1.1                          A bill for an act
  1.2             relating to family law; child support, paternity, 
  1.3             visitation, and marriage dissolution; classifying 
  1.4             government data and providing access to data; 
  1.5             modifying procedures in paternity determinations; 
  1.6             providing for financial data matches; changing 
  1.7             provisions for driver's license suspension, motor 
  1.8             vehicle liens, payment agreements and child support 
  1.9             judgments; providing the manner of publishing support 
  1.10            obligors in arrears; providing a child support lien; 
  1.11            requiring mandatory jail time for certain nonsupport 
  1.12            offenders; making the summary dissolution process 
  1.13            permanent; requiring studies; specifying penalties; 
  1.14            appropriating money; amending Minnesota Statutes 1996, 
  1.15            sections 13.46, subdivision 2; 13.99, by adding a 
  1.16            subdivision; 144.223; 171.19; 256.87, subdivisions 1, 
  1.17            1a, 3, 5, and by adding a subdivision; 256.978, 
  1.18            subdivisions 1 and 2; 256.979, subdivisions 5, 6, 7, 
  1.19            8, and by adding a subdivision; 256.9791, subdivision 
  1.20            1; 256.9792, subdivisions 1 and 2; 256.998, 
  1.21            subdivisions 1, 6, 7, 9, and by adding subdivisions; 
  1.22            257.62, subdivisions 1 and 2; 257.66, subdivision 3, 
  1.23            and by adding a subdivision; 257.70; 257.75, 
  1.24            subdivisions 1a, 2, 3, 4, 5, and 7; 299C.46, 
  1.25            subdivision 3; 508.63; 508A.63; 517.01; 517.03; 
  1.26            517.08, subdivision 1a; 517.20; 518.005, by adding a 
  1.27            subdivision; 518.10; 518.148, subdivision 2; 518.157; 
  1.28            518.171, subdivisions 1 and 4; 518.175, subdivisions 1 
  1.29            and 6; 518.1751; 518.179, subdivision 1; 518.195; 
  1.30            518.54, subdivision 6, and by adding a subdivision; 
  1.31            518.551, subdivisions 5b, 7, 12, 13, 14, and by adding 
  1.32            a subdivision; 518.5511, subdivisions 1, 2, 3, 4, and 
  1.33            by adding a subdivision; 518.5512, subdivisions 2, 3, 
  1.34            and by adding subdivisions; 518.553; 518.575; 518.616, 
  1.35            by adding a subdivision; 518.64, subdivision 2; 
  1.36            518.641, subdivision 2; 518.68, subdivision 2; 
  1.37            518C.101; 518C.204; 518C.205; 518C.207; 518C.301; 
  1.38            518C.304; 518C.305; 518C.310; 518C.401; 518C.501; 
  1.39            518C.603; 518C.605; 518C.608; 518C.611; 518C.612; 
  1.40            518C.701; 519.05; 548.091, subdivisions 1a, 2a, 3a, 
  1.41            and by adding subdivisions; 550.37, subdivision 24; 
  1.42            609.375, by adding a subdivision; and 626.556, 
  1.43            subdivision 2; proposing coding for new law in 
  1.44            Minnesota Statutes, chapters 13B; 256; 518; 518C; and 
  1.45            552; repealing Minnesota Statutes 1996, sections 
  1.46            256.74; 256.979, subdivision 9; 256.996; 518.5511, 
  2.1             subdivisions 5, 6, 7, 8, and 9; 518.611; 518.613; 
  2.2             518.645; 518C.502; 518C.9011; and 609.375, 
  2.3             subdivisions 3, 4, and 6. 
  2.4   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  2.5                              ARTICLE 1
  2.6                     CHILD SUPPORT AND PATERNITY
  2.7      Section 1.  Minnesota Statutes 1996, section 13.46, 
  2.8   subdivision 2, is amended to read: 
  2.9      Subd. 2.  [GENERAL.] (a) Unless the data is summary data or 
  2.10  a statute specifically provides a different classification, data 
  2.11  on individuals collected, maintained, used, or disseminated by 
  2.12  the welfare system is private data on individuals, and shall not 
  2.13  be disclosed except:  
  2.14     (1) pursuant according to section 13.05; 
  2.15     (2) pursuant according to court order; 
  2.16     (3) pursuant according to a statute specifically 
  2.17  authorizing access to the private data; 
  2.18     (4) to an agent of the welfare system, including a law 
  2.19  enforcement person, attorney, or investigator acting for it in 
  2.20  the investigation or prosecution of a criminal or civil 
  2.21  proceeding relating to the administration of a program; 
  2.22     (5) to personnel of the welfare system who require the data 
  2.23  to determine eligibility, amount of assistance, and the need to 
  2.24  provide services of additional programs to the individual; 
  2.25     (6) to administer federal funds or programs; 
  2.26     (7) between personnel of the welfare system working in the 
  2.27  same program; 
  2.28     (8) the amounts of cash public assistance and relief paid 
  2.29  to welfare recipients in this state, including their names, 
  2.30  social security numbers, income, addresses, and other data as 
  2.31  required, upon request by the department of revenue to 
  2.32  administer the property tax refund law, supplemental housing 
  2.33  allowance, early refund of refundable tax credits, and the 
  2.34  income tax.  "Refundable tax credits" means the dependent care 
  2.35  credit under section 290.067, the Minnesota working family 
  2.36  credit under section 290.0671, the property tax refund under 
  2.37  section 290A.04, and, if the required federal waiver or waivers 
  3.1   are granted, the federal earned income tax credit under section 
  3.2   32 of the Internal Revenue Code; 
  3.3      (9) to the Minnesota department of economic security for 
  3.4   the purpose of monitoring the eligibility of the data subject 
  3.5   for reemployment insurance, for any employment or training 
  3.6   program administered, supervised, or certified by that agency, 
  3.7   or for the purpose of administering any rehabilitation program, 
  3.8   whether alone or in conjunction with the welfare system, and to 
  3.9   verify receipt of energy assistance for the telephone assistance 
  3.10  plan; 
  3.11     (10) to appropriate parties in connection with an emergency 
  3.12  if knowledge of the information is necessary to protect the 
  3.13  health or safety of the individual or other individuals or 
  3.14  persons; 
  3.15     (11) data maintained by residential programs as defined in 
  3.16  section 245A.02 may be disclosed to the protection and advocacy 
