Minnesota Legislature
HF 1563
as introduced - 81st Legislature (1999 - 2000) Posted on 12/15/2009 12:00am
KEY: stricken = removed, old language.
underscored = added, new language.
1.1 A bill for an act 1.2 relating to child support; changing certain procedures 1.3 and requirements; making certain clarifications; 1.4 authorizing creation of an account; appropriating 1.5 money; amending Minnesota Statutes 1998, sections 1.6 13.46, subdivision 2; 13B.06, subdivision 7; 256.01, 1.7 subdivision 2; 256.87, subdivision 1a; 256.978, 1.8 subdivision 1; 257.62, subdivision 5; 257.75, 1.9 subdivision 2; 518.10; 518.551, subdivision 7 and by 1.10 adding a subdivision; 518.5851, by adding a 1.11 subdivision; 518.5853, by adding a subdivision; 1.12 548.09, subdivision 1; 548.091, subdivisions 1, 1a, 1.13 2a, 3a, 4, 10, 11, 12, and by adding a subdivision; 1.14 and 552.05, subdivisions 2 and 10; Laws 1995, chapter 1.15 257, article 1, section 35, subdivision 1; repealing 1.16 Minnesota Statutes 1998, sections 256.979; 256.9791; 1.17 and 548.091, subdivisions 3, 5, and 6. 1.18 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 1.19 ARTICLE 1 1.20 Section 1. Minnesota Statutes 1998, section 13.46, 1.21 subdivision 2, is amended to read: 1.22 Subd. 2. [GENERAL.] (a) Unless the data is summary data or 1.23 a statute specifically provides a different classification, data 1.24 on individuals collected, maintained, used, or disseminated by 1.25 the welfare system is private data on individuals, and shall not 1.26 be disclosed except: 1.27 (1) according to section 13.05; 1.28 (2) according to court order; 1.29 (3) according to a statute specifically authorizing access 1.30 to the private data; 1.31 (4) to an agent of the welfare system, including a law 2.1 enforcement person, attorney, or investigator acting for it in 2.2 the investigation or prosecution of a criminal or civil 2.3 proceeding relating to the administration of a program; 2.4 (5) to personnel of the welfare system who require the data 2.5 to determine eligibility, amount of assistance, and the need to 2.6 provide services of additional programs to the individual; 2.7 (6) to administer federal funds or programs; 2.8 (7) between personnel of the welfare system working in the 2.9 same program; 2.10 (8) the amounts of cash public assistance and relief paid 2.11 to welfare recipients in this state, including their names, 2.12 social security numbers, income, addresses, and other data as 2.13 required, upon request by the department of revenue to 2.14 administer the property tax refund law, supplemental housing 2.15 allowance, early refund of refundable tax credits, and the 2.16 income tax. "Refundable tax credits" means the dependent care 2.17 credit under section 290.067, the Minnesota working family 2.18 credit under section 290.0671, the property tax refund under 2.19 section 290A.04, and, if the required federal waiver or waivers 2.20 are granted, the federal earned income tax credit under section 2.21 32 of the Internal Revenue Code; 2.22 (9) between the department of human services and the 2.23 Minnesota department of economic security for the purpose of 2.24 monitoring the eligibility of the data subject for reemployment 2.25 insurance, for any employment or training program administered, 2.26 supervised, or certified by that agency, for the purpose of 2.27 administering any rehabilitation program, whether alone or in 2.28 conjunction with the welfare system, or to monitor and evaluate 2.29 the statewide Minnesota family investment program by exchanging 2.30 data on recipients and former recipients of food stamps, cash 2.31 assistance under chapter 256, 256D, 256J, or 256K, child care 2.32 assistance under chapter 119B, or medical programs under chapter 2.33 256B, 256D, or 256L; 2.34 (10) to appropriate parties in connection with an emergency 2.35 if knowledge of the information is necessary to protect the 2.36 health or safety of the individual or other individuals or 3.1 persons; 3.2 (11) data maintained by residential programs as defined in 3.3 section 245A.02 may be disclosed to the protection and advocacy 3.4 system established in this state according to Part C of Public 3.5 Law Number 98-527 to protect the legal and human rights of 3.6 persons with mental retardation or other related conditions who 3.7 live in residential facilities for these persons if the 3.8 protection and advocacy system receives a complaint by or on 3.9 behalf of that person and the person does not have a legal 3.10 guardian or the state or a designee of the state is the legal 3.11 guardian of the person; 3.12 (12) to the county medical examiner or the county coroner 3.13 for identifying or locating relatives or friends of a deceased 3.14 person; 3.15 (13) data on a child support obligor who makes payments to 3.16 the public agency may be disclosed to the higher education 3.17 services office to the extent necessary to determine eligibility 3.18 under section 136A.121, subdivision 2, clause (5); 3.19 (14) participant social security numbers and names 3.20 collected by the telephone assistance program may be disclosed 3.21 to the department of revenue to conduct an electronic data match 3.22 with the property tax refund database to determine eligibility 3.23 under section 237.70, subdivision 4a; 3.24 (15) the current address of a recipient of aid to families 3.25 with dependent children or Minnesota family investment 3.26 program-statewide may be disclosed to law enforcement officers 3.27 who provide the name of the recipient and notify the agency that: 3.28 (i) the recipient: 3.29 (A) is a fugitive felon fleeing to avoid prosecution, or 3.30 custody or confinement after conviction, for a crime or attempt 3.31 to commit a crime that is a felony under the laws of the 3.32 jurisdiction from which the individual is fleeing; or 3.33 (B) is violating a condition of probation or parole imposed 3.34 under state or federal law; 3.35 (ii) the location or apprehension of the felon is within 3.36 the law enforcement officer's official duties; and 4.1 (iii) the request is made in writing and in the proper 4.2 exercise of those duties; 4.3 (16) the current address of a recipient of general 4.4 assistance or general assistance medical care may be disclosed 4.5 to probation officers and corrections agents who are supervising 4.6 the recipient and to law enforcement officers who are 4.7 investigating the recipient in connection with a felony level 4.8 offense; 4.9 (17) information obtained from food stamp applicant or 4.10 recipient households may be disclosed to local, state, or 4.11 federal law enforcement officials, upon their written request, 4.12 for the purpose of investigating an alleged violation of the 4.13 Food Stamp Act, according to Code of Federal Regulations, title 4.14 7, section 272.1(c); 4.15 (18) the address, social security number, and, if 4.16 available, photograph of any member of a household receiving 4.17 food stamps shall be made available, on request, to a local, 4.18 state, or federal law enforcement officer if the officer 4.19 furnishes the agency with the name of the member and notifies 4.20 the agency that: 4.21 (i) the member: 4.22 (A) is fleeing to avoid prosecution, or custody or 4.23 confinement after conviction, for a crime or attempt to commit a 4.24 crime that is a felony in the jurisdiction the member is 4.25 fleeing; 4.26 (B) is violating a condition of probation or parole imposed 4.27 under state or federal law; or 4.28 (C) has information that is necessary for the officer to 4.29 conduct an official duty related to conduct described in subitem 4.30 (A) or (B); 4.31 (ii) locating or apprehending the member is within the 4.32 officer's official duties; and 4.33 (iii) the request is made in writing and in the proper 4.34 exercise of the officer's official duty; 4.35 (19) certain information regarding child support obligors 4.36 who are in arrears may be made public according to section 5.1 518.575; 5.2 (20) data on child support payments made by a child support 5.3 obligor and data on the distribution of those payments excluding 5.4 identifying information on obligees may be disclosed to all 5.5 obligees to whom the obligor owes support, and data on the 5.6 enforcement actions undertaken by the public authority, the 5.7 status of those actions, and data on the income of the obligor 5.8 or obligee may be disclosed to the other party; 5.9 (21) data in the work reporting system may be disclosed 5.10 under section 256.998, subdivision 7; 5.11 (22) to the department of children, families, and learning 5.12 for the purpose of matching department of children, families, 5.13 and learning student data with public assistance data to 5.14 determine students eligible for free and reduced price meals, 5.15 meal supplements, and free milk according to United States Code, 5.16 title 42, sections 1758, 1761, 1766, 1766a, 1772, and 1773; to 5.17 produce accurate numbers of students receiving aid to families 5.18 with dependent children or Minnesota family investment 5.19 program-statewide as required by section 126C.06; to allocate 5.20 federal and state funds that are distributed based on income of 5.21 the student's family; and to verify receipt of energy assistance 5.22 for the telephone assistance plan; 5.23 (23) the current address and telephone number of program 5.24 