Maryland 2024 Regular Session

Maryland House Bill HB813 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 *hb0813*
96
107 HOUSE BILL 813
118 D4, R4 4lr2406
129
13-By: Delegates Toles and Henson, Henson, Conaway, Taylor, Kaufman, Phillips,
14-and Williams
10+By: Delegates Toles and Henson
1511 Introduced and read first time: January 31, 2024
1612 Assigned to: Judiciary
17-Committee Report: Favorable with amendments
18-House action: Adopted
19-Read second time: March 25, 2024
2013
21-CHAPTER ______
14+A BILL ENTITLED
2215
2316 AN ACT concerning 1
2417
2518 Driver’s Licenses – Suspension for Child Support Arrearages – Exception 2
2619
2720 FOR the purpose of establishing a certain exception to the authority of the Child Support 3
2821 Administration to notify the Motor Vehicle Administration of an individual’s child 4
2922 support arrearages for the purpose of suspending the individual’s driver’s license or 5
3023 privilege to drive if the obligor’s income is at or below a certain level; authorizing the 6
3124 Child Support Administration to consider certain information in determining the 7
3225 income of an obligor under this Act; and generally relating to the suspension of a 8
3326 driver’s license or privilege to drive for child support arrearages. 9
3427
3528 BY repealing and reenacting, with amendments, 10
3629 Article – Family Law 11
3730 Section 10–119 12
3831 Annotated Code of Maryland 13
3932 (2019 Replacement Volume and 2023 Supplement) 14
4033
4134 BY repealing and reenacting, without amendments, 15
4235 Article – Transportation 16
4336 Section 16–203(a) 17
4437 Annotated Code of Maryland 18
4538 (2020 Replacement Volume and 2023 Supplement) 19
4639
4740 BY repealing and reenacting, with amendments, 20
48- Article – Transportation 21 2 HOUSE BILL 813
41+ Article – Transportation 21
42+ Section 16–203(b), (e), and (f) 22
43+ Annotated Code of Maryland 23
44+ (2020 Replacement Volume and 2023 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 HOUSE BILL 813
4949
5050
51- Section 16–203(b), (e), and (f) 1
52- Annotated Code of Maryland 2
53- (2020 Replacement Volume and 2023 Supplement) 3
51+Article – Family Law 1
5452
55- SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 4
56-That the Laws of Maryland read as follows: 5
53+10–119. 2
5754
58-Article – Family Law 6
55+ (a) (1) In this section the following words have the meanings indicated. 3
5956
60-10–119. 7
57+ (2) “License” has the meaning stated in § 11–128 of the Transportation 4
58+Article. 5
6159
62- (a) (1) In this section the following words have the meanings indicated. 8
60+ (3) “Motor Vehicle Administration” means the Motor Vehicle 6
61+Administration of the Department of Transportation. 7
6362
64- (2) “License” has the meaning stated in § 11–128 of the Transportation 9
65-Article. 10
63+ (b) (1) THIS SECTION DOES NOT APPLY TO AN OBLIGOR WHOSE 8
64+INDIVIDUAL INCOME FOR THE CURRE NT YEAR IS NOT GREATER THAN 250% OF THE 9
65+FEDERAL POVERTY GUID ELINES UNLESS THE OBLIGOR W AS JUDICIALLY 10
66+DETERMINED , AT THE TIME THE MOST RECENT CHILD SUPPORT ORDER WAS 11
67+ENTERED, TO BE VOLUNTARILY IM POVERISHED UNDER § 12–204 OF THIS ARTICLE. 12
6668
67- (3) “Motor Vehicle Administration” means the Motor Vehicle 11
68-Administration of the Department of Transportation. 12
69+ (2) TO DETERMINE THE INCO ME OF AN OBLIGOR UND ER THIS 13
70+SUBSECTION, THE ADMINISTRATION MAY CO NSIDER: 14
6971
70- (b) (1) THIS SECTION DOES NOT APPLY TO AN OBLIGOR WHOSE 13
71-INDIVIDUAL INCOME FO R THE CURRENT YEAR I S NOT GREATER THAN 250% OF THE 14
72-FEDERAL POVERTY GUID ELINES UNLESS THE OB LIGOR WAS JUDICIALLY 15
73-DETERMINED , AT THE TIME THE MOST RECENT CHILD SUPPORT ORDER WAS 16
74-ENTERED, TO BE VOLUNTARILY IMPOVERI SHED UNDER § 12–204 OF THIS ARTICLE. 17
72+ (I) THE INCOME OF THE OBL IGOR AT THE TIME THE MOST 15
73+RECENT CHILD SUPPORT ORDER WAS ENTERED ; OR 16
7574
76- (2) TO DETERMINE THE INCO ME OF AN OBLIGOR UND ER THIS 18
77-SUBSECTION, THE ADMINISTRATION MAY CO NSIDER: 19
75+ (II) INFORMATION ON THE O BLIGOR’S INCOME PROVIDED BY 17
