EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
*hb0326*
HOUSE BILL 326
D4, R4 3lr2022
CF SB 164
By: Delegates Henson, Davis, Terrasa, and Toles
Introduced and read first time: January 25, 2023
Assigned to: Judiciary
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 income is at or below a certain level; authorizing the 6
Child Support Administration to consider certain information in determining the 7
income of an obligor under this Act; and generally relating to the suspension of a 8
driver’s license or privilege to drive for child support arrearages. 9
BY repealing and reenacting, with amendments, 10
Article – Family Law 11
Section 10–119 12
Annotated Code of Maryland 13
(2019 Replacement Volume and 2022 Supplement) 14
BY repealing and reenacting, without amendments, 15
Article – Transportation 16
Section 16–203(a) and (b) 17
Annotated Code of Maryland 18
(2020 Replacement Volume and 2022 Supplement) 19
BY repealing and reenacting, with amendments, 20
Article – Transportation 21
Section 16–203(e) and (f) 22
Annotated Code of Maryland 23
(2020 Replacement Volume and 2022 Supplement) 24
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBL Y OF MARYLAND, 25
That the Laws of Maryland read as follows: 26
2 HOUSE BILL 326
Article – Family Law 1
10–119. 2
(a) (1) In this section the following words have the meanings indicated. 3
(2) “License” has the meaning stated in § 11–128 of the Transportation 4
Article. 5
(3) “Motor Vehicle Administration” means the Motor Vehicle 6
Administration of the Department of Transportation. 7
(b) (1) THIS SECTION DOES NOT APPLY TO AN OBLIGOR WHOSE INCOME 8
IS NOT GREATER THAN 300% OF THE FEDERAL POVER TY LEVEL UNLESS THE 9
OBLIGOR HAS BEEN JU DICIALLY DETERMINED TO BE VOLUNTARILY IM POVERISHED 10
UNDER § 12–204 OF THIS ARTICLE. 11
(2) TO DETERMINE THE INCO ME OF AN OBLIGOR UND ER THIS 12
SUBSECTION, THE ADMINISTRATION MAY CO NSIDER: 13
(I) THE INCOME OF THE OB LIGOR AT THE TIME TH E CHILD 14
SUPPORT ORDER IS ENTERED; OR 15
(II) INFORMATION ON THE O BLIGOR’S INCOME PROVIDED BY 16
THE OBLIGOR, THE COMPTROLLER , OR AN EMPLOYER OF TH E OBLIGOR. 17
(C) (1) Subject to the provisions of subsection [(c)] (D) of this section, the 18
Administration may notify the Motor Vehicle Administration of an obligor with a 19
noncommercial license who is 60 days or more out of compliance, or an obligor with a 20
commercial license who is 120 days or more out of compliance, with the most recent order 21
of the court in making child support payments if: 22
(i) the Administration has accepted an assignment of support under 23
§ 5–312(b)(2) of the Human Services Article; or 24
(ii) the recipient of support payments has filed an application for 25
support enforcement services with the Administration. 26
(2) Upon notification by the Administration under this subsection, the 27
Motor Vehicle Administration: 28
(i) shall suspend the obligor’s license or privilege to drive in the 29
State; and 30
(ii) may issue a work–restricted license or work–restricted privilege 31
to drive in the State in accordance with § 16–203 of the Transportation Article. 32 HOUSE BILL 326 3
[(c)] (D) (1) Before supplying any information to the Motor Vehicle 1
Administration under this section, the Administration shall: 2
(i) send written notice of the proposed action to the obligor, 3
including notice of the obligor’s right to request an investigation on any of the following 4
grounds: 5
1. the information regarding the reported arrearage is 6
inaccurate; 7
2. suspension of the obligor’s license or privilege to drive 8
would be an impediment to the obligor’s current or potential employment; or 9
3. suspension of the obligor’s license or privilege to drive 10
would place an undue hardship on the obligor because of the obligor’s: 11
A. documented disability resulting in a verified inability to 12
work; or 13
B. inability to comply with the court order; and 14
(ii) give the obligor a reasonable opportunity to request an 15
investigation of the proposed action of the Administration. 16
(2) (i) Upon receipt of a request for investigation from the obligor, the 17
Administration shall conduct an investigation to determine if any of the grounds under 18
paragraph (1)(i) of this subsection exist. 19
(ii) The Administration shall: 20
1. send a copy of the obligor’s request for an investigation to 21
