MD
Maryland Senate Bill SB164

Maryland 2023 Regular Session

Maryland Senate Bill SB164 Compare Versions

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33 EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
44 [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.
85 *sb0164*
96
107 SENATE BILL 164
118 D4, R4 3lr0934
12- CF HB 326
9+ CF 3lr2022
1310 By: Senator Watson
1411 Introduced and read first time: January 19, 2023
1512 Assigned to: Judicial Proceedings
16-Committee Report: Favorable with amendments
17-Senate action: Adopted
18-Read second time: March 7, 2023
1913
20-CHAPTER ______
14+A BILL ENTITLED
2115
2216 AN ACT concerning 1
2317
2418 Driver’s Licenses – Suspension for Child Support Arrearages – Exception 2
2519
2620 FOR the purpose of establishing a certain exception to the authority of the Child Support 3
2721 Administration to notify the Motor Vehicle Administration of an individual’s child 4
2822 support arrearages for the purpose of suspending the individual’s driver’s license or 5
2923 privilege to drive if the obligor’s income is at or below a certain level; authorizing the 6
3024 Child Support Administration to consider certain information in determining the 7
31-income of an obligor under this Act; requiring the Department of Human Services to 8
32-enhance the Maryland Total Human –services Integrated Network system to 9
33-automatically capture an obligor’s individual income; and generally relating to the 10
34-suspension of a driver’s license or privilege to drive for child support arrearages. 11
25+income of an obligor under this Act; and generally relating to the suspension of a 8
26+driver’s license or privilege to drive for child support arrearages. 9
3527
36-BY repealing and reenacting, with amendments, 12
37- Article – Family Law 13
38-Section 10–119 14
39- Annotated Code of Maryland 15
40- (2019 Replacement Volume and 2022 Supplement) 16
28+BY repealing and reenacting, with amendments, 10
29+ Article – Family Law 11
30+Section 10–119 12
31+ Annotated Code of Maryland 13
32+ (2019 Replacement Volume and 2022 Supplement) 14
4133
42-BY repealing and reenacting, without amendments, 17
43- Article – Transportation 18
44-Section 16–203(a) and (b) 19
45- Annotated Code of Maryland 20
46- (2020 Replacement Volume and 2022 Supplement) 21
34+BY repealing and reenacting, without amendments, 15
35+ Article – Transportation 16
36+Section 16–203(a) and (b) 17
37+ Annotated Code of Maryland 18
38+ (2020 Replacement Volume and 2022 Supplement) 19
4739
48-BY repealing and reenacting, with amendments, 22 2 SENATE BILL 164
40+BY repealing and reenacting, with amendments, 20
41+ Article – Transportation 21
42+ Section 16–203(e) and (f) 22
43+ Annotated Code of Maryland 23
44+ (2020 Replacement Volume and 2022 Supplement) 24
45+
46+ SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 25
47+That the Laws of Maryland read as follows: 26
48+ 2 SENATE BILL 164
4949
5050
51- Article – Transportation 1
52- Section 16–203(e) 16–203(b), (e), and (f) 2
53- Annotated Code of Maryland 3
54- (2020 Replacement Volume and 2022 Supplement) 4
51+Article – Family Law 1
5552
56- SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 5
57-That the Laws of Maryland read as follows: 6
53+10–119. 2
5854
59-Article – Family Law 7
55+ (a) (1) In this section the following words have the meanings indicated. 3
6056
61-10–119. 8
57+ (2) “License” has the meaning stated in § 11–128 of the Transportation 4
58+Article. 5
6259
63- (a) (1) In this section the following words have the meanings indicated. 9
60+ (3) “Motor Vehicle Administration” means the Motor Vehicle 6
61+Administration of the Department of Transportation. 7
6462
65- (2) “License” has the meaning stated in § 11–128 of the Transportation 10
66-Article. 11
63+ (b) (1) THIS SECTION DOES NOT APPLY TO AN OBLIGOR WHOSE INCOME 8
64+IS NOT GREATER THAN 300% OF THE FEDERAL POVER TY LEVEL UNLESS THE 9
65+OBLIGOR HAS BEEN JUD ICIALLY DETERMINED T O BE VOLUNTARILY IMPOVERISHED 10
66+UNDER § 12–204 OF THIS ARTICLE. 11
6767
68- (3) “Motor Vehicle Administration” means the Motor Vehicle 12
69-Administration of the Department of Transportation. 13
68+ (2) TO DETERMINE THE INCO ME OF AN OBLIGOR UNDER THIS 12