76+THE OBLIGOR, THE COMPTROLLER , OR AN EMPLOYER OF TH E OBLIGOR. 18
7877
79- (I) THE INCOME OF THE OB LIGOR AT THE TIME TH E MOST 20
80-RECENT CHILD SUPPORT ORDER WAS ENTERED ; OR 21
78+ (C) (1) Subject to the provisions of subsection [(c)] (D) of this section, the 19
79+Administration may notify the Motor Vehicle Administration of an obligor [with a 20
80+noncommercial license who is 60 days or more out of compliance, or an obligor with a 21
81+commercial license] who is 120 days or more out of compliance[,] with the most recent order 22
82+of the court in making child support payments if: 23
8183
82- (II) INFORMATION ON THE O BLIGOR’S INCOME PROVIDED BY 22
83-THE OBLIGOR, THE COMPTROLLER , OR AN EMPLOYER OF TH E OBLIGOR. 23
84+ (i) the Administration has accepted an assignment of support under 24
85+§ 5–312(b)(2) of the Human Services Article; or 25
8486
85- (C) (1) Subject to the provisions of subsection [(c)] (D) of this section, the 24
86-Administration may notify the Motor Vehicle Administration of an obligor [with a 25
87-noncommercial license who is 60 days or more out of compliance, or an obligor with a 26
88-commercial license] who is 120 days or more out of compliance[,] with the most recent order 27
89-of the court in making child support payments if: 28
87+ (ii) the recipient of support payments has filed an application for 26
88+support enforcement services with the Administration. 27
9089
91- (i) the Administration has accepted an assignment of support under 29
92-§ 5–312(b)(2) of the Human Services Article; or 30
90+ (2) Upon notification by the Administration under this subsection, the 28
91+Motor Vehicle Administration: 29
9392
94- (ii) the recipient of support payments has filed an application for 31
95-support enforcement services with the Administration. 32
96- HOUSE BILL 813 3
93+ (i) shall suspend the obligor’s license or privilege to drive in the 30
94+State; and 31
95+
96+ (ii) may issue a work–restricted license or work–restricted privilege 32 HOUSE BILL 813 3
9797
9898
99- (2) Upon notification by the Administration under this subsection, the 1
100-Motor Vehicle Administration: 2
99+to drive in the State in accordance with § 16–203 of the Transportation Article. 1
101100
102- (i) shall suspend the obligor’s license or privilege to drive in the 3
103-State; and 4
101+ [(c)] (D) (1) Before supplying any information to the M otor Vehicle 2
102+Administration under this section, the Administration shall: 3
104103
105- (ii) may issue a work–restricted license or work–restricted privilege 5
106-to drive in the State in accordance with § 16–203 of the Transportation Article. 6
104+ (i) send written notice of the proposed action to the obligor, 4
105+including notice of the obligor’s right to request an investigation on any of the following 5
106+grounds: 6
107107
108- [(c)] (D) (1) Before supplying any information to the Motor Vehicle 7
109-Administration under this section, the Administration shall: 8
108+ 1. the information regarding the reported arrearage is 7
109+inaccurate; 8
110110
111- (i) send written notice of the proposed action to the obligor, 9
112-including notice of the obligor’s right to request an investigation on any of the following 10
113-grounds: 11
111+ 2. suspension of the obligor’s license or privilege to drive 9
112+would be an impediment to the obligor’s current or potential employment; or 10
114113
115- 1. the information regarding the reported arrearage is 12
116-inaccurate; 13
114+ 3. suspension of the obligor’s license or privilege to drive 11
115+would place an undue hardship on the obligor because of the obligor’s: 12
117116
118- 2. suspension of the obligor’s license or privilege to drive 14
119-would be an impediment to the obligor’s current or potential employment; or 15
117+ A. documented disability resulting in a verified inability to 13
118+work; or 14
120119
121- 3. suspension of the obligor’s license or privilege to drive 16
122-would place an undue hardship on the obligor because of the obligor’s: 17
120+ B. inability to comply with the court order; and 15
123121
