WeVote
Log In

Bill

Bill

SB 106

Child Support - Suspension of Driver's Licenses

2025 Regular Session Introduced by Anthony Muse

SB 106 requires a court petition and hearing before suspending a noncommercial driver's license for child support, and raises the past-due threshold to 120 days.

Hearing 1/22 at 10:00 a.m.
0
WeVote Research Nonpartisan
Bill Summary · SB 106

SB 106 — Child Support: Suspension of Driver’s Licenses

Status: Hearing scheduled Jan. 22 at 10:00 a.m. | Introduced: Jan. 2025 (as reported)
Classification: Bill

Main purpose

The bill revises the process by which child‑support enforcement may trigger suspension of an obligor’s driver’s license for failure to pay support. It (1) extends the noncommercial license noncompliance threshold from 60 to 120 days, and (2) replaces certain administrative-only procedures with a court‑based petition and hearing requirement before the Child Support Administration (CSA) may ask the Motor Vehicle Administration (MVA) to begin license suspension.

Key provisions

  • Compliance period extended: Noncommercial driver’s licenses may not be subject to suspension until the obligor is 120 days past due (aligning noncommercial with the existing 120‑day commercial threshold).
  • New pre‑suspension procedure: Before notifying MVA, CSA must make reasonable written and electronic attempts to notify the obligor and then petition the court. Notice of the petition must be served on the obligor and the court must hold a hearing.
  • Court standard and findings:
    • CSA must prove by clear and convincing evidence that the obligor has funds to pay arrears but is voluntarily withholding payment or is “voluntarily impoverished.”
    • The court may not find suspension appropriate if the obligor proves (by a preponderance) certain defenses, including: inaccurate arrearage calculation; the child primarily resides with the obligor; documented disability preventing work; suspension would impede current/potential employment or the obligor’s ability to assist with the child’s transportation; inability to pay while making reasonable efforts to become/remain employed; or compliance with an agreed payment schedule.
  • Reinstatement and expungement:
    • The bill permits obligors to request license reinstatement through CSA or the court.
    • On an obligor’s request, CSA must seek expungement of a license‑suspension record in specified circumstances.
  • Modifies prior administrative investigation/appeal steps and shifts certain procedural determinations to the judiciary.

Who is affected

  • Primary: child‑support obligors (individuals behind on child support) — potential delay before license suspension, but added court process for suspension.
  • State agencies: Child Support Administration (implementation burden), Motor Vehicle Administration (suspension/reinstatement processing), Judiciary (additional hearings), Office of Administrative Hearings (fewer limited appeals but potential case flow changes).
  • Secondary: custodial parents/recipients of support, employers (indirectly), and future litigants seeking reinstatement/expungement.

Fiscal and operational impact

  • The fiscal note estimates significant increases in state expenditures beginning FY2026 for additional staff at the Department of Human Services and the Attorney General’s Office; programming costs estimated at ~$340,800 in FY2026 and ~$65,000 annually thereafter.
  • Assumed funding split: ~66% federal funds / 34% general funds; federal matching revenues would rise accordingly.
  • The Judiciary would experience operational and potential fiscal impacts due to additional hearings. Fine revenue impact is expected to be minimal.

Procedural/timing notes

  • Hearing scheduled Jan. 22 at 10:00 a.m. (per bill header).
  • Introduced in early 2025; subject to committee consideration and potential amendments.
  • If enacted, agencies would need to adopt implementing procedures (notice/petition templates, service protocols, IT changes for MVA notifications, and processes for reinstatement/expungement requests).

If you want, I can:
- Draft a comparison table showing current law vs. proposed changes; or
- Extract specific statutory text amendments and prepare redline language for review.

Compiled from official sources — confirm details with the bill’s official record.

Sign in to ask a question.