  3.17  system established in this state pursuant according to Part C of 
  3.18  Public Law Number 98-527 to protect the legal and human rights 
  3.19  of persons with mental retardation or other related conditions 
  3.20  who live in residential facilities for these persons if the 
  3.21  protection and advocacy system receives a complaint by or on 
  3.22  behalf of that person and the person does not have a legal 
  3.23  guardian or the state or a designee of the state is the legal 
  3.24  guardian of the person; 
  3.25     (12) to the county medical examiner or the county coroner 
  3.26  for identifying or locating relatives or friends of a deceased 
  3.27  person; 
  3.28     (13) data on a child support obligor who makes payments to 
  3.29  the public agency may be disclosed to the higher education 
  3.30  services office to the extent necessary to determine eligibility 
  3.31  under section 136A.121, subdivision 2, clause (5); 
  3.32     (14) participant social security numbers and names 
  3.33  collected by the telephone assistance program may be disclosed 
  3.34  to the department of revenue to conduct an electronic data match 
  3.35  with the property tax refund database to determine eligibility 
  3.36  under section 237.70, subdivision 4a; 
  4.1      (15) the current address of a recipient of aid to families 
  4.2   with dependent children may be disclosed to law enforcement 
  4.3   officers who provide the name and social security number of the 
  4.4   recipient and satisfactorily demonstrate that:  (i) the 
  4.5   recipient is a fugitive felon, including the grounds for this 
  4.6   determination; (ii) the location or apprehension of the felon is 
  4.7   within the law enforcement officer's official duties; and (iii) 
  4.8   the request is made in writing and in the proper exercise of 
  4.9   those duties; 
  4.10     (16) the current address of a recipient of general 
  4.11  assistance, work readiness, or general assistance medical care 
  4.12  may be disclosed to probation officers and corrections agents 
  4.13  who are supervising the recipient, and to law enforcement 
  4.14  officers who are investigating the recipient in connection with 
  4.15  a felony level offense; 
  4.16     (17) information obtained from food stamp applicant or 
  4.17  recipient households may be disclosed to local, state, or 
  4.18  federal law enforcement officials, upon their written request, 
  4.19  for the purpose of investigating an alleged violation of the 
  4.20  food stamp act, in accordance with Code of Federal Regulations, 
  4.21  title 7, section 272.1(c); 
  4.22     (18) data on a certain information regarding child support 
  4.23  obligor obligors who is are in arrears may be disclosed for 
  4.24  purposes of publishing the data pursuant made public according 
  4.25  to section 518.575; 
  4.26     (19) data on child support payments made by a child support 
  4.27  obligor, data on the enforcement actions undertaken by the 
  4.28  public authority and the status of those actions, and data on 
  4.29  the income of the obligor may be disclosed to the obligee; 
  4.30     (20) data on the income of a child support obligee may be 
  4.31  disclosed to the support obligor; 
  4.32     (20) (21) data in the work reporting system may be 
  4.33  disclosed under section 256.998, subdivision 7; 
  4.34     (21) (22) to the department of children, families, and 
  4.35  learning for the purpose of matching department of children, 
  4.36  families, and learning student data with public assistance data 
  5.1   to determine students eligible for free and reduced price meals, 
  5.2   meal supplements, and free milk pursuant according to United 
  5.3   States Code, title 42, sections 1758, 1761, 1766, 1766a, 1772, 
  5.4   and 1773; to produce accurate numbers of students receiving aid 
  5.5   to families with dependent children as required by section 
  5.6   124.175; and to allocate federal and state funds that are 
  5.7   distributed based on income of the student's family; or 
  5.8      (22) (23) the current address and telephone number of 
  5.9   program recipients and emergency contacts may be released to the 
  5.10  commissioner of health or a local board of health as defined in 
  5.11  section 145A.02, subdivision 2, when the commissioner or local 
  5.12  board of health has reason to believe that a program recipient 
  5.13  is a disease case, carrier, suspect case, or at risk of illness, 
  5.14  and the data are necessary to locate the person.; or 
  5.15     (24) to other agencies, statewide systems, and political 
  5.16  subdivisions of this state, including the attorney general, and 
  5.17  agencies of other states, interstate information networks, 
  5.18  federal agencies, and other entities as required by federal 
  5.19  regulation or law for the administration of the child support 
  5.20  enforcement program. 
  5.21     (b) Information on persons who have been treated for drug 
  5.22  or alcohol abuse may only be disclosed in accordance with the 
  5.23  requirements of Code of Federal Regulations, title 42, sections 
  5.24  2.1 to 2.67. 
  5.25     (c) Data provided to law enforcement agencies under 
  5.26  paragraph (a), clause (15), (16), or (17), or paragraph (b), are 
  5.27  investigative data and are confidential or protected nonpublic 
  5.28  while the investigation is active.  The data are private after 
  5.29  the investigation becomes inactive under section 13.82, 
  5.30  subdivision 5, paragraph (a) or (b). 
  5.31     (d) Mental health data shall be treated as provided in 
  5.32  subdivisions 7, 8, and 9, but is not subject to the access 
  5.33  provisions of subdivision 10, paragraph (b). 
  5.34     Sec. 2.  Minnesota Statutes 1996, section 13.99, is amended 
  5.35  by adding a subdivision to read: 
  5.36     Subd. 101d.  [CHILD SUPPORT PARTIES.] Certain data 
  6.1   regarding the location of parties in connection with child 
  6.2   support proceedings are governed by sections 256.87, subdivision 
  6.3   8; 257.70; and 518.005, subdivision 5.  Certain data on 
  6.4   suspension of licenses of persons owing child support arrears 
  6.5   are governed by section 518.551, subdivision 13a.  Certain data 
  6.6   on newly hired employees maintained by the public authority for 
  6.7   support enforcement are governed by section 256.998. 
