An Act To Enhance Child Support Collections in Maine
Maine Legislature, Session 123, LD 1011
Committee: Judiciary
Sponsors: MARTIN, SULLIVAN, TUTTLE, BARTLETT, MARRACHE, DUNN, PATRICK
Amends: 19-A MRSA §2201

Legislative Document 
No. lOll 
S.P.328 
March 6, 2007 
An Act To Enhance Child Support Collections in Maine 
(EMERGENCY) 
Reference to the Committee on Judiciary suggested and ordered printed. 
Presented by Senator MARTIN of Aroostook. 
JOY J. O'BRIEN 
Secretary of the Senate 
Cosponsored by Senator SULLIVAN of York, Representative TUTTLE of Sanford and 
Senators: BARTLETT of Cumberland, MARRACHE of Kennebec, Representatives: DUNN of 
Bangor, PATRICK of Rumford. 
Printed on recycled paper 
Emergency preamble. Whereas, acts and resolves of the Legislature do not 
become effective until 90 days after adjournment unless enacted as emergencies; and 
Whereas, it has long been the policy in the State that parents should take financial 
responsibility for their children; and 
Whereas, a single parent has a difficult time raising a child when the other parent 
does not provide for the child, causing unnecessary hardship for the single parent and the 
child; and 
Whereas, this hardship is currently being experienced by many single parents who 
cannot effectively collect child support from the other parent; and 
Whereas, while the State invests significant resources into collecting child support, 
there still are needy and suffering children this winter due to the lack of enforcement of 
child support in the State; and 
Whereas, in the judgment of the Legislature, these facts create an emergency within 
the meaning of the Constitution of Maine and require the following legislation as 
immediately necessary for the preservation of the public peace, health and safety; now, 
therefore, 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 19-A MRSA §2201, sub-§l, as amended by PL 2005, c. 352, §8, IS 
further amended to read: 
1. Notice. The department may serve notice upon a support obligor who is not in 
compliance with an order of support that informs the obligor of the department's intention 
to submit the obligor's name to the appropriate board and the Secretary of State as a 
licensee or registrant who is not in compliance with an order of support. The notice must 
inform the obligor that: 
A. 
The obligor may request an administrative hearing to contest the issue of 
compliance; 
B. 
A request for hearing must be made in writing and must be received by the 
department within 20 days of service; 
C. 
If the obligor requests a hearing within 20 days of service, the department shall 
stay the action to certifY the obligor to a board and the Secretary of State for 
noncompl iance with an order of support pending a decision after hearing; 
D. 
If the obligor does not request a hearing within 20 days of service and is not in 
compliance with an order of support, the department shall certifY the obligor to the 
appropriate board and the Secretary of State for noncompliance with an order of 
support; 
E. 
If the department certifies the obligor to a board or the Secretary of State for 
noncompliance with an order of support, the board or the Secretary of State must 
revoke the obligor's license, certificate of authority or registration and refuse to issue 
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or reissue a license, certificate of authority or registration until the obligor provides 
the board or the Secretary of State with a written confinnation of compliance from 
the department that states the obligor is in compliance with the obligor's order of 
support. A revocation by an agency or a refusal by an agency to reissue, renew or 
otherwise extend the license Sf, certificate of authority or registration is deemed a 
final determination within the meaning of Title 5, section 10002; 
F. 
If the obligor files a motion to modify support with the court or requests the 
department to amend a support obligation established by an administrative decision, 
the department shall stay action to certify the obligor to a board and the Secretary of 
State for noncompliance with an order of support; and 
G. 
The obligor can comply with an order of support by: 
( I) Paying current support; 
(2) Paying all past-due support or, if unable to pay all past-due support and a 
periodic payment for past-due support has not been ordered by the court, by 
making periodic payments in accordance with a written payment agreement with 
the department; and 
(3) Meeting the obligor's health insurance obligation. 
