Maryland 2025 Regular Session

Maryland Senate Bill SB106 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1
2	2
3	3	EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTING LAW.
4	4	[Brackets] indicate matter deleted from existing law.
5	5	sb0106
6	6
7	7	SENATE BILL 106
8	8	D4 5lr1459
9	9	(PRE–FILED) CF HB 110
10	10	By: Senator Muse
11	11	Requested: October 29, 2024
12	12	Introduced and read first time: January 8, 2025
13	13	Assigned to: Judicial Proceedings
14	14
15	15	A BILL ENTITLED
16	16
17	17	AN ACT concerning 1
18	18
19	19	Child Support – Suspension of Driver’s Licenses 2
20	20
21	21	FOR the purpose of altering provisions of law relating to the authority of the Child Support 3
22	22	Enforcement Administration to notify the Motor Vehicle Administration of an 4
23	23	individual’s child support arrearages for the purpose of suspending the individual’s 5
24	24	driver’s license or privilege to drive under certain circumstances; and generally 6
25	25	relating to the suspension of an individual’s driver’s license or privilege to drive for 7
26	26	child support arrearages. 8
27	27
28	28	BY repealing and reenacting, with amendments, 9
29	29	Article – Family Law 10
30	30	Section 10–119 11
31	31	Annotated Code of Maryland 12
32	32	(2019 Replacement Volume and 2024 Supplement) 13
33	33
34	34	BY repealing and reenacting, without amendments, 14
35	35	Article – Family Law 15
36	36	Section 12–201(q) 16
37	37	Annotated Code of Maryland 17
38	38	(2019 Replacement Volume and 2024 Supplement) 18
39	39
40	40	BY repealing and reenacting, with amendments, 19
41	41	Article – Transportation 20
42	42	Section 16–203 21
43	43	Annotated Code of Maryland 22
44	44	(2020 Replacement Volume and 2024 Supplement) 23
45	45
46	46	SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 24
47	47	That the Laws of Maryland read as follows: 25
48	48	2 SENATE BILL 106
49	49
50	50
51	51	Article – Family Law 1
52	52
53	53	10–119. 2
54	54
55	55	(a) (1) In this section the following words have the meanings indicated. 3
56	56
57	57	(2) “License” has the meaning stated in § 11–128 of the Transportation 4
58	58	Article. 5
59	59
60	60	(3) “Motor Vehicle Administration” means the Motor Vehicle 6
61	61	Administration of the Department of Transportation. 7
62	62
63	63	(b) (1) Subject to the provisions of subsection (c) of this section, the 8
64	64	Administration may notify the Motor Vehicle Administration of an obligor [with a 9
65	65	noncommercial license who is 60 days or more out of compliance, or an obligor with a 10
66	66	commercial license] who is 120 days or more out of compliance[,] with the most recent order 11
67	67	of the court in making child support payments if: 12
68	68
69	69	(i) the Administration has accepted an assignment of support under 13
70	70	§ 5–312(b)(2) of the Human Services Article; or 14
71	71
72	72	(ii) the recipient of support payments has filed an application for 15
73	73	support enforcement services with the Administration. 16
74	74
75	75	(2) Upon notification by the Administration under this subsection, the 17
76	76	Motor Vehicle Administration: 18
77	77
78	78	(i) shall suspend the obligor’s license or privilege to drive in the 19
79	79	State; and 20
80	80
81	81	(ii) may issue a work–restricted license or work–restricted privilege 21
82	82	to drive in the State in accordance with § 16–203 of the Transportation Article. 22
83	83
84	84	(c) (1) (I) 1. Before supplying any information to the Motor Vehicle 23
85	85	Administration under this section, AND AFTER MAK ING REASONABLE ATTEM PTS TO 24
86	86	NOTIFY THE OBLIGOR O F NONCOMPLIANCE STAT US, the Administration shall[: 25
87	87
88	88	(i) send written notice of the proposed action to the obligor, 26
