An Act To Enhance Tribal-State Collaboration in the Enforcement of Child Support
Maine Legislature, Session 129, LD 1490
Committee: Judiciary
Sponsors: TALBOT ROSS, NEWELL
Amends: 19-A MRSA §2201, 19-A MRSA §2203, 19-A MRSA §2357, 19-A MRSA §2358, 19-A MRSA §2360, 19-A MRSA §2360-A, 19-A MRSA §2364

Legislative Document
No. 1490
H.P. 1092
House of Representatives, April 4, 2019
An Act To Enhance Tribal-State Collaboration in the Enforcement 
of Child Support
Reference to the Committee on Judiciary suggested and ordered printed.
ROBERT B. HUNT
Clerk
Presented by Representative TALBOT ROSS of Portland.
Cosponsored by Representative: NEWELL of the Passamaquoddy Tribe.
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  19-A MRSA §2201, as amended by PL 2009, c. 158, §§1 to 3 and c. 290, 
§22, is further amended to read:
§2201.  Notice to licensing boards and obligor; judicial review
1.  Notice.  The department, or the child support agency of a federally recognized 
Indian tribe, 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 of the department, 
or the child support agency of a federally recognized Indian tribe, to submit the obligor's 
name to the appropriate board as a licensee 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, or the child support agency of a federally recognized Indian tribe, within 
days of service;
C.  If the obligor requests a hearing within 20 days of service, the department, or the 
child support agency of a federally recognized Indian tribe, shall stay the action to 
certify the obligor to a board for noncompliance 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, or the child support agency of a 
federally recognized Indian tribe, shall certify the obligor to the appropriate board for 
noncompliance with an order of support;
E.  If the department, or the child support agency of a federally recognized Indian 
tribe, certifies the obligor to a board for noncompliance with an order of support, the 
board must revoke the obligor's license and refuse to issue or reissue a license until 
the obligor provides the board with a written confirmation of compliance from the 
department, or the child support agency of a federally recognized Indian tribe, 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 or certificate of authority is deemed a final determination within the meaning 
of Title 5, section 10002; and
G.  The obligor can comply with an order of support by:
(1)  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, or the child support agency of a federally recognized Indian tribe; 
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, or of the child support agency of a federally recognized Indian tribe, 
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, or the child 
support agency of a federally recognized Indian tribe, shall attach a copy of the obligor's 
order of support to the notice.  Service of the notice must be made in the manner provided 
for service of summons by the Maine Rules of Civil Procedure, Rule 4.  For purposes of 
this subsection, this must be deemed to be an action pursuant to Chapter XIII of the 
Maine Rules of Civil Procedure.  Personal service within the State of the notice described 
in this subsection may be made by an authorized representative of the commissioner or of 
the child support agency of a federally recognized Indian tribe.
1-A.  Written agreement to pay past-due support.  An obligor who is presently 
unable to pay all past-due support may come into compliance with the support order by 
executing a written payment agreement with the department, or the child support agency 
of a federally recognized Indian tribe, and by complying with that agreement.  A 
condition of a written payment agreement must be that the obligor pay the current child 
support when due.  Before a written payment agreement is executed, the obligor shall:
A.  Disclose fully to the department, or the child support agency of a federally 
recognized Indian tribe, in writing on a form prescribed by the department, or the 
child support agency of a federally recognized Indian tribe, the obligor's financial 
circumstances, including income from all sources, assets, liabilities and work history 
for the past year; and
B.  Provide documentation to the department, or the child support agency of a 
federally recognized Indian tribe, concerning the obligor's financial circumstances, 
including copies of the most recent state and federal income tax returns, both 
personal and business, a copy of a recent pay stub representative of current income 
and copies of other records that show the obligor's income and the present value of 
assets held by the obligor.
After full disclosure, the department, or the child support agency of a federally 
recognized Indian tribe, shall determine the obligor's ability to pay past-due support and 
request the obligor to execute a written payment agreement consistent with the obligor's 
ability to pay, not to exceed the limits on income withholding in section 2356.
