2. Noncompliance with a support order. An applicant for the issuance or renewal of a license or an existing licensee who is not in compliance with a court support order of support is subject to the requirements of Title 19-A, section 2201. A person certified in noncompliance with a support order pursuant to Title 19-A, section 2201, subsection 6 or by court finding pursuant to Title 19-A, section 2603-A, is ineligible to hold or obtain a license issued by the department until the department receives written confirmation of compliance pursuant to Title 19- A, section 2201, subsection 8.

Sec. 3. 19-A MRSA §2201, sub-§6, as amended by PL 1997, c. 466, §§10 and 11 and affected by §28, is further amended to read:

6. Certification of noncompliance. The department may certify in writing to the appropriate board and shall certify in writing to the Department of Inland Fisheries and Wildlife 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 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 to the obligor at the obligor's most recent address of record.

Sec. 4. 19-A MRSA §2603-A, as enacted by PL 1997, c. 466, §26 and affected by §28, is amended to read:

§2603-A. License revocation for nonpayment of child support

Upon a motion to enforce a support order, after notice and an opportunity for a hearing, the court may make a finding of money due, render judgment for that amount and, to compel payment, order:

1. Suspension of driver's license. Suspension of the obligor's driver's license or licenses and right to operate a motor vehicle;

2. Revocation of occupational licenses. Revocation of the obligor's occupational, business, trade or professional licenses; and

3. Revocation of recreational licenses. Revocation of the obligor's hunting, fishing, boating and other recreational or sporting licenses.

The court may issue an order to prevent issuance or renewal of licenses under this section, except the court shall revoke and prevent the issuance or renewal of licenses, permits or registrations issued by the Department of Inland Fisheries and Wildlife under Title 12, chapters 701 to 721. An order to suspend, revoke or prevent issuance or renewal of licenses must be based on a finding by the court that the obligor has the present ability to pay all or part of the support owed. The court shall specify in its order ways to avoid the loss of licenses and requirements for obtaining licenses that are lost or may not be obtained as a result of an order issued under this section.

The court shall notify the Secretary of State of a driver's license suspension ordered pursuant to this section. Upon receipt of such an order, the Secretary of State shall immediately notify the person of the court order of suspension. The court shall notify the Commissioner of Inland Fisheries and Wildlife of the court's order to revoke and prohibit the issuance or renewal of any license issued by that department.__Upon receipt of such an order, the Commissioner of Inland Fisheries and Wildlife shall immediately notify the person of the court order of revocation and prohibition of the issuance or renewal. The Secretary of State or the Commissioner of Inland Fisheries and Wildlife may not terminate a suspension, revocation or prohibition of issuance or renewal issued pursuant to this section until the court orders reinstatement and, in the case of

a driver's license or occupational license, the person pays a reinstatement fee to the Secretary of State. The court shall immediately notify the Secretary of State and the Commissioner of Inland Fisheries and Wildlife when a person complies with a child support order. The court orders of suspension and reinstatement must be on a form acceptable to the Secretary of State and the Commissioner of Inland Fisheries and Wildlife.

SUMMARY

This bill requires the Department of Inland Fisheries and Wildlife to collect and report to the Department of Human Services licensing information required by the Maine Revised Statutes, Title 19-A, section 2201, subsection 12, which includes: applicant's name and address; federal employer number; type of license; the date the license takes effect and expires; and the active or inactive status of the license. The bill makes a person who is found by a court or an administrative agency to be in noncompliance with a child support order ineligible to hold or obtain a license, permit or registration issued by the Department of Inland Fisheries and Wildlife under Title 12, chapters 701 to 721.