Maryland 2024 Regular Session

Maryland House Bill HB311 Compare Versions

Only one version of the bill is available at this time.

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	5	hb0311
6	6
7	7	HOUSE BILL 311
8	8	D4 4lr1326
9	9	CF SB 174
10	10	By: Delegates Simpson and Taylor
11	11	Introduced and read first time: January 15, 2024
12	12	Assigned to: Judiciary
13	13
14	14	A BILL ENTITLED
15	15
16	16	AN ACT concerning 1
17	17
18	18	Child Support – Suspension of Driver’s Licenses 2
19	19
20	20	FOR the purpose of altering provisions of law relating to the authority of the Child Support 3
21	21	Enforcement Administration to notify the Motor Vehicle Administration of an 4
22	22	individual’s child support arrearages for the purpose of suspending the individual’s 5
23	23	driver’s license or privilege to drive under certain circumstances; and generally 6
24	24	relating to the suspension of an individual’s driver’s license or privilege to drive for 7
25	25	child support arrearages. 8
26	26
27	27	BY repealing and reenacting, with amendments, 9
28	28	Article – Family Law 10
29	29	Section 10–119 11
30	30	Annotated Code of Maryland 12
31	31	(2019 Replacement Volume and 2023 Supplement) 13
32	32
33	33	BY repealing and reenacting, without amendments, 14
34	34	Article – Family Law 15
35	35	Section 12–201(q) 16
36	36	Annotated Code of Maryland 17
37	37	(2019 Replacement Volume and 2023 Supplement) 18
38	38
39	39	BY repealing and reenacting, with amendments, 19
40	40	Article – Transportation 20
41	41	Section 16–203 21
42	42	Annotated Code of Maryland 22
43	43	(2020 Replacement Volume and 2023 Supplement) 23
44	44
45	45	SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 24
46	46	That the Laws of Maryland read as follows: 25
47	47
48	48	Article – Family Law 26 2 HOUSE BILL 311
49	49
50	50
51	51
52	52	10–119. 1
53	53
54	54	(a) (1) In this section the following words have the meanings indicated. 2
55	55
56	56	(2) “License” has the meaning stated in § 11–128 of the Transportation 3
57	57	Article. 4
58	58
59	59	(3) “Motor Vehicle Administration” means the Motor Vehicle 5
60	60	Administration of the Department of Transportation. 6
61	61
62	62	(b) (1) Subject to the provisions of subsection (c) of this section, the 7
63	63	Administration may notify the Motor Vehicle Administration of an obligor [with a 8
64	64	noncommercial license who is 60 days or more out of compliance, or an obligor with a 9
65	65	commercial license] who is 120 days or more out of compliance[,] with the most recent order 10
66	66	of the court in making child support payments if: 11
67	67
68	68	(i) the Administration has accepted an assignment of support under 12
69	69	§ 5–312(b)(2) of the Human Services Article; or 13
70	70
71	71	(ii) the recipient of support payments has filed an application for 14
72	72	support enforcement services with the Administration. 15
73	73
74	74	(2) Upon notification by the Administration under this subsection, the 16
75	75	Motor Vehicle Administration: 17
76	76
77	77	(i) shall suspend the obligor’s license or privilege to drive in the 18
78	78	State; and 19
79	79
80	80	(ii) may issue a work–restricted license or work–restricted privilege 20
81	81	to drive in the State in accordance with § 16–203 of the Transportation Article. 21
82	82
83	83	(c) (1) (I) 1. Before supplying any information to the Motor Vehicle 22
84	84	Administration under this section, the Administration shall[: 23
85	85
86	86	(i) send written notice of the proposed action to the obligor, 24
87	87	including notice of the obligor’s right to request an investigation on any of the following 25
88	88	grounds: 26
89	89
90	90	1. the information regarding the reported arrearage is 27
91	91	inaccurate; 28
