| Old | New | Differences | |
|---|---|---|---|
| 1 | 1 | ||
| 2 | 2 | ||
| 3 | 3 | EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW. | |
| 4 | 4 | [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. | |
| 8 | 5 | *hb0110* | |
| 9 | 6 | ||
| 10 | 7 | HOUSE BILL 110 | |
| 11 | 8 | D4 5lr1458 | |
| 12 | 9 | (PRE–FILED) CF SB 106 | |
| 13 | - | By: Delegates Simpson and Taylor, Taylor, Crutchfield, Tomlinson, Toles, | |
| 14 | - | Phillips, Stinnett, Arikan, Kaufman, and Williams | |
| 10 | + | By: Delegates Simpson and Taylor | |
| 15 | 11 | Requested: October 29, 2024 | |
| 16 | 12 | Introduced and read first time: January 8, 2025 | |
| 17 | 13 | Assigned to: Judiciary | |
| 18 | - | Committee Report: Favorable with amendments | |
| 19 | - | House action: Adopted | |
| 20 | - | Read second time: March 4, 2025 | |
| 21 | 14 | ||
| 22 | - | ||
| 15 | + | A BILL ENTITLED | |
| 23 | 16 | ||
| 24 | 17 | AN ACT concerning 1 | |
| 25 | 18 | ||
| 26 | 19 | Child Support – Suspension of Driver’s Licenses 2 | |
| 27 | 20 | ||
| 28 | 21 | FOR the purpose of altering provisions of law relating to the authority of the Child Support 3 | |
| 29 | 22 | Enforcement Administration to notify the Motor Vehicle Administration of an 4 | |
| 30 | 23 | individual’s child support arrearages for the purpose of suspending the individual’s 5 | |
| 31 | 24 | driver’s license or privilege to drive under certain circumstances; and generally 6 | |
| 32 | 25 | relating to the suspension of an individual’s driver’s license or privilege to drive for 7 | |
| 33 | 26 | child support arrearages. 8 | |
| 34 | 27 | ||
| 35 | - | BY repealing and reenacting, | |
| 28 | + | BY repealing and reenacting, with amendments, 9 | |
| 36 | 29 | Article – Family Law 10 | |
| 37 | - | ||
| 30 | + | Section 10–119 11 | |
| 38 | 31 | Annotated Code of Maryland 12 | |
| 39 | 32 | (2019 Replacement Volume and 2024 Supplement) 13 | |
| 40 | 33 | ||
| 41 | - | BY repealing and reenacting, | |
| 34 | + | BY repealing and reenacting, without amendments, 14 | |
| 42 | 35 | Article – Family Law 15 | |
| 43 | - | Section | |
| 36 | + | Section 12–201(q) 16 | |
| 44 | 37 | Annotated Code of Maryland 17 | |
| 45 | 38 | (2019 Replacement Volume and 2024 Supplement) 18 | |
| 46 | 39 | ||
| 47 | - | BY repealing and reenacting, without amendments, 19 | |
| 48 | - | Article – Family Law 20 2 HOUSE BILL 110 | |
| 40 | + | BY repealing and reenacting, with amendments, 19 | |
| 41 | + | Article – Transportation 20 | |
| 42 | + | Section 16–203 21 | |
| 43 | + | Annotated Code of Maryland 22 | |
| 44 | + | (2020 Replacement Volume and 2024 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 HOUSE BILL 110 | |
| 49 | 49 | ||
| 50 | 50 | ||
| 51 | - | Section 12–201(q) 1 | |
| 52 | - | Annotated Code of Maryland 2 | |
| 53 | - | (2019 Replacement Volume and 2024 Supplement) 3 | |
| 51 | + | Article – Family Law 1 | |
| 54 | 52 | ||
| 55 | - | BY repealing and reenacting, with amendments, 4 | |
| 56 | - | Article – Transportation 5 | |
| 57 | - | Section 16–203 6 | |
| 58 | - | Annotated Code of Maryland 7 | |
| 59 | - | (2020 Replacement Volume and 2024 Supplement) 8 | |
| 53 | + | 10–119. 2 | |
| 60 | 54 | ||
| 61 | - | SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 9 | |
| 62 | - | That the Laws of Maryland read as follows: 10 | |
| 55 | + | (a) (1) In this section the following words have the meanings indicated. 3 | |
| 63 | 56 | ||
| 64 | - | Article – Family Law 11 | |
| 57 | + | (2) “License” has the meaning stated in § 11–128 of the Transportation 4 | |
| 58 | + | Article. 5 | |
| 65 | 59 | ||
| 66 | - | 10–119. 12 | |
| 60 | + | (3) “Motor Vehicle Administration” means the Motor Vehicle 6 | |
| 61 | + | Administration of the Department of Transportation. 7 | |
| 67 | 62 | ||
| 68 | - | (a) (1) In this section the following words have the meanings indicated. 13 | |
| 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 | |
| 69 | 68 | ||
| 70 | - | ( | |
| 71 | - | Article | |
| 69 | + | (i) the Administration has accepted an assignment of support under 13 | |