recipients and emergency contacts may be released to the 5.25 commissioner of health or a local board of health as defined in 5.26 section 145A.02, subdivision 2, when the commissioner or local 5.27 board of health has reason to believe that a program recipient 5.28 is a disease case, carrier, suspect case, or at risk of illness, 5.29 and the data are necessary to locate the person; 5.30 (24) to other state agencies, statewide systems, and 5.31 political subdivisions of this state, including the attorney 5.32 general, and agencies of other states, interstate information 5.33 networks, federal agencies, and other entities as required by 5.34 federal regulation or law for the administration of the child 5.35 support enforcement program; 5.36 (25) to personnel of public assistance programs as defined 6.1 in section 256.741, for access to the child support system 6.2 database for the purpose of administration, including monitoring 6.3 and evaluation of those public assistance programs;or6.4 (26) to monitor and evaluate the statewide Minnesota family 6.5 investment program by exchanging data between the departments of 6.6 human services and children, families, and learning, on 6.7 recipients and former recipients of food stamps, cash assistance 6.8 under chapter 256, 256D, 256J, or 256K, child care assistance 6.9 under chapter 119B, or medical programs under chapter 256B, 6.10 256D, or 256L; or 6.11 (27) to evaluate child support program performance and to 6.12 identify and prevent fraud in the child support program by 6.13 exchanging data between the department of human services, 6.14 department of revenue, department of health, department of 6.15 economic security, and other state agencies as is reasonably 6.16 necessary to perform these functions. 6.17 (b) Information on persons who have been treated for drug 6.18 or alcohol abuse may only be disclosed according to the 6.19 requirements of Code of Federal Regulations, title 42, sections 6.20 2.1 to 2.67. 6.21 (c) Data provided to law enforcement agencies under 6.22 paragraph (a), clause (15), (16), (17), or (18), or paragraph 6.23 (b), are investigative data and are confidential or protected 6.24 nonpublic while the investigation is active. The data are 6.25 private after the investigation becomes inactive under section 6.26 13.82, subdivision 5, paragraph (a) or (b). 6.27 (d) Mental health data shall be treated as provided in 6.28 subdivisions 7, 8, and 9, but is not subject to the access 6.29 provisions of subdivision 10, paragraph (b). 6.30 Sec. 2. Minnesota Statutes 1998, section 13B.06, 6.31 subdivision 7, is amended to read: 6.32 Subd. 7. [FEES.] A financial institution may not charge 6.33and collecta feefromto the public authority for providing 6.34 account information to the public authority.No financial6.35institution shall charge or collect a fee that exceeds its6.36actual costs of complying with this section. The commissioner,7.1together with an advisory group consisting of representatives of7.2the financial institutions in the state, shall determine a fee7.3structure that minimizes the cost to the state and reasonably7.4meets the needs of the financial institutions, and shall report7.5to the chairs of the judiciary committees in the house of7.6representatives and the senate by February 1, 1998, a7.7recommended fee structure for inclusion in this sectionRecovery 7.8 of costs for providing account information may be obtained 7.9 through the fee authorized in section 552.05. 7.10 Sec. 3. Minnesota Statutes 1998, section 256.01, 7.11 subdivision 2, is amended to read: 7.12 Subd. 2. [SPECIFIC POWERS.] Subject to the provisions of 7.13 section 241.021, subdivision 2, the commissioner of human 7.14 services shall: 7.15 (1) Administer and supervise all forms of public assistance 7.16 provided for by state law and other welfare activities or 7.17 services as are vested in the commissioner. Administration and 7.18 supervision of human services activities or services includes, 7.19 but is not limited to, assuring timely and accurate distribution 7.20 of benefits, completeness of service, and quality program 7.21 management. In addition to administering and supervising human 7.22 services activities vested by law in the department, the 7.23 commissioner shall have the authority to: 7.24 (a) require county agency participation in training and 7.25 technical assistance programs to promote compliance with 7.26 statutes, rules, federal laws, regulations, and policies 7.27 governing human services; 7.28 (b) monitor, on an ongoing basis, the performance of county 7.29 agencies in the operation and administration of human services, 7.30 enforce compliance with statutes, rules, federal laws, 7.31 regulations, and policies governing welfare services and promote 7.32 excellence of administration and program operation; 7.33 (c) develop a quality control program or other monitoring 7.34 program to review county performance and accuracy of benefit 7.35 determinations; 7.36 (d) require county agencies to make an adjustment to the 8.1 public assistance benefits issued to any individual consistent 8.2 with federal law and regulation and state law and rule and to 8.3 issue or recover benefits as appropriate; 8.4 (e) delay or deny payment of all or part of the state and 8.5 federal share of benefits and administrative reimbursement 8.6 according to the procedures set forth in section 256.017; 8.7 (f) make contracts with and grants to public and private 8.8 agencies and organizations, both profit and nonprofit, and 8.9 individuals, using appropriated funds; and 8.10 (g) enter into contractual agreements with federally 8.11 recognized Indian tribes with a reservation in Minnesota to the 8.12 extent necessary for the tribe to operate a federally approved 8.13 family assistance program or any other program under the 8.14 supervision of the commissioner. The commissioner shall consult 8.15 with the affected county or counties in the contractual 8.16 agreement negotiations, if the county or counties wish to be 8.17 included, in order to avoid the duplication of county and tribal 8.18 assistance program services. The commissioner may establish 8.19 necessary accounts for the purposes of receiving and disbursing 8.20 funds as necessary for the operation of the programs. 8.21 (2) Inform county agencies, on a timely basis, of changes 8.22 in statute, rule, federal law, regulation, and policy necessary 8.23 to county agency administration of the programs. 8.24 (3) Administer and supervise all child welfare activities; 8.25 promote the enforcement of laws protecting handicapped, 8.26 dependent, neglected and delinquent children, and children born 8.27 to mothers who were not married to the children's fathers at the 8.28 times of the conception nor at the births of the children; 8.29 license and supervise child-caring and child-placing agencies 8.30 and institutions; supervise the care of children in boarding and 8.31 foster homes or in private institutions; and generally perform 8.32 all functions relating to the field of child welfare now vested 8.33 in the state board of control. 8.34 (4) Administer and supervise all noninstitutional service 8.35 to handicapped persons, including those who are visually 8.36 impaired, hearing impaired, or physically impaired or otherwise 9.1 handicapped. The commissioner may provide and contract for the 9.2 care and treatment of qualified indigent children in facilities 9.3 other than those located and available at state hospitals when 9.4 it is not feasible to provide the service in state hospitals. 9.5 (5) Assist and actively cooperate with other departments, 9.6 agencies and institutions, local, state, and federal, by 9.7 performing services in conformity with the purposes of Laws 9.8 1939, chapter 431. 9.9 (6) Act as the agent of and cooperate with the federal 9.10 government in matters of mutual concern relative to and in 9.11 conformity with the provisions of Laws 1939, chapter 431, 9.12 including the administration of any federal funds granted to the 9.13 state to aid in the performance of any functions of the 9.14 commissioner as specified in Laws 1939, chapter 431, and 9.15 including the promulgation of rules making uniformly available 9.16 medical care benefits to all recipients of public assistance, at 9.17 such times as the federal government increases its participation 9.18 in assistance expenditures for medical care to recipients of 9.19 public assistance, the cost thereof to be borne in the same 9.20 proportion as are grants of aid to said recipients. 9.21 (7) Establish and maintain any administrative units 9.22 reasonably necessary for the performance of administrative 9.23 functions common to all divisions of the department. 9.24 (8) Act as designated guardian of both the estate and the 9.25 person of all the wards of the state of Minnesota, whether by 9.26 operation of law or by an order of court, without any further 9.27 act or proceeding whatever, except as to persons committed as 9.28 mentally retarded. For children under the guardianship of the 9.29 commissioner whose interests would be best served by adoptive 9.30 placement, the commissioner may contract with a licensed 9.31 child-placing agency to provide adoption services. A contract 9.32 with a licensed child-placing agency must be designed to 9.33 supplement existing county efforts and may not replace existing 9.34 county programs, unless the replacement is agreed to by the 9.35 county board and the appropriate exclusive bargaining 9.36 representative or the commissioner has evidence that child 10.1 placements of the county continue to be substantially below that 10.2 of other counties. 