EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
*hb0813*
HOUSE BILL 813
D4, R4 4lr2406
By: Delegates Toles and Henson
Introduced and read first time: January 31, 2024
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 2023 Supplement) 14
BY repealing and reenacting, without amendments, 15
Article – Transportation 16
Section 16–203(a) 17
Annotated Code of Maryland 18
(2020 Replacement Volume and 2023 Supplement) 19
BY repealing and reenacting, with amendments, 20
Article – Transportation 21
Section 16–203(b), (e), and (f) 22
Annotated Code of Maryland 23
(2020 Replacement Volume and 2023 Supplement) 24
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 25
That the Laws of Maryland read as follows: 26
2 HOUSE BILL 813
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 8
INDIVIDUAL INCOME FOR THE CURRE NT YEAR IS NOT GREATER THAN 250% OF THE 9
FEDERAL POVERTY GUID ELINES UNLESS THE OBLIGOR W AS JUDICIALLY 10
DETERMINED , AT THE TIME THE MOST RECENT CHILD SUPPORT ORDER WAS 11
ENTERED, TO BE VOLUNTARILY IM POVERISHED UNDER § 12–204 OF THIS ARTICLE. 12
(2) TO DETERMINE THE INCO ME OF AN OBLIGOR UND ER THIS 13
SUBSECTION, THE ADMINISTRATION MAY CO NSIDER: 14
(I) THE INCOME OF THE OBL IGOR AT THE TIME THE MOST 15
RECENT CHILD SUPPORT ORDER WAS ENTERED ; OR 16
(II) INFORMATION ON THE O BLIGOR’S INCOME PROVIDED BY 17
THE OBLIGOR, THE COMPTROLLER , OR AN EMPLOYER OF TH E OBLIGOR. 18
(C) (1) Subject to the provisions of subsection [(c)] (D) of this section, the 19
Administration may notify the Motor Vehicle Administration of an obligor [with a 20
noncommercial license who is 60 days or more out of compliance, or an obligor with a 21
commercial license] who is 120 days or more out of compliance[,] with the most recent order 22
of the court in making child support payments if: 23
(i) the Administration has accepted an assignment of support under 24
§ 5–312(b)(2) of the Human Services Article; or 25
(ii) the recipient of support payments has filed an application for 26
support enforcement services with the Administration. 27
(2) Upon notification by the Administration under this subsection, the 28
Motor Vehicle Administration: 29
(i) shall suspend the obligor’s license or privilege to drive in the 30
State; and 31
(ii) may issue a work–restricted license or work–restricted privilege 32 HOUSE BILL 813 3
to drive in the State in accordance with § 16–203 of the Transportation Article. 1
[(c)] (D) (1) Before supplying any information to the M otor Vehicle 2
Administration under this section, the Administration shall: 3
(i) send written notice of the proposed action to the obligor, 4
including notice of the obligor’s right to request an investigation on any of the following 5
grounds: 6
1. the information regarding the reported arrearage is 7
inaccurate; 8
2. suspension of the obligor’s license or privilege to drive 9
would be an impediment to the obligor’s current or potential employment; or 10
3. suspension of the obligor’s license or privilege to drive 11
would place an undue hardship on the obligor because of the obligor’s: 12
A. documented disability resulting in a verified inability to 13
work; or 14
B. inability to comply with the court order; and 15
(ii) give the obligor a reasonable opportunity to request an 16
investigation of the proposed action of the Administration. 17
(2) (i) Upon receipt of a request for investigation from the obligor, the 18
Administration shall conduct an investigation to determine if any of the grounds under 19
paragraph (1)(i) of this subsection exist. 20
(ii) The Administration shall: 21
1. send a copy of the obligor’s request for an investigation to 22
the obligee by first–class mail; 23
2. give the obligee a reasonable opportunity to respond; and 24
3. consider the obligee’s response. 25
(iii) Upon completion of the investigation, the Administration shall 26
notify the obligor of the results of the investigation and the obligor’s right to appeal to the 27
Office of Administrative Hearings. 28
(3) (i) An appeal under this section shall be conducted in accordance 29
with Title 10, Subtitle 2 of the State Government Article. 30
