MD
Maryland Senate Bill SB174

Maryland 2024 Regular Session

Maryland Senate Bill SB174 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 *sb0174*
96
107 SENATE BILL 174
118 D4 4lr1327
12- (PRE–FILED) CF HB 311
9+ (PRE–FILED) CF 4lr1326
1310 By: Senator Muse
1411 Requested: October 31, 2023
1512 Introduced and read first time: January 10, 2024
1613 Assigned to: Judicial Proceedings
17-Committee Report: Favorable with amendments
18-Senate action: Adopted
19-Read second time: March 1, 2024
2014
21-CHAPTER ______
15+A BILL ENTITLED
2216
2317 AN ACT concerning 1
2418
2519 Child Support – Suspension of Driver’s Licenses 2
2620
2721 FOR the purpose of altering provisions of law relating to the authority of the Child Support 3
2822 Enforcement Administration to notify the Motor Vehicle Administration of an 4
2923 individual’s child support arrearages for the purpose of suspending the individual’s 5
3024 driver’s license or privilege to drive under certain circumstances; and generally 6
3125 relating to the suspension of an individual’s driver’s license or privilege to drive for 7
3226 child support arrearages. 8
3327
3428 BY repealing and reenacting, with amendments, 9
3529 Article – Family Law 10
3630 Section 10–119 11
3731 Annotated Code of Maryland 12
3832 (2019 Replacement Volume and 2023 Supplement) 13
3933
4034 BY repealing and reenacting, without amendments, 14
4135 Article – Family Law 15
4236 Section 12–201(q) 16
4337 Annotated Code of Maryland 17
4438 (2019 Replacement Volume and 2023 Supplement) 18
4539
4640 BY repealing and reenacting, with amendments, 19
4741 Article – Transportation 20
48-Section 16–203 21 2 SENATE BILL 174
42+Section 16–203 21
43+ Annotated Code of Maryland 22
44+ (2020 Replacement Volume and 2023 Supplement) 23
45+
46+ SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 24
47+That the Laws of Maryland read as follows: 25
48+ 2 SENATE BILL 174
4949
5050
51- Annotated Code of Maryland 1
52- (2020 Replacement Volume and 2023 Supplement) 2
51+Article – Family Law 1
5352
54- SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 3
55-That the Laws of Maryland read as follows: 4
53+10–119. 2
5654
57-Article – Family Law 5
55+ (a) (1) In this section the following words have the meanings indicated. 3
5856
59-10–119. 6
57+ (2) “License” has the meaning stated in § 11–128 of the Transportation 4
58+Article. 5
6059
61- (a) (1) In this section the following words have the meanings indicated. 7
60+ (3) “Motor Vehicle Administration” means the Motor Vehicle 6
61+Administration of the Department of Transportation. 7
6262
63- (2) “License” has the meaning stated in § 11–128 of the Transportation 8
64-Article. 9
63+ (b) (1) Subject to the provisions of subsection (c) of this section, the 8
64+Administration may notify the Motor Vehicle Administration of an obligor [with a 9
65+noncommercial license who is 60 days or more out of compliance, or an obligor with a 10
66+commercial license] who is 120 days or more out of compliance, with the most recent order 11
67+of the court in making child support payments if: 12
6568
66- (3) “Motor Vehicle Administration” means the Motor Vehicle 10
67-Administration of the Department of Transportation. 11
69+ (i) the Administration has accepted an assignment of support under 13
70+§ 5–312(b)(2) of the Human Services Article; or 14
6871
69- (b) (1) Subject to the provisions of subsection (c) of this section, the 12
70-Administration may notify the Motor Vehicle Administration of an obligor [with a 13
71-noncommercial license who is 60 days or more out of compliance, or an obligor with a 14
72-commercial license] who is 120 days or more out of compliance, with the most recent order 15
73-of the court in making child support payments if: 16
72+ (ii) the recipient of support payments has filed an application for 15
