EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
Underlining indicates amendments to bill.
Strike out indicates matter stricken from the bill by amendment or deleted from the law by
amendment.
*sb0884*
SENATE BILL 884
D4, R4 2lr1968
CF HB 1293
By: Senators Watson and Smith
Introduced and read first time: February 7, 2022
Assigned to: Judicial Proceedings
Committee Report: Favorable with amendments
Senate action: Adopted
Read second time: March 8, 2022
CHAPTER ______
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 2 SENATE BILL 884
(2020 Replacement Volume and 2021 Supplement) 1
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 2
That the Laws of Maryland read as follows: 3
Article – Family Law 4
10–119. 5
(a) (1) In this section the following words have the meanings indicated. 6
(2) “License” has the meaning stated in § 11–128 of the Transportation 7
Article. 8
(3) “Motor Vehicle Administration” means the Motor Vehicle 9
Administration of the Department of Transportation. 10
(b) THIS SECTION DOES NOT APPLY TO AN OBLIGOR WHOSE INCOME IS NOT 11
GREATER THAN 300% OF THE FEDERAL POVER TY LEVEL UNLESS THE OBLIGOR H AS 12
BEEN JUDICIALLY DETE RMINED TO BE VOLUNTA RILY IMPOVERISHED UNDER § 13
12–204 OF THIS ARTICLE. 14
(C) (1) Subject to the provisions of subsection [(c)] (D) of this section, the 15
Administration may notify the Motor Vehicle Administration of an obligor with a 16
noncommercial license who is 60 days or more out of compliance, or an obligor with a 17
commercial license who is 120 days or more out of compliance, with the most recent order 18
of the court in making child support payments if: 19
(i) the Administration has accepted an assignment of support under 20
§ 5–312(b)(2) of the Human Services Article; or 21
(ii) the recipient of support payments has filed an application for 22
support enforcement services with the Administration. 23
(2) Upon notification by the Administration under this subsection, the 24
Motor Vehicle Administration: 25
(i) shall suspend the obligor’s license or privilege to drive in the 26
State; and 27
(ii) may issue a work–restricted license or work–restricted privilege 28
to drive in the State in accordance with § 16–203 of the Transportation Article. 29
[(c)] (D) (1) Before supplying any information to the Motor Vehicle 30
Administration under this section, the Administration shall: 31
SENATE BILL 884 3
(i) send written notice of the proposed action to the obligor, 1
including notice of the obligor’s right to request an investigation on any of the following 2
grounds: 3
1. the information regarding the reported arrearage is 4
inaccurate; 5
2. suspension of the obligor’s license or privilege to drive 6
would be an impediment to the obligor’s current or potential employment; or 7
3. suspension of the obligor’s license or privilege to drive 8
would place an undue hardship on the obligor because of the obligor’s: 9
A. documented disability resulting in a verified inability to 10
work; or 11
B. inability to comply with the court order; and 12
(ii) give the obligor a reasonable opportunity to request an 13
investigation of the proposed action of the Administration. 14
(2) (i) Upon receipt of a request for investigation from the obligor, the 15
Administration shall conduct an investigation to determine if any of the grounds under 16
paragraph (1)(i) of this subsection exist. 17
(ii) The Administration shall: 18
1. send a copy of the obligor’s request for an investigation to 19
the obligee by first–class mail; 20
2. give the obligee a reasonable opportunity to respond; and 21
3. consider the obligee’s response. 22
(iii) Upon completion of the investigation, the Administration shall 23
notify the obligor of the results of the investigation and the obligor’s right to appeal to the 24
Office of Administrative Hearings. 25
(3) (i) An appeal under this section shall be conducted in accordance 26
with Title 10, Subtitle 2 of the State Government Article. 27
(ii) An appeal shall be made in writing and shall be received by the 28
Office of Administrative Hearings within 20 days after the notice to the obligor of the 29
results of the investigation. 30
(4) If, after the investigation or appeal to the Office of Administrative 31
Hearings, the Administration finds that one of the grounds under paragraph (1)(i) of this 32 4 SENATE BILL 884
subsection exists, the Administration may not send any information about the obligor to 1
the Motor Vehicle Administration. 2
(5) The Administration may not send any information about an obligor to 3
the Motor Vehicle Administration if: 4
(i) the Administration reaches an agreement with the obligor 5
regarding a scheduled payment of the obligor’s child support arrearage or a court issues an 6
order for a scheduled payment of the child support arrearage; and 7
(ii) the obligor is complying with the agreement or court order. 8
[(d)] (E) (1) If, after information about an obligor is supplied to the Motor 9
Vehicle Administration, the obligor’s arrearage is paid in full, the obligor has demonstrated 10
good faith by paying the ordered amount of support for 6 consecutive months, the obligor is 11
a participant in full compliance in an employment program approved by the 12
Administration, or the Administration finds that one of the grounds under subsection 13
[(c)(1)(i)] (D)(1)(I) of this section exists, the Administration shall notify the Motor Vehicle 14
Administration to reinstate the obligor’s license or privilege to drive. 15
(2) The Administration may request that the Motor Vehicle 16
Administration expunge a record of a suspension of a license or privilege to drive for failure 17
to pay child support: 18
(i) for an obligor who is enrolled in and compliant with an 19
employment program approved by the Administration; or 20
(ii) if the information reported by the Administration that led to the 21
suspension was inaccurate. 22
[(e)] (F) The Secretary of Human Services, in cooperation with the Secretary of 23
Transportation and the Office of Administrative Hearings, shall adopt regulations to 24
implement this section. 25
Article – Transportation 26
16–203. 27
(a) In this section, “Child Support Administration” means the Child Support 28
Administration of the Department of Human Services. 29
(b) On notification by the Child Support Administration in accordance with § 30
10–119 of the Family Law Article that an obligor is 60 days or more out of compliance with 31
the most recent order of the court in making child support payments, the Administration: 32
(1) Shall suspend an obligor’s license or privilege to drive in the State; and 33
SENATE BILL 884 5
(2) May issue a work–restricted license or work–restricted privilege to 1
drive. 2
(e) The Administration shall reinstate an obligor’s license or privilege to drive in 3
the State if: 4
(1) The Administration receives a court order to reinstate the license or 5
privilege to drive; or 6
(2) The Child Support Administration notifies the Administration that: 7
(i) The individual whose license or privilege to drive was suspended 8
is not in arrears in making child support payments; 9
(ii) The obligor has paid the support arrearage in full; 10
(iii) The obligor has demonstrated good faith by paying the ordered 11
amount of support for 6 consecutive months; 12
(iv) The obligor is a participant in full compliance in an employment 13
program approved by the Child Support Administration; or 14
(v) One of the grounds under § [10–119(c)(1)(i)] 10–119(D)(1)(I) of 15
the Family Law Article exists. 16
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 17
October 1, 2022. 18
Approved:
________________________________________________________________________________
Governor.
________________________________________________________________________________
President of the Senate.
________________________________________________________________________________
Speaker of the House of Delegates.