92	92
93	93	2. suspension of the obligor’s license or privilege to drive 29
94	94	would be an impediment to the obligor’s current or potential employment; or 30
95	95
96	96	3. suspension of the obligor’s license or privilege to drive 31
97	97	would place an undue hardship on the obligor because of the obligor’s: 32 HOUSE BILL 311 3
98	98
99	99
100	100
101	101	A. documented disability resulting in a verified inability to 1
102	102	work; or 2
103	103
104	104	B. inability to comply with the court order; and 3
105	105
106	106	(ii) give the obligor a reasonable opportunity to request an 4
107	107	investigation of the proposed action of the Administration. 5
108	108
109	109	(2) (i) Upon receipt of a request for investigation from the obligor, the 6
110	110	Administration shall conduct an investigation to determine if any of the grounds under 7
111	111	paragraph (1)(i) of this subsection exist. 8
112	112
113	113	(ii) The Administration shall: 9
114	114
115	115	1. send a copy of the obligor’s request for an investigation to 10
116	116	the obligee by first–class mail; 11
117	117
118	118	2. give the obligee a reasonable opportunity to respond; and 12
119	119
120	120	3. consider the obligee’s response. 13
121	121
122	122	(iii) Upon completion of the investigation, the Administration shall 14
123	123	notify the obligor of the results of the investigation and the obligor’s right to appeal to the 15
124	124	Office of Administrative Hearings. 16
125	125
126	126	(3) (i) An appeal under this section shall be conducted in accordance 17
127	127	with Title 10, Subtitle 2 of the State Government Article. 18
128	128
129	129	(ii) An appeal shall be made in writing and shall be received by the 19
130	130	Office of Administrative Hearings within 20 days after the notice to the obligor of the 20
131	131	results of the investigation. 21
132	132
133	133	(4) If, after the investigation or appeal to the Office of Administrative 22
134	134	Hearings, the Administration finds that one of the grounds under paragraph (1)(i) of this 23
135	135	subsection exists, the Administration may not send any information about the obligor to 24
136	136	the Motor Vehicle Administration. 25
137	137
138	138	(5) The Administration may not send any information about an obligor to 26
139	139	the Motor Vehicle Administration if: 27
140	140
141	141	(i) the Administration reaches an agreement with the obligor 28
142	142	regarding a scheduled payment of the obligor’s child support arrearage or a court issues an 29
143	143	order for a scheduled payment of the child support arrearage; and 30
144	144
145	145	(ii) the obligor is complying with the agreement or court order] 31
146	146	PETITION THE COURT T O MAKE A FINDING THA T SUSPENSION OF THE OBLIGOR ’S 32 4 HOUSE BILL 311
147	147
148	148
149	149	LICENSE OR PRIVILEGE TO DRIVE IS APPROPRIATE UNDER THE PROVI SIONS OF THIS 1
150	150	SUBSECTION . 2
151	151
152	152	2. NOTICE OF THE PETITIO N SHALL BE SERVED ON THE 3
153	153	OBLIGOR. 4
154	154
155	155	(II) IF, AFTER A HEARING , THE COURT DETERMINES THAT 5
156	156	SUSPENSION OF THE OB LIGOR’S LICENSE OR PRIVILEGE TO DRIV E IS APPROPRIATE , 6
157	157	THE ADMINISTRATION MAY NO TIFY THE MOTOR VEHICLE ADMINISTRATION . 7
158	158
159	159	(2) THE COURT MAY MAKE A FINDING THAT SUSPENSION OF THE 8
160	160	OBLIGOR’S LICENSE OR PRIVILE GE TO DRIVE IS APPRO PRIATE IF THE 9
161	161	ADMINISTRATION PROVES BY CLEAR AND CONVINC ING EVIDENCE THAT : 10
162	162
163	163	(I) THE OBLIGOR HAS THE FUNDS TO PAY THE ARREARAGE 11
164	164	BALANCE, BUT IS MAKING THE FR EE AND CONSCIOUS CHO ICE TO WITHHOLD 12
165	165	PAYMENT OR IS VOLUNTARILY IM POVERISHED , AS DEFINED IN § 12–201(Q) OF THIS 13
166	166	ARTICLE; 14
167	167