73+support enforcement services with the Administration. 16
7474
75- (i) the Administration has accepted an assignment of support under 17
76-§ 5–312(b)(2) of the Human Services Article; or 18
75+ (2) Upon notification by the Administration under this subsection, the 17
76+Motor Vehicle Administration: 18
7777
78- (ii) the recipient of support payments has filed an application for 19
79-support enforcement services with the Administration. 20
78+ (i) shall suspend the obligor’s license or privilege to drive in the 19
79+State; and 20
8080
81- (2) Upon notification by the Administration under this subsection, the 21
82-Motor Vehicle Administration: 22
81+ (ii) may issue a work–restricted license or work–restricted privilege 21
82+to drive in the State in accordance with § 16–203 of the Transportation Article. 22
8383
84- (i) shall suspend the obligor’s license or privilege to drive in the 23
85-State; and 24
84+ (3) THE ADMINISTRATION MAY NO T USE A RANDOMIZED L OTTERY 23
85+SYSTEM TO SELECT OBL IGORS FOR THE PURPOS E OF NOTIFICATION OF THE MOTOR 24
86+VEHICLE ADMINISTRATION UNDER THIS SECTION. 25
8687
87- (ii) may issue a work–restricted license or work–restricted privilege 25
88-to drive in the State in accordance with § 16–203 of the Transportation Article. 26
88+ (c) (1) (I) Before supplying any information to the Motor Vehicle 26
89+Administration under this section, the Administration shall[: 27
8990
90- (3) THE ADMINISTRATIO N MAY NOT USE A RAND OMIZED LOTTERY 27
91-SYSTEM TO SELECT OBL IGORS FOR THE PURPOS E OF NOTIFICATION OF THE MOTOR 28
92-VEHICLE ADMINISTRATION UNDER THIS SECTION. 29
91+ (i) send written notice of the proposed action to the obligor, 28
92+including notice of the obligor’s right to request an investigation on any of the following 29
93+grounds: 30
9394
94- (c) (1) (I) Before supplying any information to the Motor Vehicle 30
95-Administration under this section, the Administration shall[: 31
96- SENATE BILL 174 3
95+ 1. the information regarding the reported arrearage is 31
96+inaccurate; 32 SENATE BILL 174 3
9797
9898
99- (i) send written notice of the proposed action to the obligor, 1
100-including notice of the obligor’s right to request an investigation on any of the following 2
101-grounds: 3
10299
103- 1. the information regarding the reported arrearage is 4
104-inaccurate; 5
100+ 2. suspension of the obligor’s license or privilege to drive 1
101+would be an impediment to the obligor’s current or potential employment; or 2
105102
106- 2. suspension of the obligor’s license or privilege to drive 6
107-would be an impediment to the obligor’s current or potential employment; or 7
103+ 3. suspension of the obligor’s license or privilege to drive 3
104+would place an undue hardship on the obligor because of the obligor’s: 4
108105
109- 3. suspension of the obligor’s license or privilege to drive 8
110-would place an undue hardship on the obligor because of the obligor’s: 9
106+ A. documented disability resulting in a verified inability to 5
107+work; or 6
111108
112- A. documented disability resulting in a verified inability to 10
113-work; or 11
109+ B. inability to comply with the court order; and 7
114110
115- B. inability to comply with the court order; and 12
111+ (ii) give the obligor a reasonable opportunity to request an 8
112+investigation of the proposed action of the Administration. 9
116113
117- (ii) give the obligor a reasonable opportunity to request an 13
118-investigation of the proposed action of the Administration. 14
114+ (2) (i) Upon receipt of a request for investigation from the obligor, the 10
115+Administration shall conduct an investigation to determine if any of the grounds under 11
116+paragraph (1)(i) of this subsection exist. 12
119117