1-B.  Failure to comply with written agreement.  Failure to comply with a written 
payment agreement is grounds for license revocation unless the obligor notifies the 
department, or the child support agency of a federally recognized Indian tribe, that the 
obligor is unable to comply with the agreement and provides the department, or the child 
support agency of a federally recognized Indian tribe, with evidence of the obligor's 
current financial circumstances to support the claim.  The consequences of failing to 
comply with a written payment agreement and the requirements to avoid license 
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, or the child support agency of a federally recognized Indian tribe, upon 
motion to the District Court district court with jurisdiction, may request the court to 
determine 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, or the child 
support agency of a federally recognized Indian tribe may designate employees of the 
agency, who are not attorneys to represent the department or the agency in District Court 
district court.  The commissioner shall ensure that appropriate training is provided to all 
employees designated to represent the department, and the child support agency of a 
federally recognized Indian tribe shall ensure appropriate training of employees 
designated to represent the agency, under this subsection.
2.  Administrative hearing.  An obligor may request an administrative hearing upon 
service of the notice described in subsection 1.  The request for hearing must be made in 
writing and must be received by the department, or the child support agency of a federally 
recognized Indian tribe, within 20 days of service.  The department, or the child support 
agency of a federally recognized Indian tribe, shall conduct hearings under this 
subsection in accordance with the requirements of Title 5, chapter 375, subchapter IV 4.  
The issues that may be determined at hearing are limited to whether the obligor is 
required to pay child support under an order of support and whether the obligor is in 
compliance with an order of support.  The obligor may raise additional issues, including 
the reasonableness of a payment agreement in light of the obligor's current circumstances, 
to be preserved for appeal.
3.  Decision after hearing.  The department, or the child support agency of a 
federally recognized Indian tribe, shall render a decision after hearing without undue 
delay as to whether the obligor is in compliance with the obligor's order of support.  The 
decision must be based on the hearing record and rules adopted by the commissioner.  
The decision must inform the obligor that the obligor may file a petition for judicial 
review of the decision within 30 days of the date of the decision.  The department, or the 
child support agency of a federally recognized Indian tribe, shall send an attested copy of 
the decision to the obligor by regular mail to the obligor's most recent address of record.
4.  Appeal to Superior Court.  If the obligor appeals the department's decision of the 
department, or of the child support agency of a federally recognized Indian tribe, under 
subsection 3, the Superior Court may hear and determine issues raised at the hearing, 
including the reasonableness of a payment agreement in light of the obligor's current 
circumstances.
5.  Stay.  If an obligor timely requests a hearing to contest the issue of compliance, 
the department, or the child support agency of a federally recognized Indian tribe, may 
not certify the name of the obligor to a board for noncompliance with an order of support 
until the department or agency issues a decision after hearing that finds the obligor is not 
in compliance with an order of support.
6.  Certification of noncompliance.  The department, or the child support agency of 
a federally recognized Indian tribe, may certify in writing to the appropriate board 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 1 and is not in compliance with an order of support 21 days after 
service of the notice;
B.  The department, or the child support agency of a federally recognized Indian 
tribe, 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 of the department, or of the child support agency of a federally 
recognized Indian tribe, 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, or the child support agency of a federally recognized Indian tribe, that 
the obligor is unable to comply with the agreement and does not provide the 
department, or the child support agency of a federally recognized Indian tribe, with 
evidence of the obligor's current financial circumstances.
The department, or the child support agency of a federally recognized Indian tribe, shall 
send by regular mail a copy of a certification of noncompliance filed with a board to the 
obligor at the obligor's most recent address of record.
7.  Notice from board.  A board shall notify an obligor certified by the department, 
or the child support agency of a federally recognized Indian tribe, under subsection 6, 
without undue delay, that the obligor's application for the issuance or renewal of a license 
may not be granted or that the obligor's license has been revoked because the obligor's 
name has been certified by the department, or the child support agency of a federally 
recognized Indian tribe, as a support obligor who is not in compliance with an order of 
support.
8.  Written confirmation of compliance.  When an obligor who is served notice 
under subsection 1 subsequently complies with the official order of support, the 
department, or the child support agency of a federally recognized Indian tribe, shall 
provide the obligor with written confirmation that the obligor is in compliance with the 
order of support.
9.  Rules.  The department shall adopt rules to implement and enforce the 
requirements of this section.
10.  Agreements.  The department, or the child support agency of a federally 
recognized Indian tribe, and the various boards shall enter into agreements that are 
necessary to carry out the requirements of this section, but only to the extent the 
department determines it is cost-effective.
11.  Motion to modify order of support; stay.  This section does not prohibit a 
support obligor from filing a motion to modify support with the court or from requesting 
the department, or the child support agency of a federally recognized Indian tribe, to 
amend a support obligation established by an administrative decision.