| 70 | + | § 5–312(b)(2) of the Human Services Article; or 14 | |
| 72 | 71 | ||
| 73 | - | ( | |
| 74 | - | ||
| 72 | + | (ii) the recipient of support payments has filed an application for 15 | |
| 73 | + | support enforcement services with the Administration. 16 | |
| 75 | 74 | ||
| 76 | - | (b) (1) Subject to the provisions of subsection (c) of this section, the 18 | |
| 77 | - | Administration may notify the Motor Vehicle Administration of an obligor [with a 19 | |
| 78 | - | noncommercial license who is 60 days or more out of compliance, or an obligor with a 20 | |
| 79 | - | commercial license] who is 120 days or more out of compliance[,] with the most recent order 21 | |
| 80 | - | of the court in making child support payments if: 22 | |
| 75 | + | (2) Upon notification by the Administration under this subsection, the 17 | |
| 76 | + | Motor Vehicle Administration: 18 | |
| 81 | 77 | ||
| 82 | - | (i) the | |
| 83 | - | ||
| 78 | + | (i) shall suspend the obligor’s license or privilege to drive in the 19 | |
| 79 | + | State; and 20 | |
| 84 | 80 | ||
| 85 | - | (ii) | |
| 86 | - | ||
| 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 | |
| 87 | 83 | ||
| 88 | - | (2) Upon notification by the Administration under this subsection, the 27 | |
| 89 | - | Motor Vehicle Administration: 28 | |
| 84 | + | (c) (1) (I) 1. Before supplying any information to the Motor Vehicle 23 | |
| 85 | + | Administration under this section, AND AFTER MAKING REASONABLE ATTEMPTS TO 24 | |
| 86 | + | NOTIFY THE OBLIGO R OF NONCOMPLIANCE STA TUS, the Administration shall[: 25 | |
| 90 | 87 | ||
| 91 | - | (i) shall suspend the obligor’s license or privilege to drive in the 29 | |
| 92 | - | State; and 30 | |
| 88 | + | (i) send written notice of the proposed action to the obligor, 26 | |
| 89 | + | including notice of the obligor’s right to request an investigation on any of the following 27 | |
| 90 | + | grounds: 28 | |
| 93 | 91 | ||
| 94 | - | (ii) may issue a work–restricted license or work–restricted privilege 31 | |
| 95 | - | to drive in the State in accordance with § 16–203 of the Transportation Article. 32 | |
| 92 | + | 1. the information regarding the reported arrearage is 29 | |
| 93 | + | inaccurate; 30 | |
| 94 | + | ||
| 95 | + | 2. suspension of the obligor’s license or privilege to drive 31 | |
| 96 | + | would be an impediment to the obligor’s current or potential employment; or 32 | |
| 96 | 97 | HOUSE BILL 110 3 | |
| 97 | 98 | ||
| 98 | 99 | ||
| 99 | - | (c) (1) (I) 1. Before supplying any information to the Motor Vehicle 1 | |
| 100 | - | Administration under this section, AND AFTER MAKING REA SONABLE ATTEMPTS TO 2 | |
| 101 | - | NOTIFY THE OBLIGOR O F NONCOMPLIANCE STAT US, INCLUDING BY WRITTEN AND 3 | |
| 102 | - | ELECTRONIC MEANS , the Administration shall[: 4 | |
| 100 | + | 3. suspension of the obligor’s license or privilege to drive 1 | |
| 101 | + | would place an undue hardship on the obligor because of the obligor’s: 2 | |
| 103 | 102 | ||
| 104 | - | (i) send written notice of the proposed action to the obligor, 5 | |
| 105 | - | including notice of the obligor’s right to request an investigation on any of the following 6 | |
| 106 | - | grounds: 7 | |
| 103 | + | A. documented disability resulting in a verified inability to 3 | |
| 104 | + | work; or 4 | |
| 107 | 105 | ||
| 108 | - | 1. the information regarding the reported arrearage is 8 | |
| 109 | - | inaccurate; 9 | |
| 106 | + | B. inability to comply with the court order; and 5 | |
| 110 | 107 | ||
| 111 | - | | |
| 112 | - | ||
| 108 | + | (ii) give the obligor a reasonable opportunity to request an 6 | |
| 109 | + | investigation of the proposed action of the Administration. 7 | |
| 113 | 110 | ||
| 114 | - | 3. suspension of the obligor’s license or privilege to drive 12 | |
| 115 | - | would place an undue hardship on the obligor because of the obligor’s: 13 | |
| 111 | + | (2) (i) Upon receipt of a request for investigation from the obligor, the 8 | |
| 112 | + | Administration shall conduct an investigation to determine if any of the grounds under 9 | |
