EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
*sb0884*
SENATE BILL 884
D4, R4 2lr1968
CF 2lr1967
By: Senators Watson and Smith
Introduced and read first time: February 7, 2022
Assigned to: Judicial Proceedings
A BILL ENTITLED
AN ACT concerning 1
Driver’s Licenses – Suspension for Child Support Arrearages – Exception 2
FOR the purpose of establishing a certain exception to the authority of the Child Support 3
Administration to notify the Motor Vehicle Administration of an individual’s child 4
support arrearages for the purpose of suspending the individual’s driver’s license or 5
privilege to drive if the obligor’s family income is at or below a certain level; and 6
generally relating to the suspension of a driver’s license or privilege to drive for child 7
support arrearages. 8
BY repealing and reenacting, with amendments, 9
Article – Family Law 10
Section 10–119 11
Annotated Code of Maryland 12
(2019 Replacement Volume and 2021 Supplement) 13
BY repealing and reenacting, without amendments, 14
Article – Transportation 15
Section 16–203(a) and (b) 16
Annotated Code of Maryland 17
(2020 Replacement Volume and 2021 Supplement) 18
BY repealing and reenacting, with amendments, 19
Article – Transportation 20
Section 16–203(e) 21
Annotated Code of Maryland 22
(2020 Replacement Volume and 2021 Supplement) 23
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 24
That the Laws of Maryland read as follows: 25
Article – Family Law 26 2 SENATE BILL 884
10–119. 1
(a) (1) In this section the following words have the meanings indicated. 2
(2) “License” has the meaning stated in § 11–128 of the Transportation 3
Article. 4
(3) “Motor Vehicle Administration” means the Motor Vehicle 5
Administration of the Department of Transportation. 6
(b) THIS SECTION DOES NOT APPLY TO AN OBLIGOR WHOSE INCOME IS NOT 7
GREATER THAN 300% OF THE FEDERAL POVER TY LEVEL. 8
(C) (1) Subject to the provisions of subsection [(c)] (D) of this section, the 9
Administration may notify the Motor Vehicle Administration of an obligor with a 10
noncommercial license who is 60 days or more out of compliance, or an obligor with a 11
commercial license who is 120 days or more out of compliance, with the most recent order 12
of the court in making child support payments if: 13
(i) the Administration has accepted an assignment of support under 14
§ 5–312(b)(2) of the Human Services Article; or 15
(ii) the recipient of support payments has filed an application for 16
support enforcement services with the Administration. 17
(2) Upon notification by the Administration under this subsection, the 18
Motor Vehicle Administration: 19
(i) shall suspend the obligor’s license or privilege to drive in the 20
State; and 21
(ii) may issue a work–restricted license or work–restricted privilege 22
to drive in the State in accordance with § 16–203 of the Transportation Article. 23
[(c)] (D) (1) Before supplying any information to the Motor Vehicle 24
Administration under this section, the Administration shall: 25
(i) send written notice of the proposed action to the obligor, 26
including notice of the obligor’s right to request an investigation on any of the following 27
grounds: 28
1. the information regarding the reported arrearage is 29
inaccurate; 30
2. suspension of the obligor’s license or privilege to drive 31
would be an impediment to the obligor’s current or potential employment; or 32 SENATE BILL 884 3
3. suspension of the obligor’s license or privilege to drive 1
would place an undue hardship on the obligor because of the obligor’s: 2
A. documented disability resulting in a verified inability to 3
work; or 4
B. inability to comply with the court order; and 5
(ii) give the obligor a reasonable opportunity to request an 6
investigation of the proposed action of the Administration. 7
(2) (i) Upon receipt of a request for investigation from the obligor, the 8
Administration shall conduct an investigation to determine if any of the grounds under 9
paragraph (1)(i) of this subsection exist. 10
(ii) The Administration shall: 11
1. send a copy of the obligor’s request for an investigation to 12
the obligee by first–class mail; 13
2. give the obligee a reasonable opportunity to respond; and 14
3. consider the obligee’s response. 15
(iii) Upon completion of the investigation, the Administration shall 16
notify the obligor of the results of the investigation and the obligor’s right to appeal to the 17
Office of Administrative Hearings. 18
(3) (i) An appeal under this section shall be conducted in accordance 19
with Title 10, Subtitle 2 of the State Government Article. 20
(ii) An appeal shall be made in writing and shall be received by the 21
Office of Administrative Hearings within 20 days after the notice to the obligor of the 22
results of the investigation. 23
(4) If, after the investigation or appeal to the Office of Administrative 24
Hearings, the Administration finds that one of the grounds under paragraph (1)(i) of this 25
subsection exists, the Administration may not send any information about the obligor to 26
the Motor Vehicle Administration. 27
(5) The Administration may not send any information about an obligor to 28
the Motor Vehicle Administration if: 29
(i) the Administration reaches an agreement with the obligor 30
regarding a scheduled payment of the obligor’s child support arrearage or a court issues an 31
order for a scheduled payment of the child support arrearage; and 32 4 SENATE BILL 884
(ii) the obligor is complying with the agreement or court order. 1
[(d)] (E) (1) If, after information about an obligor is supplied to the Motor 2
Vehicle Administration, the obligor’s arrearage is paid in full, the obligor has demonstrated 3
good faith by paying the ordered amount of support for 6 consecutive months, the obligor is 4
a participant in full compliance in an employment program approved by the 5
Administration, or the Administration finds that one of the grounds under subsection 6
[(c)(1)(i)] (D)(1)(I) of this section exists, the Administration shall notify the Motor Vehicle 7
Administration to reinstate the obligor’s license or privilege to drive. 8
(2) The Administration may request that the Motor Vehicle 9
Administration expunge a record of a suspension of a license or privilege to drive for failure 10
to pay child support: 11
(i) for an obligor who is enrolled in and compliant with an 12
employment program approved by the Administration; or 13
(ii) if the information reported by the Administration that led to the 14
suspension was inaccurate. 15
[(e)] (F) The Secretary of Human Services, in cooperation with the Secretary of 16
Transportation and the Office of Administrative Hearings, shall adopt regulations to 17
implement this section. 18
Article – Transportation 19
16–203. 20
(a) In this section, “Child Support Administration” means the Child Support 21
Administration of the Department of Human Services. 22
(b) On notification by the Child Support Administration in accordance with § 23
10–119 of the Family Law Article that an obligor is 60 days or more out of compliance with 24
the most recent order of the court in making child support payments, the Administration: 25
(1) Shall suspend an obligor’s license or privilege to drive in the State; and 26
(2) May issue a work–restricted license or work–restricted privilege to 27
drive. 28
(e) The Administration shall reinstate an obligor’s license or privilege to drive in 29
the State if: 30
(1) The Administration receives a court order to reinstate the license or 31
privilege to drive; or 32
SENATE BILL 884 5
(2) The Child Support Administration notifies the Administration that: 1
(i) The individual whose license or privilege to drive was suspended 2
is not in arrears in making child support payments; 3
(ii) The obligor has paid the support arrearage in full; 4
(iii) The obligor has demonstrated good faith by paying the ordered 5
amount of support for 6 consecutive months; 6
(iv) The obligor is a participant in full compliance in an employment 7
program approved by the Child Support Administration; or 8
(v) One of the grounds under § [10–119(c)(1)(i)] 10–119(D)(1)(I) of 9
the Family Law Article exists. 10
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 11
October 1, 2022. 12