparagraph two of this para- graph, where such documentation is sufficient for the support collection unit to determine: (i) that the support obligor's income, as defined by subparagraph five of paragraph (b) of subdivision one of section four hundred thirteen of the family court act, falls below the self-support reserve as defined by S. 7746 7 subparagraph six of paragraph (b) of subdivision one of section four hundred thirteen of the family court act; or (ii) that the amount of the support obligor's income, as defined by subparagraph five of paragraph (b) of subdivision one of section four hundred thirteen of the family court act, remaining after the payment of the current support obligation would fall below the self-support reserve as defined by subparagraph six of paragraph (b) of subdivision one of section four hundred thirteen of the family court act. (f) A support obligor who alleges that [he or she] SUCH OBLIGOR has not received actual notice pursuant to paragraph one of subdivision (b) of this section and whose driving privileges were suspended may at any time request a review pursuant to subdivision (d) of this section or comply with the requirements of subdivision (e) of this section, and upon a determination that [he or she] SUCH OBLIGOR has not accumulated support arrears equivalent to or greater than the amount of support due for a period of four months or that [he or she] SUCH OBLIGOR meets the requirements of subdivision (e) of this section, the department shall notify the department of motor vehicles that the suspension of driving privileges shall be terminated. § 4. Subdivision (b) of section 458-a of the family court act, as added by chapter 398 of the laws of 1997, is amended to read as follows: (b) If the respondent, after receiving appropriate notice, fails to comply with a summons, subpoena or warrant relating to a paternity [or child support] proceeding, the court may order the department of motor vehicles to suspend the respondent's driving privileges. The court may subsequently order the department of motor vehicles to terminate the suspension of the respondent's driving privileges; however, the court shall order the termination of such suspension when the court is satis- fied that the respondent has fully complied with the requirements of all summonses, subpoenas and warrants relating to a paternity [or child support] proceeding. Nothing in this subdivision shall authorize the court to terminate the respondent's suspension of driving privileges except as provided in this subdivision. § 5. The section heading and subdivisions (a) and (b) of section 244-c of the domestic relations law, the section heading as amended and subdi- vision (b) as added by chapter 398 of the laws of 1997 and subdivision (a) as amended by chapter 624 of the laws of 2002, are amended to read as follows: [Child support proceedings] PROCEEDINGS and enforcement of arrears; suspensions of state professional, occupational and business licenses. (a) In any proceeding for enforcement of a direction or agreement, incorporated in a judgement or order, to pay any sum of money as [child support or combined child and] spousal support, if the court is satis- fied by competent proof that the respondent has accumulated support arrears equivalent to or greater than the amount of support due pursuant to such judgment or order for a period of four months and that the respondent is licensed, permitted or registered by or with a board, department, authority or office of this state to conduct a trade, busi- ness, profession or occupation, the court may order such board, depart- ment, authority or office to commence proceedings as required by law regarding the suspension of such license, permit, registration, or authority to practice and to inform the court of the actions it has taken pursuant to such proceedings. For purposes of determining whether a respondent has accumulated support arrears equivalent to or greater than the amount of support due for a period of four months, the amount of any retroactive support, other than periodic payments of retroactive S. 7746 8 support which are past due, shall not be included in the calculation of support arrears pursuant to this section. (b) If the respondent, after receiving appropriate notice, fails to comply with a summons, subpoena or warrant relating to a paternity [or child support] proceeding, and the court has determined that the respondent is licensed, permitted or registered by or with a board, department, authority or office of this state or one of its political subdivisions or instrumentalities to conduct a trade, business, profes- sion or occupation, the court may order such board, department, authori- ty or office to commence proceedings as required by law regarding the suspension of such license, permit, registration or authority to prac- tice and to inform the court of the actions it has taken pursuant to such proceeding. The court may subsequently order such board, depart- ment, authority or office to terminate the suspension of the respond- ent's license, permit, registration or authority to practice; however, the court shall order the termination of such suspension when the court is satisfied that the respondent has fully complied with all summons, subpoenas and warrants relating to a paternity [or child support] proceeding. § 6. Paragraphs (a), (b), (d) and (g) of subdivision 4 of section 119 of the alcoholic beverage control law, paragraphs (a) and (b) as amended and paragraph (d) as added by chapter 398 of the laws of 1997 and para- graph (g) as added by chapter 81 of the laws of 1995 and as relettered by chapter 398 of the laws of 1997, are amended to read as follows: (a) The provisions of this subdivision shall apply in all cases of licensee or permittee failure