120- (2) (i) Upon receipt of a request for investigation from the obligor, the 15
121-Administration shall conduct an investigation to determine if any of the grounds under 16
122-paragraph (1)(i) of this subsection exist. 17
118+ (ii) The Administration shall: 13
123119
124- (ii) The Administration shall: 18
120+ 1. send a copy of the obligor’s request for an investigation to 14
121+the obligee by first–class mail; 15
125122
126- 1. send a copy of the obligor’s request for an investigation to 19
127-the obligee by first–class mail; 20
123+ 2. give the obligee a reasonable opportunity to respond; and 16
128124
129- 2. give the obligee a reasonable opportunity to respond; and 21
125+ 3. consider the obligee’s response. 17
130126
131- 3. consider the obligee’s response. 22
127+ (iii) Upon completion of the investigation, the Administration shall 18
128+notify the obligor of the results of the investigation and the obligor’s right to appeal to the 19
129+Office of Administrative Hearings. 20
132130
133- (iii) Upon completion of the investigation, the Administration shall 23
134-notify the obligor of the results of the investigation and the obligor’s right to appeal to the 24
135-Office of Administrative Hearings. 25
131+ (3) (i) An appeal under this section shall be conducted in accordance 21
132+with Title 10, Subtitle 2 of the State Government Article. 22
136133
137- (3) (i) An appeal under this section shall be conducted in accordance 26
138-with Title 10, Subtitle 2 of the State Government Article. 27
134+ (ii) An appeal shall be made in writing and shall be received by the 23
135+Office of Administrative Hearings within 20 days after the notice to the obligor of the 24
136+results of the investigation. 25
139137
140- (ii) An appeal shall be made in writing and shall be received by the 28
141-Office of Administrative Hearings within 20 days after the notice to the obligor of the 29
142-results of the investigation. 30
138+ (4) If, after the investigation or appeal to the Office of Administrative 26
139+Hearings, the Administration finds that one of the grounds under paragraph (1)(i) of this 27
140+subsection exists, the Administration may not send any information about the obligor to 28
141+the Motor Vehicle Administration. 29
143142
144- (4) If, after the investigation or appeal to the Office of Administrative 31
145-Hearings, the Administration finds that one of the grounds under paragraph (1)(i) of this 32 4 SENATE BILL 174
143+ (5) The Administration may not send any information about an obligor to 30
144+the Motor Vehicle Administration if: 31
145+ 4 SENATE BILL 174
146146
147147
148-subsection exists, the Administration may not send any information about the obligor to 1
149-the Motor Vehicle Administration. 2
148+ (i) the Administration reaches an agreement with the obligor 1
149+regarding a scheduled payment of the obligor’s child support arrearage or a court issues an 2
150+order for a scheduled payment of the child support arrearage; and 3
150151
151- (5) The Administration may not send any information about an obligor to 3
152-the Motor Vehicle Administration if: 4
152+ (ii) the obligor is complying with the agreement or court order] 4
153+PETITION THE COURT T O MAKE A FINDING THA T SUSPENSION OF THE OBLIGOR’S 5
154+LICENSE OR PRIVILEGE TO DRIVE IS APPROPRI ATE UNDER THE PROVIS IONS OF THIS 6
155+SUBSECTION . 7
153156
154- (i) the Administration reaches an agreement with the obligor 5
155-regarding a scheduled payment of the obligor’s child support arrearage or a court issues an 6
156-order for a scheduled payment of the child support arrearage; and 7
157+ (II) IF, AFTER A HEARING , THE COURT DETERMINES THAT 8
158+SUSPENSION OF THE OB LIGOR’S LICENSE OR PRIVILE GE TO DRIVE IS APPRO PRIATE, 9