168	168	(II) THE OBLIGOR ’S FUNDS ARE NOT SUBJ ECT TO OTHER 15
169	169	COLLECTION AND ENFOR CEMENT MECHANISMS ; AND 16
170	170
171	171	(III) SUSPENSION OF THE OB LIGOR’S LICENSE OR PRIVILE GE TO 17
172	172	DRIVE IN ORDER TO COLLECT THE ARREARAGE IS IN THE BEST INTEREST OF THE 18
173	173	CHILD. 19
174	174
175	175	(3) THE COURT MAY NOT MAK E A FINDING THAT SUSPENSION OF THE 20
176	176	OBLIGOR’S LICENSE OR PRIVILE GE TO DRIVE IS APPROPRIATE IF : 21
177	177
178	178	(I) THE OBLIGOR PROVES B Y A PREPONDERANCE OF THE 22
179	179	EVIDENCE THAT SUSPENSION OF THE OBLIGOR’S LICENSE OR PRIVILE GE TO DRIVE 23
180	180	WOULD PLACE AN UNDUE HARDSHIP ON THE OBLIGOR OR THE F AMILY BECAUSE OF 24
181	181	ANY OF THE FOLLOWING FACTORS: 25
182	182
183	183	1. THE MINOR CHILD IS RESIDING PRIMARILY WITH THE 26
184	184	OBLIGOR; 27
185	185
186	186	2. THE OBLIGOR HAS A DO CUMENTED DISABILITY 28
187	187	RESULTING IN A VERIF IED INABILITY TO WOR K; 29
188	188
189	189	3. SUSPENSION OF THE OB LIGOR’S LICENSE OR 30
190	190	PRIVILEGE TO DRIVE WOULD BE AN IMPEDIME NT TO CURRENT OR POT ENTIAL 31
191	191	EMPLOYMENT ; 32
192	192	HOUSE BILL 311 5
193	193
194	194
195	195	4. THE OBLIGOR D OES NOT HAVE THE ABILITY TO PAY 1
196	196	AND IS MAKING REASON ABLE EFFORTS TO BECO ME OR REMAIN EMPLOYE D; 2
197	197
198	198	5. THE OBLIGOR IS UNABL E TO COMPLY WITH THE 3
199	199	TERMS OF A COURT ORD ER; 4
200	200
201	201	6. SUSPENSION OF THE OB LIGOR’S LICENSE OR 5
202	202	PRIVILEGE TO DRIVE W OULD BE AN IMPEDIMEN T TO THE OBLIGOR ’S ABILITY TO 6
203	203	VISIT THE MINOR CHIL D OR ASSIST THE CUST ODIAL PARENT WITH TH E 7
204	204	TRANSPORTATION NEEDS OF THE MINOR CHILD ; OR 8
205	205
206	206	7. ANY OTHER CIRCUMSTAN CE THAT THE C OURT 9
207	207	DETERMINES WOULD PLACE AN UNDUE HARDSHIP ON THE OBLIGOR OR TH E FAMILY; 10
208	208
209	209	(II) THE INFORMATION REGA RDING THE REPORTED 11
210	210	ARREARAGE IS INACCUR ATE; OR 12
211	211
212	212	(III) 1. THE ADMINISTRATION REACHE S AN AGREEMENT 13
213	213	WITH THE OBLIGOR, INCLUDING THROUGH A PAYMENT INCENTIVE PROGRAM FO R A 14
214	214	SCHEDULED PAYMENT OF THE ARREARAGES , OR THE COURT ISSUES AN ORDER FOR 15
215	215	A SCHEDULED PAYMENT OF THE ARREARAGES ; AND 16
216	216
217	217	2. THE COURT DETERMINES THAT THE OBLIGOR IS 17
218	218	COMPLYING WITH THE A GREEMENT OR THE ORDE R. 18
219	219
220	220	(d) (1) (I) [If, after] AFTER information about an obligor is supplied to the 19
221	221	Motor Vehicle Administration, IF THE ADMINISTRATION OR THE COURT FINDS THAT 20
222	222	the obligor’s arrearage is paid in full, the obligor has demonstrated good faith by paying 21
223	223	the ordered amount of support for 6 consecutive months, the obligor is a participant in full 22
224	224	compliance in an employment program approved by the Administration, or t he 23
225	225	Administration finds that one of the grounds under subsection [(c)(1)(i)] (C)(3) of this 24
226	226	section exists, the Administration shall notify the Motor Vehicle Administration to 25
227	227	reinstate the obligor’s license or privilege to drive. 26
228	228
229	229	(II) THE OBLIGOR MAY MAKE A REQUEST FOR REINSTATEMENT 27
230	230	OF THE OBLIGOR ’S LICENSE OR PRIVILE GE TO DRIVE WITH THE ADMINISTRATION 28
231	231	OR WITH THE COURT . 29
232	232
233	233	(2) [The] ON REQUEST OF THE OBL IGOR, THE Administration [may] 30
234	234	SHALL request that the Motor Vehicle Administration expunge a record of a suspension of 31
235	235	a license or privilege to drive for failure to pay child support: 32
236	236
237	237	(i) for an obligor who is enrolled in and compliant with an 33
238	238	employment program approved by the Administration; or 34 6 HOUSE BILL 311
239	239
240	240
241	241
242	242	(ii) if the information reported by the Administration that led to the 1