124- A. documented disability resulting in a verified inability to 18
125-work; or 19
122+ (ii) give the obligor a reasonable opportunity to request an 16
123+investigation of the proposed action of the Administration. 17
126124
127- B. inability to comply with the court order; and 20
125+ (2) (i) Upon receipt of a request for investigation from the obligor, the 18
126+Administration shall conduct an investigation to determine if any of the grounds under 19
127+paragraph (1)(i) of this subsection exist. 20
128128
129- (ii) give the obligor a reasonable opportunity to request an 21
130-investigation of the proposed action of the Administration. 22
129+ (ii) The Administration shall: 21
131130
132- (2) (i) Upon receipt of a request for investigation from the obligor, the 23
133-Administration shall conduct an investigation to determine if any of the grounds under 24
134-paragraph (1)(i) of this subsection exist. 25
131+ 1. send a copy of the obligor’s request for an investigation to 22
132+the obligee by first–class mail; 23
135133
136- (ii) The Administration shall: 26
134+ 2. give the obligee a reasonable opportunity to respond; and 24
137135
138- 1. send a copy of the obligor’s request for an investigation to 27
139-the obligee by first–class mail; 28
136+ 3. consider the obligee’s response. 25
140137
141- 2. give the obligee a reasonable opportunity to respond; and 29
138+ (iii) Upon completion of the investigation, the Administration shall 26
139+notify the obligor of the results of the investigation and the obligor’s right to appeal to the 27
140+Office of Administrative Hearings. 28
142141
143- 3. consider the obligee’s response. 30
144- 4 HOUSE BILL 813
142+ (3) (i) An appeal under this section shall be conducted in accordance 29
143+with Title 10, Subtitle 2 of the State Government Article. 30
144+
145+ (ii) An appeal shall be made in writing and shall be received by the 31 4 HOUSE BILL 813
145146
146147
147- (iii) Upon completion of the investigation, the Administration shall 1
148-notify the obligor of the results of the investigation and the obligor’s right to appeal to the 2
149-Office of Administrative Hearings. 3
148+Office of Administrative Hearings within [20] 30 days after the notice to the obligor of the 1
149+results of the investigation. 2
150150
151- (3) (i) An appeal under this section shall be conducted in accordance 4
152-with Title 10, Subtitle 2 of the State Government Article. 5
151+ (4) If, after the investigation or appeal to the Office of Administrative 3
152+Hearings, the Administration finds that one of the grounds under paragraph (1)(i) of this 4
153+subsection exists, the Administration may not send any information about the obligor to 5
154+the Motor Vehicle Administration. 6
153155
154- (ii) An appeal shall be made in writing and shall be received by the 6
155-Office of Administrative Hearings within [20] 30 days after the notice to the obligor of the 7
156-results of the investigation. 8
156+ (5) The Administration may not send any information about an obligor to 7
157+the Motor Vehicle Administration if: 8
157158
158- (4) If, after the investigation or appeal to the Office of Administrative 9
159-Hearings, the Administration finds that one of the grounds under paragraph (1)(i) of this 10
160-subsection exists, the Administration may not send any information about the obligor to 11
161-the Motor Vehicle Administration. 12
159+ (i) the Administration reaches an agreement with the obligor 9
160+regarding a scheduled payment of the obligor’s child support arrearage or a court issues an 10
161+order for a scheduled payment of the child support arrearage; and 11
162162
163- (5) The Administration may not send any information about an obligor to 13
164-the Motor Vehicle Administration if: 14
163+ (ii) the obligor is complying with the agreement or court order. 12
165164
166- (i) the Administration reaches an agreement with the obligor 15
167-regarding a scheduled payment of the obligor’s child support arrearage or a court issues an 16
168-order for a scheduled payment of the child support arrearage; and 17
