as introduced - 82nd Legislature (2001 - 2002) Posted on 12/15/2009 12:00am
1.1 A bill for an act 1.2 relating to child support; permitting the issuance of 1.3 a limited license under certain circumstances to a 1.4 person whose driver's license is suspended for 1.5 nonpayment of support; clarifying requirements 1.6 relating to payment agreements; amending Minnesota 1.7 Statutes 2000, sections 171.186, subdivisions 1, 3, by 1.8 adding a subdivision; 171.30, subdivision 1; 518.551, 1.9 subdivisions 12, 13, 14, 15; 518.553. 1.10 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 1.11 Section 1. Minnesota Statutes 2000, section 171.186, 1.12 subdivision 1, is amended to read: 1.13 Subdivision 1. [SUSPENSION.] The commissioner shall 1.14 suspend a person's driver's license or operating privileges 1.15 without a hearing upon receipt of a court order or notice from a 1.16 public authority responsible for child support enforcement that 1.17 states that the driver is in arrears in court-ordered child 1.18 support or maintenance payments, or both, in an amount equal to 1.19 or greater than three times the obligor's total monthly support 1.20 and maintenance payments, and is not in compliance with a 1.21 written payment agreementregarding both current support and1.22arrearagesrequired under section 518.553 that is approved by a 1.23 court, a child support magistrate, or the public authority 1.24 responsible for child support enforcement, in accordance with 1.25 section 518.551, subdivision 13. 1.26 Sec. 2. Minnesota Statutes 2000, section 171.186, 1.27 subdivision 3, is amended to read: 2.1 Subd. 3. [DURATION.] A license or operating privilege must 2.2 remain suspended and may not be reinstated, nor may a license be 2.3 subsequently issued to the person, until the commissioner 2.4 receives notice from the court, a child support magistrate, or 2.5 public authority responsible for child support enforcement that 2.6 the person is in compliance with all current orders of support 2.7 or written payment agreementsregarding both current support and2.8arrearagesrequired under section 518.553. A fee may not be 2.9 assessed for reinstatement of a license under this section. 2.10 Sec. 3. Minnesota Statutes 2000, section 171.186, is 2.11 amended by adding a subdivision to read: 2.12 Subd. 4. [LIMITED LICENSE.] (a) Notwithstanding 2.13 subdivision 3, the commissioner must issue a limited license to 2.14 a person who is otherwise eligible and whose license has been 2.15 suspended under this section upon receipt of a court order or 2.16 notice from a public authority responsible for child support 2.17 enforcement pursuant to section 518.551, subdivision 13, that 2.18 states: 2.19 (1) the driver has child support and maintenance arrears in 2.20 an amount not more than six times the obligor's total monthly 2.21 child support and maintenance obligation, and is not in 2.22 compliance with a written payment agreement; 2.23 (2) the obligor's employment, attendance at 2.24 employment-related education or training, or compliance with 2.25 court-ordered parenting time depends upon the use of a driver's 2.26 license; and 2.27 (3) the obligor's use of public transportation or 2.28 carpooling would be a significant hardship or public 2.29 transportation or carpooling is unavailable to the obligor. 2.30 (b) A limited license issued under this subdivision expires 2.31 90 days after the date it is issued unless otherwise ordered by 2.32 the court. 2.33 Sec. 4. Minnesota Statutes 2000, section 171.30, 2.34 subdivision 1, is amended to read: 2.35 Subdivision 1. [CONDITIONS OF ISSUANCE.] (a) In any case 2.36 where a person's license has been suspended under section 171.18 3.1 or 171.173, or revoked under section 169.792, 169.797, 169A.52, 3.2 169A.54, 171.17, or 171.172, the commissioner may issue a 3.3 limited license to the driver including under the following 3.4 conditions: 3.5 (1) if the driver's livelihood or attendance at a chemical 3.6 dependency treatment or counseling program depends upon the use 3.7 of the driver's license; 3.8 (2) if the use of a driver's license by a homemaker is 3.9 necessary to prevent the substantial disruption of the 3.10 education, medical, or nutritional needs of the family of the 3.11 homemaker; or 3.12 (3) if attendance at a post-secondary institution of 3.13 education by an enrolled student of that institution depends 3.14 upon the use of the driver's license. 