after receiving appropriate notice, to comply with a summons, subpoena or warrant relating to a paternity [or child support] proceeding and arrears in payment of [child support or combined child and] spousal support referred to the authority by a court pursuant to the requirements of section [two hundred forty-four-c of the domestic relations law or pursuant to section] four hundred fifty-eight-b or five hundred forty-eight-b of the family court act. (b) Upon receipt of an order from the court based on arrears in payment of [child support or combined child and] spousal support pursu- ant to one of the foregoing provisions of law, the authority, if it finds such person to have been issued a license or permit, shall within thirty days of receipt of such order from the court, provide notice to the licensee or permittee of, and initiate, a hearing which shall be held at least twenty days and no more than thirty days after the sending of such notice to the licensee or permittee. The hearing shall be sole- ly held for the purpose of determining whether there exists as of the date of the hearing proof that full payment of all arrears of support established by the order of the court to be due from the licensee or permittee have been paid. Proof of such payment shall be a certified check showing full payment of established arrears or a notice issued by the court or the support collection unit, where the order is payable to the support collection unit designated by the appropriate social services district. Such notice shall state that full payment of all arrears of support established by the order of the court to be due have been paid. The licensee or permittee shall be given full opportunity to present such proof of payment at the hearing in person or by counsel. The only issue to be determined by the authority as a result of the hearing is whether the arrears have been paid. No evidence with respect to the appropriateness of the court order or ability of the respondent party in arrears to comply with such order shall be received or consid- ered by the authority. S. 7746 9 (d) Upon receipt of an order from the court based on failure to comply with a summons, subpoena, or warrant relating to a paternity [or child support] proceeding, the authority, if it finds such person has been issued a license or permit, shall within thirty days of receipt of such order from the court, provide notice to the licensee or permittee that [his or her] SUCH LICENSEE OR PERMITTEE'S license shall be suspended in sixty days unless the conditions in paragraph (e) of this subdivision are met. (g) This subdivision applies to support obligations paid pursuant to any order of [child support or child and] spousal support issued under provisions of [article three-A or] section two hundred thirty-six or two hundred forty of the domestic relations law, or article four, five or five-A of the family court act. § 7. Section 6509-b of the education law, as added by chapter 81 of the laws of 1995, is amended to read as follows: § 6509-b. Additional definition of professional misconduct; arrears in payment of support; limited application. 1. The provisions of this section shall apply in all cases of licensee or registrant arrears in payment of [child support or combined child and] spousal support referred to the board of regents by a court pursuant to the requirements of [section two hundred forty-four-c of the domestic relations law or pursuant to] section four hundred fifty-eight-b of the family court act. 2. Upon receipt of an order from the court pursuant to one of the foregoing provisions of law, the board of regents, if it finds such person to be so licensed or registered, shall within thirty days of receipt of such order from the court, provide notice to the licensee or registrant of, and cause the regents review committee to initiate, a hearing which shall be held at least twenty days and no more than thirty days after the sending of such notice to the licensee or registrant. The hearing shall be held solely for the purpose of determining whether there exists as of the date of the hearing proof that full payment of all arrears of support established by the order of the court to be due from the licensee or registrant have been paid. Proof of such payment shall be a certified check showing full payment of established arrears or a notice issued by the court or by the support collection unit where the order is payable to the support collection unit designated by the appropriate social services district. Such notice shall state that full payment of all arrears of support established by the order of the court to be due have been paid. The licensee or registrant shall be given full opportunity to present such proof of payment at the hearing in person or by counsel. The only issue to be determined by the regents review committee as a result of the hearing is whether the arrears have been paid. No evidence with respect to the appropriateness of the court order or ability of the respondent party in arrears to comply with such order shall be received or considered by the committee. 