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.
*sb0174*
SENATE BILL 174
D4 4lr1327
(PRE–FILED) CF HB 311
By: Senator Muse
Requested: October 31, 2023
Introduced and read first time: January 10, 2024
Assigned to: Judicial Proceedings
Committee Report: Favorable with amendments
Senate action: Adopted
Read second time: March 1, 2024
CHAPTER ______
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 2 SENATE BILL 174
Annotated Code of Maryland 1
(2020 Replacement Volume and 2023 Supplement) 2
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 3
That the Laws of Maryland read as follows: 4
Article – Family Law 5
10–119. 6
(a) (1) In this section the following words have the meanings indicated. 7
(2) “License” has the meaning stated in § 11–128 of the Transportation 8
Article. 9
(3) “Motor Vehicle Administration” means the Motor Vehicle 10
Administration of the Department of Transportation. 11
(b) (1) Subject to the provisions of subsection (c) of this section, the 12
Administration may notify the Motor Vehicle Administration of an obligor [with a 13
noncommercial license who is 60 days or more out of compliance, or an obligor with a 14
commercial license] who is 120 days or more out of compliance, with the most recent order 15
of the court in making child support payments if: 16
(i) the Administration has accepted an assignment of support under 17
§ 5–312(b)(2) of the Human Services Article; or 18
(ii) the recipient of support payments has filed an application for 19
support enforcement services with the Administration. 20
(2) Upon notification by the Administration under this subsection, the 21
Motor Vehicle Administration: 22
(i) shall suspend the obligor’s license or privilege to drive in the 23
State; and 24
(ii) may issue a work–restricted license or work–restricted privilege 25
to drive in the State in accordance with § 16–203 of the Transportation Article. 26
(3) THE ADMINISTRATIO N MAY NOT USE A RAND OMIZED LOTTERY 27
SYSTEM TO SELECT OBL IGORS FOR THE PURPOS E OF NOTIFICATION OF THE MOTOR 28
VEHICLE ADMINISTRATION UNDER THIS SECTION. 29
(c) (1) (I) Before supplying any information to the Motor Vehicle 30
Administration under this section, the Administration shall[: 31
SENATE BILL 174 3
(i) send written notice of the proposed action to the obligor, 1
including notice of the obligor’s right to request an investigation on any of the following 2
grounds: 3
1. the information regarding the reported arrearage is 4
inaccurate; 5
2. suspension of the obligor’s license or privilege to drive 6
would be an impediment to the obligor’s current or potential employment; or 7
3. suspension of the obligor’s license or privilege to drive 8
would place an undue hardship on the obligor because of the obligor’s: 9
A. documented disability resulting in a verified inability to 10
work; or 11
B. inability to comply with the court order; and 12
(ii) give the obligor a reasonable opportunity to request an 13
investigation of the proposed action of the Administration. 14
(2) (i) Upon receipt of a request for investigation from the obligor, the 15
Administration shall conduct an investigation to determine if any of the grounds under 16
paragraph (1)(i) of this subsection exist. 17
(ii) The Administration shall: 18
1. send a copy of the obligor’s request for an investigation to 19
the obligee by first–class mail; 20
2. give the obligee a reasonable opportunity to respond; and 21
3. consider the obligee’s response. 22
(iii) Upon completion of the investigation, the Administration shall 23
notify the obligor of the results of the investigation and the obligor’s right to appeal to the 24
Office of Administrative Hearings. 25
(3) (i) An appeal under this section shall be conducted in accordance 26
with Title 10, Subtitle 2 of the State Government Article. 27
(ii) An appeal shall be made in writing and shall be received by the 28
Office of Administrative Hearings within 20 days after the notice to the obligor of the 29