the obligee by first–class mail; 22
2. give the obligee a reasonable opportunity to respond; and 23
3. consider the obligee’s response. 24
(iii) Upon completion of the investigation, the Administration shall 25
notify the obligor of the results of the investigation and the obligor’s right to appeal to the 26
Office of Administrative Hearings. 27
(3) (i) An appeal under this section shall be conducted in accordance 28
with Title 10, Subtitle 2 of the State Government Article. 29
(ii) An appeal shall be made in writing and shall be received by the 30
Office of Administrative Hearings within 20 days after the notice to the obligor of the 31 4 HOUSE BILL 326
results of the investigation. 1
(4) If, after the investigation or appeal to the Office of Administrative 2
Hearings, the Administration finds that one of the grounds under paragraph (1)(i) of this 3
subsection exists, the Administration may not send any information about the obligor to 4
the Motor Vehicle Administration. 5
(5) The Administration may not send any information about an obligor to 6
the Motor Vehicle Administration if: 7
(i) the Administration reaches an agreement with the obligor 8
regarding a scheduled payment of the obligor’s child support arrearage or a court issues an 9
order for a scheduled payment of the child support arrearage; and 10
(ii) the obligor is complying with the agreement or court order. 11
[(d)] (E) (1) If, after information about an obligor is supplied to the Motor 12
Vehicle Administration, the obligor’s arrearage is paid in full, the obligor has demonstrated 13
good faith by paying the ordered amount of support for 6 consecutive months, the obligor is 14
a participant in full compliance in an employment program approved by the 15
Administration, or the Administration finds that one of the grounds under subsection 16
[(c)(1)(i)] (D)(1)(I) of this section exists, the Administration shall notify the Motor Vehicle 17
Administration to reinstate the obligor’s license or privilege to drive. 18
(2) The Administration may request that the Motor Vehicle 19
Administration expunge a record of a suspension of a license or privilege to drive for failure 20
to pay child support: 21
(i) for an obligor who is enrolled in and compliant with an 22
employment program approved by the Administration; or 23
(ii) if the information reported by the Administration that led to the 24
suspension was inaccurate. 25
[(e)] (F) The Secretary of Human Services, in cooperation with the Secretary of 26
Transportation, THE COMPTROLLER , and the Office of Administrative Hearings, shall 27
adopt regulations to implement this section. 28
Article – Transportation 29
16–203. 30
(a) In this section, “Child Support Administration” means the Child Support 31
Administration of the Department of Human Services. 32
(b) On notification by the Child Support Administration in accordance with § 33
10–119 of the Family Law Article that an obligor is 60 days or more out of compliance with 34 HOUSE BILL 326 5
the most recent order of the court in making child support payments, the Administration: 1
(1) Shall suspend an obligor’s license or privilege to drive in the State; and 2
(2) May issue a work–restricted license or work–restricted privilege to 3
drive. 4
(e) The Administration shall reinstate an obligor’s license or privilege to drive in 5
the State if: 6
(1) The Administration receives a court order to reinstate the license or 7
privilege to drive; or 8
(2) The Child Support Administration notifies the Administration that: 9
(i) The individual whose license or privilege to drive was suspended 10
is not in arrears in making child support payments; 11
(ii) The obligor has paid the support arrearage in full; 12
(iii) The obligor has demonstrated good faith by paying the ordered 13
amount of support for 6 consecutive months; 14
(iv) The obligor is a participant in full compliance in an employment 15
program approved by the Child Support Administration; or 16
(v) One of the grounds under [§ 10–119(c)(1)(i)] § 10–119(D)(1)(I) 17
of the Family Law Article exists. 18
(f) The Secretary of Transportation, in cooperation with the Secretary of Human 19
Services, THE COMPTROLLER , and the Office of Administrative Hearings, shall adopt 20
regulations to implement this section. 21
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 22
October 1, 2023. 23