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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 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. The affidavit must specify the manner of application of all payments made pursuant to the installment payment order. An order directed to the Department of Labor under this section may be served by the judgment creditor by ordinary mail, accompanied by a reasonable fee set by the Department of Labor calculated to cover the full labor, overhead and other costs of administering the order pursuant to state rules and federal regulations. The Department of Labor shall respond to the judgment creditor within 20 days after receipt of the court order.
Sec. 2. 14 MRSA §3134, sub-§2, as repealed and replaced by PL 2013, c. 150, §1, is amended to read: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, insteadInstead 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, 5th ¶, as enacted by PL 2011, c. 177, §1, is amended to read:
An order directed to the Department of Labor under this section may be served by the judgment creditor by ordinary mail, accompanied by a reasonable fee set by the Department of Labor calculated to cover the full labor, overhead and other costs of administering the order pursuant to state rules and federal regulations. The Department of Labor shall respond to the judgment creditor within 20 days after receipt of the court order.
Sec. 5. 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. 6. 14 MRSA §3135, 9th ¶, as enacted by PL 2013, c. 150, §3, is repealed.
Sec. 7. 14 MRSA §3135, last ¶, as enacted by PL 2013, c. 150, §3, is repealed.
Sec. 8. Appropriations and allocations. The following appropriations and allocations are made.
 
LABOR, DEPARTMENT OF
 
Employment Security Services 0245
 
Initiative: Transfers and reallocates the cost of one Office Associate II position from the Federal Expenditures Fund to Other Special Revenues Funds within the same program to support the increase in the volume of work related to court-ordered disclosures.

FEDERAL EXPENDITURES FUND	2015-16	2016-17	
POSITIONS - LEGISLATIVE COUNT	(1.000)	(1.000)	
Personal Services	($96,489)	($101,189)	
			
FEDERAL EXPENDITURES FUND TOTAL	($96,489)	($101,189)	

Employment Security Services 0245
 
Initiative: Transfers and reallocates the cost of one Office Associate II position from the Federal Expenditures Fund to Other Special Revenues Funds within the same program to support the increase in the volume of work related to court-ordered disclosures.

OTHER SPECIAL REVENUE FUNDS	2015-16	2016-17	
POSITIONS - LEGISLATIVE COUNT	1.000	1.000	
Personal Services	$96,489	$101,189	
			
OTHER SPECIAL REVENUE FUNDS TOTAL	$96,489	$101,189	

Employment Security Services 0245
 
Initiative: Allocates funds associated with the All Other costs to support the increase in the volume of work related to court-ordered disclosures.

OTHER SPECIAL REVENUE FUNDS	2015-16	2016-17	
All Other	$15,175	$15,649	
			
OTHER SPECIAL REVENUE FUNDS TOTAL	$15,175	$15,649	

LABOR, DEPARTMENT OF			
DEPARTMENT TOTALS	2015-16	2016-17	
			
FEDERAL EXPENDITURES FUND	($96,489)	($101,189)	
OTHER SPECIAL REVENUE FUNDS	$111,664	$116,838	
			
DEPARTMENT TOTAL - ALL FUNDS	$15,175	$15,649	

Effective 90 days following adjournment of the 127th Legislature, First Regular Session, unless otherwise indicated.