An Act To Streamline Enforcement of Child Support Orders Issued by the Penobscot Nation
Maine Legislature, Session 126, LD 1688
Committee: Judiciary
Sponsors: MITCHELL, VALENTINO, DILL, MORRISON, THERIAULT, MAZUREK
Amends: 29-A MRSA §2459-A

Legislative Document 
No. 1688 
H.P. 1211 
House of Representatives, December 30, 2013 
An Act To Streamline Enforcement of Child Support Orders Issued 
by the Penobscot Nation 
(EMERGENCY) 
Approved for introduction by a majority of the Legislative Council pursuant to Joint Rule 
203. 
Reference to the Committee on Judiciary suggested and ordered printed. 
MILLICENT M. MacFARLAND 
Clerk 
Presented by Representative MITCHELL of the Penobscot Nation. 
Cosponsored by Senator VALENTINO of York and 
Representatives: DILL of Old Town, MORRISON of South Portland, THERIAULT of 
Madawaska, Senator: MAZUREK of Knox. 
Emergency preamble. Whereas, acts and resolves of the Legislature do not 
become effective until 90 days after adjournment unless enacted as emergencies; and 
Whereas, this legislation needs to take effect as soon as possible to provide the 
Penobscot Nation with the ability to enforce child support orders against delinquent 
parents; 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.  29-A MRSA §2459-A is enacted to read: 
§2459-A.  Suspension of license for failure to meet family financial responsibility; 
Penobscot Nation 
1.  Definitions.  As used in this section, unless the context otherwise indicates, the 
following terms have the following meanings. 
A.  "Penobscot Nation" means the Penobscot Nation Tribal Court or the entity 
authorized by the governing body of the Penobscot Nation pursuant to Title 30, 
section 6209-B to exercise jurisdiction over child support enforcement matters. 
B.  "Support obligor" means an individual who owes a duty of support and over 
whom the Penobscot Nation has jurisdiction. 
C.  "Support order" means a judgment, decree or order, whether temporary, final or 
subject to modification, issued by the Penobscot Nation for the support and 
maintenance of a child or a child and the parent with whom the child is living that 
provides for monetary support, health care, arrearages or reimbursement and may 
include related costs and fees, interest and penalties, income withholding, attorney's 
fees and other relief. 
2.  Compliance with support orders.  In addition to other qualifications and 
conditions established by this Title, the right of an individual subject to the jurisdiction of 
the Penobscot Nation to hold a motor vehicle operator's license or permit issued by the 
State is subject to the requirements of this section. 
3.  Certification of noncompliance.  Upon receipt of a written certification from the 
Penobscot Nation that a support obligor who owns or operates a motor vehicle is not in 
compliance with a support order, the Secretary of State shall suspend the license and right 
to operate and obtain the license of the individual so certified. The Secretary of State may 
not reinstate an operator's license suspended for noncompliance with a support order until 
the Penobscot Nation issues a release that states the support obligor is in compliance with 
the support order or the Penobscot Nation orders reinstatement. 
4.  Notice of suspension.  Upon suspending an individual's license, permit or 
privilege to operate under subsection 3, the Secretary of State shall notify the individual 
of the suspension. A notice of suspension must specify the reason and statutory grounds 
for the suspension and the effective date of the suspension and may include any other 
notices prescribed by the Secretary of State. The notice must inform the individual that in 
order to apply for reinstatement, the individual must obtain a release from the Penobscot 
Nation. The notice must inform the individual that the individual may file a petition for 
judicial review of the notice of suspension in the Penobscot Nation Tribal Court within 30 
days of receipt of the notice. Notwithstanding any other provision of law, Title 5, section 
9052, subsection 1 does not apply to a notice of suspension issued under this section. 
5.  Temporary license.  Upon being presented with a conditional release issued by 
the Penobscot Nation and at the request of an individual whose operator's license, permit 
or privilege to operate has been suspended under this section, the Secretary of State may 
issue the individual a temporary license valid for a period not to exceed 120 days. 
6.  Rules.  The Secretary of State shall adopt rules to implement and enforce the 
requirements of this section.  Rules adopted pursuant to this subsection are routine 
technical rules as described in Title 5, chapter 375, subchapter 2-A. 
7.  Agreement.  The Secretary of State and the Penobscot Nation may enter into an 
agreement to carry out the requirements of this section. 
Emergency clause.  In view of the emergency cited in the preamble, this 
legislation takes effect when approved. 
SUMMARY 
This bill authorizes the Secretary of State to suspend the operator's license of a person 
who is in violation of an order issued by the Penobscot Nation for the support and 
maintenance of a child or a child and the parent with whom the child is living.