89	89	including notice of the obligor’s right to request an investigation on any of the following 27
90	90	grounds: 28
91	91
92	92	1. the information regarding the reported arrearage is 29
93	93	inaccurate; 30
94	94
95	95	2. suspension of the obligor’s license or privilege to drive 31
96	96	would be an impediment to the obligor’s current or potential employment; or 32
97	97	SENATE BILL 106 3
98	98
99	99
100	100	3. suspension of the obligor’s license or privilege to drive 1
101	101	would place an undue hardship on the obligor because of the obligor’s: 2
102	102
103	103	A. documented disability resulting in a verified inability to 3
104	104	work; or 4
105	105
106	106	B. inability to comply with the court order; and 5
107	107
108	108	(ii) give the obligor a reasonable opportunity to request an 6
109	109	investigation of the proposed action of the Administration. 7
110	110
111	111	(2) (i) Upon receipt of a request for investigation from the obligor, the 8
112	112	Administration shall conduct an investigation to determine if any of the grounds under 9
113	113	paragraph (1)(i) of this subsection exist. 10
114	114
115	115	(ii) The Administration shall: 11
116	116
117	117	1. send a copy of the obligor’s request for an investigation to 12
118	118	the obligee by first–class mail; 13
119	119
120	120	2. give the obligee a reasonable opportunity to respond; and 14
121	121
122	122	3. consider the obligee’s response. 15
123	123
124	124	(iii) Upon completion of the investigation, the Administration shall 16
125	125	notify the obligor of the results of the investigation and the obligor’s right to appeal to the 17
126	126	Office of Administrative Hearings. 18
127	127
128	128	(3) (i) An appeal under this section shall be conducted in accordance 19
129	129	with Title 10, Subtitle 2 of the State Government Article. 20
130	130
131	131	(ii) An appeal shall be made in writing and shall be received by the 21
132	132	Office of Administrative Hearings within 20 days after the notice to the obligor of the 22
133	133	results of the investigation. 23
134	134
135	135	(4) If, after the investigation or appeal to the Office of Administrative 24
136	136	Hearings, the Administration finds that one of the grounds under paragraph (1)(i) of this 25
137	137	subsection exists, the Administration may not send any information about the obligor to 26
138	138	the Motor Vehicle Administration. 27
139	139
140	140	(5) The Administration may not send any information about an obligor to 28
141	141	the Motor Vehicle Administration if: 29
142	142
143	143	(i) the Administration reaches an agreement with the obligor 30
144	144	regarding a scheduled payment of the obligor’s child support arrearage or a court issues an 31
145	145	order for a scheduled payment of the child support arrearage; and 32
146	146	4 SENATE BILL 106
147	147
148	148
149	149	(ii) the obligor is complying with the agreement or court order] 1
150	150	PETITION THE COURT TO MAKE A FIND ING THAT SUSPENSION OF THE OBLIGOR ’S 2
151	151	LICENSE OR PRIVILEGE TO DRIVE IS APPROPRI ATE UNDER THE PROVIS IONS OF THIS 3
152	152	SUBSECTION . 4
153	153
154	154	2. REASONABLE ATTEMPTS T O NOTIFY THE OBLIGOR 5
155	155	UNDER THIS SUBPARAGR APH SHALL INCLUDE WR ITTEN AND ELECTRONIC NOTICE. 6
156	156
157	157	3. NOTICE OF THE COURT P ETITION SHALL BE SER VED 7
158	158	ON THE OBLIGOR . 8
159	159
160	160	(II) IF, AFTER A HEARING , THE COURT DETERMINES THAT 9
161	161	SUSPENSION OF THE OB LIGOR’S LICENSE OR PRIVILE GE TO DRIVE IS APPRO PRIATE, 10
162	162	THE ADMINISTRATION MAY NO TIFY THE MOTOR VEHICLE ADMINISTRATION . 11
163	163
164	164	(2) THE COURT MAY MAKE A FINDING THAT SUSPENS ION OF THE 12
165	165	OBLIGOR’S LICENSE OR PRIVILE GE TO DRIVE IS APPRO PRIATE IF THE 13
166	166	ADMINISTRATION PROVES BY CLEAR AND CONVINC ING EVIDENCE THAT TH E 14