12.  Reporting.  On or before April 1, 1994, or as soon as economically feasible and 
at least annually, all boards subject to this section and the Department of Professional and 
Financial Regulation, Division of Administrative Services shall provide to the department 
and the child support agency of a federally recognized Indian tribe specified information, 
on magnetic tape or other machine-readable form, according to standards established by 
the department, about applicants for licensure and all current licensees.  The Department 
of Professional and Financial Regulation, Office of Securities shall provide the specified 
information for only those current licensees that are residents of this State.  The 
information to be provided must include all of the following information about the 
licensee:
A.  Name;
B.  Address of record;
C.  Federal employer identification number or social security number;
D.  Type of license;
E.  Effective date of license or renewal;
F.  Expiration date of license; and
G.  Active or inactive status.
12-A.  Commissioner of Inland Fisheries and Wildlife report.  The Commissioner 
of Inland Fisheries and Wildlife shall provide annually to the department and the child 
support agency of a federally recognized Indian tribe on magnetic tape or other machine-
readable form, according to standards established by the department, watercraft, 
snowmobile and ATV registration information concerning obligors who 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 watercraft registered under Title 
12, section 13052; each snowmobile registered under Title 12, section 13104; and 
each ATV registered under Title 12, section 13155;
D.  Type of registration;
E.  Effective date of registration or registration renewal; and
F.  Expiration of registration.
13.  Effect of noncompliance.  The department, or the child support agency of a 
federally recognized Indian tribe, 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 and the Department of Professional and Financial Regulation, 
Division of Administrative Services, of the names of 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 of the department, or of the child support agency of a federally 
recognized Indian tribe, 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, or the child support agency of a federally recognized 
Indian tribe, notifies a board under this subsection, the department, or the child support 
agency of a federally recognized Indian tribe, 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 may 
not issue or renew a license or registration to a person whose name is on the most recent 
list from the department, or the child support agency of a federally recognized Indian 
tribe, until the board receives a copy of the written confirmation of compliance specified 
in subsection 8.
14.  Subsequent reissuance, renewal or other extension of license or certificate.  
The board may reissue, renew or otherwise extend the license or certificate of authority in 
accordance with the board's rules after the board receives a copy of the written 
confirmation of compliance specified in subsection 8.  A board may waive any applicable 
requirement for reissuance, renewal or other extension if it determines 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.
15.  Program review.  In furtherance of the public policy of increasing collection of 
child support, the department shall report the following to the Legislature and the 
Governor on January 31, 1999 and biennially thereafter:
A.  The number of support obligors identified as licensees subject to this section;
B.  The number of support obligors identified by the department under this section 
who are not in compliance with a support order; and
C.  The number of actions taken by the department under this section and the results 
of those actions.
Sec. 2.  19-A MRSA §2203, as amended by PL 2015, c. 212, §2, is further 
amended to read:
§2203.  Order to seize and sell
1.  Execution of support liens.  The department, or the child support agency of a 
federally recognized Indian tribe, may issue an order to seize and sell to execute a support 
lien established under former Title 19, section 503 or 503-A or section 2357 or to enforce 
and collect any money judgment assessed under chapter 51, chapter 53, chapter 55, 
chapter 63 or this chapter.  An order to seize and sell has the same effect as a writ of 
execution issued by the District Court or the Superior Court.
2.  Issuance of order.  An order to seize and sell is an order, under official seal of the 
department, or the child support agency of a federally recognized Indian tribe, directed to 
a county sheriff or a levying officer authorized by law to enforce a District Court or 
Superior Court judgment or a judgment of a court of a federally recognized Indian tribe.  
The order must command the recipient of the order to seize and sell specific nonexempt 
real and personal property of an obligor to satisfy the support lien upon which the order is 
based.  The department, or the child support agency of a federally recognized Indian 
tribe, must know or have reason to believe the obligor has a substantial ownership interest 
in the property identified in the order.  Before issuing the order, the department, or the 
child support agency of a federally recognized Indian tribe, must search the records of the 
applicable registry of deeds for real property and the records of the Secretary of State for 
personal property to determine if there are other persons who have an ownership interest 
in the property.