165+ [(d)] (E) (1) If, after information about an obligor is supplied to the Motor 13
166+Vehicle Administration, the obligor’s arrearage is paid in full, the obligor has demonstrated 14
167+good faith by paying the ordered amount of support for 6 consecutive months, the obligor is 15
168+a participant in full compliance in an employment program approved by the 16
169+Administration, or the Administration finds that one of the grounds under subsection 17
170+[(c)(1)(i)] (D)(1)(I) of this section exists, the Administration shall notify the Motor Vehicle 18
171+Administration to reinstate the obligor’s license or privilege to drive. 19
169172
170- (ii) the obligor is complying with the agreement or court order. 18
173+ (2) The Administration may request that the Motor Vehicle 20
174+Administration expunge a record of a suspension of a license or privilege to drive for failure 21
175+to pay child support: 22
171176
172- [(d)] (E) (1) If, after information about an obligor is supplied to the Motor 19
173-Vehicle Administration, the obligor’s arrearage is paid in full, the obligor has demonstrated 20
174-good faith by paying the ordered amount of support for 6 consecutive months, the obligor is 21
175-a participant in full compliance in an employment program approved by the 22
176-Administration, or the Administration finds that one of the grounds under subsection 23
177-[(c)(1)(i)] (D)(1)(I) of this section exists, the Administration shall notify the Motor Vehicle 24
178-Administration to reinstate the obligor’s license or privilege to drive. 25
177+ (i) for an obligor who is enrolled in and compliant with an 23
178+employment program approved by the Administration; or 24
179179
180- (2) The Administration may request that the Motor Vehicle 26
181-Administration expunge a record of a suspension of a license or privilege to drive for failure 27
182-to pay child support: 28
180+ (ii) if the information reported by the Administration that led to the 25
181+suspension was inaccurate. 26
183182
184- (i) for an obligor who is enrolled in and compliant with an 29
185-employment program approved by the Administration; or 30
183+ [(e)] (F) The Secretary of Human Services, in cooperation with the Secretary of 27
184+Transportation, THE COMPTROLLER , and the Office of Administrative Hearings, shall 28
185+adopt regulations to implement this section. 29
186186
187- (ii) if the information reported by the Administration that led to the 31
188-suspension was inaccurate. 32
187+Article – Transportation 30
189188
190- [(e)] (F) The Secretary of Human Services, in cooperation with the Secretary of 33
191-Transportation, THE COMPTROLLER , and the Office of Administrative Hearings, shall 34
192-adopt regulations to implement this section. 35
193- HOUSE BILL 813 5
189+16–203. 31
190+
191+ (a) In this section, “Child Support Administration” means the Child Support 32
192+Administration of the Department of Human Services. 33
193+
194+ (b) On notification by the Child Support Administration in accordance with § 34 HOUSE BILL 813 5
194195
195196
196- (F) (1) THIS SECTION DOES NOT A PPLY TO AN OBLIGOR W HOSE 1
197-INDIVIDUAL INCOME FO R THE CURRENT YEAR I S NOT GREATER THAN 250% OF THE 2
198-FEDERAL POVERTY GUID ELINES UNLESS THE OB LIGOR WAS JUDICIALLY 3
199-DETERMINED AT THE TI ME THE MOST RECENT C HILD SUPPORT ORDER W AS 4
200-ENTERED TO BE VO LUNTARILY IMPOVERISH ED UNDER § 12–204 OF THIS ARTICLE. 5
197+10–119 of the Family Law Article that an obligor is [60] 120 days or more out of compliance 1
198+with the most recent order of the court in making child support payments, the 2
199+Administration: 3
201200
202- (2) TO DETERMINE THE INCO ME OF AN OBLIGOR UND ER THIS 6
203-SUBSECTION, THE ADMINISTRATION MAY CO NSIDER: 7
201+ (1) Shall suspend an obligor’s license or privilege to drive in the State; and 4
204202
205- (I) THE INCOME OF THE OB LIGOR AT THE TIME TH E MOST 8
206-RECENT CHILD SUPPORT ORDER WAS ENTERED ; OR 9
203+ (2) May issue a work–restricted license or work–restricted privilege to 5
204+drive. 6
207205
208- (II) INFORMATION ON THE O BLIGOR’S INCOME PROVIDED BY 10