3. Notwithstanding any inconsistent provision of this article or of any other provision of law to the contrary, the license or registration of a person subject to the provisions of this title and/or subject to the provisions of title two-A of article two of the public health law shall be suspended if, at the hearing provided for by subdivision two of this section, the licensee or registrant fails to present proof of payment as required by such subdivision. Such suspension shall not be lifted unless the court or the support collection unit, where the court order is payable to the support collection unit designated by the appro- priate social services district, issues notice to the regents review S. 7746 10 committee that full payment of all arrears of support established by the order of the court to be due have been paid. 4. The board of regents shall inform the court of all actions taken hereunder as required by law. 5. This section applies to support obligations paid pursuant to any order of [child support or child and] spousal support issued under provisions of [article three-A or] section two hundred thirty-six or two hundred forty of the domestic relations law, or article four, five or five-A of the family court act. 6. Notwithstanding any inconsistent provision of this article or of any other provision of law to the contrary, the provisions of this section shall apply to the exclusion of any other requirements of this article and to the exclusion of any other requirement of law to the contrary. § 8. Section 6509-c of the education law, as added by chapter 398 of the laws of 1997, is amended to read as follows: § 6509-c. Additional definition of professional misconduct; failure to comply in paternity [or child support] proceedings; limited applica- tion. 1. The provisions of this section shall apply in all cases of licensee or registrant failure after receiving appropriate notice, to comply with a summons, subpoena or warrant relating to a paternity [or child support] proceeding referred to the board of regents by a court pursuant to the requirements of [section two hundred forty-four-c of the domestic relations law or pursuant to] section four hundred fifty-eight-b or five hundred forty-eight-b of the family court act. 2. Upon receipt of an order from the court pursuant to one of the foregoing provisions of law, the board of regents, if it finds such person to be so licensed or registered, shall within thirty days of receipt of such order from the court, provide notice to the licensee or registrant that [his or her] SUCH LICENSEE OR REGISTRANT'S license or registration shall be suspended in sixty days unless the conditions as set forth in subdivision three of this section are met. 3. Notwithstanding any inconsistent provision of this article or of any other provision of law to the contrary, the license or registration of a person subject to the provisions of this title and/or subject to the provisions of title two-A of article two of the public health law shall be suspended unless the court terminates its order to commence suspension proceedings. Such suspension shall not be lifted unless the court issues an order to the board of regents terminating its order to commence suspension proceedings. 4. The board of regents shall inform the court of all actions taken hereunder as required by law. 5. This section applies to paternity [or child support] proceedings commenced under, and support obligations paid pursuant to any order of [child support or child and] spousal support issued under provisions of section two hundred thirty-six or two hundred forty of the domestic relations law, or article four, five, five-A or five-B of the family court act. 6. Notwithstanding any inconsistent provision of this article or of any other provision of law to the contrary, the provisions of this section shall apply to the exclusion of any other requirements of this article and to the exclusion of any other requirement of law to the contrary. § 9. Subdivision 2-a of section 90 of the judiciary law, as amended by chapter 398 of the laws of 1997, is amended to read as follows: S. 7746 11 2-a. a. The provisions of this subdivision shall apply in all cases of an attorney licensed, registered or admitted to practice in this state who has failed after receiving appropriate notice, to comply with a summons, subpoena or warrant relating to a paternity [or child support] proceeding involving [him or her] SUCH ATTORNEY personally, or who is in arrears in payment of [child support or combined child and] spousal support which matter shall be referred to the appropriate appellate division by a court pursuant to the requirements of section [two hundred forty-four-c of the domestic relations law or pursuant to section] four hundred fifty-eight-b or five hundred forty-eight-b of the family court act. b. Upon receipt of an order from the court based on arrears in payment of [child support or combined child and] spousal support pursuant to one of the foregoing provisions of law, the appropriate appellate division within thirty days of receipt of such order, if it finds such person to be so licensed, registered or admitted, shall provide notice to such attorney of, and initiate, a hearing which shall be held by it at least twenty days and no more than thirty days after the sending of such notice to the attorney. The hearing shall be held solely for the purpose of determining whether there exists as of the date of the hearing proof that full payment of all arrears of support established by the order of the court to be due from the licensed, registered or admitted attorney have been paid. Proof of such payment shall be a certified check showing full payment of established arrears or a notice issued by the court or the support collection unit where the order is payable to the support collection unit designated by the appropriate social services district. Such notice shall state that full payment of all arrears of support established by the order of the court to be due have been paid. The licensed attorney shall be given full opportunity to present such proof of payment at the hearing in person or by counsel. The only issue to be determined as a result of the hearing is whether the arrears have been paid. No evidence with respect to the appropriateness of the court order or ability of the respondent party in arrears to comply with such order shall be received or considered by the disciplinary committee. c. Upon