3.15 (b) The commissioner in issuing a limited license may 3.16 impose such conditions and limitations as in the commissioner's 3.17 judgment are necessary to the interests of the public safety and 3.18 welfare including reexamination as to the driver's 3.19 qualifications. The license may be limited to the operation of 3.20 particular vehicles, to particular classes and times of 3.21 operation and to particular conditions of traffic. The 3.22 commissioner may require that an applicant for a limited license 3.23 affirmatively demonstrate that use of public transportation or 3.24 carpooling as an alternative to a limited license would be a 3.25 significant hardship. 3.26 (c) For purposes of this subdivision, "homemaker" refers to 3.27 the person primarily performing the domestic tasks in a 3.28 household of residents consisting of at least the person and the 3.29 person's dependent child or other dependents. 3.30 (d) The limited license issued by the commissioner shall 3.31 clearly indicate the limitations imposed and the driver 3.32 operating under the limited license shall have the license in 3.33 possession at all times when operating as a driver. 3.34 (e) In determining whether to issue a limited license, the 3.35 commissioner shall consider the number and the seriousness of 3.36 prior convictions and the entire driving record of the driver 4.1 and shall consider the number of miles driven by the driver 4.2 annually. 4.3 (f) If the person's driver's license or permit to drive has 4.4 been revoked under section 169.792 or 169.797, the commissioner 4.5 may only issue a limited license to the person after the person 4.6 has presented an insurance identification card, policy, or 4.7 written statement indicating that the driver or owner has 4.8 insurance coverage satisfactory to the commissioner of public 4.9 safety. The commissioner of public safety may require the 4.10 insurance identification card provided to satisfy this 4.11 subdivision be certified by the insurance company to be 4.12 noncancelable for a period not to exceed 12 months. 4.13 (g) The commissioner must issue a limited license to a 4.14 driver when ordered by a court or directed by a public authority 4.15 responsible for child support enforcement pursuant to section 4.16 518.551, subdivision 13. The limited license issued for this 4.17 purpose expires 90 days after the date it is issued unless 4.18 otherwise ordered by the court. 4.19 Sec. 5. Minnesota Statutes 2000, section 518.551, 4.20 subdivision 12, is amended to read: 4.21 Subd. 12. [OCCUPATIONAL LICENSE SUSPENSION.] (a) Upon 4.22 motion of an obligee, if the court finds that the obligor is or 4.23 may be licensed by a licensing board listed in section 214.01 or 4.24 other state, county, or municipal agency or board that issues an 4.25 occupational license and the obligor is in arrears in 4.26 court-ordered child support or maintenance payments or both in 4.27 an amount equal to or greater than three times the obligor's 4.28 total monthly support and maintenance payments and is not in 4.29 compliance with a written payment agreementregarding both4.30current support and arrearagespursuant to section 518.553 that 4.31 is approved by the court, a child support magistrate, or the 4.32 public authority, the court shall direct the licensing board or 4.33 other licensing agency to suspend the license under section 4.34 214.101. The court's order must be stayed for 90 days in order 4.35 to allow the obligor to execute a written payment 4.36 agreementregarding both current support and arrearagespursuant 5.1 to section 518.553. The payment agreement must be approved by 5.2 either the court or the public authority responsible for child 5.3 support enforcement. If the obligor has not executed or is not 5.4 in compliance with a written payment agreementregarding both5.5current support and arrearagespursuant to section 518.553 after 5.6 the 90 days expires, the court's order becomes effective. If 5.7 the obligor is a licensed attorney, the court shall report the 5.8 matter to the lawyers professional responsibility board for 5.9 appropriate action in accordance with the rules of professional 5.10 conduct. The remedy under this subdivision is in addition to 5.11 any other enforcement remedy available to the court. 5.12 (b) If a public authority responsible for child support 5.13 enforcement finds that the obligor is or may be licensed by a 5.14 licensing board listed in section 214.01 or other state, county, 5.15 or municipal agency or board that issues an occupational license 5.16 and the obligor is in arrears in court-ordered child support or 5.17 maintenance payments or both in an amount equal to or greater 5.18 than three times the obligor's total monthly support and 5.19 maintenance payments and is not in compliance with a written 5.20 payment agreementregarding both current support and arrearages5.21 pursuant to section 518.553 that is approved by the court, a 5.22 child support magistrate, or the public authority, the court or 5.23 the public authority shall direct the licensing board or other 5.24 licensing agency to suspend the license under section 214.101. 