243	243	suspension was inaccurate. 2
244	244
245	245	(e) The Secretary of Human Services, in cooperation with the Secretary of 3
246	246	Transportation [and the Office of Administrative Hearings], shall adopt regulations to 4
247	247	implement this section. 5
248	248
249	249	12–201. 6
250	250
251	251	(q) “Voluntarily impoverished” means that a parent has made the free and 7
252	252	conscious choice, not compelled by factors beyond the parent’s control, to render the parent 8
253	253	without adequate resources. 9
254	254
255	255	Article – Transportation 10
256	256
257	257	16–203. 11
258	258
259	259	(a) In this section, “Child Support Administration” means the Child Support 12
260	260	Administration of the Department of Human Services. 13
261	261
262	262	(b) On notification by the Child Support Administration in accordance with § 14
263	263	10–119 of the Family Law Article that an obligor is [60] 120 days or more out of compliance 15
264	264	with the most recent order of the court in making child support payments, the 16
265	265	Administration: 17
266	266
267	267	(1) Shall suspend an obligor’s license or privilege to drive in the State; and 18
268	268
269	269	(2) May issue a work–restricted license or work–restricted privilege to 19
270	270	drive. 20
271	271
272	272	(c) (1) Prior to the suspension of a license or the privilege to drive in the State 21
273	273	and the issuance of a work–restricted license or work–restricted privilege to drive under 22
274	274	subsection (b) of this section, the Administration shall send written notice of the proposed 23
275	275	action to the obligor, including notice of the obligor’s right to contest the accuracy of the 24
276	276	information. 25
277	277
278	278	(2) Any contest under this subsection shall be limited to whether the 26
279	279	Administration has mistaken the identity of the obligor or the individual whose license or 27
280	280	privilege to drive has been suspended. 28
281	281
282	282	(d) (1) An obligor may appeal a decision of the Administration to suspend the 29
283	283	obligor’s license or privilege to drive. 30
284	284
285	285	(2) At a hearing under this subsection, the issue shall be limited to whether 31
286	286	the Administration has mistaken the identity of the obligor or the individual whose license 32
287	287	or privilege to drive has been suspended. 33 HOUSE BILL 311 7
288	288
289	289
290	290
291	291	(e) The Administration shall reinstate an obligor’s license or privilege to drive in 1
292	292	the State if: 2
293	293
294	294	(1) The Administration receives a court order to reinstate the license or 3
295	295	privilege to drive; or 4
296	296
297	297	(2) The Child Support Administration notifies the Administration that: 5
298	298
299	299	(i) The individual whose license or privilege to drive was suspended 6
300	300	is not in arrears in making child support payments; 7
301	301
302	302	(ii) The obligor has paid the support arrearage in full; 8
303	303
304	304	(iii) The obligor has demonstrated good faith by paying the ordered 9
305	305	amount of support for 6 consecutive months; 10
306	306
307	307	(iv) The obligor is a participant in full compliance in an employment 11
308	308	program approved by the Child Support Administration; or 12
309	309
310	310	(v) One of the grounds under [§ 10–119(c)(1)(i)] § 10–119(C)(3) of 13
311	311	the Family Law Article exists. 14
312	312
313	313	(f) The Secretary of Transportation, in cooperation with the Secretary of Human 15
314	314	Services [and the Office of Administrative Hearings], shall adopt regulations to implement 16
315	315	this section. 17
316	316
317	317	SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 18
318	318	October 1, 2024. 19