| Old | New | Differences | |
|---|---|---|---|
| 1 | 1 | ||
| 2 | 2 | ||
| 3 | 3 | EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW. | |
| 4 | 4 | [Brackets] indicate matter deleted from existing law. | |
| 5 | - | Underlining indicates amendments to bill. | |
| 6 | - | Strike out indicates matter stricken from the bill by amendment or deleted from the law by | |
| 7 | - | amendment. | |
| 8 | 5 | *sb0884* | |
| 9 | 6 | ||
| 10 | 7 | SENATE BILL 884 | |
| 11 | 8 | D4, R4 2lr1968 | |
| 12 | - | CF | |
| 9 | + | CF 2lr1967 | |
| 13 | 10 | By: Senators Watson and Smith | |
| 14 | 11 | Introduced and read first time: February 7, 2022 | |
| 15 | 12 | Assigned to: Judicial Proceedings | |
| 16 | - | Committee Report: Favorable with amendments | |
| 17 | - | Senate action: Adopted | |
| 18 | - | Read second time: March 8, 2022 | |
| 19 | 13 | ||
| 20 | - | ||
| 14 | + | A BILL ENTITLED | |
| 21 | 15 | ||
| 22 | 16 | AN ACT concerning 1 | |
| 23 | 17 | ||
| 24 | 18 | Driver’s Licenses – Suspension for Child Support Arrearages – Exception 2 | |
| 25 | 19 | ||
| 26 | 20 | FOR the purpose of establishing a certain exception to the authority of the Child Support 3 | |
| 27 | 21 | Administration to notify the Motor Vehicle Administration of an individual’s child 4 | |
| 28 | 22 | support arrearages for the purpose of suspending the individual’s driver’s license or 5 | |
| 29 | 23 | privilege to drive if the obligor’s family income is at or below a certain level; and 6 | |
| 30 | 24 | generally relating to the suspension of a driver’s license or privilege to drive for child 7 | |
| 31 | 25 | support arrearages. 8 | |
| 32 | 26 | ||
| 33 | 27 | BY repealing and reenacting, with amendments, 9 | |
| 34 | 28 | Article – Family Law 10 | |
| 35 | 29 | Section 10–119 11 | |
| 36 | 30 | Annotated Code of Maryland 12 | |
| 37 | 31 | (2019 Replacement Volume and 2021 Supplement) 13 | |
| 38 | 32 | ||
| 39 | 33 | BY repealing and reenacting, without amendments, 14 | |
| 40 | 34 | Article – Transportation 15 | |
| 41 | 35 | Section 16–203(a) and (b) 16 | |
| 42 | 36 | Annotated Code of Maryland 17 | |
| 43 | 37 | (2020 Replacement Volume and 2021 Supplement) 18 | |
| 44 | 38 | ||
| 45 | 39 | BY repealing and reenacting, with amendments, 19 | |
| 46 | 40 | Article – Transportation 20 | |
| 47 | 41 | Section 16–203(e) 21 | |
| 48 | - | Annotated Code of Maryland 22 2 SENATE BILL 884 | |
| 42 | + | Annotated Code of Maryland 22 | |
| 43 | + | (2020 Replacement Volume and 2021 Supplement) 23 | |
| 44 | + | ||
| 45 | + | SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 24 | |
| 46 | + | That the Laws of Maryland read as follows: 25 | |
| 47 | + | ||
| 48 | + | Article – Family Law 26 2 SENATE BILL 884 | |
| 49 | 49 | ||
| 50 | 50 | ||
| 51 | - | (2020 Replacement Volume and 2021 Supplement) 1 | |
| 52 | 51 | ||
| 53 | - | SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 2 | |
| 54 | - | That the Laws of Maryland read as follows: 3 | |
| 52 | + | 10–119. 1 | |
| 55 | 53 | ||
| 56 | - | ||
| 54 | + | (a) (1) In this section the following words have the meanings indicated. 2 | |
| 57 | 55 | ||
| 58 | - | 10–119. 5 | |
| 56 | + | (2) “License” has the meaning stated in § 11–128 of the Transportation 3 | |
| 57 | + | Article. 4 | |
| 59 | 58 | ||
| 60 | - | (a) (1) In this section the following words have the meanings indicated. 6 | |
| 59 | + | (3) “Motor Vehicle Administration” means the Motor Vehicle 5 | |
| 60 | + | Administration of the Department of Transportation. 6 | |
| 61 | 61 | ||
| 62 | - | ( | |
| 63 | - | ||
| 62 | + | (b) THIS SECTION DOES NOT APPLY TO AN OBLIGOR WHOSE INCOME IS NOT 7 | |
| 63 | + | GREATER THAN 300% OF THE FEDERAL POVER TY LEVEL. 8 | |
| 64 | 64 | ||
| 65 | - | (3) “Motor Vehicle Administration” means the Motor Vehicle 9 | |
| 66 | - | Administration of the Department of Transportation. 10 | |
| 65 | + | (C) (1) Subject to the provisions of subsection [(c)] (D) of this section, the 9 | |
| 66 | + | Administration may notify the Motor Vehicle Administration of an obligor with a 10 | |