10.3 (9) Act as coordinating referral and informational center 10.4 on requests for service for newly arrived immigrants coming to 10.5 Minnesota. 10.6 (10) The specific enumeration of powers and duties as 10.7 hereinabove set forth shall in no way be construed to be a 10.8 limitation upon the general transfer of powers herein contained. 10.9 (11) Establish county, regional, or statewide schedules of 10.10 maximum fees and charges which may be paid by county agencies 10.11 for medical, dental, surgical, hospital, nursing and nursing 10.12 home care and medicine and medical supplies under all programs 10.13 of medical care provided by the state and for congregate living 10.14 care under the income maintenance programs. 10.15 (12) Have the authority to conduct and administer 10.16 experimental projects to test methods and procedures of 10.17 administering assistance and services to recipients or potential 10.18 recipients of public welfare. To carry out such experimental 10.19 projects, it is further provided that the commissioner of human 10.20 services is authorized to waive the enforcement of existing 10.21 specific statutory program requirements, rules, and standards in 10.22 one or more counties. The order establishing the waiver shall 10.23 provide alternative methods and procedures of administration, 10.24 shall not be in conflict with the basic purposes, coverage, or 10.25 benefits provided by law, and in no event shall the duration of 10.26 a project exceed four years. It is further provided that no 10.27 order establishing an experimental project as authorized by the 10.28 provisions of this section shall become effective until the 10.29 following conditions have been met: 10.30 (a) The secretary of health, education, and welfare of the 10.31 United States has agreed, for the same project, to waive state 10.32 plan requirements relative to statewide uniformity. 10.33 (b) A comprehensive plan, including estimated project 10.34 costs, shall be approved by the legislative advisory commission 10.35 and filed with the commissioner of administration. 10.36 (13) According to federal requirements, establish 11.1 procedures to be followed by local welfare boards in creating 11.2 citizen advisory committees, including procedures for selection 11.3 of committee members. 11.4 (14) Allocate federal fiscal disallowances or sanctions 11.5 which are based on quality control error rates for the aid to 11.6 families with dependent children, Minnesota family investment 11.7 program-statewide, medical assistance, or food stamp program in 11.8 the following manner: 11.9 (a) One-half of the total amount of the disallowance shall 11.10 be borne by the county boards responsible for administering the 11.11 programs. For the medical assistance, MFIP-S, and AFDC 11.12 programs, disallowances shall be shared by each county board in 11.13 the same proportion as that county's expenditures for the 11.14 sanctioned program are to the total of all counties' 11.15 expenditures for the AFDC, MFIP-S, and medical assistance 11.16 programs. For the food stamp program, sanctions shall be shared 11.17 by each county board, with 50 percent of the sanction being 11.18 distributed to each county in the same proportion as that 11.19 county's administrative costs for food stamps are to the total 11.20 of all food stamp administrative costs for all counties, and 50 11.21 percent of the sanctions being distributed to each county in the 11.22 same proportion as that county's value of food stamp benefits 11.23 issued are to the total of all benefits issued for all 11.24 counties. Each county shall pay its share of the disallowance 11.25 to the state of Minnesota. When a county fails to pay the 11.26 amount due hereunder, the commissioner may deduct the amount 11.27 from reimbursement otherwise due the county, or the attorney 11.28 general, upon the request of the commissioner, may institute 11.29 civil action to recover the amount due. 11.30 (b) Notwithstanding the provisions of paragraph (a), if the 11.31 disallowance results from knowing noncompliance by one or more 11.32 counties with a specific program instruction, and that knowing 11.33 noncompliance is a matter of official county board record, the 11.34 commissioner may require payment or recover from the county or 11.35 counties, in the manner prescribed in paragraph (a), an amount 11.36 equal to the portion of the total disallowance which resulted 12.1 from the noncompliance, and may distribute the balance of the 12.2 disallowance according to paragraph (a). 12.3 (15) Develop and implement special projects that maximize 12.4 reimbursements and result in the recovery of money to the 12.5 state. For the purpose of recovering state money, the 12.6 commissioner may enter into contracts with third parties. Any 12.7 recoveries that result from projects or contracts entered into 12.8 under this paragraph shall be deposited in the state treasury 12.9 and credited to a special account until the balance in the 12.10 account reaches $1,000,000. When the balance in the account 12.11 exceeds $1,000,000, the excess shall be transferred and credited 12.12 to the general fund. All money in the account is appropriated 12.13 to the commissioner for the purposes of this paragraph. 12.14 (16) Have the authority to make direct payments to 12.15 facilities providing shelter to women and their children 12.16 according to section 256D.05, subdivision 3. Upon the written 12.17 request of a shelter facility that has been denied payments 12.18 under section 256D.05, subdivision 3, the commissioner shall 12.19 review all relevant evidence and make a determination within 30 12.20 days of the request for review regarding issuance of direct 12.21 payments to the shelter facility. Failure to act within 30 days 12.22 shall be considered a determination not to issue direct payments. 12.23 (17) Have the authority to establish and enforce the 12.24 following county reporting requirements: 12.25 (a) The commissioner shall establish fiscal and statistical 12.26 reporting requirements necessary to account for the expenditure 12.27 of funds allocated to counties for human services programs. 12.28 When establishing financial and statistical reporting 12.29 requirements, the commissioner shall evaluate all reports, in 12.30 consultation with the counties, to determine if the reports can 12.31 be simplified or the number of reports can be reduced. 12.32 (b) The county board shall submit monthly or quarterly 12.33 reports to the department as required by the commissioner. 12.34 Monthly reports are due no later than 15 working days after the 12.35 end of the month. Quarterly reports are due no later than 30 12.36 calendar days after the end of the quarter, unless the 13.1 commissioner determines that the deadline must be shortened to 13.2 20 calendar days to avoid jeopardizing compliance with federal 13.3 deadlines or risking a loss of federal funding. Only reports 13.4 that are complete, legible, and in the required format shall be 13.5 accepted by the commissioner. 13.6 (c) If the required reports are not received by the 13.7 deadlines established in clause (b), the commissioner may delay 13.8 payments and withhold funds from the county board until the next 13.9 reporting period. When the report is needed to account for the 13.10 use of federal funds and the late report results in a reduction 13.11 in federal funding, the commissioner shall withhold from the 13.12 county boards with late reports an amount equal to the reduction 13.13 in federal funding until full federal funding is received. 13.14 (d) A county board that submits reports that are late, 13.15 illegible, incomplete, or not in the required format for two out 13.16 of three consecutive reporting periods is considered 13.17 noncompliant. When a county board is found to be noncompliant, 13.18 the commissioner shall notify the county board of the reason the 13.19 county board is considered noncompliant and request that the 13.20 county board develop a corrective action plan stating how the 13.21 county board plans to correct the problem. The corrective 13.22 action plan must be submitted to the commissioner within 45 days 13.23 after the date the county board received notice of noncompliance. 13.24 (e) The final deadline for fiscal reports or amendments to 13.25 fiscal reports is one year after the date the report was 13.26 originally due. If the commissioner does not receive a report 13.27 by the final deadline, the county board forfeits the funding 13.28 associated with the report for that reporting period and the 13.29 county board must repay any funds associated with the report 13.30 received for that reporting period. 13.31 (f) The commissioner may not delay payments, withhold 13.32 funds, or require repayment under paragraph (c) or (e) if the 13.33 county demonstrates that the commissioner failed to provide 13.34 appropriate forms, guidelines, and technical assistance to 13.35 enable the county to comply with the requirements. If the 13.36 county board disagrees with an action taken by the commissioner 14.1 under paragraph (c) or (e), the county board may appeal the 14.2 action according to sections 14.57 to 14.69. 