159+THE ADMINISTRATION MAY NO TIFY THE MOTOR VEHICLE ADMINISTRATION . 10
157160
158- (ii) the obligor is complying with the agreement or court order] 8
159-PETITION THE COURT T O MAKE A FINDING THA T SUSPENSION OF THE OBLIGOR’S 9
160-LICENSE OR PRIV ILEGE TO DRIVE IS AP PROPRIATE UNDER THE PROVISIONS OF THIS 10
161-SUBSECTION . 11
161+ (2) THE COURT MAY MAKE A FINDING THAT SUSPENS ION OF THE 11
162+OBLIGOR’S LICENSE OR PRIVILE GE TO DRIVE IS APPROPRIA TE IF THE 12
163+ADMINISTRATION PROVES BY CLEAR AND CONVINC ING EVIDENCE THAT : 13
162164
163- (II) IF, AFTER A HEARING , THE COURT DETERMINES THAT 12
164-SUSPENSION OF THE OB LIGOR’S LICENSE OR PRIVILE GE TO DRIVE IS APPRO PRIATE, 13
165-THE ADMINISTRATION MAY NO TIFY THE MOTOR VEHICLE ADMINISTRATION. 14
165+ (I) THE OBLIGOR HAS THE FUNDS TO PAY THE ARR EARAGE 14
166+BALANCE, BUT IS MAKING THE FR EE AND CONSCIOUS CHO ICE TO WITHHOLD 15
167+PAYMENT OR IS VOLUNT ARILY IMPOVERISHED , AS DEFINED IN § 12–201(Q) OF THIS 16
168+ARTICLE; AND 17
166169
167- (2) THE COURT MAY MAKE A FINDING THAT SUSPENS ION OF THE 15
168-OBLIGOR’S LICENSE OR PRIVILE GE TO DRIVE IS APPRO PRIATE IF THE 16
169-ADMINISTRATION PROVES BY CLEAR AND CONVINC ING EVIDENCE THAT : 17
170+ (II) THE ADMINISTRATION HAS EX HAUSTED ALL OTHER 18
171+AVAILABLE COLLECTION AND ENFORCEMENT MECH ANISMS TO COLLECT TH E 19
172+ARREARAGE BALANCE . 20
170173
171- (I) THE OBLIGOR HAS THE FUNDS TO PAY THE ARR EARAGE 18
172-BALANCE, BUT IS MAKING THE FR EE AND CONSCIOUS CHO ICE TO WITHHOLD 19
173-PAYMENT OR IS VOLUNT ARILY IMPOVERISHED , AS DEFINED IN § 12–201(Q) OF THIS 20
174-ARTICLE; AND 21
174+ (3) THE COURT MAY NOT MAK E A FINDING THAT SUS PENSION OF THE 21
175+OBLIGOR’S LICENSE OR PRIVILEGE TO D RIVE IS APPROPRIATE IF: 22
175176
176- (II) THE ADMINISTRATION HAS EX HAUSTED ALL OTHER 22
177-AVAILABLE COLLECTION AND ENFORCEMENT MECH ANISMS TO COLLECT T HE 23
178-ARREARAGE BALANCE THE OBLIGOR IS 120 DAYS OR MORE OUT OF COMPLIANCE 24
179-WITH THE MOST RECENT CHILD SUPPORT ORDER . 25
177+ (I) THE OBLIGOR PROVES B Y A PREPONDERANCE OF THE 23
178+EVIDENCE THAT SUSPEN SION OF THE OBLIGOR ’S LICENSE OR PRIVILE GE TO DRIVE 24
179+WOULD PLACE AN UNDUE HARDSHIP ON THE OBLI GOR OR THE FAMILY BE CAUSE OF 25
180+ANY OF THE FOLLOW ING FACTORS: 26
180181
181- (3) THE COURT MAY NOT MAK E A FINDING THAT SUS PENSION OF THE 26
182-OBLIGOR’S LICENSE OR PRIVILE GE TO DRIVE IS APPRO PRIATE IF: 27
182+ 1. THE MINOR CHILD IS R ESIDING PRIMARILY WI TH THE 27
183+OBLIGOR; 28
183184
184- (I) THE OBLIGOR PROVES BY A PREPONDE RANCE OF THE 28
185-EVIDENCE THAT SUSPEN SION OF THE OBLIGOR ’S LICENSE OR PRIVILE GE TO DRIVE 29
186-WOULD PLACE AN UNDUE HARDSHIP ON THE OBLI GOR OR THE FAMILY BE CAUSE OF 30
187-ANY OF THE FOLLOWING FACTORS: 31
185+ 2. THE OBLIGOR HAS A DO CUMENTED DISABILITY 29
186+RESULTING IN A VERIF IED INABILITY TO WOR K; 30
188187
189- 1. THE MINOR CHILD IS R ESIDING PRIMARILY WI TH THE 32
190-OBLIGOR; 33
188+ 3. THE OBLIGOR IS UNABL E TO COMPLY WITH THE 31
189+TERMS OF A COURT ORD ER; 32
191190 SENATE BILL 174 5
192191
193192
194- 2. THE OBLIGOR HAS A DO CUMENTED DISABILITY 1
195-RESULTING IN A VERIF IED INABILITY TO WOR K; 2
193+ 4. SUSPENSION OF THE OBLIGOR ’S LICENSE OR 1
194+PRIVILEGE TO DRIVE W OULD BE AN IMPEDIMEN T TO THE OBLIGOR ’S ABILITY TO 2
195+VISIT THE MINOR CHIL D OR ASSIST THE CUST ODIAL PARENT WITH TH E 3
196+TRANSPORTATION NEEDS OF THE MINOR CHILD ; 4
196197
197- 3. THE OBLIGOR IS UNABL E TO COMPLY WITH THE 3
198-TERMS OF A COURT ORD ER; 4
198+ 5. SUSPENSION OF THE OB LIGOR’S LICENSE OR 5
199+PRIVILEGE TO DRIVE W OULD BE AN IMPEDIMEN T TO CURRENT OR POTE NTIAL 6
200+EMPLOYMENT ; 7
199201
200- 4. SUSPENSION OF THE OB LIGOR’S LICENSE OR 5
201-PRIVILEGE TO DRIVE W OULD BE AN IMPEDIMENT TO THE OB LIGOR’S ABILITY TO 6