69+SUBSECTION, THE ADMINISTRATION MAY CO NSIDER: 13
7070
71- (b) (1) THIS SECTION DOES NOT APPLY TO AN OBLIGOR WHOSE 14
72-INDIVIDUAL INCOME FOR THE CURREN T YEAR IS NOT GREATER THAN 300% 250% 15
73-OF THE FEDERAL POVER TY LEVEL GUIDELINES UNLESS THE OBLIGOR HAS BEEN 16
74-WAS JUDICIALLY DETERMINE D, AT THE TIME THE MOST RECENT CHILD SUPPORT 17
75-ORDER WAS ENTERED , TO BE VOLUNTARILY IM POVERISHED UNDER § 12–204 OF 18
76-THIS ARTICLE. 19
71+ (I) THE INCOME OF THE OB LIGOR AT THE TIME TH E CHILD 14
72+SUPPORT ORDER IS ENT ERED; OR 15
7773
78- (2) TO DETERMINE THE INCO ME OF AN OBLIGOR UND ER THIS 20
79-SUBSECTION, THE ADMINISTRATION MAY CONSIDER : 21
74+ (II) INFORMATION ON THE O BLIGOR’S INCOME PROVIDED BY 16
75+THE OBLIGOR, THE COMPTROLLER , OR AN EMPLOYER OF THE O BLIGOR. 17
8076
81- (I) THE INCOME OF THE OB LIGOR AT THE TIME TH E CHILD 22
82-SUPPORT ORDER IS ENT ERED; OR 23
77+ (C) (1) Subject to the provisions of subsection [(c)] (D) of this section, the 18
78+Administration may notify the Motor Vehicle Administration of an o bligor with a 19
79+noncommercial license who is 60 days or more out of compliance, or an obligor with a 20
80+commercial license who is 120 days or more out of compliance, with the most recent order 21
81+of the court in making child support payments if: 22
8382
84- (II) INFORMATION ON THE O BLIGOR’S INCOME PROVIDED BY 24
85-THE OBLIGOR, THE COMPTROLLER , OR AN EMPLOYER OF TH E OBLIGOR EXCEPT AS 25
86-PROVIDED IN ITEM (II) OF THIS PARAGRAPH , SHALL CONSIDER THE I NFORMATION 26
87-PROVIDED BY THE MARYLAND TOTAL HUMAN–SERVICES INTEGRATED NETWORK 27
88-(MD THINK); AND 28
83+ (i) the Administration has accepted an assignment of support under 23
84+§ 5–312(b)(2) of the Human Services Article; or 24
8985
90- (II) AT THE ELECTION OF T HE OBLIGOR, OR IF NO INFORMATION 29
91-IS AVAILABLE UNDER I TEM (I) OF THIS PARAGRAPH , SHALL INSTEAD CONSID ER: 30
86+ (ii) the recipient of support payments has filed an application for 25
87+support enforcement services with the Administration. 26
9288
93- 1. THE INCOME OF THE OB LIGOR AT THE TIME TH E MOST 31
94-RECENT CHILD SUPPORT ORDER WAS ENTERED ; OR 32
95- SENATE BILL 164 3
89+ (2) Upon notification by the Administration under this subsection, the 27
90+Motor Vehicle Administration: 28
9691
92+ (i) shall suspend the obligor’s license or privilege to drive in the 29
93+State; and 30
9794
98- 2. INFORMATION ON THE O BLIGOR’S INCOME PROVIDED 1
99-BY THE OBLIGOR , THE COMPTROLLER , OR AN EMPLOYER OF TH E OBLIGOR. 2
100-
101- (C) (1) Subject to the provisions of subsection [(c)] (D) of this section, the 3
102-Administration may notify the Motor Vehicle Administration of an obligor with a 4
103-noncommercial license who is 60 days or more out of compliance, or an obligor with a 5
104-commercial license who is 120 days or more out of compliance, with the most recent order 6
105-of the court in making child support payments if: 7
106-
107- (i) the Administration has accepted an assignment of support under 8
108-§ 5–312(b)(2) of the Human Services Article; or 9
109-
110- (ii) the recipient of support payments has filed an application for 10
111-support enforcement services with the Administration. 11
112-
113- (2) Upon notification by the Administration under this subsection, the 12
114-Motor Vehicle Administration: 13
115-
116- (i) shall suspend the obligor’s license or privilege to drive in the 14
117-State; and 15
118-
119- (ii) may issue a work–restricted license or work–restricted privilege 16
120-to drive in the State in accordance with § 16–203 of the Transportation Article. 17
121-
122- [(c)] (D) (1) Before supplying any information to the Motor Vehicle 18
123-Administration under this section, the Administration shall: 19
124-
125- (i) send written notice of the proposed action to the obligor, 20
126-including notice of the obligor’s right to request an investigation on any of the following 21
127-grounds: 22
128-
129- 1. the information regarding the reported arrearage is 23
130-inaccurate; 24
131-
132- 2. suspension of the obligor’s license or privilege to drive 25
133-would be an impediment to the obligor’s current or potential employment; or 26
134-