14.3 (g) Counties subject to withholding of funds under 14.4 paragraph (c) or forfeiture or repayment of funds under 14.5 paragraph (e) shall not reduce or withhold benefits or services 14.6 to clients to cover costs incurred due to actions taken by the 14.7 commissioner under paragraph (c) or (e). 14.8 (18) Allocate federal fiscal disallowances or sanctions for 14.9 audit exceptions when federal fiscal disallowances or sanctions 14.10 are based on a statewide random sample for the foster care 14.11 program under title IV-E of the Social Security Act, United 14.12 States Code, title 42, in direct proportion to each county's 14.13 title IV-E foster care maintenance claim for that period. 14.14 (19) Be responsible for ensuring the detection, prevention, 14.15 investigation, and resolution of fraudulent activities or 14.16 behavior by applicants, recipients, and other participants in 14.17 the human services programs administered by the department. 14.18 (20) Require county agencies to identify overpayments, 14.19 establish claims, and utilize all available and cost-beneficial 14.20 methodologies to collect and recover these overpayments in the 14.21 human services programs administered by the department. 14.22 (21) Have the authority to administer a drug rebate program 14.23 for drugs purchased pursuant to the senior citizen drug program 14.24 established under section 256.955 after the beneficiary's 14.25 satisfaction of any deductible established in the program. The 14.26 commissioner shall require a rebate agreement from all 14.27 manufacturers of covered drugs as defined in section 256B.0625, 14.28 subdivision 13. For each drug, the amount of the rebate shall 14.29 be equal to the basic rebate as defined for purposes of the 14.30 federal rebate program in United States Code, title 42, section 14.31 1396r-8(c)(1). This basic rebate shall be applied to 14.32 single-source and multiple-source drugs. The manufacturers must 14.33 provide full payment within 30 days of receipt of the state 14.34 invoice for the rebate within the terms and conditions used for 14.35 the federal rebate program established pursuant to section 1927 14.36 of title XIX of the Social Security Act. The manufacturers must 15.1 provide the commissioner with any information necessary to 15.2 verify the rebate determined per drug. The rebate program shall 15.3 utilize the terms and conditions used for the federal rebate 15.4 program established pursuant to section 1927 of title XIX of the 15.5 Social Security Act. 15.6 (22) Have the authority to make rules to distribute to 15.7 county child support agencies federal incentive funds and state 15.8 funds distributed to county agencies pursuant to sections 15.9 256.979, 256.9791, and 518.5511. The rules may allow the 15.10 commissioner to retain funds to effectively administer the child 15.11 support program. 15.12 Sec. 4. Minnesota Statutes 1998, section 256.87, 15.13 subdivision 1a, is amended to read: 15.14 Subd. 1a. [CONTINUING SUPPORT CONTRIBUTIONS.] In addition 15.15 to granting the county or state agency a money judgment, the 15.16 court may, upon a motion or order to show cause, order 15.17 continuing support contributions by a parent found able to 15.18 reimburse the county or state agency. The order shall be 15.19 effective for the period of time during which the recipient 15.20 receives public assistance from any county or state agency and 15.21 thereafter. The order shall require support according to 15.22 chapter 518 and include the names and social security numbers of 15.23 the father, mother, and the child or children. An order for 15.24 continuing contributions is reinstated without further hearing 15.25 upon notice to the parent by any county or state agency that 15.26 public assistance, as defined in section 256.741, is again being 15.27 provided for the child of the parent. The notice shall be in 15.28 writing and shall indicate that the parent may request a hearing 15.29 for modification of the amount of support or maintenance. 15.30 Sec. 5. Minnesota Statutes 1998, section 256.978, 15.31 subdivision 1, is amended to read: 15.32 Subdivision 1. [REQUEST FOR INFORMATION.] (a) The public 15.33 authority responsible for child support in this state or any 15.34 other state, in order to locate a person or to obtain 15.35 information necessary to establish paternity and child support 15.36 or to modify or enforce child support or distribute collections, 16.1 may request information reasonably necessary to the inquiry from 16.2 the records of (1) all departments, boards, bureaus, or other 16.3 agencies of this state, which shall, notwithstanding the 16.4 provisions of section 268.19 or any other law to the contrary, 16.5 provide the information necessary for this purpose.; and (2) 16.6 employers, utility companies, insurance companies, financial 16.7 institutions, credit grantors, and labor associations doing 16.8 business in this state. They shall provideinformation as16.9provided under subdivision 2a response upon written or 16.10 electronic requestby an agency responsible for child support16.11enforcement regarding individuals owing or allegedly owing a16.12duty to supportwithin 30 days of service of the request made by 16.13 the public authority. Information requested and used or 16.14 transmitted by the commissioner according to the authority 16.15 conferred by this section may be made available to other 16.16 agencies, statewide systems, and political subdivisions of this 16.17 state, and agencies of other states, interstate information 16.18 networks, federal agencies, and other entities as required by 16.19 federal regulation or law for the administration of the child 16.20 support enforcement program. 16.21 (b) For purposes of this section, "state" includes the 16.22 District of Columbia, Puerto Rico, the United States Virgin 16.23 Islands, and any territory or insular possession subject to the 16.24 jurisdiction of the United States. 16.25 Sec. 6. Minnesota Statutes 1998, section 257.62, 16.26 subdivision 5, is amended to read: 16.27 Subd. 5. [POSITIVE TEST RESULTS.] (a) If the results of 16.28 blood or genetic tests completed in a laboratory accredited by 16.29 the American Association of Blood Banks indicate that the 16.30 likelihood of the alleged father's paternity, calculated with a 16.31 prior probability of no more than 0.5 (50 percent), is 92 16.32 percent or greater, upon motion the court shall order the 16.33 alleged father to pay temporary child support determined 16.34 according to chapter 518. The alleged father shall pay the 16.35 support money to the public authority if the public authority is 16.36 a party and is providing services to the parties or, if not, 17.1 into court pursuant to the rules of civil procedure to await the 17.2 results of the paternity proceedings. 17.3 (b) If the results of blood or genetic tests completed in a 17.4 laboratory accredited by the American Association of Blood Banks 17.5 indicate that likelihood of the alleged father's paternity, 17.6 calculated with a prior probability of no more than 0.5 (50 17.7 percent), is 99 percent or greater, the alleged father is 17.8 presumed to be the parent and the party opposing the 17.9 establishment of the alleged father's paternity has the burden 17.10 of proving by clear and convincing evidence that the alleged 17.11 father is not the father of the child. 17.12 Sec. 7. Minnesota Statutes 1998, section 257.75, 17.13 subdivision 2, is amended to read: 17.14 Subd. 2. [REVOCATION OF RECOGNITION.] A recognition may be 17.15 revoked in a writing signed by the mother or father before a 17.16 notary public and filed with the state registrar of vital 17.17 statistics within the earlier of3060 days after the 17.18 recognition is executed or the date of an administrative or 17.19 judicial hearing relating to the child in which the revoking 17.20 party is a party to the related action. A joinder in a 17.21 recognition may be revoked in a writing signed by the man who 17.22 executed the joinder and filed with the state registrar of vital 17.23 statistics within3060 days after the joinder is executed. 17.24 Upon receipt of a revocation of the recognition of parentage or 17.25 joinder in a recognition, the state registrar of vital 17.26 statistics shall forward a copy of the revocation to the 17.27 nonrevoking parent, or, in the case of a joinder in a 17.28 recognition, to the mother and father who executed the 17.29 recognition. 17.30 Sec. 8. Minnesota Statutes 1998, section 518.10, is 17.31 amended to read: 17.32 518.10 [REQUISITES OF PETITION.] 