(ii) An appeal shall be made in writing and shall be received by the 31 4 HOUSE BILL 813
Office of Administrative Hearings within [20] 30 days after the notice to the obligor of the 1
results of the investigation. 2
(4) If, after the investigation or appeal to the Office of Administrative 3
Hearings, the Administration finds that one of the grounds under paragraph (1)(i) of this 4
subsection exists, the Administration may not send any information about the obligor to 5
the Motor Vehicle Administration. 6
(5) The Administration may not send any information about an obligor to 7
the Motor Vehicle Administration if: 8
(i) the Administration reaches an agreement with the obligor 9
regarding a scheduled payment of the obligor’s child support arrearage or a court issues an 10
order for a scheduled payment of the child support arrearage; and 11
(ii) the obligor is complying with the agreement or court order. 12
[(d)] (E) (1) If, after information about an obligor is supplied to the Motor 13
Vehicle Administration, the obligor’s arrearage is paid in full, the obligor has demonstrated 14
good faith by paying the ordered amount of support for 6 consecutive months, the obligor is 15
a participant in full compliance in an employment program approved by the 16
Administration, or the Administration finds that one of the grounds under subsection 17
[(c)(1)(i)] (D)(1)(I) of this section exists, the Administration shall notify the Motor Vehicle 18
Administration to reinstate the obligor’s license or privilege to drive. 19
(2) The Administration may request that the Motor Vehicle 20
Administration expunge a record of a suspension of a license or privilege to drive for failure 21
to pay child support: 22
(i) for an obligor who is enrolled in and compliant with an 23
employment program approved by the Administration; or 24
(ii) if the information reported by the Administration that led to the 25
suspension was inaccurate. 26
[(e)] (F) The Secretary of Human Services, in cooperation with the Secretary of 27
Transportation, THE COMPTROLLER , and the Office of Administrative Hearings, shall 28
adopt regulations to implement this section. 29
Article – Transportation 30
16–203. 31
(a) In this section, “Child Support Administration” means the Child Support 32
Administration of the Department of Human Services. 33
(b) On notification by the Child Support Administration in accordance with § 34 HOUSE BILL 813 5
10–119 of the Family Law Article that an obligor is [60] 120 days or more out of compliance 1
with the most recent order of the court in making child support payments, the 2
Administration: 3
(1) Shall suspend an obligor’s license or privilege to drive in the State; and 4
(2) May issue a work–restricted license or work–restricted privilege to 5
drive. 6
(e) The Administration shall reinstate an obligor’s license or privilege to drive in 7
the State if: 8
(1) The Administration receives a court order to reinstate the license or 9
privilege to drive; or 10
(2) The Child Support Administration notifies the Administration that: 11
(i) The individual whose license or privilege to drive was suspended 12
is not in arrears in making child support payments; 13
(ii) The obligor has paid the support arrearage in full; 14
(iii) The obligor has demonstrated good faith by paying the ordered 15
amount of support for 6 consecutive months; 16
(iv) The obligor is a participant in full compliance in an employment 17
program approved by the Child Support Administration; or 18
(v) One of the grounds under [§ 10–119(c)(1)(i)] § 10–119(D)(1)(I) 19
of the Family Law Article exists. 20
(f) The Secretary of Transportation, in cooperation with the Secretary of Human 21
Services, THE COMPTROLLER , and the Office of Administrative Hearings, shall adopt 22
regulations to implement this section. 23
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 24
October 1, 2024. It shall remain effective for a period of 2 years and, at the end of September 25
30, 2026, this Act, with no further action required by the General Assembly, shall be 26
abrogated and of no further force and effect. 27