209-THE OBLIGOR, THE COMPTROLLER , OR AN EMPLOYER OF TH E OBLIGOR. 11
206+ (e) The Administration shall reinstate an obligor’s license or privilege to drive in 7
207+the State if: 8
210208
211-Article – Transportation 12
209+ (1) The Administration receives a court order to reinstate the license or 9
210+privilege to drive; or 10
212211
213-16–203. 13
212+ (2) The Child Support Administration notifies the Administration that: 11
214213
215- (a) In this section, “Child Support Administration” means the Child Support 14
216-Administration of the Department of Human Services. 15
214+ (i) The individual whose license or privilege to drive was suspended 12
215+is not in arrears in making child support payments; 13
217216
218- (b) On notification by the Child Support Administration in accordance with § 16
219-10–119 of the Family Law Article that an obligor is [60] 120 days or more out of compliance 17
220-with the most recent order of the court in making chil d support payments, the 18
221-Administration: 19
217+ (ii) The obligor has paid the support arrearage in full; 14
222218
223- (1) Shall suspend an obligor’s license or privilege to drive in the State; and 20
219+ (iii) The obligor has demonstrated good faith by paying the ordered 15
220+amount of support for 6 consecutive months; 16
224221
225- (2) May issue a work–restricted license or work–restricted privilege to 21
226-drive. 22
222+ (iv) The obligor is a participant in full compliance in an employment 17
223+program approved by the Child Support Administration; or 18
227224
228- (e) The Administration shall reinstate an obligor’s license or privilege to drive in 23
229-the State if: 24
225+ (v) One of the grounds under [§ 10–119(c)(1)(i)] § 10–119(D)(1)(I) 19
226+of the Family Law Article exists. 20
230227
231- (1) The Administration receives a court order to reinstate the license or 25
232-privilege to drive; or 26
228+ (f) The Secretary of Transportation, in cooperation with the Secretary of Human 21
229+Services, THE COMPTROLLER , and the Office of Administrative Hearings, shall adopt 22
230+regulations to implement this section. 23
233231
234- (2) The Child Support Administration notifies the Administration that: 27
235-
236- (i) The individual whose license or privilege to drive was suspended 28
237-is not in arrears in making child support payments; 29
238-
239- (ii) The obligor has paid the support arrearage in full; 30
240- 6 HOUSE BILL 813
241-
242-
243- (iii) The obligor has demonstrated good faith by paying the ordered 1
244-amount of support for 6 consecutive months; 2
245-
246- (iv) The obligor is a participant in full compliance in an employment 3
247-program approved by the Child Support Administration; or 4
248-
249- (v) One of the grounds under [§ 10–119(c)(1)(i)] § 10–119(D)(1)(I) 5
250-of the Family Law Article exists. 6
251-
252- (f) The Secretary of Transportation, in cooperation with the Secretary of Human 7
253-Services, THE COMPTROLLER , and the Office of Administrative Hearings, shall adopt 8
254-regulations to implement this section. 9
255-
256- SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 10
257-October 1, 2024. It shall remain effective for a period of 2 years and, at the end of September 11
258-30, 2026, this Act, with no further action required by the General Assembly, shall be 12
259-abrogated and of no further force and effect. 13
260-
261-
262-
263-
264-Approved:
265-________________________________________________________________________________
266- Governor.
267-________________________________________________________________________________
268- Speaker of the House of Delegates.
269-________________________________________________________________________________
270- President of the Senate.
232+ SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 24
233+October 1, 2024. It shall remain effective for a period of 2 years and, at the end of September 25
234+30, 2026, this Act, with no further action required by the General Assembly, shall be 26
235+abrogated and of no further force and effect. 27