17.33 The petition for dissolution of marriage or legal 17.34 separation shall state and allege: 17.35 (a) the name, address, and, in circumstances in which child 17.36 support or spousal maintenance will be addressed, social 18.1 security number of the petitioner and any prior or other name 18.2 used by the petitioner; 18.3 (b) the name and, if known, the address and, in 18.4 circumstances in which child support or spousal maintenance will 18.5 be addressed, social security number of the respondent and any 18.6 prior or other name used by the respondent and known to the 18.7 petitioner; 18.8 (c) the place and date of the marriage of the parties; 18.9 (d) in the case of a petition for dissolution, that either 18.10 the petitioner or the respondent or both: 18.11 (1) has resided in this state for not less than 180 days 18.12 immediately preceding the commencement of the proceeding, or 18.13 (2) has been a member of the armed services and has been 18.14 stationed in this state for not less than 180 days immediately 18.15 preceding the commencement of the proceeding, or 18.16 (3) has been a domiciliary of this state for not less than 18.17 180 days immediately preceding the commencement of the 18.18 proceeding; 18.19 (e) the name at the time of the petition and any prior or 18.20 other name, social security number, age and date of birth of 18.21 each living minor or dependent child of the parties born before 18.22 the marriage or born or adopted during the marriage and a 18.23 reference to, and the expected date of birth of, a child of the 18.24 parties conceived during the marriage but not born; 18.25 (f) whether or not a separate proceeding for dissolution, 18.26 legal separation, or custody is pending in a court in this state 18.27 or elsewhere; 18.28 (g) in the case of a petition for dissolution, that there 18.29 has been an irretrievable breakdown of the marriage 18.30 relationship; 18.31 (h) in the case of a petition for legal separation, that 18.32 there is a need for a decree of legal separation; 18.33 (i) any temporary or permanent maintenance, child support, 18.34 child custody, disposition of property, attorneys' fees, costs 18.35 and disbursements applied for without setting forth the amounts; 18.36 and 19.1 (j) whether an order for protection under chapter 518B or a 19.2 similar law of another state that governs the parties or a party 19.3 and a minor child of the parties is in effect and, if so, the 19.4 district court or similar jurisdiction in which it was entered. 19.5 The petition shall be verified by the petitioner or 19.6 petitioners, and its allegations established by competent 19.7 evidence. 19.8 Sec. 9. Minnesota Statutes 1998, section 518.551, is 19.9 amended by adding a subdivision to read: 19.10 Subd. 15. [LICENSE SUSPENSION.] (a) Upon motion of an 19.11 obligee or the public authority, which has been properly served 19.12 on the obligor by first class mail at the last known address or 19.13 in person, and if at a hearing, the court or an administrative 19.14 law judge finds (1) the obligor is in arrears in court-ordered 19.15 child support or maintenance payments, or both, in an amount 19.16 equal to or greater than three times the obligor's total monthly 19.17 support and maintenance payments and is not in compliance with a 19.18 written payment agreement regarding both current support and 19.19 arrearages, or (2) has failed, after receiving notice, to comply 19.20 with a subpoena relating to a paternity or child support 19.21 proceeding, the court or administrative law judge may direct the 19.22 commissioner of natural resources to suspend or bar receipt of 19.23 the obligor's recreational license or licenses. 19.24 (b) For the purposes of this subdivision, a recreational 19.25 license includes all licenses, permits, and stamps issued 19.26 centrally by the commissioner of natural resources under 19.27 sections 97B.301, 97B.401, 97B.501, 97B.515, 97B.601, 97B.715, 19.28 97B.721, 97B.801, 97C.301, and 97C.305. 19.29 (c) An obligor whose recreational license or licenses have 19.30 been suspended or barred may provide proof to the court or 19.31 administrative law judge that the obligor is in compliance with 19.32 all written payment agreements regarding both current support 19.33 and arrearages. Within 15 days of receipt of that proof, the 19.34 court or administrative law judge may notify the commissioner of 19.35 natural resources that the obligor's recreational license or 19.36 licenses should no longer be suspended nor should receipt be 20.1 barred. 20.2 Sec. 10. Minnesota Statutes 1998, section 518.5851, is 20.3 amended by adding a subdivision to read: 20.4 Subd. 6. [CREDITOR COLLECTIONS.] The central collections 20.5 unit under this section is not a third party under chapters 550, 20.6 552, and 571 for purposes of creditor collection efforts against 20.7 child support and maintenance order obligors or obligees, and 20.8 shall not be subject to creditor levy, attachment, or 20.9 garnishment. 20.10 Sec. 11. Minnesota Statutes 1998, section 518.5853, is 20.11 amended by adding a subdivision to read: 20.12 Subd. 11. [COLLECTIONS UNIT RECOUPMENT ACCOUNT.] The 20.13 commissioner of human services may establish a revolving account 20.14 to cover funds issued in error due to insufficient funds or 20.15 other reasons. Appropriations for this purpose and all 20.16 recoupments against payments from the account shall be deposited 20.17 in the collections unit's recoupment account and are 20.18 appropriated to the commissioner. Any unexpended balance in the 20.19 account does not cancel, but is available until expended. 20.20 Sec. 12. Minnesota Statutes 1998, section 548.09, 20.21 subdivision 1, is amended to read: 20.22 Subdivision 1. [ENTRY AND DOCKETING; SURVIVAL OF 20.23 JUDGMENT.] Except as provided in section 548.091, every judgment 20.24 requiring the payment of money shall bedocketedentered by the 20.25 court administratorupon its entrywhen ordered by the court and 20.26 will be docketed by the court administrator upon the filing of 20.27 an affidavit as provided in subdivision 2. Upon a transcript of 20.28 the docket being filed with the court administrator in any other 20.29 county, the court administrator shall also docket it. From the 20.30 time of docketing the judgment is a lien, in the amount unpaid, 20.31 upon all real property in the county then or thereafter owned by 20.32 the judgment debtor, but it is not a lien upon registered land 20.33 unless it is also filed pursuant to sections 508.63 and 20.34 508A.63. The judgment survives, and the lien continues, for ten 20.35 years after its entry. Child support judgments may be 20.36 renewedby service of notice upon the debtor. Service shall be21.1by certified mail at the last known address of the debtor or in21.2the manner provided for the service of civil process. Upon the21.3filing of the notice and proof of service the court21.4administrator shall renew the judgment for child support without21.5any additional filing feepursuant to section 548.091. 21.6 Sec. 13. Minnesota Statutes 1998, section 548.091, 21.7 subdivision 1, is amended to read: 21.8 Subdivision 1. [ENTRY AND DOCKETING OF MAINTENANCE 21.9 JUDGMENT.] (a) A judgment for unpaid amounts under a judgment or 21.10 decree of dissolution or legal separation that provides for 21.11 installment or periodic payments of maintenance shall be entered 21.12and docketedby the court administratoronlywhen ordered by the 21.13 court or shall be entered and docketed by the court 21.14 administrator when the following conditions are met: 21.15(a)(1) the obligee determines that the obligor is at least 21.16 30 days in arrears; 21.17(b)(2) the obligee serves a copy of an affidavit of 21.18 default and notice of intent to enter and docket judgment on the 21.19 obligor by first class mail at the obligor's last known post 21.20 office address. Service shall be deemed complete upon mailing 21.21 in the manner designated. The affidavit shall state the full 21.22 name, occupation, place of residence, and last known post office 21.23 address of the obligor, the name and post office address of the 21.24 obligee, the date of the first unpaid amount, the date of the 21.25 last unpaid amount, and the total amount unpaid; 21.26(c)(3) the obligor fails within 20 days after mailing of 21.27 the notice either to pay all unpaid amounts or to request a 21.28 hearing on the issue of whether arrears claimed owing have been 21.29 paid and to seek, ex parte, a stay of entry of judgment; and 21.30(d)(4) not less than 20 days after service on the obligor 21.31 in the manner provided, the obligee files with the court 21.32 administrator the affidavit of default together with proof of 21.33 service and, if payments have been received by the obligee since 21.34 execution of the affidavit of default, a supplemental affidavit 21.35 setting forth the amount of payment received and the amount for 21.36 which judgment is to be entered and docketed. 22.1 (b) A judgment entered and docketed under this subdivision 22.2 has the same effect and is subject to the same procedures, 22.3 defenses, and proceedings as any other judgment in district 22.4 court, and may be enforced or satisfied in the same manner as 22.5 judgments under section 548.09. 22.6 (c) An obligor whose property is subject to the lien of a 22.7 judgment for installment of periodic payments of maintenance 22.8 under section 548.09, and who claims that no amount of 22.9 maintenance is in arrears, may move the court ex parte for an 22.10 order directing the court administrator to vacate the lien of 22.11 the judgment on the docket and register of the action where it 22.12 was entered. The obligor shall file with the motion an 22.13 affidavit stating: 22.14 (1) the lien attached upon the docketing of a judgment or 22.15 decree of dissolution or separate maintenance; 22.16 (2) the docket was made while no installment or periodic 22.17 payment of maintenance was unpaid or overdue; and 22.18 (3) no installment or periodic payment of maintenance that 22.19 was due prior to the filing of the motion remains unpaid or 22.20 overdue. 