EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
*hb0110*
HOUSE BILL 110
D4 5lr1458
(PRE–FILED) CF SB 106
By: Delegates Simpson and Taylor
Requested: October 29, 2024
Introduced and read first time: January 8, 2025
Assigned to: Judiciary
A BILL ENTITLED
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 2024 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 2024 Supplement) 18
BY repealing and reenacting, with amendments, 19
Article – Transportation 20
Section 16–203 21
Annotated Code of Maryland 22
(2020 Replacement Volume and 2024 Supplement) 23
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 24
That the Laws of Maryland read as follows: 25
2 HOUSE BILL 110
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) Subject to the provisions of subsection (c) of this section, the 8
Administration may notify the Motor Vehicle Administration of an obligor [with a 9
noncommercial license who is 60 days or more out of compliance, or an obligor with a 10
commercial license] who is 120 days or more out of compliance[,] with the most recent order 11
of the court in making child support payments if: 12
(i) the Administration has accepted an assignment of support under 13
§ 5–312(b)(2) of the Human Services Article; or 14
(ii) the recipient of support payments has filed an application for 15
support enforcement services with the Administration. 16
(2) Upon notification by the Administration under this subsection, the 17
Motor Vehicle Administration: 18
(i) shall suspend the obligor’s license or privilege to drive in the 19
State; and 20
(ii) may issue a work–restricted license or work–restricted privilege 21
to drive in the State in accordance with § 16–203 of the Transportation Article. 22
(c) (1) (I) 1. Before supplying any information to the Motor Vehicle 23
Administration under this section, AND AFTER MAKING REASONABLE ATTEMPTS TO 24
NOTIFY THE OBLIGO R OF NONCOMPLIANCE STA TUS, the Administration shall[: 25
(i) send written notice of the proposed action to the obligor, 26
including notice of the obligor’s right to request an investigation on any of the following 27
grounds: 28
1. the information regarding the reported arrearage is 29
inaccurate; 30
2. suspension of the obligor’s license or privilege to drive 31
would be an impediment to the obligor’s current or potential employment; or 32
HOUSE BILL 110 3
3. suspension of the obligor’s license or privilege to drive 1
would place an undue hardship on the obligor because of the obligor’s: 2
A. documented disability resulting in a verified inability to 3
work; or 4
B. inability to comply with the court order; and 5
(ii) give the obligor a reasonable opportunity to request an 6
investigation of the proposed action of the Administration. 7
(2) (i) Upon receipt of a request for investigation from the obligor, the 8
Administration shall conduct an investigation to determine if any of the grounds under 9
paragraph (1)(i) of this subsection exist. 10
(ii) The Administration shall: 11
1. send a copy of the obligor’s request for an investigation to 12
the obligee by first–class mail; 13
2. give the obligee a reasonable opportunity to respond; and 14
3. consider the obligee’s response. 15
(iii) Upon completion of the investigation, the Administration shall 16
notify the obligor of the results of the investigation and the obligor’s right to appeal to the 17
Office of Administrative Hearings. 18
(3) (i) An appeal under this section shall be conducted in accordance 19
with Title 10, Subtitle 2 of the State Government Article. 20
(ii) An appeal shall be made in writing and shall be received by the 21
Office of Administrative Hearings within 20 days after the notice to the obligor of the 22
results of the investigation. 23
(4) If, after the investigation or appeal to the Office of Administrative 24