135- 3. suspension of the obligor’s license or privilege to drive 27
136-would place an undue hardship on the obligor because of the obligor’s: 28
137-
138- A. documented disability resulting in a verified inability to 29
139-work; or 30
140-
141- B. inability to comply with the court order; and 31
142-
143- (ii) give the obligor a reasonable opportunity to request an 32
144-investigation of the proposed action of the Administration. 33 4 SENATE BILL 164
95+ (ii) may issue a work–restricted license or work–restricted privilege 31
96+to drive in the State in accordance with § 16–203 of the Transportation Article. 32 SENATE BILL 164 3
14597
14698
14799
148- (2) (i) Upon receipt of a request for investigation from the obligor, the 1
149-Administration shall conduct an investigation to determine if any of the grounds under 2
150-paragraph (1)(i) of this subsection exist. 3
100+ [(c)] (D) (1) Before supplying any information to the Motor Vehicle 1
101+Administration under this section, the Administration shall: 2
151102
152- (ii) The Administration shall: 4
103+ (i) send written notice of the proposed action to the obligor, 3
104+including notice of the obligor’s right to request an investigation on any of the following 4
105+grounds: 5
153106
154- 1. send a copy of the obligor’s request for an investigation to 5
155-the obligee by first–class mail; 6
107+ 1. the information regarding the reported arrearage is 6
108+inaccurate; 7
156109
157- 2. give the obligee a reasonable opportunity to respond; and 7
110+ 2. suspension of the obligor’s license or privilege to drive 8
111+would be an impediment to the obligor’s current or potential employment; or 9
158112
159- 3. consider the obligee’s response. 8
113+ 3. suspension of the obligor’s license or privilege to drive 10
114+would place an undue hardship on the obligor because of the obligor’s: 11
160115
161- (iii) Upon completion of the investigation, the Administration shall 9
162-notify the obligor of the results of the investigation and the obligor’s right to appeal to the 10
163-Office of Administrative Hearings. 11
116+ A. documented disability resulting in a verified inability to 12
117+work; or 13
164118
165- (3) (i) An appeal under this section shall be conducted in accordance 12
166-with Title 10, Subtitle 2 of the State Government Article. 13
119+ B. inability to comply with the court order; and 14
167120
168- (ii) An appeal shall be made in writing and shall be received by the 14
169-Office of Administrative Hearings within 20 45 days after the notice to the obligor of the 15
170-results of the investigation. 16
121+ (ii) give the obligor a reasonable opportunity to request an 15
122+investigation of the proposed action of the Administration. 16
171123
172- (4) If, after the investigation or appeal to the Office of Administrative 17
173-Hearings, the Administration finds that one of the grounds under paragraph (1)(i) of this 18
174-subsection exists, the Administration may not send any information about the obligor to 19
175-the Motor Vehicle Administration. 20
124+ (2) (i) Upon receipt of a request for investigation from the obligor, the 17
125+Administration shall conduct an investigation to determine if any of the grounds under 18
126+paragraph (1)(i) of this subsection exist. 19
176127
177- (5) The Administration may not send any information about an obligor to 21
178-the Motor Vehicle Administration if: 22
128+ (ii) The Administration shall: 20
179129
180- (i) the Administration reaches an agreement with the obligor 23
181-regarding a scheduled payment of the obligor’s child support arrearage or a court issues an 24
182-order for a scheduled payment of the child support arrearage; and 25
130+ 1. send a copy of the obligor’s request for an investigation to 21
131+the obligee by first–class mail; 22
183132
184- (ii) the obligor is complying with the agreement or court order. 26
133+ 2. give the obligee a reasonable opportunity to respond; and 23
185134
186- [(d)] (E) (1) If, after information about an obligor is supplied to the Motor 27
187-Vehicle Administration, the obligor’s arrearage is paid in full, the obligor has demonstrated 28
188-good faith by paying the ordered amount of support for 6 consecutive months, the obligor is 29