results of the investigation. 30
(4) If, after the investigation or appeal to the Office of Administrative 31
Hearings, the Administration finds that one of the grounds under paragraph (1)(i) of this 32 4 SENATE BILL 174
subsection exists, the Administration may not send any information about the obligor to 1
the Motor Vehicle Administration. 2
(5) The Administration may not send any information about an obligor to 3
the Motor Vehicle Administration if: 4
(i) the Administration reaches an agreement with the obligor 5
regarding a scheduled payment of the obligor’s child support arrearage or a court issues an 6
order for a scheduled payment of the child support arrearage; and 7
(ii) the obligor is complying with the agreement or court order] 8
PETITION THE COURT T O MAKE A FINDING THA T SUSPENSION OF THE OBLIGOR’S 9
LICENSE OR PRIV ILEGE TO DRIVE IS AP PROPRIATE UNDER THE PROVISIONS OF THIS 10
SUBSECTION . 11
(II) IF, AFTER A HEARING , THE COURT DETERMINES THAT 12
SUSPENSION OF THE OB LIGOR’S LICENSE OR PRIVILE GE TO DRIVE IS APPRO PRIATE, 13
THE ADMINISTRATION MAY NO TIFY THE MOTOR VEHICLE ADMINISTRATION. 14
(2) THE COURT MAY MAKE A FINDING THAT SUSPENS ION OF THE 15
OBLIGOR’S LICENSE OR PRIVILE GE TO DRIVE IS APPRO PRIATE IF THE 16
ADMINISTRATION PROVES BY CLEAR AND CONVINC ING EVIDENCE THAT : 17
(I) THE OBLIGOR HAS THE FUNDS TO PAY THE ARR EARAGE 18
BALANCE, BUT IS MAKING THE FR EE AND CONSCIOUS CHO ICE TO WITHHOLD 19
PAYMENT OR IS VOLUNT ARILY IMPOVERISHED , AS DEFINED IN § 12–201(Q) OF THIS 20
ARTICLE; AND 21
(II) THE ADMINISTRATION HAS EX HAUSTED ALL OTHER 22
AVAILABLE COLLECTION AND ENFORCEMENT MECH ANISMS TO COLLECT T HE 23
ARREARAGE BALANCE THE OBLIGOR IS 120 DAYS OR MORE OUT OF COMPLIANCE 24
WITH THE MOST RECENT CHILD SUPPORT ORDER . 25
(3) THE COURT MAY NOT MAK E A FINDING THAT SUS PENSION OF THE 26
OBLIGOR’S LICENSE OR PRIVILE GE TO DRIVE IS APPRO PRIATE IF: 27
(I) THE OBLIGOR PROVES BY A PREPONDE RANCE OF THE 28
EVIDENCE THAT SUSPEN SION OF THE OBLIGOR ’S LICENSE OR PRIVILE GE TO DRIVE 29
WOULD PLACE AN UNDUE HARDSHIP ON THE OBLI GOR OR THE FAMILY BE CAUSE OF 30
ANY OF THE FOLLOWING FACTORS: 31
1. THE MINOR CHILD IS R ESIDING PRIMARILY WI TH THE 32
OBLIGOR; 33
SENATE BILL 174 5
2. THE OBLIGOR HAS A DO CUMENTED DISABILITY 1
RESULTING IN A VERIF IED INABILITY TO WOR K; 2
3. THE OBLIGOR IS UNABL E TO COMPLY WITH THE 3
TERMS OF A COURT ORD ER; 4
4. SUSPENSION OF THE OB LIGOR’S LICENSE OR 5
PRIVILEGE TO DRIVE W OULD BE AN IMPEDIMENT TO THE OB LIGOR’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 ; 8
5. 4. SUSPENSION OF THE OB LIGOR’S LICENSE OR 9
PRIVILEGE TO DRIVE W OULD BE AN IMPEDIMEN T TO CURRENT OR POTE NTIAL 10
EMPLOYMENT ; 11
6. 5. THE OBLIGOR DOES NOT HAVE THE ABILITY TO PAY 12
MORE THAN WHAT THE O BLIGOR HAS ACTUALLY PAID AND IS MAKING REASON ABLE 13
EFFORTS TO BECOME OR REMAIN EMPLOYED ; OR 14
7. 6. ANY OTHER CIRCUMSTAN CE THAT THE COURT 15
DETERMINES WOULD PLA CE AN UNDUE HARDSHIP ON TH E OBLIGOR, THE 16
CUSTODIAL PARTY , OR THE FAMILY ANY MINOR CHILDREN C OVERED UNDER THE 17
CHILD SUPPORT ORDER ; 18
(II) THE INFORMATION REGA RDING THE REPORTED 19
ARREARAGE IS INACCUR ATE; OR 20
(III) 1. THE ADMINISTRATION REACHE S AN AGREEMENT 21
WITH THE OBLIGOR , INCLUDING THROUGH A PAYMENT INCENTIVE PR OGRAM FOR A 22
SCHEDULED PAYMENT OF THE ARREARAGES , OR THE COURT ISSUES AN ORDER FOR 23
A SCHEDULED PAYMENT OF THE ARREARAGES ; AND 24
2. THE COURT DETERMINES THAT THE OBLIGOR IS 25
COMPLYING WITH THE A GREEMENT OR THE ORDER . 26
(d) (1) (I) [If, after] AFTER information about an obligor is supplied to the 27
Motor Vehicle Administration, IF THE ADMINISTRATION OR THE COURT FINDS THAT 28
the obligor’s arrearage is paid in full, the obligor has demonstrated good faith by paying 29
the ordered amount of support for 6 consecutive months, the obligor is a participant in full 30
compliance in an employment program approved by the Administration, or the 31