| 113 | + | paragraph (1)(i) of this subsection exist. 10 | |
| 116 | 114 | ||
| 117 | - | A. documented disability resulting in a verified inability to 14 | |
| 118 | - | work; or 15 | |
| 115 | + | (ii) The Administration shall: 11 | |
| 119 | 116 | ||
| 120 | - | B. inability to comply with the court order; and 16 | |
| 117 | + | 1. send a copy of the obligor’s request for an investigation to 12 | |
| 118 | + | the obligee by first–class mail; 13 | |
| 121 | 119 | ||
| 122 | - | 2. THE MINOR CHILD IS R ESIDING PRIMARILY WI TH THE 17 | |
| 123 | - | OBLIGOR; 18 | |
| 120 | + | 2. give the obligee a reasonable opportunity to respond; and 14 | |
| 124 | 121 | ||
| 125 | - | 3. THE OBLIGOR HAS A DOCUMENTED DISABILIT Y 19 | |
| 126 | - | RESULTING IN A VERIF IED INABILITY TO WOR K; 20 | |
| 122 | + | 3. consider the obligee’s response. 15 | |
| 127 | 123 | ||
| 128 | - | | |
| 129 | - | ||
| 130 | - | ||
| 124 | + | (iii) Upon completion of the investigation, the Administration shall 16 | |
| 125 | + | notify the obligor of the results of the investigation and the obligor’s right to appeal to the 17 | |
| 126 | + | Office of Administrative Hearings. 18 | |
| 131 | 127 | ||
| 132 | - | | |
| 133 | - | ||
| 128 | + | (3) (i) An appeal under this section shall be conducted in accordance 19 | |
| 129 | + | with Title 10, Subtitle 2 of the State Government Article. 20 | |
| 134 | 130 | ||
| 135 | - | 6. THE ADMINISTRATION REACHE D AN AGREEMENT 26 | |
| 136 | - | WITH THE OBLIGOR , INCLUDING THROUGH A PAYMENT INCENTIVE PR OGRAM FOR A 27 | |
| 137 | - | SCHEDULED PAYMENT OF THE ARREARAGES , OR THE COURT ISSUED AN ORDER FOR 28 | |
| 138 | - | A SCHEDULED PAYMEN T OF THE ARREARAGES , AND THE ADMINISTRATION 29 | |
| 139 | - | DETERMINES THAT THE OBLIGOR IS COMPLYING WITH THE AGREEMENT O R THE 30 | |
| 140 | - | ORDER; 31 | |
| 131 | + | (ii) An appeal shall be made in writing and shall be received by the 21 | |
| 132 | + | Office of Administrative Hearings within 20 days after the notice to the obligor of the 22 | |
| 133 | + | results of the investigation. 23 | |
| 134 | + | ||
| 135 | + | (4) If, after the investigation or appeal to the Office of Administrative 24 | |
| 136 | + | Hearings, the Administration finds that one of the grounds under paragraph (1)(i) of this 25 | |
| 137 | + | subsection exists, the Administration may not send any information about the obligor to 26 | |
| 138 | + | the Motor Vehicle Administration. 27 | |
| 139 | + | ||
| 140 | + | (5) The Administration may not send any information about an obligor to 28 | |
| 141 | + | the Motor Vehicle Administration if: 29 | |
| 142 | + | ||
| 143 | + | (i) the Administration reaches an agreement with the obligor 30 | |
| 144 | + | regarding a scheduled payment of the obligor’s child support arrearage or a court issues an 31 | |
| 145 | + | order for a scheduled payment of the child support arrearage; and 32 | |
| 141 | 146 | 4 HOUSE BILL 110 | |
| 142 | 147 | ||
| 143 | 148 | ||
| 144 | - | 7. SUSPENSION OF THE OB LIGOR’S LICENSE OR 1 | |
| 145 | - | PRIVILEGE TO DRIVE W OULD BE AN IMPEDIMEN T TO THE OBLIGOR ’S ABILITY TO 2 | |
| 146 | - | ASSIST WITH THE TRAN SPORTATION NEEDS OF T HE MINOR CHILD ; OR 3 | |
| 149 | + | (ii) the obligor is complying with the agreement or court order] 1 | |
| 150 | + | PETITION THE COURT TO MAKE A FIND ING THAT SUSPENSION OF THE OBLIGOR ’S 2 | |
| 151 | + | LICENSE OR PRIVILEGE TO DRIVE IS APPROPRI ATE UNDER THE PROVIS IONS OF THIS 3 | |
| 152 | + | SUBSECTION . 4 | |
| 147 | 153 | ||
| 148 | - | 8. SUSPENSION OF THE OB LIGOR’S LICENSE OR 4 | |
| 149 | - | PRIVILEGE TO DRIVE W OULD PLACE AN UNDUE HARDSHIP ON THE MINO R CHILD, 5 | |
| 150 | - | THE CHILD SUPPORT PA YMENT RECIPIENT , OR THE OBLIGOR ; AND 6 | |
| 154 | + | 2. REASONABLE ATTEMPTS TO NOTIFY THE OBLIGO R 5 | |
| 155 | + | UNDER THIS SUBPARAGRAPH SHALL INCLUDE WRITTEN AND ELECTRONIC NOTIC E. 6 | |
| 151 | 156 | ||
| 152 | - | | |
| 153 | - | ||
| 157 | + | 3. NOTICE OF THE COURT PETITION SHALL BE SE RVED 7 | |
| 158 | + | ON THE OBLIGOR . 8 | |
| 154 | 159 | ||
| 155 | - | ( | |
| 156 | - | ||
| 157 | - | ||