3.  Content of order.  An order to seize and sell must be signed by the commissioner 
or the commissioner's designee, or by the designee of the child support agency of a 
federally recognized Indian tribe.  The order must be for the amount of the support lien or 
the amount of any other money obligation determined under this chapter, plus fees and 
costs, if any.  The order must identify the specific property that is the subject of the order.  
The order must include notice that tells the obligor and other persons who are known to 
have an ownership interest in the property how to contest the seizure and sale of the 
property, including notice of the right to an administrative hearing within 5 business days.  
The order must list the type and value of property that is exempt as provided in 
subsection 15.
4.  Order limited.  The county sheriff or levying officer may not seize property not 
specifically identified in the order.
5.  Sheriff or levying officer.  An order to seize and sell may be sent by the 
department, or the child support agency of a federally recognized Indian tribe, to a county 
sheriff or levying officer.  Upon receipt of the order, the sheriff or levying officer shall 
proceed to execute the order in the same manner as prescribed for execution of a 
judgment.  A sheriff or levying officer shall return the order, along with any funds 
collected, to the department, or the child support agency of a federally recognized Indian 
tribe, within 90 days of the receipt of the order.  Funds resulting from execution of the 
order must first be applied to the sheriff's or levying officer's costs, then to any superior 
liens and then to the support lien or other money obligation and any inferior liens of 
which the department has notice.  Any amounts in excess of this distribution must be paid 
to the obligor.  If the order is returned not fully satisfied, the department, or the child 
support agency of a federally recognized Indian tribe, has the same remedies to collect 
the deficiency as are available for any civil judgment.
6.  Right to hearing.  At least 20 calendar days before the sale, the department, or the 
child support agency of a federally recognized Indian tribe, shall serve a copy of the order 
on the obligor and all other persons that the department, or the child support agency of a 
federally recognized Indian tribe, knows have an ownership interest in the property 
identified in the order.  Service of an order under this subsection must be made in the 
manner provided for service of summons by the Maine Rules of Civil Procedure, Rule 4.  
For purposes of this subsection, this service must be deemed to be an action pursuant to 
Chapter XIII of the Maine Rules of Civil Procedure.  Personal service within the State of 
a copy of the order may be made by an authorized representative of the commissioner.  
The obligor and any other persons who claim an ownership interest in the property seized 
under an order to seize and sell have a right to an administrative hearing to contest the 
seizure and sale of the property and to establish the value of their relative interest in the 
property.  A request for a hearing must be in writing and must be received by the 
department, or the child support agency of a federally recognized Indian tribe, within 10 
calendar days of service of a copy of the order.  Upon receiving a request for a hearing, 
the department, or the child support agency of a federally recognized Indian tribe, shall 
notify all persons who the department, or the child support agency of a federally 
recognized Indian tribe, has reason to believe have an ownership interest in the property 
of the time, place and nature of the hearing.
A.  Anyone requesting a hearing has the right to a preliminary hearing within 5 
business days of the hearing request.  At the preliminary hearing, if the hearing 
officer determines that there is reasonable ground to believe the seizure was lawful 
and that the obligor owes a support debt that could be satisfied in whole or in part by 
nonexempt property that has been seized, the hearing officer shall require the seizure 
to remain in force and schedule a final hearing, allowing all parties reasonable time to 
collect evidence and prepare for the final hearing.  If the hearing officer determines 
that the seizure was not lawful or that the obligor does not owe a support debt that 
could be satisfied in whole or in part by nonexempt property that has been seized, the 
hearing officer shall declare the order to seize and sell void.
B.  The department, or the child support agency of a federally recognized Indian 
tribe, shall notify any person who the department, or the child support agency of a 
federally recognized Indian tribe, has reason to believe has an ownership interest in 
the seized property of the time and place of the final hearing.  At the final hearing, the 
hearing officer shall determine:
(1)  Whether the obligor owes a support debt;
(2)  Whether the support debt could be satisfied in whole or in part by the 
property seized;
(3)  The percentage share of ownership of all persons claiming an ownership 
interest in the property;
(4)  The amount of the debtor's interest in the property that is exempt; and
(5)  The value of the interest in the property owned by nonobligor parties with an 
interest superior to that of the department, or the child support agency of a 
federally recognized Indian tribe.