Hearings, the Administration finds that one of the grounds under paragraph (1)(i) of this 25
subsection exists, the Administration may not send any information about the obligor to 26
the Motor Vehicle Administration. 27
(5) The Administration may not send any information about an obligor to 28
the Motor Vehicle Administration if: 29
(i) the Administration reaches an agreement with the obligor 30
regarding a scheduled payment of the obligor’s child support arrearage or a court issues an 31
order for a scheduled payment of the child support arrearage; and 32
4 HOUSE BILL 110
(ii) the obligor is complying with the agreement or court order] 1
PETITION THE COURT TO MAKE A FIND ING THAT SUSPENSION OF THE OBLIGOR ’S 2
LICENSE OR PRIVILEGE TO DRIVE IS APPROPRI ATE UNDER THE PROVIS IONS OF THIS 3
SUBSECTION . 4
2. REASONABLE ATTEMPTS TO NOTIFY THE OBLIGO R 5
UNDER THIS SUBPARAGRAPH SHALL INCLUDE WRITTEN AND ELECTRONIC NOTIC E. 6
3. NOTICE OF THE COURT PETITION SHALL BE SE RVED 7
ON THE OBLIGOR . 8
(II) IF, AFTER A HEARING , THE COURT DETERMINES THAT 9
SUSPENSION OF THE OB LIGOR’S LICENSE OR PRIVILE GE TO DRIVE IS APPRO PRIATE, 10
THE ADMINISTRATION MAY NO TIFY THE MOTOR VEHICLE ADMINISTRATION . 11
(2) THE COURT MAY MAKE A FINDING THAT SUSPENS ION OF THE 12
OBLIGOR’S LICENSE OR PRIVILE GE TO DRIVE IS APPRO PRIATE IF THE 13
ADMINISTRATION PROVES BY CLEAR AND CONVINC ING EVIDENCE THAT THE 14
OBLIGOR HAS THE FUND S TO PAY THE ARREARAGE BALANCE BU T IS MAKING THE 15
FREE AND CONSCIOUS C HOICE TO WITHHOLD PA YMENT OR IS VOLUNTAR ILY 16
IMPOVERISHED , AS DEFINED IN § 12–201(Q) OF THIS ARTICLE. 17
(3) THE COURT MAY NOT MAK E A FINDING THAT SUS PENSION OF THE 18
OBLIGOR’S LICENSE OR PRIVILE GE TO DRIVE IS APPROPRIATE I F: 19
(I) THE OBLIGOR PROVES B Y A PREPONDERANCE OF THE 20
EVIDENCE ANY OF THE FOLLOWING FACTORS : 21
1. THE MINOR CHILD IS R ESIDING PRIMARILY WI TH THE 22
OBLIGOR; 23
2. THE OBLIGOR HAS A DO CUMENTED DISABILITY 24
RESULTING IN A VERIF IED INABILITY TO WORK; 25
3. SUSPENSION OF THE OB LIGOR’S LICENSE OR 26
PRIVILEGE TO DRIVE W OULD BE AN IMPEDIMEN T TO CURRENT OR POTE NTIAL 27
EMPLOYMENT ; 28
4. THE OBLIGOR DOES NOT HAVE THE ABILITY TO PAY 29
AND IS MAKING REASON ABLE EFFORTS TO BECO ME OR REMAIN EMPLOYE D; 30
5. THE ADMINISTRATION REACHED AN AGREEMENT 31
WITH THE OBLIGOR , INCLUDING THROUGH A PAYMENT INCENTIVE PR OGRAM FOR A 32
SCHEDULED PAYMENT OF THE ARREARAGES , OR THE COURT ISSUE D AN ORDER FOR 33 HOUSE BILL 110 5
A SCHEDULED PAYMENT OF THE ARREARAGES , AND THE COURT DETERM INES THAT 1
THE OBLIGOR IS COMPL YING WITH THE AGREEM ENT OR THE ORDER ; 2
6. SUSPENSION OF THE OB LIGOR’S LICENSE OR 3
PRIVILEGE TO DRIVE W OULD BE AN IMPEDIMEN T TO THE OBLIGOR ’S ABILITY TO 4
ASSIST WITH THE TRAN SPORTATION NEEDS OF THE MINOR CHILD ; OR 5
7. ANY OTHER CIRCUMSTANCE THAT TH E COURT 6
DETERMINES WOULD PLA CE AN UNDUE HARDSHIP ON THE MINOR CHILD, THE CHILD 7
SUPPORT PAYMENT RECI PIENT, OR THE OBLIGOR; OR 8
(II) THE INFORMATION REGA RDING THE REPORTED 9
ARREARAGE IS INACCUR ATE. 10
(d) (1) (I) [If, after] AFTER information about an obligor is supplied to the 11
Motor Vehicle Administration, [the obligor’s arrearage is paid in full, the obligor has 12
demonstrated good faith by paying the ordered amount of support for 6 consecutive months, 13
the obligor is a participant in full compliance in an employment program approved by the 14
Administration, or the Administration finds that one of the grounds under subsection 15
(c)(1)(i) of this section exists] IF THE ADMINISTRATION OR THE COURT FINDS THAT THE 16
SUSPENSION OF THE OB LIGOR’S LICENSE OR PRIVILEGE TO DRIVE IS NOT 17
APPROPRIATE UNDER TH IS SECTION, the Administration shall notify the Motor Vehicle 18
Administration to reinstate the obligor’s license or privilege to drive. 19
(II) THE OBLIGOR MAY MAKE A REQUEST FOR REINSTATEMENT 20
