EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
*hb0311*
HOUSE BILL 311
D4 4lr1326
CF SB 174
By: Delegates Simpson and Taylor
Introduced and read first time: January 15, 2024
Assigned to: Judiciary
A BILL ENTITLED
AN ACT concerning 1
Child Support – Suspension of Driver’s Licenses 2
FOR the purpose of altering provisions of law relating to the authority of the Child Support 3
Enforcement Administration to notify the Motor Vehicle Administration of an 4
individual’s child support arrearages for the purpose of suspending the individual’s 5
driver’s license or privilege to drive under certain circumstances; and generally 6
relating to the suspension of an individual’s driver’s license or privilege to drive for 7
child support arrearages. 8
BY repealing and reenacting, with amendments, 9
Article – Family Law 10
Section 10–119 11
Annotated Code of Maryland 12
(2019 Replacement Volume and 2023 Supplement) 13
BY repealing and reenacting, without amendments, 14
Article – Family Law 15
Section 12–201(q) 16
Annotated Code of Maryland 17
(2019 Replacement Volume and 2023 Supplement) 18
BY repealing and reenacting, with amendments, 19
Article – Transportation 20
Section 16–203 21
Annotated Code of Maryland 22
(2020 Replacement Volume and 2023 Supplement) 23
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 24
That the Laws of Maryland read as follows: 25
Article – Family Law 26 2 HOUSE BILL 311
10–119. 1
(a) (1) In this section the following words have the meanings indicated. 2
(2) “License” has the meaning stated in § 11–128 of the Transportation 3
Article. 4
(3) “Motor Vehicle Administration” means the Motor Vehicle 5
Administration of the Department of Transportation. 6
(b) (1) Subject to the provisions of subsection (c) of this section, the 7
Administration may notify the Motor Vehicle Administration of an obligor [with a 8
noncommercial license who is 60 days or more out of compliance, or an obligor with a 9
commercial license] who is 120 days or more out of compliance[,] with the most recent order 10
of the court in making child support payments if: 11
(i) the Administration has accepted an assignment of support under 12
§ 5–312(b)(2) of the Human Services Article; or 13
(ii) the recipient of support payments has filed an application for 14
support enforcement services with the Administration. 15
(2) Upon notification by the Administration under this subsection, the 16
Motor Vehicle Administration: 17
(i) shall suspend the obligor’s license or privilege to drive in the 18
State; and 19
(ii) may issue a work–restricted license or work–restricted privilege 20
to drive in the State in accordance with § 16–203 of the Transportation Article. 21
(c) (1) (I) 1. Before supplying any information to the Motor Vehicle 22
Administration under this section, the Administration shall[: 23
(i) send written notice of the proposed action to the obligor, 24
including notice of the obligor’s right to request an investigation on any of the following 25
grounds: 26
1. the information regarding the reported arrearage is 27
inaccurate; 28
2. suspension of the obligor’s license or privilege to drive 29
would be an impediment to the obligor’s current or potential employment; or 30
3. suspension of the obligor’s license or privilege to drive 31
would place an undue hardship on the obligor because of the obligor’s: 32 HOUSE BILL 311 3
A. documented disability resulting in a verified inability to 1
work; or 2
B. inability to comply with the court order; and 3
(ii) give the obligor a reasonable opportunity to request an 4
investigation of the proposed action of the Administration. 5
(2) (i) Upon receipt of a request for investigation from the obligor, the 6
Administration shall conduct an investigation to determine if any of the grounds under 7
paragraph (1)(i) of this subsection exist. 8
(ii) The Administration shall: 9
1. send a copy of the obligor’s request for an investigation to 10
the obligee by first–class mail; 11
2. give the obligee a reasonable opportunity to respond; and 12
3. consider the obligee’s response. 13
(iii) Upon completion of the investigation, the Administration shall 14
