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.
*sb0164*
SENATE BILL 164
D4, R4 3lr0934
CF HB 326
By: Senator Watson
Introduced and read first time: January 19, 2023
Assigned to: Judicial Proceedings
Committee Report: Favorable with amendments
Senate action: Adopted
Read second time: March 7, 2023
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 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; requiring the Department of Human Services to 8
enhance the Maryland Total Human –services Integrated Network system to 9
automatically capture an obligor’s individual income; and generally relating to the 10
suspension of a driver’s license or privilege to drive for child support arrearages. 11
BY repealing and reenacting, with amendments, 12
Article – Family Law 13
Section 10–119 14
Annotated Code of Maryland 15
(2019 Replacement Volume and 2022 Supplement) 16
BY repealing and reenacting, without amendments, 17
Article – Transportation 18
Section 16–203(a) and (b) 19
Annotated Code of Maryland 20
(2020 Replacement Volume and 2022 Supplement) 21
BY repealing and reenacting, with amendments, 22 2 SENATE BILL 164
Article – Transportation 1
Section 16–203(e) 16–203(b), (e), and (f) 2
Annotated Code of Maryland 3
(2020 Replacement Volume and 2022 Supplement) 4
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 5
That the Laws of Maryland read as follows: 6
Article – Family Law 7
10–119. 8
(a) (1) In this section the following words have the meanings indicated. 9
(2) “License” has the meaning stated in § 11–128 of the Transportation 10
Article. 11
(3) “Motor Vehicle Administration” means the Motor Vehicle 12
Administration of the Department of Transportation. 13
(b) (1) THIS SECTION DOES NOT APPLY TO AN OBLIGOR WHOSE 14
INDIVIDUAL INCOME FOR THE CURREN T YEAR IS NOT GREATER THAN 300% 250% 15
OF THE FEDERAL POVER TY LEVEL GUIDELINES UNLESS THE OBLIGOR HAS BEEN 16
WAS JUDICIALLY DETERMINE D, AT THE TIME THE MOST RECENT CHILD SUPPORT 17
ORDER WAS ENTERED , TO BE VOLUNTARILY IM POVERISHED UNDER § 12–204 OF 18
THIS ARTICLE. 19
(2) TO DETERMINE THE INCO ME OF AN OBLIGOR UND ER THIS 20
SUBSECTION, THE ADMINISTRATION MAY CONSIDER : 21
(I) THE INCOME OF THE OB LIGOR AT THE TIME TH E CHILD 22
SUPPORT ORDER IS ENT ERED; OR 23
(II) INFORMATION ON THE O BLIGOR’S INCOME PROVIDED BY 24
THE OBLIGOR, THE COMPTROLLER , OR AN EMPLOYER OF TH E OBLIGOR EXCEPT AS 25
PROVIDED IN ITEM (II) OF THIS PARAGRAPH , SHALL CONSIDER THE I NFORMATION 26
PROVIDED BY THE MARYLAND TOTAL HUMAN–SERVICES INTEGRATED NETWORK 27
(MD THINK); AND 28
(II) AT THE ELECTION OF T HE OBLIGOR, OR IF NO INFORMATION 29
IS AVAILABLE UNDER I TEM (I) OF THIS PARAGRAPH , SHALL INSTEAD CONSID ER: 30
1. THE INCOME OF THE OB LIGOR AT THE TIME TH E MOST 31
RECENT CHILD SUPPORT ORDER WAS ENTERED ; OR 32
SENATE BILL 164 3
2. INFORMATION ON THE O BLIGOR’S INCOME PROVIDED 1
BY THE OBLIGOR , THE COMPTROLLER , OR AN EMPLOYER OF TH E OBLIGOR. 2
(C) (1) Subject to the provisions of subsection [(c)] (D) of this section, the 3
Administration may notify the Motor Vehicle Administration of an obligor with a 4
noncommercial license who is 60 days or more out of compliance, or an obligor with a 5
commercial license who is 120 days or more out of compliance, with the most recent order 6
of the court in making child support payments if: 7
(i) the Administration has accepted an assignment of support under 8
§ 5–312(b)(2) of the Human Services Article; or 9
(ii) the recipient of support payments has filed an application for 10
support enforcement services with the Administration. 11
(2) Upon notification by the Administration under this subsection, the 12
Motor Vehicle Administration: 13
(i) shall suspend the obligor’s license or privilege to drive in the 14
State; and 15
(ii) may issue a work–restricted license or work–restricted privilege 16
to drive in the State in accordance with § 16–203 of the Transportation Article. 17
[(c)] (D) (1) Before supplying any information to the Motor Vehicle 18
Administration under this section, the Administration shall: 19
(i) send written notice of the proposed action to the obligor, 20
including notice of the obligor’s right to request an investigation on any of the following 21
grounds: 22
1. the information regarding the reported arrearage is 23
inaccurate; 24
2. suspension of the obligor’s license or privilege to drive 25
would be an impediment to the obligor’s current or potential employment; or 26
3. suspension of the obligor’s license or privilege to drive 27
would place an undue hardship on the obligor because of the obligor’s: 28
A. documented disability resulting in a verified inability to 29
work; or 30
B. inability to comply with the court order; and 31
(ii) give the obligor a reasonable opportunity to request an 32
investigation of the proposed action of the Administration. 33 4 SENATE BILL 164
(2) (i) Upon receipt of a request for investigation from the obligor, the 1
Administration shall conduct an investigation to determine if any of the grounds under 2
paragraph (1)(i) of this subsection exist. 3
(ii) The Administration shall: 4