| 67 | + | noncommercial license who is 60 days or more out of compliance, or an obligor with a 11 | |
| 68 | + | commercial license who is 120 days or more out of compliance, with the most recent order 12 | |
| 69 | + | of the court in making child support payments if: 13 | |
| 67 | 70 | ||
| 68 | - | (b) THIS SECTION DOES NOT APPLY TO AN OBLIGOR WHOSE INCOME IS NOT 11 | |
| 69 | - | GREATER THAN 300% OF THE FEDERAL POVER TY LEVEL UNLESS THE OBLIGOR H AS 12 | |
| 70 | - | BEEN JUDICIALLY DETE RMINED TO BE VOLUNTA RILY IMPOVERISHED UNDER § 13 | |
| 71 | - | 12–204 OF THIS ARTICLE. 14 | |
| 71 | + | (i) the Administration has accepted an assignment of support under 14 | |
| 72 | + | § 5–312(b)(2) of the Human Services Article; or 15 | |
| 72 | 73 | ||
| 73 | - | (C) (1) Subject to the provisions of subsection [(c)] (D) of this section, the 15 | |
| 74 | - | Administration may notify the Motor Vehicle Administration of an obligor with a 16 | |
| 75 | - | noncommercial license who is 60 days or more out of compliance, or an obligor with a 17 | |
| 76 | - | commercial license who is 120 days or more out of compliance, with the most recent order 18 | |
| 77 | - | of the court in making child support payments if: 19 | |
| 74 | + | (ii) the recipient of support payments has filed an application for 16 | |
| 75 | + | support enforcement services with the Administration. 17 | |
| 78 | 76 | ||
| 79 | - | ( | |
| 80 | - | ||
| 77 | + | (2) Upon notification by the Administration under this subsection, the 18 | |
| 78 | + | Motor Vehicle Administration: 19 | |
| 81 | 79 | ||
| 82 | - | ( | |
| 83 | - | ||
| 80 | + | (i) shall suspend the obligor’s license or privilege to drive in the 20 | |
| 81 | + | State; and 21 | |
| 84 | 82 | ||
| 85 | - | ( | |
| 86 | - | ||
| 83 | + | (ii) may issue a work–restricted license or work–restricted privilege 22 | |
| 84 | + | to drive in the State in accordance with § 16–203 of the Transportation Article. 23 | |
| 87 | 85 | ||
| 88 | - | ( | |
| 89 | - | ||
| 86 | + | [(c)] (D) (1) Before supplying any information to the Motor Vehicle 24 | |
| 87 | + | Administration under this section, the Administration shall: 25 | |
| 90 | 88 | ||
| 91 | - | (ii) may issue a work–restricted license or work–restricted privilege 28 | |
| 92 | - | to drive in the State in accordance with § 16–203 of the Transportation Article. 29 | |
| 89 | + | (i) send written notice of the proposed action to the obligor, 26 | |
| 90 | + | including notice of the obligor’s right to request an investigation on any of the following 27 | |
| 91 | + | grounds: 28 | |
| 93 | 92 | ||
| 94 | - | [(c)] (D) (1) Before supplying any information to the Motor Vehicle 30 | |
| 95 | - | Administration under this section, the Administration shall: 31 | |
| 96 | - | SENATE BILL 884 3 | |
| 93 | + | 1. the information regarding the reported arrearage is 29 | |
| 94 | + | inaccurate; 30 | |
| 95 | + | ||
| 96 | + | 2. suspension of the obligor’s license or privilege to drive 31 | |
| 97 | + | would be an impediment to the obligor’s current or potential employment; or 32 SENATE BILL 884 3 | |
| 97 | 98 | ||
| 98 | 99 | ||
| 99 | - | (i) send written notice of the proposed action to the obligor, 1 | |
| 100 | - | including notice of the obligor’s right to request an investigation on any of the following 2 | |
| 101 | - | grounds: 3 | |
| 102 | 100 | ||
| 103 | - | | |
| 104 | - | ||
| 101 | + | 3. suspension of the obligor’s license or privilege to drive 1 | |
| 102 | + | would place an undue hardship on the obligor because of the obligor’s: 2 | |
| 105 | 103 | ||
| 106 | - | | |
| 107 | - | ||
| 104 | + | A. documented disability resulting in a verified inability to 3 | |
| 105 | + | work; or 4 | |
| 108 | 106 | ||
| 109 | - | 3. suspension of the obligor’s license or privilege to drive 8 | |
| 110 | - | would place an undue hardship on the obligor because of the obligor’s: 9 | |
| 107 | + | B. inability to comply with the court order; and 5 | |