receipt of an order from the court based on failure to comply with a summons, subpoena, or warrant relating to a paternity [or child support] proceeding, the appropriate appellate division within thirty days of receipt of such order, if it finds such person to be so licensed, registered or admitted, shall provide notice to such attorney that [his or her] SUCH ATTORNEY'S license shall be suspended within sixty days of such notice to the attorney unless the conditions in para- graph e of this section are met. d. Notwithstanding any inconsistent provision of this section or of any other provision of law to the contrary, the license to practice law in this state of an attorney admitted to practice shall be suspended by the appellate division if, at the hearing provided for by paragraph b of this subdivision, the licensed attorney fails to present proof of payments as required by such subdivision. Such suspension shall not be lifted unless the original court or the support collection unit, where the court order is payable to the support collection unit designated by the appropriate social services district, issues notice to the appellate division that full payment of all arrears of support established by the order of the original court to be due have been paid. e. Notwithstanding any inconsistent provision of this section or of any other provision of law to the contrary, the license of an attorney admitted to practice law in this state shall be suspended by the appel- S. 7746 12 late division, in accordance with paragraph c of this subdivision unless the court terminates its order to commence suspension proceedings. Such suspension shall not be lifted unless the court issues an order to the appellate division terminating its order to commence suspension proceedings. f. The appellate division shall inform the original court of all actions taken hereunder. g. This subdivision [two-a] applies to paternity [and child support] proceedings commenced under, and support obligations paid pursuant to any order of [child support or child and] spousal support issued under provisions of section two hundred thirty-six or two hundred forty of the domestic relations law, or article four, five, five-A or five-B of the family court act. h. Notwithstanding any inconsistent provision of this section or of any other provision of law to the contrary, the provisions of this subdivision [two-a] shall apply to the exclusion of any other require- ments of this section and to the exclusion of any other requirement of law to the contrary. § 10. Subparagraphs (i), (ii), (iii) and (vii) of paragraph (b) of subdivision 1 of section 441-c of the real property law, subparagraph (i) as amended by chapter 529 of the laws of 2022 and subparagraphs (ii), (iii) and (vii) as amended by chapter 398 of the laws of 1997, are amended to read as follows: (i) The provisions of this paragraph shall apply in all cases of licensed broker or licensed salesperson who have failed, after receiving appropriate notice, to comply with a summons, subpoena or warrant relat- ing to a paternity [or child support] proceeding or is in arrears in payment of [child support or combined child and] spousal support referred to the department by a court pursuant to the requirements of section [two hundred forty-four-c of the domestic relations law or pursuant to section] four hundred fifty-eight-b or five hundred forty- eight-b of the family court act. (ii) Upon receipt of an order from the court pursuant to one of the foregoing provisions of law based on arrears in payment of [child support or combined child and] spousal support, the department, if it finds such person to be so licensed, shall within thirty days of receipt of such order from the court, provide notice to the licensee of, and initiate, a hearing which shall be held by it at least twenty days and no more than thirty days after the sending of such notice to the licen- see. The hearing shall be held solely for the purpose of determining whether there exists as of the date of the hearing proof that full payment of all arrears of support established by the order of the court to be due from the licensee have been paid. Proof of such payment shall be a certified check showing full payment of established arrears or a notice issued by the court, or the support collection unit where the order is payable to the support collection unit designated by the appro- priate social services district. Such notice shall state that full payment of all arrears of support established by the order of the court to be due have been paid. The licensee shall be given full opportunity to present such proof of payment from the court or support collection unit at the hearing in person or by counsel. The only issue to be deter- mined by the department as a result of the hearing is whether the arrears have been paid. No evidence with respect to the appropriateness of the court order or ability of the respondent party in arrears to comply with such order shall be received or considered by the depart- ment. S. 7746 13 (iii) Upon receipt of an order from the court based on failure to comply with a summons, subpoena, or warrant relating to a paternity [or child support] proceeding, the department, if it finds such person to be so licensed, shall within thirty days of receipt of such order from the court, provide notice to the licensee that [his or her] SUCH LICENSEE'S license shall be suspended within sixty days unless the conditions in subparagraph (v) of this section are met. (vii) This paragraph applies to paternity [and child support] proceedings commenced under, and support obligations paid pursuant to any order of [child support or child and] spousal support issued under provisions of section two hundred thirty-six or two hundred forty of