notify the obligor of the results of the investigation and the obligor’s right to appeal to the 15
Office of Administrative Hearings. 16
(3) (i) An appeal under this section shall be conducted in accordance 17
with Title 10, Subtitle 2 of the State Government Article. 18
(ii) An appeal shall be made in writing and shall be received by the 19
Office of Administrative Hearings within 20 days after the notice to the obligor of the 20
results of the investigation. 21
(4) If, after the investigation or appeal to the Office of Administrative 22
Hearings, the Administration finds that one of the grounds under paragraph (1)(i) of this 23
subsection exists, the Administration may not send any information about the obligor to 24
the Motor Vehicle Administration. 25
(5) The Administration may not send any information about an obligor to 26
the Motor Vehicle Administration if: 27
(i) the Administration reaches an agreement with the obligor 28
regarding a scheduled payment of the obligor’s child support arrearage or a court issues an 29
order for a scheduled payment of the child support arrearage; and 30
(ii) the obligor is complying with the agreement or court order] 31
PETITION THE COURT T O MAKE A FINDING THA T SUSPENSION OF THE OBLIGOR ’S 32 4 HOUSE BILL 311
LICENSE OR PRIVILEGE TO DRIVE IS APPROPRIATE UNDER THE PROVI SIONS OF THIS 1
SUBSECTION . 2
2. NOTICE OF THE PETITIO N SHALL BE SERVED ON THE 3
OBLIGOR. 4
(II) IF, AFTER A HEARING , THE COURT DETERMINES THAT 5
SUSPENSION OF THE OB LIGOR’S LICENSE OR PRIVILEGE TO DRIV E IS APPROPRIATE , 6
THE ADMINISTRATION MAY NO TIFY THE MOTOR VEHICLE ADMINISTRATION . 7
(2) THE COURT MAY MAKE A FINDING THAT SUSPENSION OF THE 8
OBLIGOR’S LICENSE OR PRIVILE GE TO DRIVE IS APPRO PRIATE IF THE 9
ADMINISTRATION PROVES BY CLEAR AND CONVINC ING EVIDENCE THAT : 10
(I) THE OBLIGOR HAS THE FUNDS TO PAY THE ARREARAGE 11
BALANCE, BUT IS MAKING THE FR EE AND CONSCIOUS CHO ICE TO WITHHOLD 12
PAYMENT OR IS VOLUNTARILY IM POVERISHED , AS DEFINED IN § 12–201(Q) OF THIS 13
ARTICLE; 14
(II) THE OBLIGOR ’S FUNDS ARE NOT SUBJ ECT TO OTHER 15
COLLECTION AND ENFOR CEMENT MECHANISMS ; AND 16
(III) SUSPENSION OF THE OB LIGOR’S LICENSE OR PRIVILE GE TO 17
DRIVE IN ORDER TO COLLECT THE ARREARAGE IS IN THE BEST INTEREST OF THE 18
CHILD. 19
(3) THE COURT MAY NOT MAK E A FINDING THAT SUSPENSION OF THE 20
OBLIGOR’S LICENSE OR PRIVILE GE TO DRIVE IS APPROPRIATE IF : 21
(I) THE OBLIGOR PROVES B Y A PREPONDERANCE OF THE 22
EVIDENCE THAT SUSPENSION OF THE OBLIGOR’S LICENSE OR PRIVILE GE TO DRIVE 23
WOULD PLACE AN UNDUE HARDSHIP ON THE OBLIGOR OR THE F AMILY BECAUSE OF 24
ANY OF THE FOLLOWING FACTORS: 25
1. THE MINOR CHILD IS RESIDING PRIMARILY WITH THE 26
OBLIGOR; 27
2. THE OBLIGOR HAS A DO CUMENTED DISABILITY 28
RESULTING IN A VERIF IED INABILITY TO WOR K; 29
3. SUSPENSION OF THE OB LIGOR’S LICENSE OR 30
PRIVILEGE TO DRIVE WOULD BE AN IMPEDIME NT TO CURRENT OR POT ENTIAL 31
EMPLOYMENT ; 32
HOUSE BILL 311 5
4. THE OBLIGOR D OES NOT HAVE THE ABILITY TO PAY 1
AND IS MAKING REASON ABLE EFFORTS TO BECO ME OR REMAIN EMPLOYE D; 2
5. THE OBLIGOR IS UNABL E TO COMPLY WITH THE 3
TERMS OF A COURT ORD ER; 4
6. SUSPENSION OF THE OB LIGOR’S LICENSE OR 5
PRIVILEGE TO DRIVE W OULD BE AN IMPEDIMEN T TO THE OBLIGOR ’S ABILITY TO 6
VISIT THE MINOR CHIL D OR ASSIST THE CUST ODIAL PARENT WITH TH E 7
TRANSPORTATION NEEDS OF THE MINOR CHILD ; OR 8
7. ANY OTHER CIRCUMSTAN CE THAT THE C OURT 9
DETERMINES WOULD PLACE AN UNDUE HARDSHIP ON THE OBLIGOR OR TH E FAMILY; 10
(II) THE INFORMATION REGA RDING THE REPORTED 11
ARREARAGE IS INACCUR ATE; OR 12
(III) 1. THE ADMINISTRATION REACHE S AN AGREEMENT 13
WITH THE OBLIGOR, INCLUDING THROUGH A PAYMENT INCENTIVE PROGRAM FO R A 14
SCHEDULED PAYMENT OF THE ARREARAGES , OR THE COURT ISSUES AN ORDER FOR 15
A SCHEDULED PAYMENT OF THE ARREARAGES ; AND 16
2. THE COURT DETERMINES THAT THE OBLIGOR IS 17
COMPLYING WITH THE A GREEMENT OR THE ORDE R. 18
(d) (1) (I) [If, after] AFTER information about an obligor is supplied to the 19
Motor Vehicle Administration, IF THE ADMINISTRATION OR THE COURT FINDS THAT 20
the obligor’s arrearage is paid in full, the obligor has demonstrated good faith by paying 21