| 111 | 108 | ||
| 112 | - | | |
| 113 | - | ||
| 109 | + | (ii) give the obligor a reasonable opportunity to request an 6 | |
| 110 | + | investigation of the proposed action of the Administration. 7 | |
| 114 | 111 | ||
| 115 | - | B. inability to comply with the court order; and 12 | |
| 112 | + | (2) (i) Upon receipt of a request for investigation from the obligor, the 8 | |
| 113 | + | Administration shall conduct an investigation to determine if any of the grounds under 9 | |
| 114 | + | paragraph (1)(i) of this subsection exist. 10 | |
| 116 | 115 | ||
| 117 | - | (ii) give the obligor a reasonable opportunity to request an 13 | |
| 118 | - | investigation of the proposed action of the Administration. 14 | |
| 116 | + | (ii) The Administration shall: 11 | |
| 119 | 117 | ||
| 120 | - | (2) (i) Upon receipt of a request for investigation from the obligor, the 15 | |
| 121 | - | Administration shall conduct an investigation to determine if any of the grounds under 16 | |
| 122 | - | paragraph (1)(i) of this subsection exist. 17 | |
| 118 | + | 1. send a copy of the obligor’s request for an investigation to 12 | |
| 119 | + | the obligee by first–class mail; 13 | |
| 123 | 120 | ||
| 124 | - | | |
| 121 | + | 2. give the obligee a reasonable opportunity to respond; and 14 | |
| 125 | 122 | ||
| 126 | - | 1. send a copy of the obligor’s request for an investigation to 19 | |
| 127 | - | the obligee by first–class mail; 20 | |
| 123 | + | 3. consider the obligee’s response. 15 | |
| 128 | 124 | ||
| 129 | - | 2. give the obligee a reasonable opportunity to respond; and 21 | |
| 125 | + | (iii) Upon completion of the investigation, the Administration shall 16 | |
| 126 | + | notify the obligor of the results of the investigation and the obligor’s right to appeal to the 17 | |
| 127 | + | Office of Administrative Hearings. 18 | |
| 130 | 128 | ||
| 131 | - | 3. consider the obligee’s response. 22 | |
| 129 | + | (3) (i) An appeal under this section shall be conducted in accordance 19 | |
| 130 | + | with Title 10, Subtitle 2 of the State Government Article. 20 | |
| 132 | 131 | ||
| 133 | - | ( | |
| 134 | - | ||
| 135 | - | ||
| 132 | + | (ii) An appeal shall be made in writing and shall be received by the 21 | |
| 133 | + | Office of Administrative Hearings within 20 days after the notice to the obligor of the 22 | |
| 134 | + | results of the investigation. 23 | |
| 136 | 135 | ||
| 137 | - | (3) (i) An appeal under this section shall be conducted in accordance 26 | |
| 138 | - | with Title 10, Subtitle 2 of the State Government Article. 27 | |
| 136 | + | (4) If, after the investigation or appeal to the Office of Administrative 24 | |
| 137 | + | Hearings, the Administration finds that one of the grounds under paragraph (1)(i) of this 25 | |
| 138 | + | subsection exists, the Administration may not send any information about the obligor to 26 | |
| 139 | + | the Motor Vehicle Administration. 27 | |
| 139 | 140 | ||
| 140 | - | (ii) An appeal shall be made in writing and shall be received by the 28 | |
| 141 | - | Office of Administrative Hearings within 20 days after the notice to the obligor of the 29 | |
| 142 | - | results of the investigation. 30 | |
| 141 | + | (5) The Administration may not send any information about an obligor to 28 | |
| 142 | + | the Motor Vehicle Administration if: 29 | |
| 143 | 143 | ||
| 144 | - | (4) If, after the investigation or appeal to the Office of Administrative 31 | |
| 145 | - | Hearings, the Administration finds that one of the grounds under paragraph (1)(i) of this 32 4 SENATE BILL 884 | |
| 144 | + | (i) the Administration reaches an agreement with the obligor 30 | |
| 145 | + | regarding a scheduled payment of the obligor’s child support arrearage or a court issues an 31 | |
| 146 | + | order for a scheduled payment of the child support arrearage; and 32 4 SENATE BILL 884 | |
| 146 | 147 | ||
| 147 | 148 | ||
| 148 | - | subsection exists, the Administration may not send any information about the obligor to 1 | |