22.21 The court shall grant the obligor's motion as soon as 22.22 possible if the pleadings and affidavit show that there is and 22.23 has been no default. 22.24 Sec. 14. Minnesota Statutes 1998, section 548.091, 22.25 subdivision 1a, is amended to read: 22.26 Subd. 1a. [CHILD SUPPORT JUDGMENT BY OPERATION OF LAW.] 22.27 (a) Any payment or installment of support required by a judgment 22.28 or decree of dissolution or legal separation, determination of 22.29 parentage, an order under chapter 518C, an order under section 22.30 256.87, or an order under section 260.251, that is not paid or 22.31 withheld from the obligor's income as required under section 22.32 518.6111, or which is ordered as child support by judgment, 22.33 decree, or order by a court in any other state, is a judgment by 22.34 operation of law on and after the date it is dueand, is 22.35 entitled to full faith and credit in this state and any other 22.36 state, and shall be entered and docketed by the court 23.1 administrator on the filing of affidavits as provided in 23.2 subdivision 2a. Except as otherwise provided by paragraph (b), 23.3 interest accrues from the date the unpaid amount due is greater 23.4 than the current support due at the annual rate provided in 23.5 section 549.09, subdivision 1, plus two percent, not to exceed 23.6 an annual rate of 18 percent. A payment or installment of 23.7 support that becomes a judgment by operation of law between the 23.8 date on which a party served notice of a motion for modification 23.9 under section 518.64, subdivision 2, and the date of the court's 23.10 order on modification may be modified under that subdivision. 23.11 (b) Notwithstanding the provisions of section 549.09, upon 23.12 motion to the court and upon proof by the obligor of 36 23.13 consecutive months of complete and timely payments of both 23.14 current support and court-ordered paybacks of a child support 23.15 debt or arrearage, the court may order interest on the remaining 23.16 debt or arrearage to stop accruing. Timely payments are those 23.17 made in the month in which they are due. If, after that time, 23.18 the obligor fails to make complete and timely payments of both 23.19 current support and court-ordered paybacks of child support debt 23.20 or arrearage, the public authority or the obligee may move the 23.21 court for the reinstatement of interest as of the month in which 23.22 the obligor ceased making complete and timely payments. 23.23 The court shall provide copies of all orders issued under 23.24 this section to the public authority. The commissioner of human 23.25 services shall prepare and make available to the court and the 23.26 parties forms to be submitted by the parties in support of a 23.27 motion under this paragraph. 23.28 Sec. 15. Minnesota Statutes 1998, section 548.091, 23.29 subdivision 2a, is amended to read: 23.30 Subd. 2a. [ENTRY AND DOCKETING OF CHILD SUPPORT 23.31 JUDGMENT.] (a) On or after the date an unpaid amount becomes a 23.32 judgment by operation of law under subdivision 1a, the obligee 23.33 or the public authority may file with the court administrator,23.34either electronically or by other means: 23.35 (1) a statement identifying, or a copy of, the judgment or 23.36 decree of dissolution or legal separation, determination of 24.1 parentage, order under chapter 518B or 518C, an order under 24.2 section 256.87, an order under section 260.251, or judgment, 24.3 decree, or order for child support by a court in any other 24.4 state, which provides for periodic installments of child 24.5 support, or a judgment or notice of attorney fees and collection 24.6 costs under section 518.14, subdivision 2; 24.7 (2) an affidavit of default. The affidavit of default must 24.8 state the full name, occupation, place of residence, and last 24.9 known post office address of the obligor, the name and post 24.10 office address of the obligee, the date or dates payment was due 24.11 and not received and judgment was obtained by operation of law, 24.12 the total amount of the judgments tothe date of filing, and the24.13amount and frequency of the periodic installments of child24.14support that will continue to become due and payable subsequent24.15to the date of filingbe entered and docketed; and 24.16 (3) an affidavit of service of a notice of intent to enter 24.17 and docket judgment and to recover attorney fees and collection 24.18 costs on the obligor, in person or by first class mail at the 24.19 obligor's last known post office address. Service is completed 24.20 upon mailing in the manner designated. Where applicable, a 24.21 notice of interstate lien in the form promulgated under United 24.22 States Code, title 42, section 652(a), is sufficient to satisfy 24.23 the requirements of clauses (1) and (2). 24.24 (b) A judgment entered and docketed under this subdivision 24.25 has the same effect and is subject to the same procedures, 24.26 defenses, and proceedings as any other judgment in district 24.27 court, and may be enforced or satisfied in the same manner as 24.28 judgments under section 548.09, except as otherwise provided. 24.29 Sec. 16. Minnesota Statutes 1998, section 548.091, 24.30 subdivision 3a, is amended to read: 24.31 Subd. 3a. [ENTRY, DOCKETING, AND SURVIVAL OF CHILD SUPPORT 24.32 JUDGMENT.] Upon receipt of the documents filed under subdivision 24.33 2a, the court administrator shall enter and docket the judgment 24.34 in the amount of the unpaid obligation identified in the 24.35 affidavit of defaultand note the amount and frequency of the24.36periodic installments of child support that will continue to25.1become due and payable after the date of docketing.From the25.2time of docketing, the judgment is a lien upon all the real25.3property in the county owned by the judgment debtor, but it is25.4not a lien on registered land unless the obligee or the public25.5authority causes a notice of judgment lien or certified copy of25.6the judgment to be memorialized on the certificate of title or25.7certificate of possessory title under section 508.63 or25.8508A.63. The judgment survives and the lien continues for ten25.9years after the date the judgment was docketed.25.10 Subd. 3b. [CHILD SUPPORT JUDGMENT ADMINISTRATIVE 25.11 RENEWALS.] Child support judgments may be renewed by service of 25.12 notice upon the debtor. Serviceshallmust be bycertified25.13 first class mail at the last known address of the debtor, with 25.14 service deemed complete upon mailing in the manner designated, 25.15 or in the manner provided for the service of civil process. 25.16 Upon the filing of the notice and proof of service, the court 25.17 administrator shall administratively renew the judgment for 25.18 child support without any additional filing fee in the same 25.19 court file as the original child support judgment. The judgment 25.20 must be renewed in an amount equal to the unpaid principle plus 25.21 the accrued unpaid interest. Child support judgments may be 25.22 renewed multiple times until paid. 25.23 Sec. 17. Minnesota Statutes 1998, section 548.091, 25.24 subdivision 4, is amended to read: 25.25 Subd. 4. [CHILD SUPPORT HEARING.] A child support obligor 25.26 may request a hearing under the rules of civil procedure on the 25.27 issue of whether the judgment amount or amounts have been paid 25.28 and may move the court for an order directing the court 25.29 administrator to vacate or modify the judgment or judgmentson25.30the docket and register in any county or other jurisdiction in25.31which judgment or judgments wereentered pursuant to this action. 25.32 The court shall grant the obligor's motion if it determines 25.33 that there is no default. 25.34 Sec. 18. Minnesota Statutes 1998, section 548.091, is 25.35 amended by adding a subdivision to read: 25.36 Subd. 5a. [ADDITIONAL CHILD SUPPORT JUDGMENTS.] As child 26.1 support payments continue to become due and are unpaid, 26.2 additional judgments may be entered and docketed by following 26.3 the procedures in subdivision 1a. Each judgment entered and 26.4 docketed for unpaid child support payments must be treated as a 26.5 distinct judgment for purposes of enforcement and satisfaction. 26.6 Sec. 19. Minnesota Statutes 1998, section 548.091, 26.7 subdivision 10, is amended to read: 26.8 Subd. 10. [RELEASE OF LIEN.] Upon payment of the amount 26.9 dueunder subdivision 5, the public authority shall execute and 26.10 deliver a satisfaction of the judgment lien within five business 26.11 days. 26.12 Sec. 20. Minnesota Statutes 1998, section 548.091, 26.13 subdivision 11, is amended to read: 26.14 Subd. 11. [SPECIAL PROCEDURES.] The public authority shall 26.15 negotiate a release of lien on specific property for less than 26.16 the full amount due where the proceeds of a sale or financing, 26.17 less reasonable and necessary closing expenses, are not 26.18 sufficient to satisfy all encumbrances on the liened property. 26.19 Partial releases do not release the obligor's personal liability 26.20 for the amount unpaid. A partial satisfaction for the amount 26.21 received must be filed with the court administrator. 