5.25 If the obligor is a licensed attorney, the public authority may 5.26 report the matter to the lawyers professional responsibility 5.27 board for appropriate action in accordance with the rules of 5.28 professional conduct. The remedy under this subdivision is in 5.29 addition to any other enforcement remedy available to the public 5.30 authority. 5.31 (c) At least 90 days before notifying a licensing authority 5.32 or the lawyers professional responsibility board under paragraph 5.33 (b), the public authority shall mail a written notice to the 5.34 license holder addressed to the license holder's last known 5.35 address that the public authority intends to seek license 5.36 suspension under this subdivision and that the license holder 6.1 must request a hearing within 30 days in order to contest the 6.2 suspension. If the license holder makes a written request for a 6.3 hearing within 30 days of the date of the notice, a court 6.4 hearing or a hearing under section 484.702 must be held. 6.5 Notwithstanding any law to the contrary, the license holder must 6.6 be served with 14 days' notice in writing specifying the time 6.7 and place of the hearing and the allegations against the license 6.8 holder. The notice may be served personally or by mail. If the 6.9 public authority does not receive a request for a hearing within 6.10 30 days of the date of the notice, and the obligor does not 6.11 execute a written payment agreementregarding both current6.12support and arrearagespursuant to section 518.553 that is 6.13 approved by the public authority within 90 days of the date of 6.14 the notice, the public authority shall direct the licensing 6.15 board or other licensing agency to suspend the obligor's license 6.16 under paragraph (b), or shall report the matter to the lawyers 6.17 professional responsibility board. 6.18 (d) The public authority or the court shall notify the 6.19 lawyers professional responsibility board for appropriate action 6.20 in accordance with the rules of professional responsibility 6.21 conduct or order the licensing board or licensing agency to 6.22 suspend the license if the judge finds that: 6.23 (1) the person is licensed by a licensing board or other 6.24 state agency that issues an occupational license; 6.25 (2) the person has not made full payment of arrearages 6.26 found to be due by the public authority; and 6.27 (3) the person has not executed or is not in compliance 6.28 with a payment plan approved by the court, a child support 6.29 magistrate, or the public authority. 6.30 (e) Within 15 days of the date on which the obligor either 6.31 makes full payment of arrearages found to be due by the court or 6.32 public authority or executes and initiates good faith compliance 6.33 with a written payment plan approved by the court, a child 6.34 support magistrate, or the public authority, the court, a child 6.35 support magistrate, or the public authority responsible for 6.36 child support enforcement shall notify the licensing board or 7.1 licensing agency or the lawyers professional responsibility 7.2 board that the obligor is no longer ineligible for license 7.3 issuance, reinstatement, or renewal under this subdivision. 7.4 (f) In addition to the criteria established under this 7.5 section for the suspension of an obligor's occupational license, 7.6 a court, a child support magistrate, or the public authority may 7.7 direct the licensing board or other licensing agency to suspend 7.8 the license of a party who has failed, after receiving notice, 7.9 to comply with a subpoena relating to a paternity or child 7.10 support proceeding. Notice to an obligor of intent to suspend 7.11 must be served by first class mail at the obligor's last known 7.12 address. The notice must inform the obligor of the right to 7.13 request a hearing. If the obligor makes a written request 7.14 within ten days of the date of the hearing, a hearing must be 7.15 held. At the hearing, the only issues to be considered are 7.16 mistake of fact and whether the obligor received the subpoena. 7.17 (g) The license of an obligor who fails to remain in 7.18 compliance with an approved payment agreement may be suspended. 7.19 Notice to the obligor of an intent to suspend under this 7.20 paragraph must be served by first class mail at the obligor's 7.21 last known address and must include a notice of hearing. The 7.22 notice must be served upon the obligor not less than ten days 7.23 before the date of the hearing. If the obligor appears at the 7.24 hearing and the judge determines that the obligor has failed to 7.25 comply with an approved payment agreement, the judge shall 7.26 notify the occupational licensing board or agency to suspend the 7.27 obligor's license under paragraph (c). If the obligor fails to 7.28 appear at the hearing, the public authority may notify the 7.29 occupational or licensing board to suspend the obligor's license 7.30 under paragraph (c). 