202-VISIT THE MINOR CHIL D OR ASSIST THE CUST ODIAL PARENT WITH TH E 7
203-TRANSPORTATION NEEDS OF THE MINOR CHILD ; 8
202+ 6. THE OBLIGOR DOES NOT HAVE THE ABILITY TO PAY 8
203+AND IS MAKING REASON ABLE EFFORTS TO BECO ME OR REMAIN EMPLOYE D; OR 9
204204
205- 5. 4. SUSPENSION OF THE OB LIGOR’S LICENSE OR 9
206-PRIVILEGE TO DRIVE W OULD BE AN IMPEDIMEN T TO CURRENT OR POTE NTIAL 10
207-EMPLOYMENT ; 11
205+ 7. ANY OTHER CIRCUMSTAN CE THAT THE COURT 10
206+DETERMINES WO ULD PLACE AN UNDUE H ARDSHIP ON THE OBLIG OR OR THE FAMILY ; 11
208207
209- 6. 5. THE OBLIGOR DOES NOT HAVE THE ABILITY TO PAY 12
210-MORE THAN WHAT THE O BLIGOR HAS ACTUALLY PAID AND IS MAKING REASON ABLE 13
211-EFFORTS TO BECOME OR REMAIN EMPLOYED ; OR 14
208+ (II) THE INFORMATION REGA RDING THE REPORTED 12
209+ARREARAGE IS INACCUR ATE; OR 13
212210
213- 7. 6. ANY OTHER CIRCUMSTAN CE THAT THE COURT 15
214-DETERMINES WOULD PLA CE AN UNDUE HARDSHIP ON TH E OBLIGOR, THE 16
215-CUSTODIAL PARTY , OR THE FAMILY ANY MINOR CHILDREN C OVERED UNDER THE 17
216-CHILD SUPPORT ORDER ; 18
211+ (III) 1. THE ADMINISTRATION REACHE S AN AGREEMENT 14
212+WITH THE OBLIGOR , INCLUDING THROUGH A PAYMENT INCENTIVE PR OGRAM FOR A 15
213+SCHEDULED PAYMENT OF THE ARREARAGES , OR THE COURT ISSUES AN ORDER FOR 16
214+A SCHEDULED PAYMENT OF THE ARREARAGES ; AND 17
217215
218- (II) THE INFORMATION REGA RDING THE REPORTED 19
219-ARREARAGE IS INACCUR ATE; OR 20
216+ 2. THE COURT DETERMINES THAT THE OBLIGOR IS 18
217+COMPLYING WITH THE A GREEMENT OR THE ORDE R. 19
220218
221- (III) 1. THE ADMINISTRATION REACHE S AN AGREEMENT 21
222-WITH THE OBLIGOR , INCLUDING THROUGH A PAYMENT INCENTIVE PR OGRAM FOR A 22
223-SCHEDULED PAYMENT OF THE ARREARAGES , OR THE COURT ISSUES AN ORDER FOR 23
224-A SCHEDULED PAYMENT OF THE ARREARAGES ; AND 24
219+ (d) (1) (I) [If, after] AFTER information about an obligor is supplied to the 20
220+Motor Vehicle Administration, IF THE ADMINISTRATION OR THE COURT FINDS THAT 21
221+the obligor’s arrearage is paid in full, the obligor has demonstrated good faith by paying 22
222+the ordered amount of support for 6 consecutive months, the obligor is a participant in full 23
223+compliance in an employment program approved by the Administration, or the 24
224+Administration finds that one of the grounds under subsection [(c)(1)(i)] (C)(3) of this 25
225+section exists, the Administration shall notify the Motor Vehicle Administration to 26
226+reinstate the obligor’s license or privilege to drive. 27
225227
226- 2. THE COURT DETERMINES THAT THE OBLIGOR IS 25
227-COMPLYING WITH THE A GREEMENT OR THE ORDER . 26
228+ (II) THE OBLIGOR MAY MAKE A REQUEST FOR REINST ATEMENT 28
229+OF THE OBLIGOR ’S LICENSE OR PRIVILE GE TO DRIVE WITH THE ADMINISTRATION 29
230+OR WITH THE COURT . 30
228231
229- (d) (1) (I) [If, after] AFTER information about an obligor is supplied to the 27
230-Motor Vehicle Administration, IF THE ADMINISTRATION OR THE COURT FINDS THAT 28
231-the obligor’s arrearage is paid in full, the obligor has demonstrated good faith by paying 29
232-the ordered amount of support for 6 consecutive months, the obligor is a participant in full 30
233-compliance in an employment program approved by the Administration, or the 31
234-Administration finds that one of the grounds under subsection [(c)(1)(i)] (C)(3) of this 32
235-section exists, the Administration shall notify the Motor Vehicle Administration to 33
236-reinstate the obligor’s license or privilege to drive. 34
232+ (2) [The] ON REQUEST OF THE OBL IGOR, THE Administration [may] 31
233+SHALL request that the Motor Vehicle Administration expunge a record of a suspension of 32
234+a license or privilege to drive for failure to pay child support: 33
237235 6 SENATE BILL 174
238236
239237
240- (II) THE OBLIGOR MAY MAKE A REQUEST FOR R EINSTATEMENT 1