167	167	OBLIGOR HAS THE FUND S TO PAY THE ARREARA GE BALANCE BUT I S MAKING THE 15
168	168	FREE AND CONSCIOUS C HOICE TO WITHHOLD PA YMENT OR IS VOLUNTAR ILY 16
169	169	IMPOVERISHED , AS DEFINED IN § 12–201(Q) OF THIS ARTICLE. 17
170	170
171	171	(3) THE COURT MAY NOT MAK E A FINDING THAT SUS PENSION OF THE 18
172	172	OBLIGOR’S LICENSE OR PRIVILE GE TO DRIVE IS APPRO PRIATE IF: 19
173	173
174	174	(I) THE OBLIGOR PROVES B Y A PREPONDERANCE OF THE 20
175	175	EVIDENCE ANY OF THE FOLLOWING FACTORS : 21
176	176
177	177	1. THE MINOR CHILD IS R ESIDING PRIMARILY WI TH THE 22
178	178	OBLIGOR; 23
179	179
180	180	2. THE OBLIGOR HAS A DO CUMENTED DISABILITY 24
181	181	RESULTING IN A VERIF IED INABILITY TO WOR K; 25
182	182
183	183	3. SUSPENSION OF THE OBL IGOR’S LICENSE OR 26
184	184	PRIVILEGE TO DRIVE W OULD BE AN IMPEDIMEN T TO CURRENT OR POTE NTIAL 27
185	185	EMPLOYMENT ; 28
186	186
187	187	4. THE OBLIGOR DOES NOT HAVE THE ABILITY TO PAY 29
188	188	AND IS MAKING REASON ABLE EFFORTS TO BECO ME OR REMAIN EMPLOYE D; 30
189	189
190	190	5. THE ADMINISTRATI ON REACHED AN AGREEM ENT 31
191	191	WITH THE OBLIGOR , INCLUDING THROUGH A PAYMENT INCENTIVE PR OGRAM FOR A 32
192	192	SCHEDULED PAYMENT OF THE ARREARAGES , OR THE COURT ISSUED AN ORDER FOR 33 SENATE BILL 106 5
193	193
194	194
195	195	A SCHEDULED PAYMENT OF THE ARREARAGES , AND THE COURT DETERM INES THAT 1
196	196	THE OBLIGOR IS COMPL YING WITH THE AGREEMENT OR THE ORDER ; 2
197	197
198	198	6. SUSPENSION OF THE OB LIGOR’S LICENSE OR 3
199	199	PRIVILEGE TO DRIVE W OULD BE AN IMPEDIMEN T TO THE OBLIGOR ’S ABILITY TO 4
200	200	ASSIST WITH THE TRAN SPORTATION NEEDS OF THE MINOR CHILD ; OR 5
201	201
202	202	7. ANY OTHER CIRCUMSTAN CE THAT THE COURT 6
203	203	DETERMINES WOULD PLA CE AN UNDUE HARDSHIP ON THE MINOR CHILD , THE CHILD 7
204	204	SUPPORT PAYMENT RECI PIENT, OR THE OBLIGOR ; OR 8
205	205
206	206	(II) THE INFORMATION REGA RDING THE REPORTED 9
207	207	ARREARAGE IS INACCUR ATE. 10
208	208
209	209	(d) (1) (I) [If, after] AFTER information about an obligor is supplied to the 11
210	210	Motor Vehicle Administration, [the obligor’s arrearage is paid in full, the obligor has 12
211	211	demonstrated good faith by paying the ordered amount of support for 6 consecutive months, 13
212	212	the obligor is a participant in full compliance in an employment program approved by the 14
213	213	Administration, or the Administration finds that one of the grounds under subsection 15
214	214	(c)(1)(i) of this section exists] IF THE ADMINISTRATION OR THE COURT FINDS THAT THE 16
215	215	SUSPENSION OF THE OB LIGOR’S LICENSE OR PRIVILEGE TO DRIVE IS NOT 17
216	216	APPROPRIATE UNDER TH IS SECTION, the Administration shall notify the Motor Vehicle 18
217	217	Administration to reinstate the obligor’s license or privilege to drive. 19
218	218
219	219	(II) THE OBLIGOR MAY MAKE A REQUEST FOR REINST ATEMENT 20
220	220	OF THE OBLIGOR’S LICENSE OR PRIVILE GE TO DRIVE WITH THE ADMINISTRATION 21
221	221	OR WITH THE COURT . 22
222	222
223	223	(2) [The] ON REQUEST OF THE OBL IGOR, THE Administration [may] 23
224	224	SHALL request that the Motor Vehicle Administration expunge a record of a suspension of 24
225	225	a license or privilege to drive for failure to pay child support: 25
226	226
227	227	(i) for an obligor who is enrolled in and compliant with an 26
228	228	employment program approved by the Administration; or 27
229	229
230	230	(ii) if the information reported by the Administration that led to the 28
231	231	suspension was inaccurate. 29
232	232
233	233	(e) The Secretary of Human Services, in cooperation with the Secretary of 30
234	234	Transportation [and the Office of Administrative Hearings], shall adopt regulations to 31