  6.8      Sec. 3.  [13B.06] [CHILD SUPPORT OR MAINTENANCE OBLIGOR 
  6.9   DATA MATCHES.] 
  6.10     Subdivision 1.  [DEFINITIONS.] The definitions in this 
  6.11  subdivision apply to this section. 
  6.12     (a) "Account" means a demand deposit account, checking or 
  6.13  negotiable withdraw order account, savings account, time deposit 
  6.14  account, or money market mutual fund. 
  6.15     (b) "Account information" means the type of account, the 
  6.16  account number, whether the account is singly or jointly owned, 
  6.17  and in the case of jointly owned accounts the name and address 
  6.18  of the nonobligor account owner if available. 
  6.19     (c) "Financial institution" means any of the following that 
  6.20  do business within the state: 
  6.21     (1) federal or state commercial banks and federal or state 
  6.22  savings banks, including savings and loan associations and 
  6.23  cooperative banks; 
  6.24     (2) federal and state chartered credit unions; 
  6.25     (3) benefit associations; 
  6.26     (4) life insurance companies; 
  6.27     (5) safe deposit companies; and 
  6.28     (6) money market mutual funds. 
  6.29     (d) "Obligor" means an individual who is in arrears in 
  6.30  court-ordered child support or maintenance payments, or both, in 
  6.31  an amount equal to or greater than three times the obligor's 
  6.32  total monthly support and maintenance payments, irrespective of 
  6.33  when the arrears arose, and is not in compliance with a written 
  6.34  payment agreement regarding both current support and arrearages 
  6.35  approved by the court, an administrative law judge, or the 
  6.36  public authority. 
  7.1      (e) "Public authority" means the public authority 
  7.2   responsible for child support enforcement. 
  7.3      Subd. 2.  [DATA MATCH SYSTEM ESTABLISHED.] The commissioner 
  7.4   of human services shall establish a process for the comparison 
  7.5   of account information data held by financial institutions with 
  7.6   the public authority's database of child support obligors.  The 
  7.7   commissioner shall inform the financial industry of the 
  7.8   requirements of this section and the means by which financial 
  7.9   institutions can comply.  The commissioner may contract for 
  7.10  services to carry out this section. 
  7.11     Subd. 3.  [DUTY TO PROVIDE DATA.] On written request by a 
  7.12  public authority, a financial institution shall provide to the 
  7.13  public authority on a quarterly basis the name, address, social 
  7.14  security number, tax identification number if known, and all 
  7.15  account information for each obligor who maintains an account at 
  7.16  the financial institution. 
  7.17     Subd. 4.  [METHOD TO PROVIDE DATA.] To comply with the 
  7.18  requirements of this section, a financial institution may either:
  7.19     (1) provide to the public authority a list of all account 
  7.20  holders for the public authority to compare against its list of 
  7.21  child support obligors for the purpose of identifying which 
  7.22  obligors maintain an account at the financial institution; or 
  7.23     (2) obtain a list of child support obligors from the public 
  7.24  authority and compare that data to the data maintained at the 
  7.25  financial institution to identify which of the identified 
  7.26  obligors maintains an account at the financial institution. 
  7.27     A financial institution shall elect either method in 
  7.28  writing upon written request of the public authority, and the 
  7.29  election remains in effect unless the public authority agrees in 
  7.30  writing to a change. 
  7.31     The commissioner shall keep track of the number of 
  7.32  financial institutions who are electing to report under clauses 
  7.33  (1) and (2) respectively and shall report this information to 
  7.34  the legislature by December 1, 1999. 
  7.35     Subd. 5.  [MEANS TO PROVIDE DATA.] A financial institution 
  7.36  may provide the required data by submitting electronic media in 
  8.1   a compatible format, delivering, mailing, or telefaxing a copy 
  8.2   of the data, or by other means authorized by the commissioner of 
  8.3   human services that will result in timely reporting. 
  8.4      Subd. 6.  [ACCESS TO DATA.] (a) With regard to account 
  8.5   information on all account holders provided by a financial 
  8.6   institution under subdivision 4, clause (1), the commissioner of 
  8.7   human services shall retain the reported information only until 
  8.8   the account information is compared against the public 
  8.9   authority's obligor database.  Notwithstanding section 138.17, 
  8.10  all account information that does not pertain to an obligor 
  8.11  listed in the public authority's database must be immediately 
  8.12  discarded, and no retention or publication may be made of that 
  8.13  data by the public authority.  All account information that does 
  8.14  pertain to an obligor listed in the public authority's database 
  8.15  must be incorporated into the public authority's database.  
  8.16  Access to that data is governed by chapter 13. 
  8.17     (b) With regard to data on obligors provided by the public 
  8.18  authority to a financial institution under subdivision 4, clause 
  8.19  (2), the financial institution shall retain the reported 
  8.20  information only until the financial institution's database is 
  8.21  compared against the public authority's database.  All data that 
  8.22  does not pertain to an account holder at the financial 
  8.23  institution must be immediately discarded, and no retention or 
  8.24  publication may be made of that data by the financial 
  8.25  institution. 
  8.26     Subd. 7.  [FEES.] A financial institution may charge and 
  8.27  collect a fee from the public authority for providing account 
  8.28  information to the public authority.  No financial institution 
  8.29  shall charge or collect a fee that exceeds its actual costs of 
  8.30  complying with this section.  
  8.31     The commissioner, together with an advisory group 
  8.32  consisting of representatives of the financial institutions in 
  8.33  the state, shall determine a fee structure that minimizes the 
  8.34  cost to the state and reasonably meets the needs of the 
  8.35  financial institutions, and shall report to the chairs of the 
  8.36  judiciary committees in the house of representatives and the 
  9.1   senate by February 1, 1998, a recommended fee structure for 
  9.2   inclusion in this section. 
  9.3      Subd. 8.  [FAILURE TO RESPOND TO REQUEST FOR 
  9.4   INFORMATION.] The public authority shall send by certified mail 
  9.5   a written notice of noncompliance to a financial institution 
  9.6   that fails to respond to a first written request for information 
  9.7   under this section.  The notice of noncompliance must explain 
  9.8   the requirements of this section and advise the financial 
  9.9   institution of the penalty for noncompliance.  A financial 
  9.10  institution that receives a second notice of noncompliance is 
  9.11  subject to a civil penalty of $1,000 for its failure to comply.  
