Maryland HB 580: Driver's Licenses - Suspension for Child Support Arrearages - Repeal

Bill Text

EXPLANATION: CAPITALS INDICATE MATTER ADDED TO EXISTING LAW.
[Brackets] indicate matter deleted from existing law.
*hb0580*

HOUSE BILL 580
D4, R4 1lr1576
CF SB 402
By: Delegate D.M. Davis
Introduced and read first time: January 20, 2021
Assigned to: Judiciary

A BILL ENTITLED

AN ACT concerning 1

Driver’s Licenses – Suspension for Child Support Arrearages – Repeal 2

FOR the purpose of repealing the process under which the Child Support Administration 3
is authorized to notify the Motor Vehicle Administration of an individual’s child 4
support arrearages for the purpose of suspending the individual’s driver’s license or 5
privilege to drive; repealing the process under which the Motor Vehicle 6
Administration is required to suspend an individual’s driver’s license or privilege to 7
drive on certain notice that the individual has child support arrearages; making 8
certain conforming changes; making certain stylistic changes; and generally relating 9
to the repeal of the processes under which an individual’s driver’s license or privilege 10
to drive is suspended as a result of child support arrearages. 11

BY repealing 12
Article – Family Law 13
Section 10–119 14
Annotated Code of Maryland 15
(2019 Replacement Volume and 2020 Supplement) 16

BY repealing 17
Article – Transportation 18
Section 16–203 19
Annotated Code of Maryland 20
(2020 Replacement Volume) 21

BY repealing and reenacting, with amendments, 22
Article – Transportation 23
Section 16–208(a) and 16–303(h) 24
Annotated Code of Maryland 25
(2020 Replacement Volume) 26

SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 27

2 HOUSE BILL 580

That the Laws of Maryland read as follows: 1

Article – Family Law 2

[10–119. 3

(a) (1) In this section the following words have the meanings indicated. 4

(2) “License” has the meaning stated in § 11–128 of the Transportation 5
Article. 6

(3) “Motor Vehicle Administration” means the Motor Vehicle 7
Administration of the Department of Transportation. 8

(b) (1) Subject to the provisions of subsection (c) of this section, the 9
Administration may notify the Motor Vehicle Administration of an obligor with a 10
noncommercial license who is 60 days or more out of compliance, or an obligor with a 11
commercial license who is 120 days or more out of compliance, with the most recent order 12
of the court in making child support payments if: 13

(i) the Administration has accepted an assignment of support under 14
§ 5–312(b)(2) of the Human Services Article; or 15

(ii) the recipient of support payments has filed an application for 16
support enforcement services with the Administration. 17

(2) Upon notification by the Administration under this subsection, the 18
Motor Vehicle Administration: 19

(i) shall suspend the obligor’s license or privilege to drive in the 20
State; and 21

(ii) may issue a work–restricted license or work–restricted privilege 22
to drive in the State in accordance with § 16–203 of the Transportation Article. 23

(c) (1) Before supplying any information to the Motor Vehicle Administration 24
under this section, 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 580 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 2