235	235	implement this section. 32
236	236
237	237	(F) THE SUPREME COURT OF MARYLAND MAY ADOPT RU LES TO 33
238	238	IMPLEMENT THIS SECTION . 34
239	239	6 SENATE BILL 106
240	240
241	241
242	242	12–201. 1
243	243
244	244	(q) “Voluntarily impoverished” means that a parent has made the free and 2
245	245	conscious choice, not compelled by factors beyond the parent’s control, to render the parent 3
246	246	without adequate resources. 4
247	247
248	248	Article – Transportation 5
249	249
250	250	16–203. 6
251	251
252	252	(a) In this section, “Child Support Administration” means the Child Support 7
253	253	Administration of the Department of Human Services. 8
254	254
255	255	(b) On notification by the Child Support Administration in accordance with § 9
256	256	10–119 of the Family Law Article that an obligor is [60] 120 days or more out of compliance 10
257	257	with the most recent order of the court in making child support payments, the 11
258	258	Administration: 12
259	259
260	260	(1) Shall suspend an obligor’s license or privilege to drive in the State; and 13
261	261
262	262	(2) May issue a work–restricted license or work–restricted privilege to 14
263	263	drive. 15
264	264
265	265	(c) (1) Prior to the suspension of a license or the privilege to drive in the State 16
266	266	and the issuance of a work–restricted license or work–restricted privilege to drive under 17
267	267	subsection (b) of this section, the Administration shall [send written notice] MAKE 18
268	268	REASONABLE ATTEMPTS TO NOTIFY THE OBLIGO R of the proposed action [to the 19
269	269	obligor] IN ACCORDANCE WITH § 10–119(C)(1)(I)2 OF THE FAMILY LAW ARTICLE, 20
270	270	including notice of the obligor’s right to contest the accuracy of the information. 21
271	271
272	272	(2) Any contest under this subsection shall be limited to whether the 22
273	273	Administration has mistaken the identity of the obligor or the individual whose license or 23
274	274	privilege to drive has been suspended. 24
275	275
276	276	(d) (1) An obligor may appeal a decision of the Administration to suspend the 25
277	277	obligor’s license or privilege to drive. 26
278	278
279	279	(2) At a hearing under this subsection, the issue shall be limited to whether 27
280	280	the Administration has mistaken the identity of the obligor or the individual whose license 28
281	281	or privilege to drive has been suspended. 29
282	282
283	283	(e) The Administration shall reinstate an obligor’s license or privilege to drive in 30
284	284	the State if: 31
285	285
286	286	(1) The Administration receives a court order to reinstate the license or 32
287	287	privilege to drive; or 33
288	288	SENATE BILL 106 7
289	289
290	290
291	291	(2) The Child Support Administration notifies the Administration that: 1
292	292
293	293	(i) The individual whose license or privilege to drive was suspended 2
294	294	is not in arrears in making child support payments; 3
295	295
296	296	(ii) The obligor has paid the support arrearage in full; 4
297	297
298	298	(iii) The obligor has demonstrated good faith by paying the ordered 5
299	299	amount of support for 6 consecutive months; 6
300	300
301	301	(iv) The obligor is a participant in full compliance in an employment 7
302	302	program approved by the Child Support Administration; or 8
303	303
304	304	(v) One of the grounds under [§ 10–119(c)(1)(i)] § 10–119(C)(3) of 9
305	305	the Family Law Article exists. 10
306	306
307	307	(f) The Secretary of Transportation, in cooperation with the Secretary of Human 11
308	308	Services [and the Office of Administrative Hearings], shall adopt regulations to implement 12
309	309	this section. 13
310	310
311	311	SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 14
312	312	October 1, 2025. 15
313	313
314	314