the domestic relations law, or article four, five, five-A or five-B of the family court act. § 11. The section heading and subdivisions (a) and (b) of section 244-d of the domestic relations law, the section heading and subdivision (b) as added by chapter 398 of the laws of 1997 and subdivision (a) as amended by chapter 624 of the laws of 2002, are amended to read as follows: [Child support proceedings] PROCEEDINGS and enforcement of arrears; suspension of recreational license. (a) In any proceeding for enforcement of a direction or agreement, incorporated in a judgement or order, to pay any sum of money as [child support or combined child and] spousal support, if the court is satis- fied by competent proof that the respondent has accumulated support arrears equivalent to or greater than the amount of support due pursuant to such judgment or order for a period of four months, the court may order any agency responsible for the issuance of a recreational license to suspend or refuse to reissue a license to the respondent, or deny application for such license by the respondent. For purposes of deter- mining whether a respondent has accumulated support arrears equivalent to or greater than the amount of support due for a period of four months, the amount of any retroactive support, other than periodic payments of retroactive support which are past due, shall not be included in the calculation of support arrears pursuant to this section. (b) If the respondent, after receiving appropriate notice, fails to comply with a summons, subpoena, or warrant relating to a paternity [or child support] proceeding, the court may order any agency responsible for the issuance of a recreational license to suspend or to refuse to reissue a license to the respondent or to deny application for such license by the respondent. The court may subsequently order such agency to terminate the adverse action regarding the respondent's license; however, the court shall order the termination of such suspension or other adverse action when the court is satisfied that the respondent has fully complied with the requirements of all summons, subpoenas, and warrants relating to a paternity [or child support] proceeding. § 12. Paragraph 13 of subsection (a) of section 2110 of the insurance law is REPEALED and paragraphs 14, 15, 16 and 17 are renumbered para- graphs 13, 14, 15 and 16, paragraphs 16 and 17 as renumbered by chapter 546 of the laws of 2013. § 13. Subdivision (b) of section 458-a of the family court act, as added by chapter 398 of the laws of 1997, is amended to read as follows: (b) If the respondent, after receiving appropriate notice, fails to comply with a summons, subpoena or warrant relating to a paternity [or child support] proceeding, the court may order the department of motor vehicles to suspend the respondent's driving privileges. The court may subsequently order the department of motor vehicles to terminate the S. 7746 14 suspension of the respondent's driving privileges; however, the court shall order the termination of such suspension when the court is satis- fied that the respondent has fully complied with the requirements of all summonses, subpoenas and warrants relating to a paternity [or child support] proceeding. Nothing in this subdivision shall authorize the court to terminate the respondent's suspension of driving privileges except as provided in this subdivision. § 14. The section heading and subdivisions (b) and (c) of section 458-b of the family court act, the section heading and subdivision (c) as amended and subdivision (b) as added by chapter 398 of the laws of 1997, are amended to read as follows: [Child support proceedings] PROCEEDINGS and enforcement of arrears; suspension of state professional, occupational and business licenses. (b) If the respondent after receiving appropriate notice, fails to comply with a summons, subpoena or warrant relating to a paternity [or child support] proceeding, and the court has determined that the respondent is licensed, permitted or registered by or with a board, department, authority or office of this state or one of its political subdivisions or instrumentalities to conduct a trade, business, profes- sion or occupation, the court may order such board, department, authori- ty or office to commence proceedings as required by law regarding the suspension of such license, permit, registration or authority to prac- tice and to inform the court of the actions it has taken pursuant to such proceeding. The court may subsequently order such board, depart- ment, authority or office to terminate the suspension of the respond- ent's license, permit, registration or authority to practice; however, the court shall order the termination of such suspension when the court is satisfied that the respondent has fully complied with the require- ments of all summonses, subpoenas and warrants relating to a paternity [or child support] proceeding. (c) If the court determines that the suspension of the license, permit or registration of the respondent would create an extreme hardship to either the licensee, permittee or registrant or to persons whom [he or she] SUCH LICENSEE, PERMITTEE OR REGISTRANT serves, the court may, in lieu of suspension, suspend the order described in subdivision (a) of this section to the licensing entity for a period not to exceed one year. If on or before the expiration of this period the court has not received competent proof presented at hearing that the respondent is in full compliance with [his or her] SUCH RESPONDENT'S support obligation and has fully complied with all summons, subpoenas and warrants relating to a paternity [or child support] proceeding, the court shall cause the suspension of the order to be removed and shall further cause such order to be served