| 160 | + | (II) IF, AFTER A HEARING , THE COURT DETERMINES THAT 9 | |
| 161 | + | SUSPENSION OF THE OB LIGOR’S LICENSE OR PRIVILE GE TO DRIVE IS APPRO PRIATE, 10 | |
| 162 | + | THE ADMINISTRATION MAY NO TIFY THE MOTOR VEHICLE ADMINISTRATION . 11 | |
| 158 | 163 | ||
| 159 | - | (ii) The Administration shall: 12 | |
| 164 | + | (2) THE COURT MAY MAKE A FINDING THAT SUSPENS ION OF THE 12 | |
| 165 | + | OBLIGOR’S LICENSE OR PRIVILE GE TO DRIVE IS APPRO PRIATE IF THE 13 | |
| 166 | + | ADMINISTRATION PROVES BY CLEAR AND CONVINC ING EVIDENCE THAT THE 14 | |
| 167 | + | OBLIGOR HAS THE FUND S TO PAY THE ARREARAGE BALANCE BU T IS MAKING THE 15 | |
| 168 | + | FREE AND CONSCIOUS C HOICE TO WITHHOLD PA YMENT OR IS VOLUNTAR ILY 16 | |
| 169 | + | IMPOVERISHED , AS DEFINED IN § 12–201(Q) OF THIS ARTICLE. 17 | |
| 160 | 170 | ||
| 161 | - | | |
| 162 | - | ||
| 171 | + | (3) THE COURT MAY NOT MAK E A FINDING THAT SUS PENSION OF THE 18 | |
| 172 | + | OBLIGOR’S LICENSE OR PRIVILE GE TO DRIVE IS APPROPRIATE I F: 19 | |
| 163 | 173 | ||
| 164 | - | 2. give the obligee a reasonable opportunity to respond; and 15 | |
| 174 | + | (I) THE OBLIGOR PROVES B Y A PREPONDERANCE OF THE 20 | |
| 175 | + | EVIDENCE ANY OF THE FOLLOWING FACTORS : 21 | |
| 165 | 176 | ||
| 166 | - | 3. consider the obligee’s response. 16 | |
| 177 | + | 1. THE MINOR CHILD IS R ESIDING PRIMARILY WI TH THE 22 | |
| 178 | + | OBLIGOR; 23 | |
| 167 | 179 | ||
| 168 | - | (iii) Upon completion of the investigation, the Administration shall 17 | |
| 169 | - | notify the obligor of the results of the investigation and the obligor’s right to appeal to the 18 | |
| 170 | - | Office of Administrative Hearings. 19 | |
| 180 | + | 2. THE OBLIGOR HAS A DO CUMENTED DISABILITY 24 | |
| 181 | + | RESULTING IN A VERIF IED INABILITY TO WORK; 25 | |
| 171 | 182 | ||
| 172 | - | (3) (i) An appeal under this section shall be conducted in accordance 20 | |
| 173 | - | with Title 10, Subtitle 2 of the State Government Article. 21 | |
| 183 | + | 3. SUSPENSION OF THE OB LIGOR’S LICENSE OR 26 | |
| 184 | + | PRIVILEGE TO DRIVE W OULD BE AN IMPEDIMEN T TO CURRENT OR POTE NTIAL 27 | |
| 185 | + | EMPLOYMENT ; 28 | |
| 174 | 186 | ||
| 175 | - | (ii) An appeal shall be made in writing and shall be received by the 22 | |
| 176 | - | Office of Administrative Hearings within 20 days after the notice to the obligor of the 23 | |
| 177 | - | results of the investigation. 24 | |
| 187 | + | 4. THE OBLIGOR DOES NOT HAVE THE ABILITY TO PAY 29 | |
| 188 | + | AND IS MAKING REASON ABLE EFFORTS TO BECO ME OR REMAIN EMPLOYE D; 30 | |
| 178 | 189 | ||
| 179 | - | (4) If, after AFTER the investigation or appeal to the Office of 25 | |
| 180 | - | Administrative Hearings, the Administration finds that one of the grounds under 26 | |
| 181 | - | paragraph (1)(i) of this subsection exists, the Administration: 27 | |
| 182 | - | ||
| 183 | - | (I) may not send any information about the obligor to the Motor 28 | |
| 184 | - | Vehicle Administration IF THE ADMINISTRATION FINDS THAT ONE OF THE GROU NDS 29 | |
| 185 | - | UNDER PARAGRAPH (1)(I) OF THIS SUBSECTION E XISTS; AND 30 | |
| 186 | - | ||
| 187 | - | (II) MAY SEND INFORMATION ABOUT THE OBLIGOR TO THE 31 | |
| 188 | - | MOTOR VEHICLE ADMINISTRATION ONLY I F THE ADMINISTRATION VERIFI ES THAT 32 | |
| 189 | - | SUSPENSION OF THE OB LIGOR’S LICENSE OR PRIVILE GE TO DRIVE IS APPRO PRIATE 33 HOUSE BILL 110 5 | |
| 190 | + | 5. THE ADMINISTRATION REACHED AN AGREEMENT 31 | |
| 191 | + | WITH THE OBLIGOR , INCLUDING THROUGH A PAYMENT INCENTIVE PR OGRAM FOR A 32 | |
| 192 | + | SCHEDULED PAYMENT OF THE ARREARAGES , OR THE COURT ISSUE D AN ORDER FOR 33 HOUSE BILL 110 5 | |
| 190 | 193 | ||
| 191 | 194 | ||
| 192 | - | BECAUSE THE OBLIGOR HAS THE FUNDS TO PAY BUT IS MAKING THE FR EE AND 1 | |
| 193 | - | CONSCIOUS CHOICE TO WITHHOLD PAYMENT OR IS VOLUNTARILY IM POVERISHED, 2 | |
| 194 | - | AS DEFINED IN § 12–201(Q) OF THIS ARTICLE . 3 | |
| 195 | + | A SCHEDULED PAYMENT OF THE ARREARAGES , AND THE COURT DETERM INES THAT 1 | |
| 196 | + | THE OBLIGOR IS COMPL YING WITH THE AGREEM ENT OR THE ORDER ; 2 | |