7.31 Sec. 6. Minnesota Statutes 2000, section 518.551, 7.32 subdivision 13, is amended to read: 7.33 Subd. 13. [DRIVER'S LICENSE SUSPENSION.] (a) Upon motion 7.34 of an obligee, which has been properly served on the obligor and 7.35 upon which there has been an opportunity for hearing, if a court 7.36 finds that the obligor has been or may be issued a driver's 8.1 license by the commissioner of public safety and the obligor is 8.2 in arrears in court-ordered child support or maintenance 8.3 payments, or both, in an amount equal to or greater than three 8.4 times the obligor's total monthly support and maintenance 8.5 payments and is not in compliance with a written payment 8.6 agreementregarding both current support and arrearagespursuant 8.7 to section 518.553 that is approved by the court, a child 8.8 support magistrate, or the public authority, the court shall 8.9 order the commissioner of public safety to suspend the obligor's 8.10 driver's license. The court's order must be stayed for 90 days 8.11 in order to allow the obligor to execute a written payment 8.12 agreementregarding both current support and arrearages,8.13whichpursuant to section 518.553. The payment agreement must 8.14 be approved by either the court or the public authority 8.15 responsible for child support enforcement. If the obligor has 8.16 not executed or is not in compliance with a written payment 8.17 agreementregarding both current support and arrearagespursuant 8.18 to section 518.553 after the 90 days expires, the court's order 8.19 becomes effective and the commissioner of public safety shall 8.20 suspend the obligor's driver's license. The remedy under this 8.21 subdivision is in addition to any other enforcement remedy 8.22 available to the court. An obligee may not bring a motion under 8.23 this paragraph within 12 months of a denial of a previous motion 8.24 under this paragraph. 8.25 (b) If a public authority responsible for child support 8.26 enforcement determines that the obligor has been or may be 8.27 issued a driver's license by the commissioner of public safety 8.28 and the obligor is in arrears in court-ordered child support or 8.29 maintenance payments or both in an amount equal to or greater 8.30 than three times the obligor's total monthly support and 8.31 maintenance payments and not in compliance with a written 8.32 payment agreementregarding both current support and arrearages8.33 pursuant to section 518.553 that is approved by the court, a 8.34 child support magistrate, or the public authority, the public 8.35 authority shall direct the commissioner of public safety to 8.36 suspend the obligor's driver's license. The remedy under this 9.1 subdivision is in addition to any other enforcement remedy 9.2 available to the public authority. 9.3 (c) At least 90 days prior to notifying the commissioner of 9.4 public safety according to paragraph (b), the public authority 9.5 must mail a written notice to the obligor at the obligor's last 9.6 known address, that it intends to seek suspension of the 9.7 obligor's driver's license and that the obligor must request a 9.8 hearing within 30 days in order to contest the suspension. If 9.9 the obligor makes a written request for a hearing within 30 days 9.10 of the date of the notice, a court hearing must be held. 9.11 Notwithstanding any law to the contrary, the obligor must be 9.12 served with 14 days' notice in writing specifying the time and 9.13 place of the hearing and the allegations against the obligor. 9.14 The notice may be served personally or by mail. If the public 9.15 authority does not receive a request for a hearing within 30 9.16 days of the date of the notice, and the obligor does not execute 9.17 a written payment agreementregarding both current support and9.18arrearagespursuant to section 518.553 that is approved by the 9.19 public authority within 90 days of the date of the notice, the 9.20 public authority shall direct the commissioner of public safety 9.21 to suspend the obligor's driver's license under paragraph (b). 