7.  Commercially reasonable sale.  The sheriff or levying officer may sell the 
property seized as a unit or in parcels and at any time and place and on any terms not 
otherwise prohibited by this section, but every aspect of the disposition including the 
method, manner, time, place and terms must be commercially reasonable.  The property 
may not be sold for less than the debtor's interest in the property that is exempt.  The 
property may not be sold for less than the full value of the interest in the property owned 
by the nonobligor parties with an interest superior to that of the department, or of the 
child support agency of a federally recognized Indian tribe.  The department, or the child 
support agency of a federally recognized Indian tribe, reserves the right to reject any and 
all bids.
8.  Notice of sale.  Within 30 days of receiving notice of a sale from the county 
sheriff or levying officer, the department, or the child support agency of a federally 
recognized Indian tribe, shall send by regular mail an accounting and proposed 
distribution of the net proceeds of the sale to the obligor, all joint owners of the property 
sold and any known lienholders with an interest in the property.  The accounting and 
proposed distribution must include notice of the right to challenge the proposed 
distribution at an administrative hearing within 30 days.  The department, or the child 
support agency of a federally recognized Indian tribe, may not distribute the proceeds of 
the sale until the appeal period has run and all appeals have been decided.
9.  Release.  Upon receiving payment in full of the order amount plus fees and costs, 
if any, the department, or the child support agency of a federally recognized Indian tribe, 
shall release the order to seize and sell.  Upon receiving partial payment of the order 
amount or if the department, or the child support agency of a federally recognized Indian 
tribe, determines that a release or partial release of the order will facilitate the collection 
of the unpaid amount, fees and costs, the department, or the child support agency of a 
federally recognized Indian tribe, may release or may partially release the order to seize 
and sell.  The department, or the child support agency of a federally recognized Indian 
tribe, shall release the order if it determines the order is unenforceable.
10.  Right to redeem.  An obligor or other person or entity having an interest in real 
or personal property seized under an order to seize and sell at any time prior to the sale of 
the property may pay the amount of the support lien or other money obligation and any 
costs incurred by the county sheriff or levying officer serving the order.  Upon payment 
in full, the property must be restored to the obligor or other person or entity having an 
interest in that property and all proceedings on the order must cease.
11.  Right to redeem after sale.  An obligor or other person or entity having an 
interest in real property seized and sold by a county sheriff or levying officer pursuant to 
an order to seize and sell may, within 240 days after the sale of the property, redeem the 
property by making payment to the purchaser in the amount paid by the purchaser, plus 
interest at the statutory interest rate payable on judgments recovered in the District Court 
and the Superior Court.
12.  Release not a bar to other action.  At any time after seizure and sale of 
property under an order to seize and sell, the department, or the child support agency of a 
federally recognized Indian tribe, may release all or part of the seized property without 
liability if payment of the support lien or other money obligation is ensured or if the 
release will facilitate collection of the support lien or money obligation.  The release or 
return of the property does not prevent future action to collect the order amount from that 
property or other property.
13.  Statute of limitations.  The department, or the child support agency of a 
federally recognized Indian tribe, may issue an order to seize and sell to collect a support 
lien or other money obligation under chapter 51, chapter 53, chapter 55, chapter 63 or this 
chapter at any time within the statutory limitation period for enforcing and collecting 
child support amounts.
14.  Additional remedies.  The use of an order to seize and sell is not exclusive and 
the department, or the child support agency of a federally recognized Indian tribe, may 
use any other remedy provided by law for the collection of child support.
15.  Exempt property.  The following property is exempt from seizure and sale, 
except to the extent that it has been fraudulently conveyed by the obligor:
A.  The obligor's aggregate interest, not to exceed $47,500 in value, in real or 
personal property that the obligor uses as a residence;
B.  The obligor's interest, not to exceed $5,000 in value, in one motor vehicle;
C.  The obligor's interest, not to exceed $200 in value in any particular item, in 
household furnishings, household goods, wearing apparel, appliances, books, 
animals, crops or musical instruments that are held primarily for the personal, family 
or household use of the obligor or a dependent of the obligor;
D.  The obligor's aggregate interest, not to exceed $5,000 in value, in any 
implements, professional books or tools of the trade of the obligor or the trade of a 
dependent of the obligor, including, but not limited to, power tools, materials and 
stock designed and procured by the obligor and necessary for carrying on the 
obligor's trade or business and intended to be used or wrought in that trade or 
business;
E.  The obligor's interest in the following items held primarily for the personal, 
family or household use of the obligor or a dependent of the obligor:
(1)  One cooking stove;
(2)  All furnaces or stoves used for heating; and
(3)  All cooking and heating fuel not to exceed 10 cords of wood, 5 tons of coal 
or 1,000 gallons of petroleum products or the equivalent amount of another type 
of fuel;
F.  The obligor's interest in the following items held primarily for the personal, family 
or household use of the obligor or a dependent of the obligor:
(1)  All food provisions, whether raised or purchased, reasonably necessary for 6 
months;
(2)  All seeds, fertilizers, feed and other material reasonably necessary to raise 
and harvest food through one growing season; and
(3)  All tools and equipment reasonably necessary for raising and harvesting 
food;
G.  The obligor's interest in one of every type of farm implement reasonably 
necessary for the obligor to raise and harvest agricultural products commercially, 
including any personal property incidental to the maintenance and operation of the 
farm implements;