The notice must include the address and telephone number of the department's support 
enforcement office that issues the notice and a statement of the need to obtain a written 
confirmation of compliance from that office as provided in subsection 8. The department 
shall attach a copy of the obligor's order of support to the notice. Service of the notice 
must be made by certified mail, return receipt requested, by service in hand, or as 
specified in the Maine Rules of Civil Procedure. For purposes of this section, authorized 
representatives of the commissioner may serve the notice. 
Sec. 2. 19-A MRSA §2201, sub-§l-B, as enacted by PL 1997, c. 466, §9 and 
affected by §28, is amended to read: 
I-B. Failure to comply with written agreement. Failure to comply with a written 
payment agreement is grounds for license, certificate of authority or registration 
revocation unless the obligor notifies the department that the obligor is unable to comply 
with the agreement and provides the department with evidence of the obligor's current 
financial circumstances to support the claim. The consequences offailing to comply with 
a written payment agreement and the requirements to avoid license, certificate of 
authority or registration revocation, if the obligor can not comply with the agreement, 
must be stated in the agreement. If the obligor claims inability to comply with a written 
payment agreement, the department, upon motion to the District Court, may request the 
court to detennine the obligor's ability to pay past-due support. After notice and an 
opportunity for hearing, the court may make a finding of money due, render judgment in 
that amount and order any relief provided under sections 2603 and 2603-A. For purposes 
of this subsection, the commissioner may designate employees of the department who are 
not attorneys to represent the department in District Court. 
The commissioner shall 
ensure that appropriate training is provided to all employees designated to represent the 
department under this subsection. 
] 
Sec. 3. 19-A MRSA §2201, sub-§5, as enacted by PL ] 995, c. 694, Pt. B, §2 and 
affected by Pt. E, §2, is amended to read: 
5. Stay. If an obligor timely requests a hearing to contest the issue of compliance, 
the department may not certify the name of the obligor to a board or the Secretary of 
State for noncompliance with an order of support until the department issues a decision 
after hearing that finds the obligor is not in compliance with an order of support. 
Sec. 4. 19-A MRSA §2201, sub-§6, as amended by PL 1997, c. 466, §§IO and II 
and affected by §28, is further amended to read: 
6. Certification of noncompliance. The department may certify in writing to the 
appropriate board and the Secretary of State that a support obligor is not in compliance 
with an order of support if: 
A. 
The obligor does not timely request a hearing upon service of a notice issued 
under subsection I and is not in compliance with an order of support 21 days after 
service of the notice; 
B. 
The department issues a decision after a hearing that finds the obligor is not in 
compliance with an order of support and the obligor has not appealed the decision 
within the 30-day appeal period provided in subsection 3; 
C. 
The court enters a judgment on a petition for judicial review that finds the 
obligor is not in compliance with a support order; 
D. 
The obligor abandons a timely request for a hearing on the department's notice 
of noncompliance and is not in compliance with the support order; or 
E. 
The obligor fails to comply with a written payment agreement, does not notify 
the department that the obligor is unable to comply with the agreement and does not 
provide the department with evidence of the obligor's current financial circumstances. 
The department shall send by regular mail a copy of a certification of noncompliance 
filed with a board and the Secretary of State to the obligor at the obligor's most recent 
address of record. 
Sec. 5. 19-A MRSA §2201, sub-§7, as enacted by PL 1995, c. 694, Pt. B, §2 and 
affected by Pt. E, §2, is amended to read: 
7. Notice from board and the Secretary of State. A board and the Secretary of 
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3] 
State shall notify an obligor certified by the department under subsection 6, without 
undue delay, that the obligor's application for the issuan"ce or renewal of a license, 
certificate of authority or registration may not be granted or that the obligor's license, 
certificate of authority or registration has been revoked because the obligor's name has 
been certified by the department as a support obligor who is not in compliance with an 
order of support. 