  9.12  A financial institution that continues to fail to comply with 
  9.13  this section is subject to a civil penalty of $5,000 for the 
  9.14  third and each subsequent failure to comply.  These penalties 
  9.15  may be imposed and collected by the public authority. 
  9.16     A financial institution that has been served with a notice 
  9.17  of noncompliance and incurs a second or subsequent notice of 
  9.18  noncompliance has the right to a contested case hearing under 
  9.19  chapter 14.  A financial institution has 20 days from the date 
  9.20  of the service of the notice of noncompliance to file a request 
  9.21  for a contested case hearing with the commissioner.  The order 
  9.22  of the administrative law judge constitutes the final decision 
  9.23  in the case. 
  9.24     Subd. 9.  [IMMUNITY.] A financial institution that provides 
  9.25  or reasonably attempts to provide information to the public 
  9.26  authority in compliance with this section is not liable to any 
  9.27  person for disclosing the information or for taking any other 
  9.28  action in good faith as authorized by this section or section 
  9.29  548.092.  
  9.30     Subd. 10.  [CIVIL ACTION FOR UNAUTHORIZED DISCLOSURE BY 
  9.31  FINANCIAL INSTITUTION.] (a) An account holder may bring a civil 
  9.32  action in district court against a financial institution for 
  9.33  unauthorized disclosure of data received from the public 
  9.34  authority under subdivision 4, clause (2).  A financial 
  9.35  institution found to have violated this subdivision shall be 
  9.36  liable as provided in paragraph (b) or (c). 
 10.1      (b) Any financial institution that willfully and 
 10.2   maliciously discloses data received from the public authority 
 10.3   under subdivision 4 is liable to that account holder in an 
 10.4   amount equal to the sum of: 
 10.5      (1) any actual damages sustained by the consumer as a 
 10.6   result of the disclosure; and 
 10.7      (2) in the case of any successful action to enforce any 
 10.8   liability under this section, the costs of the action taken plus 
 10.9   reasonable attorney's fees as determined by the court. 
 10.10     (c) Any financial institution that negligently discloses 
 10.11  data received from the public authority under subdivision 4 is 
 10.12  liable to that account holder in an amount equal to any actual 
 10.13  damages sustained by the account holder as a result of the 
 10.14  disclosure. 
 10.15     (d) A financial institution may not be held liable in any 
 10.16  action brought under this subdivision if the financial 
 10.17  institution shows, by a preponderance of evidence, that the 
 10.18  disclosure was not intentional and resulted from a bona fide 
 10.19  error notwithstanding the maintenance of procedures reasonably 
 10.20  adapted to avoid any error. 
 10.21     Sec. 4.  Minnesota Statutes 1996, section 144.223, is 
 10.22  amended to read: 
 10.23     144.223 [REPORT OF MARRIAGE.] 
 10.24     Data relating to certificates of marriage registered shall 
 10.25  be reported to the state registrar by the local registrars 
 10.26  pursuant according to the rules of the commissioner.  The 
 10.27  information necessary to compile the report shall be furnished 
 10.28  by the applicant prior to the issuance of the marriage license.  
 10.29  The report shall contain the following information: 
 10.30     A. Personal information on bride and groom: 
 10.31     1. Name; 
 10.32     2. Residence; 
 10.33     3. Date and place of birth; 
 10.34     4. Race; 
 10.35     5. If previously married, how terminated; 
 10.36     6. Signature of applicant and date signed; and 
 11.1      7. Social security number. 
 11.2      B. Information concerning the marriage: 
 11.3      1. Date of marriage; 
 11.4      2. Place of marriage; and 
 11.5      3. Civil or religious ceremony. 
 11.6      The social security number shall be collected for the 
 11.7   report but shall not appear on the marriage license. 
 11.8      Sec. 5.  Minnesota Statutes 1996, section 171.19, is 
 11.9   amended to read: 
 11.10     171.19 [PETITION FOR LICENSE REINSTATEMENT.] 
 11.11     Any person whose driver's license has been refused, 
 11.12  revoked, suspended, or canceled by the commissioner, except 
 11.13  where the license is revoked under section 169.123 or section 
 11.14  171.186, may file a petition for a hearing in the matter in the 
 11.15  district court in the county wherein such person shall reside 
 11.16  and, in the case of a nonresident, in the district court in any 
 11.17  county, and such court is hereby vested with jurisdiction, and 
 11.18  it shall be its duty, to set the matter for hearing upon 15 
 11.19  days' written notice to the commissioner, and thereupon to take 
 11.20  testimony and examine into the facts of the case to determine 
 11.21  whether the petitioner is entitled to a license or is subject to 
 11.22  revocation, suspension, cancellation, or refusal of license, and 
 11.23  shall render judgment accordingly.  The petition shall be heard 
 11.24  by the court without a jury and may be heard in or out of term.  
 11.25  The commissioner may appear in person, or by agents or 
 11.26  representatives, and may present evidence upon the hearing by 
 11.27  affidavit personally, by agents, or by representatives.  The 
 11.28  petitioner may present evidence by affidavit, except that the 
 11.29  petitioner must be present in person at such hearing for the 
 11.30  purpose of cross-examination.  In the event the department shall 
 11.31  be sustained in these proceedings, the petitioner shall have no 
 11.32  further right to make further petition to any court for the 
 11.33  purpose of obtaining a driver's license until after the 
 11.34  expiration of one year after the date of such hearing. 
 11.35     Sec. 6.  [256.741] [CHILD SUPPORT AND MAINTENANCE.] 
 11.36     Subdivision 1.  [PUBLIC ASSISTANCE.] (a) "Public 
 12.1   assistance" as used in this chapter and chapters 257, 518, and 
 12.2   518C includes any form of cash assistance provided under Title 
 12.3   IV-A of the Social Security Act, including child care 
 12.4   assistance; any form of medical assistance as defined under 
 12.5   Title XIX of the Social Security Act, including MinnesotaCare; 
 12.6   and foster care as provided under Title IV-E of the Social 
 12.7   Security Act. 
 12.8      (b) "Child support agency" as used in this section refers 
 12.9   to the public authority responsible for child support 
 12.10  enforcement. 