H.  The obligor's interest in one boat, not exceeding 5 tons burden, used by the debtor 
primarily for commercial fishing; and
I.  Professionally prescribed health aids for the obligor or a dependent of the obligor.
Sec. 3.  19-A MRSA §2357, sub-§1, as enacted by PL 1995, c. 694, Pt. B, §2 and 
affected by Pt. E, §2, is amended to read:
1.  Judgment.  Twenty-one days after receipt by a responsible parent of a notice of 
debt under section 2352 or 30 days after the date of mailing to the responsible parent of a 
decision of the department, or the child support agency of a federally recognized Indian 
tribe, that requires the responsible parent to pay child support, the amount stated in the 
notice of debt or in the decision is a judgment in favor of the department, or the child 
support agency of a federally recognized Indian tribe, the obligee, or both.  The judgment 
is a lien against all property of the responsible parent.  The lien is separate from and in 
addition to a lien filed under this section.
Sec. 4.  19-A MRSA §2357, sub-§5, as enacted by PL 1997, c. 407, §1 and 
affected by §5, is amended to read:
5.  Notice and hearing prior to disposition.  When the department, or the child 
support agency of a federally recognized Indian tribe, is provided with reliable 
information that another person, in addition to the responsible parent, has an ownership 
interest in the property of the responsible parent subject to a support lien, the department, 
or the child support agency of a federally recognized Indian tribe, shall provide written 
notice to the other person before the foreclosure or other disposition of the property 
explaining that:
A.  The department, or the child support agency of a federally recognized Indian 
tribe, has a support lien against the property; and
B.  The person may request a hearing to establish the value of that person's interest in 
the property before the foreclosure or other disposition of the property.
Sec. 5.  19-A MRSA §2358, first ¶, as enacted by PL 1995, c. 694, Pt. B, §2 and 
affected by Pt. E, §2, is amended to read:
The commissioner, or the child support agency of a federally recognized Indian tribe, 
shall proceed as follows with respect to any order to withhold and deliver.
Sec. 6.  19-A MRSA §2358, sub-§1, as enacted by PL 1995, c. 694, Pt. B, §2 and 
affected by Pt. E, §2, is further amended to read:
1.  Service of order.  The commissioner, or the child support agency of a federally 
recognized Indian tribe, may serve on any person an order to withhold and deliver any 
property, including wages, that is due or belongs to the responsible parent when:
A.  A lien has been filed pursuant to former Title 19, section 503 or 503-A or section 
2357; or
B.  Twenty-one days have elapsed from the date of receipt of a notice of debt under 
section 2352 or 30 days after the date of mailing to a responsible parent of a decision 
of the department, or the child support agency of a federally recognized Indian tribe, 
that requires the responsible parent to pay child support.
Sec. 7.  19-A MRSA §2358, sub-§2, as repealed and replaced by PL 1997, c. 466, 
§22 and affected by §28, is amended to read:
2.  Notice to responsible parent.  When an order is issued, the department, or the 
child support agency of a federally recognized Indian tribe, shall send a copy of the order 
to the responsible parent by regular mail at the responsible parent's last known address.
Sec. 8.  19-A MRSA §2358, sub-§8, as enacted by PL 1995, c. 694, Pt. B, §2 and 
affected by Pt. E, §2, is amended to read:
8.  Effect of honoring order.  A person who honors an order to withhold and deliver 
is discharged from any liability or obligation to the responsible parent for that property.  
The department, or the child support agency of a federally recognized Indian tribe, 
warrants that it will defend and hold harmless any such persons for honoring the order.