Sec. 6. 19-A MRSA §2201, sub-§10, as enacted by PL 1995, c. 694, Pt. B, §2 
and affected by Pt. E, §2, is amended to read: 
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10. Agreement. The department tmd, the various boards and the Secretary of State 
shall enter into agreemeAts an agreement that are ~ necessary to carry out the 
requirements of this section, but only to the extent the department determines it is cost-
effective. 
Sec. 7. 19-A MRSA §2201, sub-§12-A is enacted to read: 
12-A. Commissioner of Inland Fisheries and Wildlife and Secretary of State 
reporting. The Commissioner of Inland Fisheries and Wildlife and the Secretary of State 
shall provide annually to the department specified information, on magnetic tape or other 
machine-readable form, according to standards established by the department, registration 
information concerning obligors that are residents of this State. The information to be 
provided must include all of the following information about the registrant: 
A. Name; 
B. Address of record; 
C. Make, model and identification number for each motor vehicle registered under 
Title 29-A, section 501; snowmobile registered under Title 12, section 13104; or 
A TV registered under Title 12, section 13155; 
D. Type of registration; 
E. Effective date of registration or registration renewal; and 
F. Expiration of registration. 
Sec. 8. 19-A MRSA §2201, sub-§13, as enacted by PL 1995, c. 694, Pt. B, §2 
and affected by Pt. E, §2, is amended to read: 
13. 
Effect of noncompliance. 
The department, upon receipt of the licensee 
information referred to in subsection 12 and registration information referred to in 
subsection 12-A, shall identify and notify each board, the Secretary of State and the 
Department of Professional and Financial Regulation, Division of Administrative 
Services, of the names of its their licensees and registrants who are support obligors 
subject to this section. The notice must include the social security number and address of 
the support obligor, the name, address and telephone number of the department's designee 
for implementing this section and a certification by the department that it has verified that 
the licensee or registrant is a support obligor subject to this section. When the department 
notifies a board or the Secretary of State under this subsection, the department shall 
provide adequate notice of its action to the obligor. The notice must inform the obligor of 
the right to request a hearing on the issue of whether the obligor is in compliance with an 
order of support. The board or the Secretary of State may not issue or renew a license or 
registration to a person whose name is on the most recent list from the department until 
the board or the Secretary of State receives a copy of the written confirmation of 
compliance specified in subsection 8. 
Sec. 9. 19-A MRSA §2201, sub-§14, as enacted by PL 1995, c. 694, Pt. B, §2 
and affected by Pt. E, §2, is amended to read: 
I 
14. Subsequent reissuance, renewal or other extension of license, certificate or 
registration. The board or the Secretary of State may reissue, renew or otherwise extend 
the license ef, certificate of authority or registration in accordance with the board's or 
Secretary of State's rules after the board receives receipt of a copy of the written 
confirmation of compliance specified in subsection 8. A board or the Secretary of State 
may waive any applicable requirement for reissuance, renewal or other extension tf-i.t 
determines upon determination that the imposition of that requirement places an undue 
burden on the person and that waiver of the requirement is consistent with the public 
interest. 
Sec. 10. 19-A MRSA §2201, sub-§14-A is enacted to read: 
II 
14-A. Vehicle registrations. A support obligor may have one registration under 
Title 29-A, section SOl exempt from the provisions of this section. 
Sec. 11. 19-A MRSA §2201, sub-§16 is enacted to read: 
16. Registration defined. Except for purposes of subsection 14-A, for purposes of 
IS 
this section, "registration" means a registration of a motor vehicle under Title 29-A, 
section 501; a snowmobile under Title 12, section 13104; or an A TV under Title 12, 
section 13155. 
Emergency clause. 
In view of the emergency cited In the preamble, this 
legislation takes effect when approved. 
SUMMARY 
This bill specifies that a snowmobile registration, an A TV registration and a second 
or subsequent motor vehicle registration may not be issued to a person who has defaulted 
on a child support order or must be revoked by the issuing agency. 
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