| 149 | - | the Motor Vehicle Administration. 2 | |
| 150 | 149 | ||
| 151 | - | (5) The Administration may not send any information about an obligor to 3 | |
| 152 | - | the Motor Vehicle Administration if: 4 | |
| 150 | + | (ii) the obligor is complying with the agreement or court order. 1 | |
| 153 | 151 | ||
| 154 | - | (i) the Administration reaches an agreement with the obligor 5 | |
| 155 | - | regarding a scheduled payment of the obligor’s child support arrearage or a court issues an 6 | |
| 156 | - | order for a scheduled payment of the child support arrearage; and 7 | |
| 152 | + | [(d)] (E) (1) If, after information about an obligor is supplied to the Motor 2 | |
| 153 | + | Vehicle Administration, the obligor’s arrearage is paid in full, the obligor has demonstrated 3 | |
| 154 | + | good faith by paying the ordered amount of support for 6 consecutive months, the obligor is 4 | |
| 155 | + | a participant in full compliance in an employment program approved by the 5 | |
| 156 | + | Administration, or the Administration finds that one of the grounds under subsection 6 | |
| 157 | + | [(c)(1)(i)] (D)(1)(I) of this section exists, the Administration shall notify the Motor Vehicle 7 | |
| 158 | + | Administration to reinstate the obligor’s license or privilege to drive. 8 | |
| 157 | 159 | ||
| 158 | - | (ii) the obligor is complying with the agreement or court order. 8 | |
| 160 | + | (2) The Administration may request that the Motor Vehicle 9 | |
| 161 | + | Administration expunge a record of a suspension of a license or privilege to drive for failure 10 | |
| 162 | + | to pay child support: 11 | |
| 159 | 163 | ||
| 160 | - | [(d)] (E) (1) If, after information about an obligor is supplied to the Motor 9 | |
| 161 | - | Vehicle Administration, the obligor’s arrearage is paid in full, the obligor has demonstrated 10 | |
| 162 | - | good faith by paying the ordered amount of support for 6 consecutive months, the obligor is 11 | |
| 163 | - | a participant in full compliance in an employment program approved by the 12 | |
| 164 | - | Administration, or the Administration finds that one of the grounds under subsection 13 | |
| 165 | - | [(c)(1)(i)] (D)(1)(I) of this section exists, the Administration shall notify the Motor Vehicle 14 | |
| 166 | - | Administration to reinstate the obligor’s license or privilege to drive. 15 | |
| 164 | + | (i) for an obligor who is enrolled in and compliant with an 12 | |
| 165 | + | employment program approved by the Administration; or 13 | |
| 167 | 166 | ||
| 168 | - | (2) The Administration may request that the Motor Vehicle 16 | |
| 169 | - | Administration expunge a record of a suspension of a license or privilege to drive for failure 17 | |
| 170 | - | to pay child support: 18 | |
| 167 | + | (ii) if the information reported by the Administration that led to the 14 | |
| 168 | + | suspension was inaccurate. 15 | |
| 171 | 169 | ||
| 172 | - | (i) for an obligor who is enrolled in and compliant with an 19 | |
| 173 | - | employment program approved by the Administration; or 20 | |
| 170 | + | [(e)] (F) The Secretary of Human Services, in cooperation with the Secretary of 16 | |
| 171 | + | Transportation and the Office of Administrative Hearings, shall adopt regulations to 17 | |
| 172 | + | implement this section. 18 | |
| 174 | 173 | ||
| 175 | - | (ii) if the information reported by the Administration that led to the 21 | |
| 176 | - | suspension was inaccurate. 22 | |
| 174 | + | Article – Transportation 19 | |
| 177 | 175 | ||
| 178 | - | [(e)] (F) The Secretary of Human Services, in cooperation with the Secretary of 23 | |
| 179 | - | Transportation and the Office of Administrative Hearings, shall adopt regulations to 24 | |
| 180 | - | implement this section. 25 | |
| 176 | + | 16–203. 20 | |
| 181 | 177 | ||
| 182 | - | Article – Transportation 26 | |
| 178 | + | (a) In this section, “Child Support Administration” means the Child Support 21 | |
| 179 | + | Administration of the Department of Human Services. 22 | |