| 195 | 197 | ||
| 196 | - | [(5) The Administration may not send any information about an obligor to 4 | |
| 197 | - | the Motor Vehicle Administration if: 5 | |
| 198 | + | 6. SUSPENSION OF THE OB LIGOR’S LICENSE OR 3 | |
| 199 | + | PRIVILEGE TO DRIVE W OULD BE AN IMPEDIMEN T TO THE OBLIGOR ’S ABILITY TO 4 | |
| 200 | + | ASSIST WITH THE TRAN SPORTATION NEEDS OF THE MINOR CHILD ; OR 5 | |
| 198 | 201 | ||
| 199 | - | | |
| 200 | - | ||
| 201 | - | ||
| 202 | + | 7. ANY OTHER CIRCUMSTANCE THAT TH E COURT 6 | |
| 203 | + | DETERMINES WOULD PLA CE AN UNDUE HARDSHIP ON THE MINOR CHILD, THE CHILD 7 | |
| 204 | + | SUPPORT PAYMENT RECI PIENT, OR THE OBLIGOR; OR 8 | |
| 202 | 205 | ||
| 203 | - | (ii) the obligor is complying with the agreement or court order] 9 | |
| 204 | - | PETITION THE COURT T O MAKE A FINDING THA T SUSPENSION OF THE OBLIGOR ’S 10 | |
| 205 | - | LICENSE OR PRIVILEGE TO DRIVE IS APPROPRI ATE UNDER THE PROVIS IONS OF THIS 11 | |
| 206 | - | SUBSECTION . 12 | |
| 206 | + | (II) THE INFORMATION REGA RDING THE REPORTED 9 | |
| 207 | + | ARREARAGE IS INACCUR ATE. 10 | |
| 207 | 208 | ||
| 208 | - | 2. REASONABLE ATTEMPTS T O NOTIFY THE OBLIGOR 13 | |
| 209 | - | UNDER THIS SUBPARAGR APH SHALL INCLUDE WR ITTEN AND ELECTRONIC NOTICE. 14 | |
| 209 | + | (d) (1) (I) [If, after] AFTER information about an obligor is supplied to the 11 | |
| 210 | + | Motor Vehicle Administration, [the obligor’s arrearage is paid in full, the obligor has 12 | |
| 211 | + | demonstrated good faith by paying the ordered amount of support for 6 consecutive months, 13 | |
| 212 | + | the obligor is a participant in full compliance in an employment program approved by the 14 | |
| 213 | + | Administration, or the Administration finds that one of the grounds under subsection 15 | |
| 214 | + | (c)(1)(i) of this section exists] IF THE ADMINISTRATION OR THE COURT FINDS THAT THE 16 | |
| 215 | + | SUSPENSION OF THE OB LIGOR’S LICENSE OR PRIVILEGE TO DRIVE IS NOT 17 | |
| 216 | + | APPROPRIATE UNDER TH IS SECTION, the Administration shall notify the Motor Vehicle 18 | |
| 217 | + | Administration to reinstate the obligor’s license or privilege to drive. 19 | |
| 210 | 218 | ||
| 211 | - | 3. NOTICE OF THE COURT PETITION SHALL BE SE RVED 15 | |
| 212 | - | ON THE OBLIGOR . 16 | |
| 219 | + | (II) THE OBLIGOR MAY MAKE A REQUEST FOR REINSTATEMENT 20 | |
| 220 | + | OF THE OBLIGOR’S LICENSE OR PRIVILE GE TO DRIVE WITH THE ADMINISTRATION 21 | |
| 221 | + | OR WITH THE COURT. 22 | |
| 213 | 222 | ||
| 214 | - | ( | |
| 215 | - | SUSPENSION OF | |
| 216 | - | ||
| 223 | + | (2) [The] ON REQUEST OF THE OBL IGOR, THE Administration [may] 23 | |
| 224 | + | SHALL request that the Motor Vehicle Administration expunge a record of a suspension of 24 | |
| 225 | + | a license or privilege to drive for failure to pay child support: 25 | |
| 217 | 226 | ||
| 218 | - | (2) THE COURT MAY MAKE A FINDING THAT SUSPENSION OF THE 20 | |
| 219 | - | OBLIGOR’S LICENSE OR PRIVILE GE TO DRIVE IS APPRO PRIATE IF THE 21 | |
| 220 | - | ADMINISTRATION PROVES BY CLEAR AND CONVINC ING EVIDENCE THAT TH E 22 | |
| 221 | - | OBLIGOR HAS THE FUND S TO PAY THE ARREARA GE BALANCE BUT IS MA KING THE 23 | |
| 222 | - | FREE AND CONSCIOUS C HOICE TO WITHHOLD PAYME NT OR IS VOLUNTARILY 24 | |
| 223 | - | IMPOVERISHED , AS DEFINED IN § 12–201(Q) OF THIS ARTICLE. 25 | |
| 227 | + | (i) for an obligor who is enrolled in and compliant with an 26 | |
| 228 | + | employment program approved by the Administration; or 27 | |
| 224 | 229 | ||
| 225 | - | ( | |
| 226 | - | ||
| 230 | + | (ii) if the information reported by the Administration that led to the 28 | |
| 231 | + | suspension was inaccurate. 29 | |
| 227 | 232 | ||
| 228 | - | (I) THE OBLIGOR PROVES B Y A PREP ONDERANCE OF THE 28 | |
| 229 | - | EVIDENCE ANY OF THE FOLLOWING FACTORS : 29 | |
| 233 | + | (e) The Secretary of Human Services, in cooperation with the Secretary of 30 | |
| 234 | + | Transportation [and the Office of Administrative Hearings], shall adopt regulations to 31 | |
| 235 | + | implement this section. 32 | |
