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.
*hb0813*
HOUSE BILL 813
D4, R4 4lr2406
By: Delegates Toles and Henson, Henson, Conaway, Taylor, Kaufman, Phillips,
and Williams
Introduced and read first time: January 31, 2024
Assigned to: Judiciary
Committee Report: Favorable with amendments
House action: Adopted
Read second time: March 25, 2024
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; 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 2 HOUSE BILL 813
Section 16–203(b), (e), and (f) 1
Annotated Code of Maryland 2
(2020 Replacement Volume and 2023 Supplement) 3
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 4
That the Laws of Maryland read as follows: 5
Article – Family Law 6
10–119. 7
(a) (1) In this section the following words have the meanings indicated. 8
(2) “License” has the meaning stated in § 11–128 of the Transportation 9
Article. 10
(3) “Motor Vehicle Administration” means the Motor Vehicle 11
Administration of the Department of Transportation. 12
(b) (1) THIS SECTION DOES NOT APPLY TO AN OBLIGOR WHOSE 13
INDIVIDUAL INCOME FO R THE CURRENT YEAR I S NOT GREATER THAN 250% OF THE 14
FEDERAL POVERTY GUID ELINES UNLESS THE OB LIGOR WAS JUDICIALLY 15
DETERMINED , AT THE TIME THE MOST RECENT CHILD SUPPORT ORDER WAS 16
ENTERED, TO BE VOLUNTARILY IMPOVERI SHED UNDER § 12–204 OF THIS ARTICLE. 17
(2) TO DETERMINE THE INCO ME OF AN OBLIGOR UND ER THIS 18
SUBSECTION, THE ADMINISTRATION MAY CO NSIDER: 19
(I) THE INCOME OF THE OB LIGOR AT THE TIME TH E MOST 20
RECENT CHILD SUPPORT ORDER WAS ENTERED ; OR 21
(II) INFORMATION ON THE O BLIGOR’S INCOME PROVIDED BY 22
THE OBLIGOR, THE COMPTROLLER , OR AN EMPLOYER OF TH E OBLIGOR. 23
(C) (1) Subject to the provisions of subsection [(c)] (D) of this section, the 24
Administration may notify the Motor Vehicle Administration of an obligor [with a 25
noncommercial license who is 60 days or more out of compliance, or an obligor with a 26
commercial license] who is 120 days or more out of compliance[,] with the most recent order 27
of the court in making child support payments if: 28
(i) the Administration has accepted an assignment of support under 29
§ 5–312(b)(2) of the Human Services Article; or 30
(ii) the recipient of support payments has filed an application for 31
support enforcement services with the Administration. 32
HOUSE BILL 813 3
(2) Upon notification by the Administration under this subsection, the 1
Motor Vehicle Administration: 2
(i) shall suspend the obligor’s license or privilege to drive in the 3
State; and 4
(ii) may issue a work–restricted license or work–restricted privilege 5
to drive in the State in accordance with § 16–203 of the Transportation Article. 6
[(c)] (D) (1) Before supplying any information to the Motor Vehicle 7
Administration under this section, the Administration shall: 8
(i) send written notice of the proposed action to the obligor, 9
including notice of the obligor’s right to request an investigation on any of the following 10
grounds: 11
1. the information regarding the reported arrearage is 12
inaccurate; 13
2. suspension of the obligor’s license or privilege to drive 14
would be an impediment to the obligor’s current or potential employment; or 15
3. suspension of the obligor’s license or privilege to drive 16
would place an undue hardship on the obligor because of the obligor’s: 17
A. documented disability resulting in a verified inability to 18
work; or 19
B. inability to comply with the court order; and 20
(ii) give the obligor a reasonable opportunity to request an 21
investigation of the proposed action of the Administration. 22
(2) (i) Upon receipt of a request for investigation from the obligor, the 23
Administration shall conduct an investigation to determine if any of the grounds under 24
paragraph (1)(i) of this subsection exist. 25
(ii) The Administration shall: 26
1. send a copy of the obligor’s request for an investigation to 27
the obligee by first–class mail; 28
2. give the obligee a reasonable opportunity to respond; and 29
3. consider the obligee’s response. 30
4 HOUSE BILL 813
(iii) Upon completion of the investigation, the Administration shall 1
notify the obligor of the results of the investigation and the obligor’s right to appeal to the 2
Office of Administrative Hearings. 3
(3) (i) An appeal under this section shall be conducted in accordance 4
with Title 10, Subtitle 2 of the State Government Article. 5
(ii) An appeal shall be made in writing and shall be received by the 6
Office of Administrative Hearings within [20] 30 days after the notice to the obligor of the 7
results of the investigation. 8
(4) If, after the investigation or appeal to the Office of Administrative 9
Hearings, the Administration finds that one of the grounds under paragraph (1)(i) of this 10