| 183 | 180 | ||
| 184 | - | 16–203. 27 | |
| 181 | + | (b) On notification by the Child Support Administration in accordance with § 23 | |
| 182 | + | 10–119 of the Family Law Article that an obligor is 60 days or more out of compliance with 24 | |
| 183 | + | the most recent order of the court in making child support payments, the Administration: 25 | |
| 185 | 184 | ||
| 186 | - | (a) In this section, “Child Support Administration” means the Child Support 28 | |
| 187 | - | Administration of the Department of Human Services. 29 | |
| 185 | + | (1) Shall suspend an obligor’s license or privilege to drive in the State; and 26 | |
| 188 | 186 | ||
| 189 | - | (b) On notification by the Child Support Administration in accordance with § 30 | |
| 190 | - | 10–119 of the Family Law Article that an obligor is 60 days or more out of compliance with 31 | |
| 191 | - | the most recent order of the court in making child support payments, the Administration: 32 | |
| 187 | + | (2) May issue a work–restricted license or work–restricted privilege to 27 | |
| 188 | + | drive. 28 | |
| 192 | 189 | ||
| 193 | - | (1) Shall suspend an obligor’s license or privilege to drive in the State; and 33 | |
| 190 | + | (e) The Administration shall reinstate an obligor’s license or privilege to drive in 29 | |
| 191 | + | the State if: 30 | |
| 192 | + | ||
| 193 | + | (1) The Administration receives a court order to reinstate the license or 31 | |
| 194 | + | privilege to drive; or 32 | |
| 194 | 195 | SENATE BILL 884 5 | |
| 195 | 196 | ||
| 196 | 197 | ||
| 197 | - | (2) May issue a work–restricted license or work–restricted privilege to 1 | |
| 198 | - | drive. 2 | |
| 198 | + | (2) The Child Support Administration notifies the Administration that: 1 | |
| 199 | 199 | ||
| 200 | - | ( | |
| 201 | - | ||
| 200 | + | (i) The individual whose license or privilege to drive was suspended 2 | |
| 201 | + | is not in arrears in making child support payments; 3 | |
| 202 | 202 | ||
| 203 | - | (1) The Administration receives a court order to reinstate the license or 5 | |
| 204 | - | privilege to drive; or 6 | |
| 203 | + | (ii) The obligor has paid the support arrearage in full; 4 | |
| 205 | 204 | ||
| 206 | - | (2) The Child Support Administration notifies the Administration that: 7 | |
| 205 | + | (iii) The obligor has demonstrated good faith by paying the ordered 5 | |
| 206 | + | amount of support for 6 consecutive months; 6 | |
| 207 | 207 | ||
| 208 | - | ( | |
| 209 | - | ||
| 208 | + | (iv) The obligor is a participant in full compliance in an employment 7 | |
| 209 | + | program approved by the Child Support Administration; or 8 | |
| 210 | 210 | ||
| 211 | - | (ii) The obligor has paid the support arrearage in full; 10 | |
| 211 | + | (v) One of the grounds under § [10–119(c)(1)(i)] 10–119(D)(1)(I) of 9 | |
| 212 | + | the Family Law Article exists. 10 | |
| 212 | 213 | ||
| 213 | - | | |
| 214 | - | ||
| 214 | + | SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 11 | |
| 215 | + | October 1, 2022. 12 | |
| 215 | 216 | ||
| 216 | - | (iv) The obligor is a participant in full compliance in an employment 13 | |
| 217 | - | program approved by the Child Support Administration; or 14 | |
| 218 | - | ||
| 219 | - | (v) One of the grounds under § [10–119(c)(1)(i)] 10–119(D)(1)(I) of 15 | |
| 220 | - | the Family Law Article exists. 16 | |
| 221 | - | ||
| 222 | - | SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 17 | |
| 223 | - | October 1, 2022. 18 | |
| 224 | - | ||
| 225 | - | ||
| 226 | - | ||
| 227 | - | ||
| 228 | - | ||
| 229 | - | Approved: | |
| 230 | - | ________________________________________________________________________________ | |
| 231 | - | Governor. | |
| 232 | - | ________________________________________________________________________________ | |
| 233 | - | President of the Senate. | |
| 234 | - | ________________________________________________________________________________ | |
| 235 | - | Speaker of the House of Delegates. |