9.22 (d) At a hearing requested by the obligor under paragraph 9.23 (c), and on finding that the obligor is in arrears in 9.24 court-ordered child support or maintenance payments or both in 9.25 an amount equal to or greater than three times the obligor's 9.26 total monthly support and maintenance payments, the district 9.27 court or child support magistrate shall order the commissioner 9.28 of public safety to suspend the obligor's driver's license or 9.29 operating privileges unless the court or child support 9.30 magistrate determines that the obligor has executed and is in 9.31 compliance with a written payment agreementregarding both9.32current support and arrearagespursuant to section 518.553 that 9.33 is approved by the court, a child support magistrate, or the 9.34 public authority. 9.35 (e) An obligor whose driver's license or operating 9.36 privileges are suspended may: 10.1 (1) provide proof to the public authority responsible for 10.2 child support enforcement that the obligor is in compliance with 10.3 all written payment agreementsregarding both current support10.4and arrearages.pursuant to section 518.553; or 10.5 (2) bring a motion for reinstatement of the driver's 10.6 license. At the hearing, the court or child support magistrate 10.7 may establish a written payment agreement pursuant to section 10.8 518.553. 10.9 Within 15 days of the receipt of that proof or a court 10.10 order, the public authority shall inform the commissioner of 10.11 public safety that the obligor's driver's license or operating 10.12 privileges should no longer be suspended. 10.13 (f) On January 15, 1997, and every two years after that, 10.14 the commissioner of human services shall submit a report to the 10.15 legislature that identifies the following information relevant 10.16 to the implementation of this section: 10.17 (1) the number of child support obligors notified of an 10.18 intent to suspend a driver's license; 10.19 (2) the amount collected in payments from the child support 10.20 obligors notified of an intent to suspend a driver's license; 10.21 (3) the number of cases paid in full and payment agreements 10.22 executed in response to notification of an intent to suspend a 10.23 driver's license; 10.24 (4) the number of cases in which there has been 10.25 notification and no payments or payment agreements; 10.26 (5) the number of driver's licenses suspended; and 10.27 (6) the cost of implementation and operation of the 10.28 requirements of this section. 10.29 (g) In addition to the criteria established under this 10.30 section for the suspension of an obligor's driver's license, a 10.31 court, a child support magistrate, or the public authority may 10.32 direct the commissioner of public safety to suspend the license 10.33 of a party who has failed, after receiving notice, to comply 10.34 with a subpoena relating to a paternity or child support 10.35 proceeding. Notice to an obligor of intent to suspend must be 10.36 served by first class mail at the obligor's last known address. 11.1 The notice must inform the obligor of the right to request a 11.3 hearing. If the obligor makes a written request within ten days 11.4 of the date of the hearing, a hearing must be held. At the 11.5 hearing, the only issues to be considered are mistake of fact 11.6 and whether the obligor received the subpoena. 11.7 (h) The license of an obligor who fails to remain in 11.8 compliance with an approved payment agreement may be suspended. 11.9 Notice to the obligor of an intent to suspend under this 11.10 paragraph must be served by first class mail at the obligor's 11.11 last known address and must include a notice of hearing. The 11.12 notice must be served upon the obligor not less than ten days 11.13 before the date of the hearing. If the obligor appears at the 11.14 hearing and the judge determines that the obligor has failed to 11.15 comply with an approved payment agreement, the judge shall 11.16 notify the department of public safety to suspend the obligor's 11.17 license under paragraph (c). If the obligor fails to appear at 11.18 the hearing, the public authority may notify the department of 11.19 public safety to suspend the obligor's license under paragraph 11.20 (c). 11.21 (i) The court or the public authority may order or direct 11.22 the commissioner of public safety to issue a limited license to 11.23 an obligor if: 11.24 (1) the obligor's license has been suspended under this 11.25 subdivision; 11.26 (2) the obligor has child support and maintenance arrears 11.27 amounting to not more than six times the obligor's total monthly 11.28 child support and maintenance obligation and the obligor is not 11.29 in compliance with a payment agreement; 11.30 (3) the obligor's employment, attendance at 11.31 employment-related education or training, or compliance with 11.32 court-ordered parenting time depends upon the use of a driver's 11.33 license; and 11.34 (4) the obligor's use of public transportation or 11.35 carpooling would be a significant hardship or public 11.36 transportation or carpooling is unavailable to the obligor. 