| 230 | 236 | ||
| 231 | - | 1. THE MINOR CHILD IS R ESIDING PRIMARILY WI TH THE 30 | |
| 232 | - | OBLIGOR; 31 | |
| 233 | - | ||
| 234 | - | 2. THE OBLIGOR HAS A DO CUMENTED DISABILITY 32 | |
| 235 | - | RESULTING IN A VERIF IED INABILITY TO WOR K; 33 | |
| 237 | + | (F) THE SUPREME COURT OF MARYLAND MAY ADOPT RULES TO 33 | |
| 238 | + | IMPLEMENT THIS SECTI ON. 34 | |
| 236 | 239 | 6 HOUSE BILL 110 | |
| 237 | 240 | ||
| 238 | 241 | ||
| 239 | - | 3. SUSPENSION OF THE OB LIGOR’S LICENSE OR 1 | |
| 240 | - | PRIVILEGE TO DRIVE W OULD BE AN IMPEDIMEN T TO CURRENT OR POTE NTIAL 2 | |
| 241 | - | EMPLOYMENT ; 3 | |
| 242 | + | 12–201. 1 | |
| 242 | 243 | ||
| 243 | - | 4. THE OBLIGOR DOES NOT HAVE THE ABILITY TO PAY 4 | |
| 244 | - | AND IS MAKING REASON ABLE EFFORTS TO BECO ME OR REMAIN EMPLOYE D; 5 | |
| 244 | + | (q) “Voluntarily impoverished” means that a parent has made the free and 2 | |
| 245 | + | conscious choice, not compelled by factors beyond the parent’s control, to render the parent 3 | |
| 246 | + | without adequate resources. 4 | |
| 245 | 247 | ||
| 246 | - | 5. THE ADMINISTRATION REACHE D AN AGREEMENT 6 | |
| 247 | - | WITH THE OB LIGOR, INCLUDING THROUGH A PAYMENT INCENTIVE PR OGRAM FOR A 7 | |
| 248 | - | SCHEDULED PAYMENT OF THE ARREARAGES , OR THE COURT ISSUED AN ORDER FOR 8 | |
| 249 | - | A SCHEDULED PAYMENT OF THE ARREARAGES , AND THE COURT DETERM INES THAT 9 | |
| 250 | - | THE OBLIGOR IS COMPL YING WITH THE AGREEM ENT OR THE ORDER ; 10 | |
| 248 | + | Article – Transportation 5 | |
| 251 | 249 | ||
| 252 | - | 6. SUSPENSION OF THE OB LIGOR’S LICENSE OR 11 | |
| 253 | - | PRIVILEGE TO DRIVE W OULD BE AN IMPEDIMEN T TO THE OBLIGOR ’S ABILITY TO 12 | |
| 254 | - | ASSIST WITH THE TRAN SPORTATION NEEDS OF THE MINOR CHILD ; OR 13 | |
| 250 | + | 16–203. 6 | |
| 255 | 251 | ||
| 256 | - | 7. ANY OTHER CIRCUMSTAN CE THAT THE COURT 14 | |
| 257 | - | DETERMINES WOULD PLA CE AN UNDUE HARDSHIP ON THE MINO R CHILD, THE CHILD 15 | |
| 258 | - | SUPPORT PAYMENT RECI PIENT, OR THE OBLIGOR ; OR 16 | |
| 252 | + | (a) In this section, “Child Support Administration” means the Child Support 7 | |
| 253 | + | Administration of the Department of Human Services. 8 | |
| 259 | 254 | ||
| 260 | - | (II) THE INFORMATION REGA RDING THE REPORTED 17 | |
| 261 | - | ARREARAGE IS INACCUR ATE. 18 | |
| 255 | + | (b) On notification by the Child Support Administration in accordance with § 9 | |
| 256 | + | 10–119 of the Family Law Article that an obligor is [60] 120 days or more out of compliance 10 | |
| 257 | + | with the most recent order of the court in making child support payments, the 11 | |
| 258 | + | Administration: 12 | |
| 262 | 259 | ||
| 263 | - | (d) (1) (I) [If, after] AFTER information about an obligor is supplied to the 19 | |
| 264 | - | Motor Vehicle Administration, [the obligor’s arrearage is paid in full, the obligor has 20 | |
| 265 | - | demonstrated good faith by paying the ordered amount of support for 6 consecutive months, 21 | |
| 266 | - | the obligor is a participant in full compliance in an employment program approved by the 22 | |
| 267 | - | Administration, or the Administration finds that one of the grounds under subsection 23 | |
| 268 | - | (c)(1)(i) of this section exists] IF THE ADMINISTRATION OR THE COURT FINDS THAT THE 24 | |
| 269 | - | SUSPENSION OF THE OB LIGOR’S LICENSE OR PRIVILE GE TO DRIVE IS NOT 25 | |
| 270 | - | APPROPRIATE UNDER TH IS SECTION, the Administration shall notify the Motor Vehicle 26 | |
| 271 | - | Administration to reinstate the obligor’s license or privilege to drive. 27 | |
| 260 | + | (1) Shall suspend an obligor’s license or privilege to drive in the State; and 13 | |
| 272 | 261 | ||
| 273 | - | (II) THE OBLIGOR MAY MAKE A REQUEST FOR REINST ATEMENT 28 | |
| 274 | - | OF THE OBLIGOR ’S LICENSE OR PRIVILE GE TO DRIVE WITH THE ADMINISTRATION 29 | |
| 275 | - | OR WITH THE COURT . 30 | |
| 262 | + | (2) May issue a work–restricted license or work–restricted privilege to 14 | |
| 263 | + | drive. 15 | |
| 276 | 264 | ||
| 277 | - | (2) [The] ON REQUEST OF THE OBL IGOR, THE Administration [may] 31 | |