1. send a copy of the obligor’s request for an investigation to 5
the obligee by first–class mail; 6
2. give the obligee a reasonable opportunity to respond; and 7
3. consider the obligee’s response. 8
(iii) Upon completion of the investigation, the Administration shall 9
notify the obligor of the results of the investigation and the obligor’s right to appeal to the 10
Office of Administrative Hearings. 11
(3) (i) An appeal under this section shall be conducted in accordance 12
with Title 10, Subtitle 2 of the State Government Article. 13
(ii) An appeal shall be made in writing and shall be received by the 14
Office of Administrative Hearings within 20 45 days after the notice to the obligor of the 15
results of the investigation. 16
(4) If, after the investigation or appeal to the Office of Administrative 17
Hearings, the Administration finds that one of the grounds under paragraph (1)(i) of this 18
subsection exists, the Administration may not send any information about the obligor to 19
the Motor Vehicle Administration. 20
(5) The Administration may not send any information about an obligor to 21
the Motor Vehicle Administration if: 22
(i) the Administration reaches an agreement with the obligor 23
regarding a scheduled payment of the obligor’s child support arrearage or a court issues an 24
order for a scheduled payment of the child support arrearage; and 25
(ii) the obligor is complying with the agreement or court order. 26
[(d)] (E) (1) If, after information about an obligor is supplied to the Motor 27
Vehicle Administration, the obligor’s arrearage is paid in full, the obligor has demonstrated 28
good faith by paying the ordered amount of support for 6 consecutive months, the obligor is 29
a participant in full compliance in an employment program approved by the 30
Administration, or the Administration finds that one of the grounds under subsection 31
[(c)(1)(i)] (D)(1)(I) of this section exists, the Administration shall notify the Motor Vehicle 32
Administration to reinstate the obligor’s license or privilege to drive. 33
SENATE BILL 164 5
(2) The Administration may request that the Motor Vehicle 1
Administration expunge a record of a suspension of a license or privilege to drive for failure 2
to pay child support: 3
(i) for an obligor who is enrolled in and compliant with an 4
employment program approved by the Administration; or 5
(ii) if the information reported by the Administration that led to the 6
suspension was inaccurate. 7
[(e)] (F) The Secretary of Human Services, in cooperation with the Secretary of 8
Transportation, THE COMPTROLLER , and the Office of Administrative Hearings, shall 9
adopt regulations to implement this section. 10
Article – Transportation 11
16–203. 12
(a) In this section, “Child Support Administration” means the Child Support 13
Administration of the Department of Human Services. 14
(b) On notification by the Child Support Administration in accordance with § 15
10–119 of the Family Law Article that an obligor is 60 120 days or more out of compliance 16
with the most recent order of the court in making child support payments, the 17
Administration: 18
(1) Shall suspend an obligor’s license or privilege to drive in the State; and 19
(2) May issue a work–restricted license or work–restricted privilege to 20
drive. 21
(e) The Administration shall reinstate an obligor’s license or privilege to drive in 22
the State if: 23
(1) The Administration receives a court order to reinstate the license or 24
privilege to drive; or 25
(2) The Child Support Administration notifies the Administration that: 26
(i) The individual whose license or privilege to drive was suspended 27
is not in arrears in making child support payments; 28
(ii) The obligor has paid the support arrearage in full; 29
(iii) The obligor has demonstrated good faith by paying the ordered 30
amount of support for 6 consecutive months; 31
6 SENATE BILL 164
(iv) The obligor is a participant in full compliance in an employment 1
program approved by the Child Support Administration; or 2
(v) One of the grounds under [§ 10–119(c)(1)(i)] § 10–119(D)(1)(I) 3
of the Family Law Article exists. 4
(f) The Secretary of Transportation, in cooperation with the Secretary of Human 5
Services, THE COMPTROLLER , and the Office of Administrative Hearings, shall adopt 6
regulations to implement this section. 7
SECTION 2. AND BE IT FURTHER ENACTED, That, on or before October 1, 2024, 8
the Department of Human Services shall enhance the Maryland Total Human–services 9
Integrated Network (MD THINK) to capture an obligor’s individual current–year income 10
for the purposes of § 10–119 of the Family Law Article, as enacted by Section 1 of this Act. 11
SECTION 2. 3. AND BE IT FURTHER ENACTED, That this Act shall take effect 12
October 1, 2023. 13
Approved:
________________________________________________________________________________
Governor.
________________________________________________________________________________
President of the Senate.
________________________________________________________________________________
Speaker of the House of Delegates.