the ordered amount of support for 6 consecutive months, the obligor is a participant in full 22
compliance in an employment program approved by the Administration, or t he 23
Administration finds that one of the grounds under subsection [(c)(1)(i)] (C)(3) of this 24
section exists, the Administration shall notify the Motor Vehicle Administration to 25
reinstate the obligor’s license or privilege to drive. 26
(II) THE OBLIGOR MAY MAKE A REQUEST FOR REINSTATEMENT 27
OF THE OBLIGOR ’S LICENSE OR PRIVILE GE TO DRIVE WITH THE ADMINISTRATION 28
OR WITH THE COURT . 29
(2) [The] ON REQUEST OF THE OBL IGOR, THE Administration [may] 30
SHALL request that the Motor Vehicle Administration expunge a record of a suspension of 31
a license or privilege to drive for failure to pay child support: 32
(i) for an obligor who is enrolled in and compliant with an 33
employment program approved by the Administration; or 34 6 HOUSE BILL 311
(ii) if the information reported by the Administration that led to the 1
suspension was inaccurate. 2
(e) The Secretary of Human Services, in cooperation with the Secretary of 3
Transportation [and the Office of Administrative Hearings], shall adopt regulations to 4
implement this section. 5
12–201. 6
(q) “Voluntarily impoverished” means that a parent has made the free and 7
conscious choice, not compelled by factors beyond the parent’s control, to render the parent 8
without adequate resources. 9
Article – Transportation 10
16–203. 11
(a) In this section, “Child Support Administration” means the Child Support 12
Administration of the Department of Human Services. 13
(b) On notification by the Child Support Administration in accordance with § 14
10–119 of the Family Law Article that an obligor is [60] 120 days or more out of compliance 15
with the most recent order of the court in making child support payments, the 16
Administration: 17
(1) Shall suspend an obligor’s license or privilege to drive in the State; and 18
(2) May issue a work–restricted license or work–restricted privilege to 19
drive. 20
(c) (1) Prior to the suspension of a license or the privilege to drive in the State 21
and the issuance of a work–restricted license or work–restricted privilege to drive under 22
subsection (b) of this section, the Administration shall send written notice of the proposed 23
action to the obligor, including notice of the obligor’s right to contest the accuracy of the 24
information. 25
(2) Any contest under this subsection shall be limited to whether the 26
Administration has mistaken the identity of the obligor or the individual whose license or 27
privilege to drive has been suspended. 28
(d) (1) An obligor may appeal a decision of the Administration to suspend the 29
obligor’s license or privilege to drive. 30
(2) At a hearing under this subsection, the issue shall be limited to whether 31
the Administration has mistaken the identity of the obligor or the individual whose license 32
or privilege to drive has been suspended. 33 HOUSE BILL 311 7
(e) The Administration shall reinstate an obligor’s license or privilege to drive in 1
the State if: 2
(1) The Administration receives a court order to reinstate the license or 3
privilege to drive; or 4
(2) The Child Support Administration notifies the Administration that: 5
(i) The individual whose license or privilege to drive was suspended 6
is not in arrears in making child support payments; 7
(ii) The obligor has paid the support arrearage in full; 8
(iii) The obligor has demonstrated good faith by paying the ordered 9
amount of support for 6 consecutive months; 10
(iv) The obligor is a participant in full compliance in an employment 11
program approved by the Child Support Administration; or 12
(v) One of the grounds under [§ 10–119(c)(1)(i)] § 10–119(C)(3) of 13
the Family Law Article exists. 14
(f) The Secretary of Transportation, in cooperation with the Secretary of Human 15
Services [and the Office of Administrative Hearings], shall adopt regulations to implement 16
this section. 17
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 18
October 1, 2024. 19