| 278 | - | SHALL request that the Motor Vehicle Administration expunge a record of a suspension of 32 | |
| 279 | - | a license or privilege to drive for failure to pay child support: 33 | |
| 265 | + | (c) (1) Prior to the suspension of a license or the privilege to drive in the State 16 | |
| 266 | + | and the issuance of a work–restricted license or work–restricted privilege to drive under 17 | |
| 267 | + | subsection (b) of this section, the Administration shall [send written notice] MAKE 18 | |
| 268 | + | REASONABLE ATTEMPTS TO NOTIFY THE OBLIGO R of the proposed action [to the 19 | |
| 269 | + | obligor] IN ACCORDANCE WITH § 10–119(C)(1)(I)2 OF THE FAMILY LAW ARTICLE, 20 | |
| 270 | + | including notice of the obligor’s right to contest the accuracy of the information. 21 | |
| 280 | 271 | ||
| 281 | - | (i) for an obligor who is enrolled in and compliant with an 34 | |
| 282 | - | employment program approved by the Administration; or 35 | |
| 272 | + | (2) Any contest under this subsection shall be limited to whether the 22 | |
| 273 | + | Administration has mistaken the identity of the obligor or the individual whose license or 23 | |
| 274 | + | privilege to drive has been suspended. 24 | |
| 275 | + | ||
| 276 | + | (d) (1) An obligor may appeal a decision of the Administration to suspend the 25 | |
| 277 | + | obligor’s license or privilege to drive. 26 | |
| 278 | + | ||
| 279 | + | (2) At a hearing under this subsection, the issue shall be limited to whether 27 | |
| 280 | + | the Administration has mistaken the identity of the obligor or the individual whose license 28 | |
| 281 | + | or privilege to drive has been suspended. 29 | |
| 282 | + | ||
| 283 | + | (e) The Administration shall reinstate an obligor’s license or privilege to drive in 30 | |
| 284 | + | the State if: 31 | |
| 285 | + | ||
| 286 | + | (1) The Administration receives a court order to reinstate the license or 32 | |
| 287 | + | privilege to drive; or 33 | |
| 283 | 288 | HOUSE BILL 110 7 | |
| 284 | 289 | ||
| 285 | 290 | ||
| 286 | - | (ii) if the information reported by the Administration that led to the 1 | |
| 287 | - | suspension was inaccurate. 2 | |
| 291 | + | (2) The Child Support Administration notifies the Administration that: 1 | |
| 288 | 292 | ||
| 289 | - | (e) The Secretary of Human Services, in cooperation with the Secretary of 3 | |
| 290 | - | Transportation [and the Office of Administrative Hearings], shall adopt regulations to 4 | |
| 291 | - | implement this section. 5 | |
| 293 | + | (i) The individual whose license or privilege to drive was suspended 2 | |
| 294 | + | is not in arrears in making child support payments; 3 | |
| 292 | 295 | ||
| 293 | - | (F) THE SUPREME COURT OF MARYLAND MAY ADOPT RU LES TO 6 | |
| 294 | - | IMPLEMENT THIS SECTI ON. 7 | |
| 296 | + | (ii) The obligor has paid the support arrearage in full; 4 | |
| 295 | 297 | ||
| 296 | - | 12–201. 8 | |
| 298 | + | (iii) The obligor has demonstrated good faith by paying the ordered 5 | |
| 299 | + | amount of support for 6 consecutive months; 6 | |
| 297 | 300 | ||
| 298 | - | (q) “Voluntarily impoverished” means that a parent has made the free and 9 | |
| 299 | - | conscious choice, not compelled by factors beyond the parent’s control, to render the parent 10 | |
| 300 | - | without adequate resources. 11 | |
| 301 | + | (iv) The obligor is a participant in full compliance in an employment 7 | |
| 302 | + | program approved by the Child Support Administration; or 8 | |
| 301 | 303 | ||
| 302 | - | Article – Transportation 12 | |
| 304 | + | (v) One of the grounds under [§ 10–119(c)(1)(i)] § 10–119(C)(3) of 9 | |
| 305 | + | the Family Law Article exists. 10 | |
| 303 | 306 | ||
| 304 | - | 16–203. 13 | |
| 307 | + | (f) The Secretary of Transportation, in cooperation with the Secretary of Human 11 | |
| 308 | + | Services [and the Office of Administrative Hearings], shall adopt regulations to implement 12 | |
| 309 | + | this section. 13 | |
| 305 | 310 | ||
| 306 | - | | |
| 307 | - | ||