189-a participant in full compliance in an employment program approved by the 30
190-Administration, or the Administration finds that one of the grounds under subsection 31
191-[(c)(1)(i)] (D)(1)(I) of this section exists, the Administration shall notify the Motor Vehicle 32
192-Administration to reinstate the obligor’s license or privilege to drive. 33
193- SENATE BILL 164 5
135+ 3. consider the obligee’s response. 24
136+
137+ (iii) Upon completion of the investigation, the Administration shall 25
138+notify the obligor of the results of the investigation and the obligor’s right to appeal to the 26
139+Office of Administrative Hearings. 27
140+
141+ (3) (i) An appeal under this section shall be conducted in accordance 28
142+with Title 10, Subtitle 2 of the State Government Article. 29
143+
144+ (ii) An appeal shall be made in writing and shall be received by the 30
145+Office of Administrative Hearings within 20 days after the notice to the obligor of the 31 4 SENATE BILL 164
194146
195147
196- (2) The Administration may request that the Motor Vehicle 1
197-Administration expunge a record of a suspension of a license or privilege to drive for failure 2
198-to pay child support: 3
148+results of the investigation. 1
199149
200- (i) for an obligor who is enrolled in and compliant with an 4
201-employment program approved by the Administration; or 5
150+ (4) If, after the investigation or appeal to the Office of Administrative 2
151+Hearings, the Administration finds that one of the grounds under paragraph (1)(i) of this 3
152+subsection exists, the Administration may not send any information about the obligor to 4
153+the Motor Vehicle Administration. 5
202154
203- (ii) if the information reported by the Administration that led to the 6
204-suspension was inaccurate. 7
155+ (5) The Administration may not send any information about an obligor to 6
156+the Motor Vehicle Administration if: 7
205157
206- [(e)] (F) The Secretary of Human Services, in cooperation with the Secretary of 8
207-Transportation, THE COMPTROLLER , and the Office of Administrative Hearings, shall 9
208-adopt regulations to implement this section. 10
158+ (i) the Administration reaches an agreement with the obligor 8
159+regarding a scheduled payment of the obligor’s child support arrearage or a court issues an 9
160+order for a scheduled payment of the child support arrearage; and 10
209161
210-Article – Transportation 11
162+ (ii) the obligor is complying with the agreement or court order. 11
211163
212-16–203. 12
164+ [(d)] (E) (1) If, after information about an obligor is supplied to the Motor 12
165+Vehicle Administration, the obligor’s arrearage is paid in full, the obligor has demonstrated 13
166+good faith by paying the ordered amount of support for 6 consecutive months, the obligor is 14
167+a participant in full compliance in an employment program approved by the 15
168+Administration, or the Administration finds that one of the grounds under subsection 16
169+[(c)(1)(i)] (D)(1)(I) of this section exists, the Administration shall notify the Motor Vehicle 17
170+Administration to reinstate the obligor’s license or privilege to drive. 18
213171
214- (a) In this section, “Child Support Administration” means the Child Support 13
215-Administration of the Department of Human Services. 14
172+ (2) The Administration may request that the Motor Vehicle 19
173+Administration expunge a record of a suspension of a license or privilege to drive for failure 20
174+to pay child support: 21
216175
217- (b) On notification by the Child Support Administration in accordance with § 15
218-10–119 of the Family Law Article that an obligor is 60 120 days or more out of compliance 16
219-with the most recent order of the court in making child support payments, the 17
220-Administration: 18
176+ (i) for an obligor who is enrolled in and compliant with an 22
177+employment program approved by the Administration; or 23
221178
222- (1) Shall suspend an obligor’s license or privilege to drive in the State; and 19
179+ (ii) if the information reported by the Administration that led to the 24
180+suspension was inaccurate. 25
223181
224- (2) May issue a work–restricted license or work–restricted privilege to 20