subsection exists, the Administration may not send any information about the obligor to 11
the Motor Vehicle Administration. 12
(5) The Administration may not send any information about an obligor to 13
the Motor Vehicle Administration if: 14
(i) the Administration reaches an agreement with the obligor 15
regarding a scheduled payment of the obligor’s child support arrearage or a court issues an 16
order for a scheduled payment of the child support arrearage; and 17
(ii) the obligor is complying with the agreement or court order. 18
[(d)] (E) (1) If, after information about an obligor is supplied to the Motor 19
Vehicle Administration, the obligor’s arrearage is paid in full, the obligor has demonstrated 20
good faith by paying the ordered amount of support for 6 consecutive months, the obligor is 21
a participant in full compliance in an employment program approved by the 22
Administration, or the Administration finds that one of the grounds under subsection 23
[(c)(1)(i)] (D)(1)(I) of this section exists, the Administration shall notify the Motor Vehicle 24
Administration to reinstate the obligor’s license or privilege to drive. 25
(2) The Administration may request that the Motor Vehicle 26
Administration expunge a record of a suspension of a license or privilege to drive for failure 27
to pay child support: 28
(i) for an obligor who is enrolled in and compliant with an 29
employment program approved by the Administration; or 30
(ii) if the information reported by the Administration that led to the 31
suspension was inaccurate. 32
[(e)] (F) The Secretary of Human Services, in cooperation with the Secretary of 33
Transportation, THE COMPTROLLER , and the Office of Administrative Hearings, shall 34
adopt regulations to implement this section. 35
HOUSE BILL 813 5
(F) (1) THIS SECTION DOES NOT A PPLY TO AN OBLIGOR W HOSE 1
INDIVIDUAL INCOME FO R THE CURRENT YEAR I S NOT GREATER THAN 250% OF THE 2
FEDERAL POVERTY GUID ELINES UNLESS THE OB LIGOR WAS JUDICIALLY 3
DETERMINED AT THE TI ME THE MOST RECENT C HILD SUPPORT ORDER W AS 4
ENTERED TO BE VO LUNTARILY IMPOVERISH ED UNDER § 12–204 OF THIS ARTICLE. 5
(2) TO DETERMINE THE INCO ME OF AN OBLIGOR UND ER THIS 6
SUBSECTION, THE ADMINISTRATION MAY CO NSIDER: 7
(I) THE INCOME OF THE OB LIGOR AT THE TIME TH E MOST 8
RECENT CHILD SUPPORT ORDER WAS ENTERED ; OR 9
(II) INFORMATION ON THE O BLIGOR’S INCOME PROVIDED BY 10
THE OBLIGOR, THE COMPTROLLER , OR AN EMPLOYER OF TH E OBLIGOR. 11
Article – Transportation 12
16–203. 13
(a) In this section, “Child Support Administration” means the Child Support 14
Administration of the Department of Human Services. 15
(b) On notification by the Child Support Administration in accordance with § 16
10–119 of the Family Law Article that an obligor is [60] 120 days or more out of compliance 17
with the most recent order of the court in making chil d support payments, the 18
Administration: 19
(1) Shall suspend an obligor’s license or privilege to drive in the State; and 20
(2) May issue a work–restricted license or work–restricted privilege to 21
drive. 22
(e) The Administration shall reinstate an obligor’s license or privilege to drive in 23
the State if: 24
(1) The Administration receives a court order to reinstate the license or 25
privilege to drive; or 26
(2) The Child Support Administration notifies the Administration that: 27
(i) The individual whose license or privilege to drive was suspended 28
is not in arrears in making child support payments; 29
(ii) The obligor has paid the support arrearage in full; 30
6 HOUSE BILL 813
(iii) The obligor has demonstrated good faith by paying the ordered 1
amount of support for 6 consecutive months; 2
(iv) The obligor is a participant in full compliance in an employment 3
program approved by the Child Support Administration; or 4
(v) One of the grounds under [§ 10–119(c)(1)(i)] § 10–119(D)(1)(I) 5
of the Family Law Article exists. 6
(f) The Secretary of Transportation, in cooperation with the Secretary of Human 7
Services, THE COMPTROLLER , and the Office of Administrative Hearings, shall adopt 8
regulations to implement this section. 9
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 10
October 1, 2024. It shall remain effective for a period of 2 years and, at the end of September 11
30, 2026, this Act, with no further action required by the General Assembly, shall be 12
abrogated and of no further force and effect. 13
Approved:
________________________________________________________________________________
Governor.
________________________________________________________________________________
Speaker of the House of Delegates.
________________________________________________________________________________
President of the Senate.