26.22 Sec. 21. Minnesota Statutes 1998, section 548.091, 26.23 subdivision 12, is amended to read: 26.24 Subd. 12. [CORRECTING ERRORS.] The public authority shall 26.25 maintain a process to review the identity of the obligor and to 26.26 issue releases of lien in cases of misidentification. The 26.27 public authority shall maintain a process to review the amount 26.28 of child supportdetermined to be delinquent and to issue26.29amended notices of judgment lien in cases of incorrectly26.30docketedjudgments arising by operation of law. The public 26.31 authority may move the court for an order to amend the judgment 26.32 when the amount of judgment entered and docketed is incorrect. 26.33 Sec. 22. Minnesota Statutes 1998, section 552.05, 26.34 subdivision 2, is amended to read: 26.35 Subd. 2. [DUTIES OF FINANCIAL INSTITUTION.] Within two 26.36 business days after receipt of the execution levy and exemption 27.1 and right to hearing notice, the financial institution shall 27.2 serve upon the judgment debtor the exemption and right to 27.3 hearing notice. The financial institution shall serve the 27.4 notice by first class mail to the last known address of the 27.5 judgment debtor. If no claim of exemption or request for 27.6 hearing is received by the public authority within 14 days after 27.7 the notice is mailed to the judgment debtor, the public 27.8 authority shall notify the financial institution within seven 27.9 days that the funds remain subject to the execution levy and 27.10 shall be remitted to the public authority. If a claim of 27.11 exemption or a request for hearing is received by the public 27.12 authority within 14 days after the exemption notice is mailed to 27.13 the judgment debtor, the public authority shall within seven 27.14 days notify the financial institution either to release the 27.15 funds to the judgment debtor or that the funds remain subject to 27.16 the execution levy pending the determination of an 27.17 administrative law judge at a requested contested case 27.18 proceeding. When notified by the public authority to release 27.19 the funds, the financial institution shall release the funds to 27.20 the public authority or to the judgment debtor, as directed by 27.21 the public authority, within two business days. Upon release of 27.22 funds to the public authority, the financial institution may 27.23 charge the judgment debtor's account an amount up to $25 for 27.24 recovery of costs under section 13B.06. 27.25 Sec. 23. Minnesota Statutes 1998, section 552.05, 27.26 subdivision 10, is amended to read: 27.27 Subd. 10. [FORMS.]The commissioner of human services27.28shall develop statutory forms for use as required under this27.29chapter. In developing these forms, the commissioner shall27.30consult with the attorney general, representatives of financial27.31institutions, and legal services. The commissioner shall report27.32back to the legislature by February 1, 1998, with recommended27.33forms to be included in this chapter.Forms for use in this 27.34 section must be substantially in the following form: 27.35 (a) OFFICE OF ADMINISTRATIVE HEARINGS 27.36 File No. .............. 28.1 ............. (Public authority) 28.2 against NOTICE OF THIRD PARTY 28.3 ............. (Judgment Debtor) LEVY AND DISCLOSURE 28.4 and (OTHER THAN EARNINGS) 28.5 ............. (Third Party) 28.6 PLEASE TAKE NOTICE that pursuant to Minnesota Statutes, 28.7 chapter 552, the undersigned, as representative of the public 28.8 authority responsible for child support enforcement, makes 28.9 demand and levies execution upon all money due and owing by you 28.10 to the judgment debtor for the amount of the judgment specified 28.11 below. A copy of the notice of support order levy is enclosed. 28.12 The unpaid judgment balance is $......... 28.13 In responding to this levy, you are to complete the 28.14 attached disclosure form and mail it to the public authority, 28.15 together with your check payable to the public authority, for 28.16 the nonexempt amount owed by you to the judgment debtor or for 28.17 which you are obligated to the judgment debtor, within the time 28.18 limits in Minnesota Statutes, chapter 552. 28.19 Two exemption notices are also enclosed pursuant to 28.20 Minnesota Statutes, section 552.02. 28.21 Public Authority 28.22 Address 28.23 (..............) 28.24 Telephone Number 28.25 DISCLOSURE 28.26 On the .... day of .........., ...., the time of service of 28.27 the execution levy herein, there was due and owing the judgment 28.28 debtor from the third party the following: 28.29 (1) Money. Enter on the line below any amounts due and 28.30 owing the judgment debtor, except earnings, from the third party. 28.31 ....................................... 28.32 (2) Setoff. Enter on the line below the amount of any 28.33 setoff, defense, lien, or claim which the third party claims 28.34 against the amount set forth on line (1). State the facts by 28.35 which the setoff, defense, lien, or claim is claimed. (Any 28.36 indebtedness to you incurred by the judgment debtor within ten 29.1 days prior to the receipt of the first execution levy on a debt 29.2 may not be claimed as a setoff, defense, lien, or claim against 29.3 the amount set forth on line (1). 29.4 ....................................... 29.5 (3) Exemption. Enter on the line below any amounts or 29.6 property claimed by the judgment debtor to be exempt from 29.7 execution. 29.8 ....................................... 29.9 (4) Adverse Interest. Enter on the line below any amounts 29.10 claimed by other persons by reason of ownership or interest in 29.11 the judgment debtor's property. 29.12 ....................................... 29.13 (5) Enter on the line below the total of lines (2), (3), 29.14 and (4). 29.15 ....................................... 29.16 (6) Enter on the line below the difference obtained (never 29.17 less than zero) when line (5) is subtracted from the amount on 29.18 line (1). 29.19 ....................................... 29.20 (7) Enter on the line below 100 percent of the amount of 29.21 the public authority's claim which remains unpaid. 29.22 ....................................... 29.23 (8) Enter on the line below the lesser of line (6) or line 29.24 (7). You are instructed to remit this amount only if it is $10 29.25 or more. 29.26 ....................................... 29.27 AFFIRMATION 29.28 I, ................ (person signing Affirmation), am the 29.29 third party or I am authorized by the third party to complete 29.30 this nonearnings disclosure, and have done so truthfully and to 29.31 the best of my knowledge. 29.32 Dated: .............. Signature 29.33 ................. 29.34 ................. 29.35 Title 29.36 ................. 30.1 Telephone Number 30.2 (b) OFFICE OF ADMINISTRATIVE HEARINGS 30.3 ....................(Public authority) OBJECTION TO 30.4 ....................(Judgment Debtor) EXEMPTION CLAIM 30.5 ....................(Garnishes)(Third Party) 30.6 The public authority objects to your claim for exemption 30.7 from levy of execution for the following reasons: 30.8 ............................... 30.9 ............................... 30.10 ............................... 30.11 Because of this objection, your financial institution will 30.12 retain the funds you claimed to be exempt for an additional ten 30.13 days. If you wish to request a hearing on your exemption claim, 30.14 you should do so within ten days of your receipt of this 30.15 objection. You may request a hearing by completing the attached 30.16 form and filing it with the office of administrative hearings. 30.17 (1) The office of administrative hearings shall provide 30.18 clerical assistance to help with the writing and filing of a 30.19 Request for Hearing by any person not represented by counsel. 30.20 The office of administrative hearings may charge a fee of $1 for 30.21 the filing of a Request for Hearing. 30.22 (2) Upon the filing of a Request for Hearing, the office of 30.23 administrative hearings shall schedule the matter for a hearing 30.24 no later than five business days from the date of filing. The 30.25 office of administrative hearings shall promptly send a 30.26 completed copy of the request, including the hearing date, time, 30.27 and place to the adverse party, the public authority, and the 30.28 financial institution by first class mail. 30.29 (3) If it is possible that the financial institution might 30.30 not receive the requested mailed form from the court 30.31 administrator within ten days, then you may want to personally 30.32 deliver a copy of the request to the financial institution after 30.33 you have filed your request with the office of administrative 30.34 hearings. 30.35 (4) An order stating whether your funds are exempt shall be 30.36 issued by the office of administrative hearings within three 31.1 days of the date of the hearing. 31.2 If you do not file a Request for Hearing within ten days of 31.3 the date you receive this objection, your financial institution 31.4 may turn your funds over to the public authority. 31.5 If you file a Request for Hearing and your financial 31.6 institution receives it within ten days of the date it received 31.7 this objection, your financial institution will retain your 31.8 funds claimed to be exempt until otherwise ordered by the office 31.9 of administrative hearings. 31.10 .......................... 