11.37 Sec. 7. Minnesota Statutes 2000, section 518.551, 12.1 subdivision 14, is amended to read: 12.2 Subd. 14. [MOTOR VEHICLE LIEN.] (a) Upon motion of an 12.3 obligee, if a court finds that the obligor is a debtor for a 12.4 judgment debt resulting from nonpayment of court-ordered child 12.5 support or maintenance payments, or both, in an amount equal to 12.6 or greater than three times the obligor's total monthly support 12.7 and maintenance payments, the court shall order the commissioner 12.8 of public safety to enter a lien in the name of the obligee or 12.9 in the name of the state of Minnesota, as appropriate, in 12.10 accordance with section 168A.05, subdivision 8, unless the court 12.11 finds that the obligor is in compliance with a written payment 12.12 agreementregarding both current support and arrearagespursuant 12.13 to section 518.553 that is approved by the court, a child 12.14 support magistrate, or the public authority. The court's order 12.15 must be stayed for 90 days in order to allow the obligor to 12.16 execute a written payment agreementregarding both current12.17support and arrearagespursuant to section 518.553, 12.18 whichagreementshall be approved by either the court or the 12.19 public authority responsible for child support enforcement. If 12.20 the obligor has not executed or is not in compliance with a 12.21 written payment agreementregarding both current support and12.22arrearagespursuant to section 518.553 that is approved by the 12.23 court, a child support magistrate, or the public authority 12.24 within the 90-day period, the court's order becomes effective 12.25 and the commissioner of public safety shall record the lien on 12.26 any motor vehicle certificate of title subsequently issued in 12.27 the name of the obligor. The remedy under this subdivision is 12.28 in addition to any other enforcement remedy available to the 12.29 court. 12.30 (b) If a public authority responsible for child support 12.31 enforcement determines that the obligor is a debtor for judgment 12.32 debt resulting from nonpayment of court-ordered child support or 12.33 maintenance payments, or both, in an amount equal to or greater 12.34 than three times the obligor's total monthly support and 12.35 maintenance payments, the public authority shall direct the 12.36 commissioner of public safety to enter a lien in the name of the 13.1 obligee or in the name of the state of Minnesota, as 13.2 appropriate, under section 168A.05, subdivision 8, on any motor 13.3 vehicle certificate of title subsequently issued in the name of 13.4 the obligor unless the public authority determines that the 13.5 obligor is in compliance with a written payment agreement 13.6regarding both current support and arrearagespursuant to 13.7 section 518.553 that is approved by the court, a child support 13.8 magistrate, or the public authority. The remedy under this 13.9 subdivision is in addition to any other enforcement remedy 13.10 available to the public agency. 13.11 (c) At least 90 days prior to notifying the commissioner of 13.12 public safety pursuant to paragraph (b), the public authority 13.13 must mail a written notice to the obligor at the obligor's last 13.14 known address, that it intends to record a lien on any motor 13.15 vehicle certificate of title subsequently issued in the name of 13.16 the obligor and that the obligor must request a hearing within 13.17 30 days in order to contest the action. If the obligor makes a 13.18 written request for a hearing within 30 days of the date of the 13.19 notice, a court hearing must be held. Notwithstanding any law 13.20 to the contrary, the obligor must be served with 14 days' notice 13.21 in writing specifying the time and place of the hearing and the 13.22 allegations against the obligor. The notice may be served 13.23 personally or by mail. If the public authority does not receive 13.24 a request for a hearing within 30 days of the date of the notice 13.25 and the obligor does not execute or is not in compliance with a 13.26 written payment agreementregarding both current support and13.27arrearagespursuant to section 518.553 that is approved by the 13.28 public authority within 90 days of the date of the notice, the 13.29 public authority shall direct the commissioner of public safety 13.30 to record the lien under paragraph (b). 13.31 (d) At a hearing requested by the obligor under paragraph 13.32 (c), and on finding that the obligor is in arrears in 13.33 court-ordered child support or maintenance payments or both in 13.34 an amount equal to or greater than three times the obligor's 13.35 total monthly support and maintenance payments, the district 13.36 court or child support magistrate shall order the commissioner 14.1 of public safety to record the lien unless the court or child 14.2 support magistrate determines that the obligor has executed and 14.3 is in compliance with a written payment agreementregarding both14.4current support and arrearagespursuant to section 518.553 that 14.5 is determined to be acceptable by the court, a child support 14.6 magistrate, or the public authority. 