 12.11     (c) "Public assistance agency" as used in this section 
 12.12  refers to any public authority providing public assistance to an 
 12.13  individual. 
 12.14     Subd. 2.  [ASSIGNMENT OF SUPPORT AND MAINTENANCE 
 12.15  RIGHTS.] (a) An individual receiving public assistance in the 
 12.16  form of cash assistance is considered to have assigned to the 
 12.17  state at the time of application all rights to child support and 
 12.18  maintenance from any other person the applicant or recipient may 
 12.19  have in the individual's own behalf or in the behalf of any 
 12.20  other family member for whom application for public assistance 
 12.21  is made.  An assistance unit is ineligible for aid to families 
 12.22  with dependent children or its successor program unless the 
 12.23  caregiver assigns all rights to child support and spousal 
 12.24  maintenance benefits under this section. 
 12.25     (b) An assignment made according to this section is 
 12.26  effective as to: 
 12.27     (1) any current child support and current spousal 
 12.28  maintenance; and 
 12.29     (2) any accrued child support and spousal maintenance 
 12.30  arrears. 
 12.31     (c) An assignment made after September 30, 1997, is 
 12.32  effective as to: 
 12.33     (1) any current child support and current spousal 
 12.34  maintenance; 
 12.35     (2) any accrued child support and spousal maintenance 
 12.36  arrears collected before October 1, 2000; and 
 13.1      (3) any accrued child support and spousal maintenance 
 13.2   arrears collected under federal tax intercept. 
 13.3      (d) An individual receiving public assistance in the form 
 13.4   of medical assistance, including MinnesotaCare, is considered to 
 13.5   have assigned to the state at the time of application all rights 
 13.6   to medical support from any other person the individual may have 
 13.7   in the individual's own behalf or in the behalf of any other 
 13.8   family member for whom medical assistance is provided. 
 13.9      An assignment made after September 30, 1997, is effective 
 13.10  as to any medical support accruing after the date of medical 
 13.11  assistance or MinnesotaCare eligibility. 
 13.12     (e) An individual receiving public assistance in the form 
 13.13  of child care assistance under title IV-A of the Social Security 
 13.14  Act is considered to have assigned to the state at the time of 
 13.15  application all rights to child care support from any other 
 13.16  person the individual may have in the individual's own behalf or 
 13.17  in the behalf of any other family member for whom child care 
 13.18  assistance is provided. 
 13.19     An assignment made according to this paragraph is effective 
 13.20  as to: 
 13.21     (1) any current child care support and any child care 
 13.22  support arrears assigned and accruing after the effective date 
 13.23  of this section that are collected before October 1, 2000; and 
 13.24     (2) any accrued child care support arrears collected under 
 13.25  federal tax intercept. 
 13.26     Subd. 3.  [EXISTING ASSIGNMENTS.] All assignments based on 
 13.27  the receipt of of public assistance in existence prior to the 
 13.28  effective date of this section are permanently assigned to the 
 13.29  state. 
 13.30     Subd. 4.  [EFFECT OF ASSIGNMENT.] All assignments in this 
 13.31  section take effect upon a determination that the applicant is 
 13.32  eligible for public assistance.  The amount of support assigned 
 13.33  under this subdivision cannot exceed the total amount of public 
 13.34  assistance issued. 
 13.35     Subd. 5.  [COOPERATION WITH CHILD SUPPORT 
 13.36  ENFORCEMENT.] After notification from a public assistance agency 
 14.1   that an individual has applied for or is receiving any form of 
 14.2   public assistance, the child support agency shall determine 
 14.3   whether the party is cooperating with the agency in establishing 
 14.4   paternity, child support, modification of an existing child 
 14.5   support order, or enforcement of an existing child support 
 14.6   order.  The public assistance agency shall notify each applicant 
 14.7   or recipient in writing of the right to claim a good cause 
 14.8   exemption from cooperating with the requirements in this 
 14.9   section.  A copy of the notice shall be furnished to the 
 14.10  applicant or recipient, and the applicant or recipient and a 
 14.11  representative from the public authority shall acknowledge 
 14.12  receipt of the notice by signing and dating a copy of the notice.
 14.13     The individual shall cooperate with the child support 
 14.14  agency by: 
 14.15     (1) providing all known information regarding the alleged 
 14.16  father or obligor including name, address, social security 
 14.17  number, telephone number, place of employment or school, and the 
 14.18  names and addresses of any relatives; 
 14.19     (2) appearing at interviews, hearings, and legal 
 14.20  proceedings; 
 14.21     (3) submitting to genetic tests, including genetic testing 
 14.22  of the child, under a judicial or administrative order; and 
 14.23     (4) providing additional information known by the 
 14.24  individual as necessary for cooperating in good faith with the 
 14.25  child support agency. 
 14.26     The caregiver of a minor child shall cooperate with the 
 14.27  efforts of the public authority to collect support according to 
 14.28  this subdivision.  A caregiver shall forward to the public 
 14.29  authority all support the caregiver receives during the period 
 14.30  the assignment of support required under subdivision 2 is in 
 14.31  effect.  Support received by a caregiver, and not forwarded to 
 14.32  the public authority, must be repaid to the child support 
 14.33  enforcement unit for any month following the date on which 
 14.34  initial eligibility is determined, except as provided under 
 14.35  subdivision 8, paragraph (b), clause (4). 