Sec. 9.  19-A MRSA §2360, as enacted by PL 1995, c. 694, Pt. B, §2 and affected 
by Pt. E, §2, is amended to read:
§2360.  Setoff of debts against lottery winnings
1.  Notice to Bureau of Alcoholic Beverages and Lottery Operations.  The 
department, or the child support agency of a federally recognized Indian tribe, shall 
periodically notify the Department of Administrative and Financial Services, Bureau of 
Alcoholic Beverages and Lottery Operations, referred to in this section as the "bureau," of 
all persons who owe the department, or the child support agency of a federally recognized 
Indian tribe, a child support debt that has been liquidated by judicial or administrative 
action.  Prior to paying any state lottery winnings that must be paid directly by the 
bureau, the bureau shall determine whether the lottery winner is on the list of persons 
who owe a child support debt to the State, or to the child support agency of a federally 
recognized Indian tribe, that has been liquidated by judicial or administrative action.  If 
the winner is on a list of persons who owe child support debts, the bureau shall suspend 
payment of winnings and notify the winner of its intention to offset the winner's child 
support debt against the winnings.  The bureau shall notify the winner of the winner's 
right to request a hearing before the department within 15 days of the winner's receipt of 
that notice.  The hearing is limited to the questions of whether the debt is liquidated and 
whether post-liquidation events have affected the winner's liability.  The decision of the 
department, or the child support agency of a federally recognized Indian tribe, as to the 
existence of a liquidated debt constitutes final agency action.  If, within 90 days of the 
notice of intended setoff to the winner, the department, or the child support agency of a 
federally recognized Indian tribe, certifies to the bureau that the winner did not make a 
timely request for hearing or that a hearing was held and the debt was upheld, the bureau 
shall offset the liquidated debt against the winnings due to the winner.  Any remaining 
winnings are paid to the winner.  If the bureau does not hear from the department, or the 
child support agency of a federally recognized Indian tribe, within 90 days of the notice 
of intended setoff to the winner, the bureau shall release all winnings to the winner.
2.  Notice to Tri-state Lotto Commission.  The department, or the child support 
agency of a federally recognized Indian tribe, shall periodically notify the Tri-state Lotto 
Commission of all persons who owe the department, or the child support agency of a 
federally recognized Indian tribe, a child support debt that has been liquidated by judicial 
or administrative action.
Sec. 10.  19-A MRSA §2360-A, as enacted by PL 1997, c. 654, §1, is amended to 
read:
§2360-A.  Lump-sum settlement; workers' compensation claims
On a monthly basis, the department, or the child support agency of a federally 
recognized Indian tribe, shall notify the Workers' Compensation Board, referred to in this 
section as the "board," of the names and social security numbers of all persons who owe 
the department, or the child support agency of a federally recognized Indian tribe, child 
support debts that have been liquidated by judicial or administrative action.  Before 
approving any lump-sum settlement, the board shall determine whether the person 
receiving the settlement is on the list of persons who owe to the department, or the child 
support agency of a federally recognized Indian tribe, child support debts that have been 
liquidated by judicial or administrative action.  If the person is on the list, the board shall 
notify the department, or the child support agency of a federally recognized Indian tribe, 
of the pending settlement and inform the person of the notification to the department, or 
the child support agency of a federally recognized Indian tribe.
Sec. 11.  19-A MRSA §2364, sub-§3, as enacted by PL 1997, c. 407, §4 and 
affected by §5, is amended to read:
3.  Liens; hearing to determine ownership interest.  Before the foreclosure, the 
obligor and any other persons who claim an ownership interest in the property subject to 
the lien have a right to an administrative hearing to establish the value of their relative 
interest in the property.  A request for a hearing must be in writing and must be received 
by the department, or the child support agency of a federally recognized Indian tribe, 
within 10 calendar days of the notice of the foreclosure.  Upon receiving a request for a 
hearing, the department, or the child support agency of a federally recognized Indian 
tribe, shall notify all persons the department, or the child support agency of a federally 
recognized Indian tribe, has reason to believe have an ownership interest in the property 
of the time, place and nature of the hearing.  At the hearing, the hearing officer shall 
determine the value of the interests of all persons with an ownership interest in the 
property.
SUMMARY
The purpose of this bill is to establish legal authority to allow federally recognized 
Indian tribes in the State to use the same legal tools that are currently available to the 
State to compel noncustodial parents to assist in the support of their children.