241-OF THE OBLIGOR ’S LICENSE OR PRIVILE GE TO DRIVE WITH THE ADMINISTRATION 2
242-OR WITH THE COURT . 3
238+ (i) for an obligor who is enrolled in and compliant with an 1
239+employment program approved by the Administration; or 2
243240
244- (2) [The] ON REQUEST OF THE OBL IGOR, THE Administration [may] 4
245-SHALL request that the Motor Vehicle Administration expunge a record of a suspension of 5
246-a license or privilege to drive for failure to pay child support: 6
241+ (ii) if the information reported by the Administration that led to the 3
242+suspension was inaccurate. 4
247243
248- (i) for an obligor who is enrolled in and compliant with an 7
249-employment program approved by the Administration; or 8
244+ (e) The Secretary of Human Services, in cooperation with the Secretary of 5
245+Transportation and the [Office of Administrative Hearings] COURTS, shall adopt 6
246+regulations to implement this section. 7
250247
251- (ii) if the information reported by the Administration that led to the 9
252-suspension was inaccurate. 10
248+12–201. 8
253249
254- (e) The Secretary of Human Services, in cooperation with the Secretary of 11
255-Transportation and the [Office of Administrative Hearings] COURTS, shall adopt 12
256-regulations to implement this section. 13
250+ (q) “Voluntarily impoverished” means that a parent has made the free and 9
251+conscious choice, not compelled by factors beyond the parent’s control, to render the parent 10
252+without adequate resources. 11
257253
258-12–201. 14
254+Article – Transportation 12
259255
260- (q) “Voluntarily impoverished” means that a parent has made the free and 15
261-conscious choice, not compelled by factors beyond the parent’s control, to render the parent 16
262-without adequate resources. 17
256+16–203. 13
263257
264-Article – Transportation 18
258+ (a) In this section, “Child Support Administration” means the Child Support 14
259+Administration of the Department of Human Services. 15
265260
266-16–203. 19
261+ (b) On notification by the Child Support Administration in accordance with § 16
262+10–119 of the Family Law Article that an obligor is [60] 120 days or more out of compliance 17
263+with the most recent order of the court in making child support payments, the 18
264+Administration: 19
267265
268- (a) In this section, “Child Support Administration” means the Child Support 20
269-Administration of the Department of Human Services. 21
266+ (1) Shall suspend an obligor’s license or privilege to drive in the State; and 20
270267
271- (b) On notification by the Child Support Administration in accordance with § 22
272-10–119 of the Family Law Article that an obligor is [60] 120 days or more out of compliance 23
273-with the most recent order of the court in making child support payments, the 24
274-Administration: 25
268+ (2) May issue a work–restricted license or work–restricted privilege to 21
269+drive. 22
275270
276- (1) Shall suspend an obligor’s license or privilege to drive in the State; and 26
271+ (c) (1) Prior to the suspension of a license or the privilege to drive in the State 23
272+and the issuance of a work–restricted license or work–restricted privilege to drive under 24
273+subsection (b) of this section, the Administration shall send written notice of the proposed 25
274+action to the obligor, including notice of the obligor’s right to contest the accuracy of the 26
275+information. 27
277276
278- (2) May issue a work–restricted license or work–restricted privilege to 27
279-drive. 28
277+ (2) Any contest under this subsection shall be limited to whether the 28
278+Administration has mistaken the identity of the obligor or the individual whose license or 29
279+privilege to drive has been suspended. 30
280280
281- (c) (1) Prior to the suspension of a license or the privilege to drive in the State 29