225-drive. 21
182+ [(e)] (F) The Secretary of Human Services, in cooperation with the Secretary of 26
183+Transportation, THE COMPTROLLER , and the Office of Administrative Hearings, shall 27
184+adopt regulations to implement this section. 28
226185
227- (e) The Administration shall reinstate an obligor’s license or privilege to drive in 22
228-the State if: 23
186+Article – Transportation 29
229187
230- (1) The Administration receives a court order to reinstate the license or 24
231-privilege to drive; or 25
188+16–203. 30
232189
233- (2) The Child Support Administration notifies the Administration that: 26
190+ (a) In this section, “Child Support Administration” means the Child Support 31
191+Administration of the Department of Human Services. 32
234192
235- (i) The individual whose license or privilege to drive was suspended 27
236-is not in arrears in making child support payments; 28
237-
238- (ii) The obligor has paid the support arrearage in full; 29
239-
240- (iii) The obligor has demonstrated good faith by paying the ordered 30
241-amount of support for 6 consecutive months; 31
242- 6 SENATE BILL 164
193+ (b) On notification by the Child Support Administration in accordance with § 33
194+10–119 of the Family Law Article that an obligor is 60 days or more out of compliance with 34 SENATE BILL 164 5
243195
244196
245- (iv) The obligor is a participant in full compliance in an employment 1
246-program approved by the Child Support Administration; or 2
197+the most recent order of the court in making child support payments, the Administration: 1
247198
248- (v) One of the grounds under [§ 10–119(c)(1)(i)] § 10–119(D)(1)(I) 3
249-of the Family Law Article exists. 4
199+ (1) Shall suspend an obligor’s license or privilege to drive in the State; and 2
250200
251- (f) The Secretary of Transportation, in cooperation with the Secretary of Human 5
252-Services, THE COMPTROLLER , and the Office of Administrative Hearings, shall adopt 6
253-regulations to implement this section. 7
201+ (2) May issue a work–restricted license or work–restricted privilege to 3
202+drive. 4
254203
255- SECTION 2. AND BE IT FURTHER ENACTED, That, on or before October 1, 2024, 8
256-the Department of Human Services shall enhance the Maryland Total Human–services 9
257-Integrated Network (MD THINK) to capture an obligor’s individual current–year income 10
258-for the purposes of § 10–119 of the Family Law Article, as enacted by Section 1 of this Act. 11
204+ (e) The Administration shall reinstate an obligor’s license or privilege to drive in 5
205+the State if: 6
259206
260- SECTION 2. 3. AND BE IT FURTHER ENACTED, That this Act shall take effect 12
261-October 1, 2023. 13
207+ (1) The Administration receives a court order to reinstate the license or 7
208+privilege to drive; or 8
262209
210+ (2) The Child Support Administration notifies the Administration that: 9
263211
212+ (i) The individual whose license or privilege to drive was suspended 10
213+is not in arrears in making child support payments; 11
264214
215+ (ii) The obligor has paid the support arrearage in full; 12
265216
266-Approved:
267-________________________________________________________________________________
268- Governor.
269-________________________________________________________________________________
270- President of the Senate.
271-________________________________________________________________________________
272- Speaker of the House of Delegates.
217+ (iii) The obligor has demonstrated good faith by paying the ordered 13
218+amount of support for 6 consecutive months; 14
219+
220+ (iv) The obligor is a participant in full compliance in an employment 15
221+program approved by the Child Support Administration; or 16
222+
223+ (v) One of the grounds under [§ 10–119(c)(1)(i)] § 10–119(D)(1)(I) 17
224+of the Family Law Article exists. 18
225+
226+ (f) The Secretary of Transportation, in cooperation with the Secretary of Human 19
227+Services, THE COMPTROLLER , and the Office of Administrative Hearings, shall adopt 20
228+regulations to implement this section. 21
229+
230+ SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 22
231+October 1, 2023. 23
232+