Maine LD 451: An Act To Improve Disclosure Procedures

LD 451 (subjects: CIVIL PROCEDURE , JUDGMENTS )

Official bill page at mainelegislature.org: http://www.mainelegislature.org/legis/bills/display_ps.asp?ld=451&PID=1456&snum=127


Sponsors | Actions | Bill Text & Amendments | Patterns of Support


Sponsors

Principal Sponsor: Sen. Roger Katz of Kennebec: (R – District 15) — e-mail | Facebook

0 Cosponsors:

Actions

Chamber

Action
2/24/2015 Senate Committee on JUDICIARY
suggested and ordered printed
On motion by Senator CUSHING of Penobscot REFERRED to the Committee on JUDICIARY
Ordered sent down forthwith for concurrence.
2/24/2015 House Bill REFERRED to the Committee on JUDICIARY.
In concurrence. ORDERED SENT FORTHWITH.
6/15/2015 Senate Report READ and ACCEPTED.

READ ONCE.

Committee Amendment “A” (S-259) READ and ADOPTED.

Under suspension of the Rules, READ A SECOND TIME and PASSED TO BE ENGROSSED AS AMENDED BY Committee Amendment “A” (S-259) .

Ordered sent down forthwith for concurrence.
6/15/2015 House CONSENT CALENDAR – FIRST DAY
Under suspension of the rules
CONSENT CALENDAR – SECOND DAY.
The Bill was PASSED TO BE ENGROSSED as Amended by Committee Amendment “A” (S-259).
In concurrence. ORDERED SENT FORTHWITH.
6/16/2015 House PASSED TO BE ENACTED.
Sent for concurrence. ORDERED SENT FORTHWITH.
6/16/2015 Senate PASSED TO BE ENACTED, in concurrence.
6/30/2015 Senate LD 451 In Senate, June 30, 2015, this Bill, having been returned by the Governor, together with objections to the same pursuant to the provisions of the Constitution of the State of Maine, after reconsideration, the Senate proceeded to vote on the question: “Shall this Bill become a law notwithstanding the objections of the Governor?” 32 In Favor and 3 Against, accordingly it was the vote of the Senate that the Bill become law and the VETO was OVERRIDDEN.
Ordered sent down forthwith for concurrence.
6/30/2015 House This Bill, having been returned by the Governor, together with objections to the same pursuant to Article IV, Part Third, Section 2 of the Constitution of the State of Maine, after reconsideration, the House proceeded to vote on the question: “Shall this Bill become a law notwithstanding the objections of the Governor?”
ROLL CALL NO. 444V
114 having voted in the affirmative and 27 in the negative, with 10 being absent, and accordingly it was the vote of the House that the Bill become a law notwithstanding the objections of the Governor, since two-thirds of the members of the House so voted.
In concurrence. ORDERED SENT FORTHWITH.

Bill Text & Amendments

Important Note: The bill text below presents L.D. 451 as originally introduced. L.D. 451 was changed by the legislature through amendment. To understand the impact of this legislation in proper context, be sure to read adopted amendment text, available here: C-A (S-259) .

An Act To Improve Disclosure Procedures

Be it enacted by the People of the State of Maine as follows:

Sec. 1. 14 MRSA 3126-A, sub- 8 is enacted to read:

8. Order to Department of Labor. When it is shown upon ex parte motion and affidavit that the judgment debtor has failed to timely make 2 or more payments required by an installment payment order under this section, the court shall order the Department of Labor to provide the judgment creditor with the name and address of the current or most recent employer of the judgment debtor, if any, together with the date the employer last reported wage information concerning the judgment debtor.

