An Act to Expand a Judge's Powers for Contemptuous Failure to Pay
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 12 MRSA §6408 is enacted to read:
§6408. Suspension of license for failure to appear, answer or pay
If a license is suspended pursuant to Title 14, section 3142, the suspension remains in effect until the person pays the fine. On payment of the fine and on condition of payment of a $25 reinstatement fee to the department, the clerk of the court in which the suspension was ordered shall rescind the suspension and notify the department, which, upon receipt of the $25 reinstatement fee, shall delete any record of the suspension from that person's record. For the purposes of this section, "fine" has the same meaning as in Title 14, section 3141, subsection 1.
Sec. 2. 12 MRSA §7077, sub-§1-C is enacted to read:
1-C. Suspension of licenses and registrations. If a license or registration is suspended pursuant to Title 14, section 3142, the suspension remains in effect until the person pays the fine. On condition of payment of a $25 reinstatement fee to the department, the clerk of the court in which the suspension was ordered shall rescind the suspension and notify the department, which, upon receipt of the $25 reinstatement fee, shall delete any record of the suspension from that person's record. For the purposes of this section, "fine" has the same meaning as in Title 14, section 3141, subsection 1.
Sec. 3. 14 MRSA §3141, sub-§1, as amended by PL 1991, c. 806, §4, is repealed and the following enacted in its place:
1. Applicability. The procedures established by this chapter:
A. Apply to all monetary fines, surcharges and assessments, however designated, imposed by a court:
(1) In a civil violation or traffic infraction proceeding; or
(2) As part of a sentence for a criminal conviction;
B. Must be utilized, to the maximum extent possible, to obtain prompt and full payment of all such fines, surcharges and assessments; and
C. Are in addition to, and not in lieu of, those otherwise authorized by law.
As used in this chapter, "fine" includes any surcharge or assessment required by law to be imposed as all or part of a sentence for a criminal conviction and any other costs or other fees the court assesses or imposes against a defendant in any civil or criminal adjudication, including appointed counsel fees and restitution.
Sec. 4. 14 MRSA §3142, as amended by PL 1987, c. 708, §13, is repealed and the following enacted in its place:
§3142. Contempt hearing and punishment
1. Punishment. Unless the defendant shows that failure to pay a fine was not attributable to a willful refusal to obey the order or to a failure on the defendant's part to make a good faith effort to obtain the funds required for the payment, the court may find the defendant in civil contempt and may impose punishment, as the case requires, of:
A. A reasonable fine;
B. Imprisonment; or
C. The suspension of any license, certification, registration, permit, approval or other similar document evidencing the granting of authority to hunt, fish or trap or to engage in a profession, occupation, business or industry, not including a registration, permit, approval or similar document evidencing the granting of authority to engage in the business of banking pursuant to Title 9-B. Licenses and registration subject to suspension include, but are not limited to:
(1) Licenses issued by the Commissioner of Marine Resources, as provided in Title 12, section 6408;
(2) Licenses issued by the Commissioner of Inland Fisheries and Wildlife, as provided in Title 12, section 7077, subsection 1-C;
(3) Watercraft, snowmobile and all-terrain vehicle registrations, as provided in Title 12, section 7077, subsection 1-C; and
(4) Motor vehicle licenses or permits issued by the Secretary of State, the right to operate a motor vehicle in this State and the right to apply for or obtain a license or permit, as provided in Title 29-A, section 2605.
2. Notification of issuing entity. Upon suspension of the person's license, certification, registration, permit, approval or other similar document evidencing the granting of authority to hunt, fish or trap or to engage in a profession, occupation, business or industry, the court shall notify the issuing agency that the court has ordered the suspension. The issuing agency shall immediately record the suspension.
3. Purge of contempt. The court shall provide an opportunity for the defendant to purge the contempt by complying with the court's order to pay or to an amended order to pay.
Sec. 5. 29-A MRSA §2412-A, sub-§1, ¶¶A and B, as enacted by PL 1995, c. 368, Pt. AAA, §12, are amended to read:
A. Has received written notice of a suspension or revocation from the Secretary of State or a court;
B. Has been orally informed of the suspension or revocation by a law enforcement officer or a court;
Sec. 6. Appropriation. The following funds are appropriated from the General Fund to carry out the purposes of this Act.
2000-01
JUDICIAL DEPARTMENT
Courts - Supreme, Superior, District and Administrative
All Other $20,000
Provides one-time funds to contract for the technology assistance required in order for the court to suspend certain licenses for contemptuous failure to pay.
Effective August 11, 2000, unless otherwise indicated.
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