14.7 (e) An obligor may provide proof to the court or the public 14.8 authority responsible for child support enforcement that the 14.9 obligor is in compliance with all written payment agreements 14.10regarding both current support and arrearagespursuant to 14.11 section 518.553 or that the value of the motor vehicle is less 14.12 than the exemption provided under section 550.37. Within 15 14.13 days of the receipt of that proof, the court or public authority 14.14 shall either execute a release of security interest under 14.15 section 168A.20, subdivision 4, and mail or deliver the release 14.16 to the owner or other authorized person or shall direct the 14.17 commissioner of public safety not to enter a lien on any motor 14.18 vehicle certificate of title subsequently issued in the name of 14.19 the obligor in instances where a lien has not yet been entered. 14.20 (f) Any lien recorded against a motor vehicle certificate 14.21 of title under this section and section 168A.05, subdivision 8, 14.22 attaches only to the nonexempt value of the motor vehicle as 14.23 determined in accordance with section 550.37. The value of a 14.24 motor vehicle must be determined in accordance with the retail 14.25 value described in the N.A.D.A. Official Used Car Guide, Midwest 14.26 Edition, for the current year, or in accordance with the 14.27 purchase price as defined in section 297B.01, subdivision 8. 14.28 Sec. 8. Minnesota Statutes 2000, section 518.551, 14.29 subdivision 15, is amended to read: 14.30 Subd. 15. [LICENSE SUSPENSION.] (a) Upon motion of an 14.31 obligee or the public authority, which has been properly served 14.32 on the obligor by first class mail at the last known address or 14.33 in person, and if at a hearing, the court finds that (1) the 14.34 obligor is in arrears in court-ordered child support or 14.35 maintenance payments, or both, in an amount equal to or greater 14.36 than six times the obligor's total monthly support and 15.1 maintenance payments and is not in compliance with a written 15.2 payment agreementregarding both current support and15.3arrearagespursuant to section 518.553, or (2) has failed, after 15.4 receiving notice, to comply with a subpoena relating to a 15.5 paternity or child support proceeding, the court may direct the 15.6 commissioner of natural resources to suspend or bar receipt of 15.7 the obligor's recreational license or licenses. Prior to 15.8 utilizing this subdivision, the court must find that other 15.9 substantial enforcement mechanisms have been attempted but have 15.10 not resulted in compliance. 15.11 (b) For purposes of this subdivision, a recreational 15.12 license includes all licenses, permits, and stamps issued 15.13 centrally by the commissioner of natural resources under 15.14 sections 97B.301, 97B.401, 97B.501, 97B.515, 97B.601, 97B.715, 15.15 97B.721, 97B.801, 97C.301, and 97C.305. 15.16 (c) An obligor whose recreational license or licenses have 15.17 been suspended or barred may provide proof to the court that the 15.18 obligor is in compliance with all written payment agreements 15.19regarding both current support and arrearagespursuant to 15.20 section 518.553. Within 15 days of receipt of that proof, the 15.21 court shall notify the commissioner of natural resources that 15.22 the obligor's recreational license or licenses should no longer 15.23 be suspended nor should receipt be barred. 15.24 Sec. 9. Minnesota Statutes 2000, section 518.553, is 15.25 amended to read: 15.26 518.553 [PAYMENT AGREEMENTS.] 15.27 In proposing or approving proposed written payment 15.28 agreements for purposes of section 518.551, the court, a child 15.29 support magistrate, or the public authority shall take into 15.30 consideration the amount of the arrearages, the amount of the 15.31 current support order, any pending request for modification, and 15.32 the earnings of the obligor. The court, child support 15.33 magistrate, or public authority shall consider the individual 15.34 financial circumstances of each obligor in evaluating the 15.35 obligor's ability to pay any proposed payment agreement and 15.36 shall propose a reasonable payment agreement tailored to the 16.1 individual financial circumstances of each obligor. The court, 16.2 child support magistrate, or public authority also shall 16.3 consider a graduated payment plan tailored to the individual 16.4 financial circumstances of each obligor.