 14.36     Subd. 6.  [DETERMINATION.] If the individual cannot provide 
 15.1   the information required in subdivision 5, before making a 
 15.2   determination that the individual is cooperating, the child 
 15.3   support agency shall make a finding that the individual could 
 15.4   not reasonably be expected to provide the information.  In 
 15.5   making this finding, the child support agency shall consider: 
 15.6      (1) the age of the child for whom support is being sought; 
 15.7      (2) the circumstances surrounding the conception of the 
 15.8   child; 
 15.9      (3) the age and mental capacity of the parent or caregiver 
 15.10  of the child for whom support is being sought; 
 15.11     (4) the time period that has expired since the parent or 
 15.12  caregiver of the child for whom support is sought last had 
 15.13  contact with the alleged father or obligor, or such person's 
 15.14  relatives; and 
 15.15     (5) statements from the applicant or recipient or other 
 15.16  individuals that show evidence of an inability to provide 
 15.17  correct information about the alleged father or obligor because 
 15.18  of deception by the alleged father or obligor. 
 15.19     Subd. 7.  [NONCOOPERATION.] Unless good cause is found to 
 15.20  exist under subdivision 10, upon a determination of 
 15.21  noncooperation by the child support agency, the agency shall 
 15.22  promptly notify the individual and each public assistance agency 
 15.23  providing public assistance to the individual that the 
 15.24  individual is not cooperating with the child support agency.  
 15.25  Upon notice of noncooperation, the individual shall be 
 15.26  sanctioned in the amount determined according to the public 
 15.27  assistance agency responsible for enforcing the sanction.  
 15.28     Subd. 8.  [REFUSAL TO COOPERATE WITH SUPPORT 
 15.29  REQUIREMENTS.] (a) Failure by a caregiver to satisfy any of the 
 15.30  requirements of subdivision 5 constitutes refusal to cooperate, 
 15.31  and the sanctions under paragraph (b) apply.  The Social 
 15.32  Security Act, Title IV-D agency must determine whether a 
 15.33  caregiver has refused to cooperate according to the applicable 
 15.34  provisions of this section. 
 15.35     (b) Determination by the Social Security Act, Title IV-D 
 15.36  agency that a caregiver has refused to cooperate shall have the 
 16.1   following effects: 
 16.2      (1) After adequate notice, the grant of a caregiver who 
 16.3   refuses to cooperate must be reduced by 25 percent if no other 
 16.4   sanction is in effect or by an additional ten percent if one 
 16.5   other sanction is already in effect. 
 16.6      (2) A caregiver who is not a parent of a minor child in an 
 16.7   assistance unit may choose to remove the child from the 
 16.8   assistance unit unless the child is required to be in the 
 16.9   assistance unit. 
 16.10     (3) A parental caregiver who refuses to cooperate is 
 16.11  ineligible for medical assistance. 
 16.12     (4) Direct support retained by a caregiver must be counted 
 16.13  as unearned income when determining the amount of the assistance 
 16.14  payment. 
 16.15     Subd. 9.  [GOOD CAUSE EXEMPTION FROM COOPERATING WITH 
 16.16  SUPPORT REQUIREMENTS.] The Social Security Act, Title IV-A or 
 16.17  IV-D agency must notify the caregiver that the caregiver may 
 16.18  claim a good cause exemption from cooperating with the 
 16.19  requirements in subdivision 5.  Good cause may be claimed and 
 16.20  exemptions determined according to subdivisions 10 to 13. 
 16.21     Subd. 10.  [GOOD CAUSE EXEMPTION.] (a) Cooperation with the 
 16.22  child support agency under subdivision 5 is not necessary if the 
 16.23  individual asserts, and both the child support agency and the 
 16.24  public assistance agency find, good cause exists under this 
 16.25  subdivision for failing to cooperate.  An individual may request 
 16.26  a good cause exemption by filing a written claim with the public 
 16.27  assistance agency on a form provided by the commissioner of 
 16.28  human services.  Upon notification of a claim for good cause 
 16.29  exemption, the child support agency shall cease all child 
 16.30  support enforcement efforts until the claim for good cause 
 16.31  exemption is reviewed and the validity of the claim is 
 16.32  determined.  Designated representatives from public assistance 
 16.33  agencies and at least one representative from the child support 
 16.34  enforcement agency shall review each claim for a good cause 
 16.35  exemption and determine its validity. 
 16.36     (b) Good cause exists when an individual documents that 
 17.1   pursuit of child support enforcement services could reasonably 
 17.2   result in: 
 17.3      (1) physical or emotional harm to the child for whom 
 17.4   support is sought; 
 17.5      (2) physical harm to the parent or caregiver with whom the 
 17.6   child is living that would reduce the ability to adequately care 
 17.7   for the child; or 
 17.8      (3) emotional harm to the parent or caregiver with whom the 
 17.9   child is living, of such nature or degree that it would reduce 
 17.10  the person's ability to adequately care for the child. 
 17.11     The physical and emotional harm under this paragraph must 
 17.12  be of a serious nature in order to justify a finding of good 
 17.13  cause exemption.  A finding of good cause exemption based on 
 17.14  emotional harm may only be based upon a demonstration of 
 17.15  emotional impairment that substantially affects the individual's 
 17.16  ability to function. 
 17.17     (c) Good cause also exists when the designated 
 17.18  representatives in this subdivision believe that pursuing child 
 17.19  support enforcement would be detrimental to the child for whom 
 17.20  support is sought and the individual applicant or recipient 
 17.21  documents any of the following: 
 17.22     (1) the child for whom child support enforcement is sought 
 17.23  was conceived as a result of incest or rape; 
 17.24     (2) legal proceedings for the adoption of the child are 
 17.25  pending before a court of competent jurisdiction; or 
 17.26     (3) the parent or caregiver of the child is currently being 
 17.27  assisted by a public or licensed private social service agency 
 17.28  to resolve the issues of whether to keep the child or place the 
 17.29  child for adoption. 
 17.30     The parent's or caregiver's right to claim a good cause 
 17.31  exemption based solely on this paragraph expires if the 
 17.32  assistance lasts more than 90 days. 
 17.33     (d) The public authority shall consider the best interests 
 17.34  of the child in determining good cause. 