Administration finds that one of the grounds under subsection [(c)(1)(i)] (C)(3) of this 32
section exists, the Administration shall notify the Motor Vehicle Administration to 33
reinstate the obligor’s license or privilege to drive. 34
6 SENATE BILL 174
(II) THE OBLIGOR MAY MAKE A REQUEST FOR R EINSTATEMENT 1
OF THE OBLIGOR ’S LICENSE OR PRIVILE GE TO DRIVE WITH THE ADMINISTRATION 2
OR WITH THE COURT . 3
(2) [The] ON REQUEST OF THE OBL IGOR, THE Administration [may] 4
SHALL request that the Motor Vehicle Administration expunge a record of a suspension of 5
a license or privilege to drive for failure to pay child support: 6
(i) for an obligor who is enrolled in and compliant with an 7
employment program approved by the Administration; or 8
(ii) if the information reported by the Administration that led to the 9
suspension was inaccurate. 10
(e) The Secretary of Human Services, in cooperation with the Secretary of 11
Transportation and the [Office of Administrative Hearings] COURTS, shall adopt 12
regulations to implement this section. 13
12–201. 14
(q) “Voluntarily impoverished” means that a parent has made the free and 15
conscious choice, not compelled by factors beyond the parent’s control, to render the parent 16
without adequate resources. 17
Article – Transportation 18
16–203. 19
(a) In this section, “Child Support Administration” means the Child Support 20
Administration of the Department of Human Services. 21
(b) On notification by the Child Support Administration in accordance with § 22
10–119 of the Family Law Article that an obligor is [60] 120 days or more out of compliance 23
with the most recent order of the court in making child support payments, the 24
Administration: 25
(1) Shall suspend an obligor’s license or privilege to drive in the State; and 26
(2) May issue a work–restricted license or work–restricted privilege to 27
drive. 28
(c) (1) Prior to the suspension of a license or the privilege to drive in the State 29
and the issuance of a work–restricted license or work–restricted privilege to drive under 30
subsection (b) of this section, the Administration shall send written notice of the proposed 31
action to the obligor, including notice of the obligor’s right to contest the accuracy of the 32
information. 33 SENATE BILL 174 7
(2) Any contest under this subsection shall be limited to whether the 1
Administration has mistaken the identity of the obligor or the individual whose license or 2
privilege to drive has been suspended. 3
(d) (1) An obligor may appeal a decision of the Administration to suspend the 4
obligor’s license or privilege to drive. 5
(2) At a hearing under this subsection, the issue shall be limited to whether 6
the Administration has mistaken the identity of the obligor or the individual whose license 7
or privilege to drive has been suspended. 8
(e) The Administration shall reinstate an obligor’s license or privilege to drive in 9
the State if: 10
(1) The Administration receives a court order to reinstate the license or 11
privilege to drive; or 12
(2) The Child Support Administration notifies the Administration that: 13
(i) The individual whose license or privilege to drive was suspended 14
is not in arrears in making child support payments; 15
(ii) The obligor has paid the support arrearage in full; 16
(iii) The obligor has demonstrated good faith by paying the ordered 17
amount of support for 6 consecutive months; 18
(iv) The obligor is a participant in full compliance in an employment 19
program approved by the Child Support Administration; or 20
(v) One of the grounds under [§ 10–119(c)(1)(i)] § 10–119(C)(3) of 21
the Family Law Article exists. 22
(f) The Secretary of Transportation, in cooperation with the Secretary of Human 23
Services and the Office of Administrative Hearings, shall adopt regulations to implement 24
this section. 25
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 26
October 1, 2024. 27