upon the licensing entity. § 15. The section heading and subdivision (b) of section 458-c of the family court act, as added by chapter 398 of the laws of 1997, are amended to read as follows: [Child support proceedings] PROCEEDINGS and enforcement of arrears; suspension of recreational licenses. (b) If the respondent, after receiving appropriate notice, fails to comply with a summons, subpoena, or warrant relating to a paternity [or child support] proceeding, the court may order any agency responsible for the issuance of a recreational license to suspend or to refuse to reissue a license to the respondent or to deny application for such license by the respondent. The court may subsequently order such agency to terminate the adverse action regarding the respondent's license; however, the court shall order the termination of such suspension or S. 7746 15 other adverse action when the court is satisfied that the respondent has fully complied with the requirements of all summons, subpoenas, and warrants relating to a paternity [or child support] proceeding. § 16. Section 548-a of the family court act, as added by chapter 398 of the laws of 1997, is amended to read as follows: § 548-a. Paternity [or child support] proceedings; suspension of driving privileges. (a) If the respondent, after receiving appropriate notice, fails to comply with a summons, subpoena or warrant relating to a paternity [or child support] proceeding, the court may order the department of motor vehicles to suspend the respondent's driving privi- leges. (b) The court may subsequently order the department of motor vehicles to terminate the suspension of the respondent's driving privileges; however, the court shall order the termination of such suspension when the court is satisfied that the respondent has fully complied with the requirements of all summonses, subpoenas and warrants relating to a paternity [or child support] proceeding. § 17. Subdivision (f) of section 115 of the family court act, as amended by chapter 398 of the laws of 1997, is amended to read as follows: (f) The family court has jurisdiction to direct the commencement of proceedings to suspend the driving privileges, recreational licenses and permits, and license, permit, registration or authority to practice of persons who are delinquent in their [child or combined child and] spous- al support obligations or persons who have failed, after receiving appropriate notice, to comply with summonses, subpoenas or warrants relating to paternity [and child support] proceedings as set forth in sections four hundred fifty-eight-a, four hundred fifty-eight-b, four hundred fifty-eight-c, five hundred forty-eight-a, five hundred forty- eight-b, and five HUNDRED forty-eight-c of this act. Such jurisdiction shall include jurisdiction over all boards, departments, authorities or offices of the state for the purposes of implementing such section. § 18. Section 548-b of the family court act, as added by chapter 398 of the laws of 1997, is amended to read as follows: § 548-b. Paternity [or child support] proceedings; suspension of state professional, occupational and business licenses. (a) If the respondent, after receiving appropriate notice, fails to comply with a summons, subpoena or warrant relating to a paternity [or child support] proceeding, and the court has determined that the respondent is licensed, permitted or registered by or with a board, department, authority or office of this state or one of its political subdivisions or instrumentalities to conduct a trade, business, profession or occupa- tion, the court may order such board, department, authority or office to commence proceedings as required by law regarding the suspension of such license, permit, registration or authority to practice and to inform the court of the actions it has taken pursuant to such proceeding. (b) The court may subsequently order such board, department, authority or office to terminate the suspension of the respondent's license, permit, registration or authority to practice; however, the court shall order the termination of such suspension when the court is satisfied that the respondent has fully complied with all summons, subpoenas and warrants relating to a paternity [or child support] proceeding. § 19. Section 548-c of the family court act, as added by chapter 398 of the laws of 1997, is amended to read as follows: § 548-c. Paternity [or child support] proceedings; suspension of recreational licenses. If the respondent, after receiving appropriate S. 7746 16 notice, fails to comply with a summons, subpoena, or warrant relating to a paternity [or child support] proceeding, the court may order any agen- cy responsible for the issuance of a recreational license to suspend or to refuse to reissue a license to the respondent or to deny application for such license by the respondent. The court may subsequently order such agency to terminate the adverse action regarding the respondent's license; however, the court shall order the termination of such suspen- sion or other adverse action when the court is satisfied that the respondent has fully complied with the requirements of all summons, subpoenas, and warrants relating to a paternity [or child support] proceeding. § 20. This act shall take effect immediately; provided, however, that the amendments to subdivision 4-e of section 510 of the vehicle and traffic law made by section two of this act shall not affect the repeal of such subdivision and shall be deemed repealed therewith; provided, further that the amendments to subdivision 12 of section 111-b of the social services law made by section three of this act shall not affect the repeal of such subdivision and shall be deemed repealed therewith.
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