31.11 Attorney for Public Authority 31.12 (c) OFFICE OF ADMINISTRATIVE HEARINGS 31.13 ....................(Public authority) RESPONSE TO 31.14 ....................(Judgment Debtor) MISTAKE OF FACT 31.15 ....................(Garnishes)(Third Party) 31.16 The public authority responds to your asserted mistake of 31.17 fact as follows: 31.18 ................................... 31.19 ................................... 31.20 ................................... 31.21 Because of this response, your financial institution will 31.22 retain the funds subject to execution levy for an additional ten 31.23 days. If you wish to request a hearing on your asserted mistake 31.24 of fact, you should do so within ten days of your receipt of 31.25 this response. You may request a hearing by completing the 31.26 attached form and filing it with the office of administrative 31.27 hearings. 31.28 (1) Upon the filing of a Request for Hearing, the office of 31.29 administrative hearings shall schedule the matter for a hearing 31.30 no later than five business days from the date of filing. The 31.31 office of administrative hearings shall promptly send a 31.32 completed copy of the request, including the hearing date, time, 31.33 and place to the adverse party and to the public authority by 31.34 first class mail. 31.35 (2) If it is possible that the public authority might not 31.36 receive the requested mailed form from the court administrator 32.1 within ten days, then you may want to personally deliver a copy 32.2 of the request for hearing to the public authority after you 32.3 have filed your request with the office of administrative 32.4 hearings. 32.5 (3) An order stating whether a mistake of fact exists as to 32.6 your money that is subject to execution levy shall be issued by 32.7 the office of administrative hearings within three days of the 32.8 date of the hearing. If a mistake of fact exists as to the 32.9 amount of support owed, the court will direct the public 32.10 authority to notify your financial institution of the correct 32.11 amount of your money that is subject to the execution levy. 32.12 If you do not file a Request for Hearing within ten days of 32.13 the date you receive this response, the public authority will 32.14 direct your financial institution to turn your funds over to the 32.15 public authority. 32.16 ......................... 32.17 Attorney for Public Authority 32.18 (d) OFFICE OF ADMINISTRATIVE HEARINGS 32.19 ..................(Public authority) REQUEST FOR 32.20 ..................(Judgment Debtor) HEARING AND NOTICE 32.21 ..................(Garnishes)(Third Party) FOR HEARING 32.22 I hereby request a hearing to resolve the (exemption claim) 32.23 (mistake of fact) which has been made in this case regarding 32.24 funds in the account of ............. (Judgment Debtor) at the 32.25 .............. (Financial Institution). 32.26 I believe the property being held is exempt because 32.27 ....................................................... 32.28 I believe the public authority made a mistake of fact 32.29 because 32.30 ....................................................... 32.31 Dated: ........... ........................ 32.32 (Judgment Debtor) 32.33 ........................ 32.34 (Address) 32.35 ........................ 32.36 HEARING DATE: ............... 33.1 HEARING PLACE: ............... 33.2 (Note to both parties: Bring with you to the hearing all 33.3 documents and materials relevant to the exemption claim and 33.4 objection. Failure to do so could delay the court's decision.) 33.5 Sec. 24. Laws 1995, chapter 257, article 1, section 35, 33.6 subdivision 1, is amended to read: 33.7 Subdivision 1. [CHILD SUPPORT ASSURANCE.]The commissioner33.8of human services shall seek a waiver from the secretary of the33.9United States Department of Health and Human Services to enable33.10the department of human services to operate a demonstration33.11project of child support assurance. The commissioner shall seek33.12authority from the legislature to implement a demonstration33.13project of child support assurance when enhanced federal funds33.14become available for this purpose.The department of human 33.15 services shall continue to plan a demonstration project of child 33.16 support assurance by administering the grant awarded under the 33.17 federal program entitled "Developing a Plan for a Child Support 33.18 Assurance Program." 33.19 Sec. 25. [REPEALER.] 33.20 Minnesota Statutes 1998, sections 256.979; and 256.9791, 33.21 are repealed as of the date that rules promulgated pursuant to 33.22 Minnesota Statutes, section 256.01, subdivision 2, paragraph 33.23 (22), become effective. Minnesota Statutes 1998, section 33.24 548.091, subdivisions 3, 5, and 6, are repealed. 33.25 ARTICLE 2 33.26 Section 1. Minnesota Statutes 1998, section 518.551, 33.27 subdivision 7, is amended to read: 33.28 Subd. 7. [SERVICE FEEFEES FOR IV-D SERVICES.]When the33.29public agency responsible for child support enforcement provides33.30child support collection services either to a public assistance33.31recipient or to a party who does not receive public assistance,33.32the public agency may upon written notice to the obligor charge33.33a monthly collection fee equivalent to the full monthly cost to33.34the county of providing collection services, in addition to the33.35amount of the child support which was ordered by the court. The33.36fee shall be deposited in the county general fund. The service34.1fee assessed is limited to ten percent of the monthly court34.2ordered child support and shall not be assessed to obligors who34.3are current in payment of the monthly court ordered child34.4support.34.5 (a) An application fee of $25 shall be paid by the person 34.6 who applies for child support and maintenance collection 34.7 services, except persons who are receiving public assistance as 34.8 defined in section 256.741, persons who transfer from public 34.9 assistance to nonpublic assistance status, and minor parents and 34.10 parents enrolled in a public secondary school, area learning 34.11 center, or alternative learning program approved by the 34.12 commissioner of children, families, and learning. 34.13 (b) Fees assessed by state and federal tax agencies for 34.14 collection of overdue support owed to or on behalf of a person 34.15 not receiving public assistance must be imposed on the person 34.16 for whom these services are provided. The public authority upon 34.17 written notice to the obligee shall assess a fee of $25 to the 34.18 person not receiving public assistance for each successful 34.19 federal tax interception. The fee must be withheld prior to the 34.20 release of the funds received from each interception and 34.21 deposited in the general fund. 34.22However,(c) The limitations of this subdivision on the 34.23 assessment of fees shall not apply to the extent inconsistent 34.24 with the requirements of federal law for receiving funds for the 34.25 programs under Title IV-A and Title IV-D of the Social Security 34.26 Act, United States Code, title 42, sections 601 to 613 and 34.27 United States Code, title 42, sections 651 to 662. 34.28 (d) If the public authority provides child support or 34.29 maintenance collection services to a case in which the obligee 34.30 is not receiving public assistance as defined in section 34.31 256.741, the public authority shall, upon written notice to the 34.32 obligee, charge the obligee a monthly service fee of two 34.33 percent. The service fee must be applied to the amount of the 34.34 child support or maintenance to be distributed and must be 34.35 deducted from the child support or maintenance payment before 34.36 disbursement to the obligee. 35.1 (e) If the public authority provides child support or 35.2 maintenance collection services to a case, the public authority 35.3 shall, upon written notice to the obligor, charge the obligor a 35.4 monthly service fee of two percent. The service fee must be 35.5 assessed based on the amount of the monthly court-ordered child 35.6 support or maintenance obligation. Service fees assessed under 35.7 this subdivision are subject to the same enforcement remedies as 35.8 any other support obligation owed by an obligor. If an 35.9 arrearage exists at the time a support order would otherwise 35.10 terminate, the obligor's monthly service fee must continue to be 35.11 assessed in an amount equal to two percent of the last monthly 35.12 court-ordered amount until all arrears have been paid in full. 35.13 (f) Service fees collected under paragraphs (d) and (e) 35.14 must be considered child support program income in accordance 35.15 with Code of Federal Regulations, title 45, section 304.50, and 35.16 must be deposited in the general fund. 35.17 (g) If a family is no longer eligible for public assistance 35.18 as defined in section 256.741, the public authority responsible 35.19 for child support enforcement must notify the family, within 35.20 five working days of the notification of ineligibility that IV-D 35.21 services will be continued unless the public authority is 35.22 notified to the contrary by the family. The notice must include 35.23 the consequences of continuing to receive IV-D services, 35.24 including the available services and the fees and distribution 35.25 policies. 35.26 Sec. 2. [EFFECTIVE DATE.] 35.27 Section 1 is effective January 1, 2001.