282-and the issuance of a work–restricted license or work–restricted privilege to drive under 30
283-subsection (b) of this section, the Administration shall send written notice of the proposed 31
284-action to the obligor, including notice of the obligor’s right to contest the accuracy of the 32
285-information. 33 SENATE BILL 174 7
281+ (d) (1) An obligor may appeal a decision of the Administration to suspend the 31
282+obligor’s license or privilege to drive. 32
283+ SENATE BILL 174 7
286284
287285
286+ (2) At a hearing under this subsection, the issue shall be limited to whether 1
287+the Administration has mistaken the identity of the obligor or the individual whose license 2
288+or privilege to drive has been suspended. 3
288289
289- (2) Any contest under this subsection shall be limited to whether the 1
290-Administration has mistaken the identity of the obligor or the individual whose license or 2
291-privilege to drive has been suspended. 3
290+ (e) The Administration shall reinstate an obligor’s license or privilege to drive in 4
291+the State if: 5
292292
293- (d) (1) An obligor may appeal a decision of the Administration to suspend the 4
294-obligor’s license or privilege to drive. 5
293+ (1) The Administration receives a court order to reinstate the license or 6
294+privilege to drive; or 7
295295
296- (2) At a hearing under this subsection, the issue shall be limited to whether 6
297-the Administration has mistaken the identity of the obligor or the individual whose license 7
298-or privilege to drive has been suspended. 8
296+ (2) The Child Support Administration notifies the Administration that: 8
299297
300- (e) The Administration shall reinstate an obligor’s license or privilege to drive in 9
301-the State if: 10
298+ (i) The individual whose license or privilege to drive was suspended 9
299+is not in arrears in making child support payments; 10
302300
303- (1) The Administration receives a court order to reinstate the license or 11
304-privilege to drive; or 12
301+ (ii) The obligor has paid the support arrearage in full; 11
305302
306- (2) The Child Support Administration notifies the Administration that: 13
303+ (iii) The obligor has demonstrated good faith by paying the ordered 12
304+amount of support for 6 consecutive months; 13
307305
308- (i) The individual whose license or privilege to drive was suspended 14
309-is not in arrears in making child support payments; 15
306+ (iv) The obligor is a participant in full compliance in an employment 14
307+program approved by the Child Support Administration; or 15
310308
311- (ii) The obligor has paid the support arrearage in full; 16
309+ (v) One of the grounds under [§ 10–119(c)(1)(i)] § 10–119(C)(3) of 16
310+the Family Law Article exists. 17
312311
313- (iii) The obligor has demonstrated good faith by paying the ordered 17
314-amount of support for 6 consecutive months; 18
312+ (f) The Secretary of Transportation, in cooperation with the Secretary of Human 18
313+Services and the Office of Administrative Hearings, shall adopt regulations to implement 19
314+this section. 20
315315
316- (iv) The obligor is a participant in full compliance in an employment 19
317-program approved by the Child Support Administration; or 20
316+ SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 21
317+October 1, 2024. 22
318318
319- (v) One of the grounds under [§ 10–119(c)(1)(i)] § 10–119(C)(3) of 21
320-the Family Law Article exists. 22
321-
322- (f) The Secretary of Transportation, in cooperation with the Secretary of Human 23
323-Services and the Office of Administrative Hearings, shall adopt regulations to implement 24
324-this section. 25
325-
326- SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 26
327-October 1, 2024. 27