 17.35     Subd. 11.  [PROOF OF GOOD CAUSE.] (a) An individual seeking 
 17.36  a good cause exemption has 20 days from the date the good cause 
 18.1   claim was provided to the public assistance agency to supply 
 18.2   evidence supporting the claim.  The public assistance agency may 
 18.3   extend the time period in this section if it believes the 
 18.4   individual is cooperating and needs additional time to submit 
 18.5   the evidence required by this section.  Failure to provide such 
 18.6   evidence shall result in the child support agency resuming child 
 18.7   support enforcement efforts. 
 18.8      (b) Evidence supporting a good cause claim includes, but is 
 18.9   not limited to: 
 18.10     (1) a birth certificate or medical or law enforcement 
 18.11  records indicating that the child was conceived as the result of 
 18.12  incest or rape; 
 18.13     (2) court documents or other records indicating that legal 
 18.14  proceedings for adoption are pending before a court of competent 
 18.15  jurisdiction; 
 18.16     (3) court, medical, criminal, child protective services, 
 18.17  social services, domestic violence advocate services, 
 18.18  psychological, or law enforcement records indicating that the 
 18.19  alleged father or obligor might inflict physical or emotional 
 18.20  harm on the child, parent, or caregiver; 
 18.21     (4) medical records or written statements from a licensed 
 18.22  medical professional indicating the emotional health history or 
 18.23  status of the custodial parent, child, or caregiver, or 
 18.24  indicating a diagnosis or prognosis concerning their emotional 
 18.25  health; 
 18.26     (5) a written statement from a public or licensed private 
 18.27  social services agency that the individual is deciding whether 
 18.28  to keep the child or place the child for adoption; or 
 18.29     (6) sworn statements from individuals other than the 
 18.30  applicant or recipient that provide evidence supporting the good 
 18.31  cause claim. 
 18.32     (c) The child support agency and the public assistance 
 18.33  agency shall assist an individual in obtaining the evidence in 
 18.34  this section upon request of the individual. 
 18.35     Subd. 12.  [DECISION.] A good cause exemption shall be 
 18.36  granted if the individual's claim and the investigation of the 
 19.1   supporting evidence satisfy the investigating agencies that the 
 19.2   individual has good cause for refusing to cooperate. 
 19.3      Subd. 13.  [DURATION.] A good cause exemption shall not 
 19.4   continue for more than one year without redetermination of 
 19.5   cooperation and good cause pursuant to this section.  The child 
 19.6   support agency may redetermine cooperation and the designated 
 19.7   representatives in subdivision 10 may redetermine the granting 
 19.8   of a good cause exemption before the one-year expiration in this 
 19.9   subdivision. 
 19.10     A good cause exemption must be allowed under subsequent 
 19.11  applications and redeterminations without additional evidence 
 19.12  when the factors which led to the exemption continue to exist.  
 19.13  A good cause exemption must end when the factors that led to the 
 19.14  exemption have changed. 
 19.15     Sec. 7.  Minnesota Statutes 1996, section 256.87, 
 19.16  subdivision 1, is amended to read: 
 19.17     Subdivision 1.  [ACTIONS AGAINST PARENTS FOR ASSISTANCE 
 19.18  FURNISHED.] A parent of a child is liable for the amount of 
 19.19  assistance furnished under sections 256.031 to 256.0361, 256.72 
 19.20  to 256.87, or under Title IV-A or IV-E of the Social Security 
 19.21  Act or medical assistance under chapter 256, 256B, or 256D Title 
 19.22  XIX of the Social Security Act to and for the benefit of the 
 19.23  child, including any assistance furnished for the benefit of the 
 19.24  caretaker of the child, which the parent has had the ability to 
 19.25  pay.  Ability to pay must be determined according to chapter 
 19.26  518.  The parent's liability is limited to the two years 
 19.27  immediately preceding the commencement of the action, except 
 19.28  that where child support has been previously ordered, the state 
 19.29  or county agency providing the assistance, as assignee of the 
 19.30  obligee, shall be entitled to judgments for child support 
 19.31  payments accruing within ten years preceding the date of the 
 19.32  commencement of the action up to the full amount of assistance 
 19.33  furnished.  The action may be ordered by the state agency or 
 19.34  county agency and shall be brought in the name of the county by 
 19.35  the county attorney of the county in which the assistance was 
 19.36  granted, or by in the name of the state agency against the 
 20.1   parent for the recovery of the amount of assistance granted, 
 20.2   together with the costs and disbursements of the action. 
 20.3      Sec. 8.  Minnesota Statutes 1996, section 256.87, 
 20.4   subdivision 1a, is amended to read: 
 20.5      Subd. 1a.  [CONTINUING SUPPORT CONTRIBUTIONS.] In addition 
 20.6   to granting the county or state agency a money judgment, the 
 20.7   court may, upon a motion or order to show cause, order 
 20.8   continuing support contributions by a parent found able to 
 20.9   reimburse the county or state agency.  The order shall be 
 20.10  effective for the period of time during which the recipient 
 20.11  receives public assistance from any county or state agency and 
 20.12  thereafter.  The order shall require support according to 
 20.13  chapter 518.  An order for continuing contributions is 
 20.14  reinstated without further hearing upon notice to the parent by 
 20.15  any county or state agency that assistance is again being 
 20.16  provided for the child of the parent under sections 256.031 to 
 20.17  256.0361, 256.72 to 256.87, or under Title IV-A or IV-E of the 
 20.18  Social Security Act or medical assistance under chapter 256, 
 20.19  256B, or 256D Title XIX of the Social Security Act.  The notice 
 20.20  shall be in writing and shall indicate that the parent may 
 20.21  request a hearing for modification of the amount of support or 
 20.22  maintenance. 
 20.23     Sec. 9.  Minnesota Statutes 1996, section 256.87, 
 20.24  subdivision 3, is amended to read: 
 20.25     Subd. 3.  [CONTINUING CONTRIBUTIONS TO FORMER RECIPIENT.] 
 20.26  The order for continuing support contributions shall remain in 
 20.27  effect following the period after public assistance granted 
 20.28  under sections 256.72 to 256.87 Title IV-A or IV-E of the Social 
 20.29  Security Act is terminated unless the former recipient files an 
 20.30  affidavit with the court requesting termination of the order.  
