An Act To Facilitate Collection of Money Owed to the State
Maine Legislature, Session 123, LD 1813
Committee: Judiciary
Sponsors: MILLS
Amends: 4 MRSA §807-A, 5 MRSA §202

Legislative Document 
No. 1813 
H.P. 1265 
House of Representatives, April 3, 2007 
An Act To Facilitate Collection of Money Owed to the State 
Submitted by the Department of the Attorney General pursuant to Joint Rule 204. 
Reference to the Committee on Judiciary suggested and ordered printed. 
Presented by Representative MILLS of Farmington. 
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MILLICENT M. MacFARLAND 
Clerk 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 4 MRSA §807-A, 3rd ~, as enacted by PL 2003, c. 278, §4, is amended to 
read: 
Upon the promulgation of and in accordance with rules adopted by the Supreme 
Judicial Court, employees of the Department of the Attorney General may serve civil 
process and represent the State in District Court in disclosure proceedings pursuant to 
Title 14, chapter chapters 502 and 502-A. 
Sec. 2. 5 MRSA §202, as amended by PL 1973, c. 567, §2, is further amended to 
read: 
lO 
§202. Employment of detectives 
The Attorney General may, by himself for the Department of the Attorney General or 
through the several district attorneys or other officers ofthe State, employ such detectives 
or other persons, offer rewards or use other means that he may deem the Attorney 
General considers advisable for the detection, arrest and apprehension of persons who 
commit crime in this State. Detectives with the department may exercise all the powers 
necessary to levy and enforce writs of execution on judgments owed to the State. Any 
property seized as payment towards a judgment owed to the State may be sold by the 
State at a surplus auction or in any other commercially reasonable manner. 
Sec. 3. 5 MRS A §1509, as enacted by PL 1973, c. 701, §4, is amended to read: 
§1509. Records; collections 
It shall be the duty of each Each department, institution or agency of the State te shall 
keep a record of all items of income accruing to it. Each department, institution or agency 
shall be i§ solely responsible for collections of all accounts receivable accruing to it, 
including taxes levied by the State. In each instance of an item of income accruing to aRY 
g department, institution or agency, 5Ueh that department, institution or agency shall 
immediately begin collection efforts and shall make such repeated collection efforts as 
may be necessary to promptly satisfy the amount owed to the State. Whenever If there 
shall continue to exist items of income or taxes owed to the State whieh that are not paid 
within 90 days, it shall be the duty of the department, institution or agency to whom such 
amount is owed te shall again attempt promptly to collect same. In cases of failure to pay, 
the department, institution or agency shall refer the account to the Attorney General for 
collection. Notwithstanding any other provision of law, the Attorney General may collect 
from the debtor a fee sufficient to defray the costs of collection; the fee may not exceed 
20% of the amount owed by the debtor to the State and must be deposited by the Attorney 
General into the General Fund as undedicated revenue. 
SUMMARY 
This bill enhances the authority of the Attorney General's office to engage in 
collections actions for debts, fines, penalties and other money owed to the State. The 
Attorney General's office is given the authority to add a fee, which is deposited in the 
General Fund, in its collecting of money owed the State in order to secure some 
reimbursement for the cost of pursuing payment. Seized property may be sold by the 
State.