| 311 | + | SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 14 | |
| 312 | + | October 1, 2025. 15 | |
| 308 | 313 | ||
| 309 | - | (b) On notification by the Child Support Administration in accordance with § 16 | |
| 310 | - | 10–119 of the Family Law Article that an obligor is [60] 120 days or more out of compliance 17 | |
| 311 | - | with the most recent order of the court in making child support payments, the 18 | |
| 312 | - | Administration: 19 | |
| 313 | - | ||
| 314 | - | (1) Shall suspend an obligor’s license or privilege to drive in the State; and 20 | |
| 315 | - | ||
| 316 | - | (2) May issue a work–restricted license or work–restricted privilege to 21 | |
| 317 | - | drive. 22 | |
| 318 | - | ||
| 319 | - | (c) (1) Prior to the suspension of a license or the privilege to drive in the State 23 | |
| 320 | - | and the issuance of a work–restricted license or work–restricted privilege to drive under 24 | |
| 321 | - | subsection (b) of this section, the Administration shall [send written notice] MAKE 25 | |
| 322 | - | REASONABLE ATTEMPTS TO NOTIFY THE OBLIGO R of the proposed action [to the 26 | |
| 323 | - | obligor] IN ACCORDANCE WITH § 10–119(C)(1)(I)2 OF THE FAMILY LAW ARTICLE, 27 | |
| 324 | - | including notice of the obligor’s right to contest the accuracy of the information. 28 | |
| 325 | - | ||
| 326 | - | (2) Any contest under this subsection shall be limited to whether the 29 | |
| 327 | - | Administration has mistaken the identity of the obligor or the individual whose license or 30 | |
| 328 | - | privilege to drive has been suspended. 31 | |
| 329 | - | ||
| 330 | - | (d) (1) An obligor may appeal a decision of the Administration to suspend the 32 | |
| 331 | - | obligor’s license or privilege to drive. 33 8 HOUSE BILL 110 | |
| 332 | - | ||
| 333 | - | ||
| 334 | - | ||
| 335 | - | (2) At a hearing under this subsection, the issue shall be limited to whether 1 | |
| 336 | - | the Administration has mistaken the identity of the obligor or the individual whose license 2 | |
| 337 | - | or privilege to drive has been suspended. 3 | |
| 338 | - | ||
| 339 | - | (e) The Administration shall reinstate an obligor’s license or privilege to drive in 4 | |
| 340 | - | the State if: 5 | |
| 341 | - | ||
| 342 | - | (1) The Administration receives a court order to reinstate the license or 6 | |
| 343 | - | privilege to drive; or 7 | |
| 344 | - | ||
| 345 | - | (2) The Child Support Administration notifies the Administration that: 8 | |
| 346 | - | ||
| 347 | - | (i) The individual whose license or privilege to drive was suspended 9 | |
| 348 | - | is not in arrears in making child support payments; 10 | |
| 349 | - | ||
| 350 | - | (ii) The obligor has paid the support arrearage in full; 11 | |
| 351 | - | ||
| 352 | - | (iii) The obligor has demonstrated good faith by paying the ordered 12 | |
| 353 | - | amount of support for 6 consecutive months; 13 | |
| 354 | - | ||
| 355 | - | (iv) The obligor is a participant in full compliance in an employment 14 | |
| 356 | - | program approved by the Child Support Administration; or 15 | |
| 357 | - | ||
| 358 | - | (v) One of the grounds under [§ 10–119(c)(1)(i)] § 10–119(C)(3) of 16 | |
| 359 | - | the Family Law Article exists. 17 | |
| 360 | - | ||
| 361 | - | (f) The Secretary of Transportation, in cooperation with the Secretary of Human 18 | |
| 362 | - | Services [and the Office of Administrative Hearings], shall adopt regulations to implement 19 | |
| 363 | - | this section. 20 | |
| 364 | - | ||
| 365 | - | SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 21 | |
| 366 | - | October 1, 2025. 22 | |
| 367 | - | ||
| 368 | - | ||
| 369 | - | ||
| 370 | - | ||
| 371 | - | Approved: | |
| 372 | - | ________________________________________________________________________________ | |
| 373 | - | Governor. | |
| 374 | - | ________________________________________________________________________________ | |
| 375 | - | Speaker of the House of Delegates. | |
| 376 | - | ________________________________________________________________________________ | |
| 377 | - | President of the Senate. |