OF THE OBLIGOR’S LICENSE OR PRIVILE GE TO DRIVE WITH THE ADMINISTRATION 21
OR WITH THE COURT. 22
(2) [The] ON REQUEST OF THE OBL IGOR, THE Administration [may] 23
SHALL request that the Motor Vehicle Administration expunge a record of a suspension of 24
a license or privilege to drive for failure to pay child support: 25
(i) for an obligor who is enrolled in and compliant with an 26
employment program approved by the Administration; or 27
(ii) if the information reported by the Administration that led to the 28
suspension was inaccurate. 29
(e) The Secretary of Human Services, in cooperation with the Secretary of 30
Transportation [and the Office of Administrative Hearings], shall adopt regulations to 31
implement this section. 32
(F) THE SUPREME COURT OF MARYLAND MAY ADOPT RULES TO 33
IMPLEMENT THIS SECTI ON. 34
6 HOUSE BILL 110
12–201. 1
(q) “Voluntarily impoverished” means that a parent has made the free and 2
conscious choice, not compelled by factors beyond the parent’s control, to render the parent 3
without adequate resources. 4
Article – Transportation 5
16–203. 6
(a) In this section, “Child Support Administration” means the Child Support 7
Administration of the Department of Human Services. 8
(b) On notification by the Child Support Administration in accordance with § 9
10–119 of the Family Law Article that an obligor is [60] 120 days or more out of compliance 10
with the most recent order of the court in making child support payments, the 11
Administration: 12
(1) Shall suspend an obligor’s license or privilege to drive in the State; and 13
(2) May issue a work–restricted license or work–restricted privilege to 14
drive. 15
(c) (1) Prior to the suspension of a license or the privilege to drive in the State 16
and the issuance of a work–restricted license or work–restricted privilege to drive under 17
subsection (b) of this section, the Administration shall [send written notice] MAKE 18
REASONABLE ATTEMPTS TO NOTIFY THE OBLIGO R of the proposed action [to the 19
obligor] IN ACCORDANCE WITH § 10–119(C)(1)(I)2 OF THE FAMILY LAW ARTICLE, 20
including notice of the obligor’s right to contest the accuracy of the information. 21
(2) Any contest under this subsection shall be limited to whether the 22
Administration has mistaken the identity of the obligor or the individual whose license or 23
privilege to drive has been suspended. 24
(d) (1) An obligor may appeal a decision of the Administration to suspend the 25
obligor’s license or privilege to drive. 26
(2) At a hearing under this subsection, the issue shall be limited to whether 27
the Administration has mistaken the identity of the obligor or the individual whose license 28
or privilege to drive has been suspended. 29
(e) The Administration shall reinstate an obligor’s license or privilege to drive in 30
the State if: 31
(1) The Administration receives a court order to reinstate the license or 32
privilege to drive; or 33
HOUSE BILL 110 7
(2) The Child Support Administration notifies the Administration that: 1
(i) The individual whose license or privilege to drive was suspended 2
is not in arrears in making child support payments; 3
(ii) The obligor has paid the support arrearage in full; 4
(iii) The obligor has demonstrated good faith by paying the ordered 5
amount of support for 6 consecutive months; 6
(iv) The obligor is a participant in full compliance in an employment 7
program approved by the Child Support Administration; or 8
(v) One of the grounds under [§ 10–119(c)(1)(i)] § 10–119(C)(3) of 9
the Family Law Article exists. 10
(f) The Secretary of Transportation, in cooperation with the Secretary of Human 11
Services [and the Office of Administrative Hearings], shall adopt regulations to implement 12
this section. 13
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 14
October 1, 2025. 15