Sec. 2. 14 MRSA 3134, sub- 2, as repealed and replaced by PL 2013, c. 150, 1, is amended to read:

2. Alternative methods. Prior to February 15, 2016, instead Instead of requesting a civil order of arrest pursuant to subsection 1:

A. The judgment creditor may request the court to issue an order for appearance, and the court shall order the debtor to appear in court at a certain date and time for further disclosure proceedings. This order must be served upon the debtor in hand by the sheriff, who shall obtain from the debtor a personal recognizance bond to appear in court at the specified date and time; or
B. The creditor may proceed by way of a motion for contempt for failure to appear. This motion must be served upon the debtor with a contempt subpoena in the manner set forth in section 3136. If the debtor, after being duly served with a contempt subpoena, fails to appear at the time and place named in the contempt subpoena, the court may find the debtor in civil contempt and shall issue a civil order of arrest under section 3136, subsection 4 or, at the creditor’s request, shall issue an order for appearance pursuant to paragraph A.

Beginning February 15, 2016, instead of requesting a civil order of arrest, the creditor may proceed by way of a motion for contempt for failure to appear. This motion must be served upon the debtor with a contempt subpoena in the manner set forth in section 3136. If the debtor, after being duly served with a contempt subpoena, fails to appear at the time and place named in the contempt subpoena, the court may find the debtor in civil contempt and shall issue a civil order of arrest under section 3136, subsection 4 or, at the creditor’s request, shall issue an order for the debtor to appear in court at a certain date and time for further proceedings. The order must be served upon the debtor in hand by the sheriff, who shall obtain from the debtor the debtor’s personal recognizance bond to appear in court at the specified date and time.

Sec. 3. 14 MRSA 3135, 4th , as amended by PL 2013, c. 150, 2, is further amended to read:

If the debtor fails to appear at the time and place specified in a notice of disclosure hearing in a small claims action or in a disclosure subpoena or contempt subpoena issued pursuant to section 3134, subsection 2 or in a personal recognizance bond obtained by the sheriff, clerk or court, and upon request of the judgment creditor, the court shall order the Department of Labor to provide the judgment creditor with the name and address of the current or most recent employer of the debtor, if any, together with the date the employer last reported wage information concerning the debtor and issue an additional civil order of arrest pursuant to section 3134 directing the sheriff to cause the debtor named in the order to be arrested and delivered to the District Court without obtaining from the debtor a personal recognizance bond. This paragraph is repealed February 15, 2016.

Sec. 4. 14 MRSA 3135, 6th , as amended by PL 2013, c. 150, 2, is further amended to read:

A debtor admitted to personal recognizance bond under this section or section 3134 shall date and sign the bond and provide the following information: date of birth, hair color, eye color, height, weight, gender, race, telephone number, name of employer, address of employer and days and hours of employment. This paragraph is repealed February 15, 2016.

Sec. 5. 14 MRSA 3135, 9th , as enacted by PL 2013, c. 150, 3, is repealed.

Sec. 6. 14 MRSA 3135, last , as enacted by PL 2013, c. 150, 3, is repealed.

SUMMARY

This bill provides for the removal of the sunset provisions contained in Public Law 2013, chapter 150. It clarifies that the amendments made by Public Law 2013, chapter 150 apply to small claims court disclosure proceedings and allows the judgment creditor to obtain Department of Labor wage information when the judgment debtor has not conformed to the requirements of an installment payment order.

Patterns of Support

Pattern of Cosponsorship by Region:

Pattern of Cosponsorship by Gender:

Pattern of Cosponsorship by Party:

Pattern of Cosponsorship by Campaign Finance Classification:

Note: Maine Clean Elections Act (MCEA) Qualified candidates only accept a small dollar value of initial contributions early in their campaigns, pledge not to accept further campaign contributions from private sources, and receive public funding for their campaigns. MCEA Non-Qualified candidates choose not to obtain public funding and instead are free to accept campaign contributions from individuals, party committees, political action committees and business sources.


This information about LD 451 was last updated on 2016-05-12.
The Open Maine Politics website is in a beta release and results should not be taken as definitive. Please visit the official website of the Maine State Legislature for entirely verifiable information.

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