 20.31     Sec. 10.  Minnesota Statutes 1996, section 256.87, 
 20.32  subdivision 5, is amended to read: 
 20.33     Subd. 5.  [CHILD NOT RECEIVING ASSISTANCE.] A person or 
 20.34  entity having physical custody of a dependent child not 
 20.35  receiving public assistance under as defined in sections 256.031 
 20.36  to 256.0361, or 256.72 to 256.87 section 256.741 has a cause of 
 21.1   action for child support against the child's absent noncustodial 
 21.2   parents.  Upon a motion served on the absent noncustodial 
 21.3   parent, the court shall order child support payments, including 
 21.4   medical support and child care support, from the 
 21.5   absent noncustodial parent under chapter 518.  The absent A 
 21.6   noncustodial parent's liability may include up to the two years 
 21.7   immediately preceding the commencement of the action.  This 
 21.8   subdivision applies only if the person or entity has physical 
 21.9   custody with the consent of a custodial parent or approval of 
 21.10  the court.  
 21.11     Sec. 11.  Minnesota Statutes 1996, section 256.87, is 
 21.12  amended by adding a subdivision to read: 
 21.13     Subd. 8.  [DISCLOSURE PROHIBITED.] Notwithstanding 
 21.14  statutory or other authorization for the public authority to 
 21.15  release private data on the location of a party to the action, 
 21.16  information on the location of one party may not be released to 
 21.17  the other party by the public authority if: 
 21.18     (1) the public authority has knowledge that a protective 
 21.19  order with respect to the other party has been entered; or 
 21.20     (2) the public authority has reason to believe that the 
 21.21  release of the information may result in physical or emotional 
 21.22  harm to the other party. 
 21.23     Sec. 12.  Minnesota Statutes 1996, section 256.978, 
 21.24  subdivision 1, is amended to read: 
 21.25     Subdivision 1.  [REQUEST FOR INFORMATION.] The commissioner 
 21.26  of human services public authority responsible for child support 
 21.27  in this state or any other state, in order to locate a person to 
 21.28  establish paternity, and child support or to modify or enforce 
 21.29  child support, or to enforce a child support obligation in 
 21.30  arrears, may request information reasonably necessary to the 
 21.31  inquiry from the records of all departments, boards, bureaus, or 
 21.32  other agencies of this state, which shall, notwithstanding the 
 21.33  provisions of section 268.12, subdivision 12, or any other law 
 21.34  to the contrary, provide the information necessary for this 
 21.35  purpose.  Employers, utility companies, insurance companies, 
 21.36  financial institutions, and labor associations doing business in 
 22.1   this state shall provide information as provided under 
 22.2   subdivision 2 upon written or electronic request by an agency 
 22.3   responsible for child support enforcement regarding individuals 
 22.4   owing or allegedly owing a duty to support within 30 days of the 
 22.5   receipt service of the written request made by the public 
 22.6   authority.  Information requested and used or transmitted by the 
 22.7   commissioner pursuant according to the authority conferred by 
 22.8   this section may be made available only to public officials and 
 22.9   agencies of this state and its political subdivisions and other 
 22.10  states of the union and their political subdivisions who are 
 22.11  seeking to enforce the support liability of parents or to locate 
 22.12  parents.  The commissioner may not release the information to an 
 22.13  agency or political subdivision of another state unless the 
 22.14  agency or political subdivision is directed to maintain the data 
 22.15  consistent with its classification in this state.  Information 
 22.16  obtained under this section may not be released except to the 
 22.17  extent necessary for the administration of the child support 
 22.18  enforcement program or when otherwise authorized by law. to 
 22.19  other agencies, statewide systems, and political subdivisions of 
 22.20  this state, and agencies of other states, interstate information 
 22.21  networks, federal agencies, and other entities as required by 
 22.22  federal regulation or law for the administration of the child 
 22.23  support enforcement program.  
 22.24     For purposes of this section, "state" includes the District 
 22.25  of Columbia, Puerto Rico, the United States Virgin Islands, and 
 22.26  any territory or insular possession subject to the jurisdiction 
 22.27  of the United States. 
 22.28     Sec. 13.  Minnesota Statutes 1996, section 256.978, 
 22.29  subdivision 2, is amended to read: 
 22.30     Subd. 2.  [ACCESS TO INFORMATION.] (a) A written request 
 22.31  for information by the public authority responsible for child 
 22.32  support of this state or any other state may be made to: 
 22.33     (1) employers when there is reasonable cause to believe 
 22.34  that the subject of the inquiry is or was an employee or 
 22.35  independent contractor of the employer.  Information to be 
 22.36  released by employers is limited to place of residence, 
 23.1   employment status, wage or payment information, benefit 
 23.2   information, and social security number; 
 23.3      (2) utility companies when there is reasonable cause to 
 23.4   believe that the subject of the inquiry is or was a retail 
 23.5   customer of the utility company.  Customer information to be 
 23.6   released by utility companies is limited to place of residence, 
 23.7   home telephone, work telephone, source of income, employer and 
 23.8   place of employment, and social security number; 
 23.9      (3) insurance companies when there is an arrearage of child 
 23.10  support and there is reasonable cause to believe that the 
 23.11  subject of the inquiry is or was receiving funds either in the 
 23.12  form of a lump sum or periodic payments.  Information to be 
 23.13  released by insurance companies is limited to place of 
 23.14  residence, home telephone, work telephone, employer, social 
 23.15  security number, and amounts and type of payments made to the 
 23.16  subject of the inquiry; 
 23.17     (4) labor organizations when there is reasonable cause to 
 23.18  believe that the subject of the inquiry is or was a member of 
 23.19  the labor association.  Information to be released by labor 
 23.20  associations is limited to place of residence, home telephone, 
 23.21  work telephone, social security number, and current and past 
 23.22  employment information; and 
 23.23     (5) financial institutions when there is an arrearage of 
 23.24  child support and there is reasonable cause to believe that the 
 23.25  subject of the inquiry has or has had accounts, stocks, loans, 
 23.26  certificates of deposits, treasury bills, life insurance 
 23.27  policies, or other forms of financial dealings with the 
 23.28  institution.  Information to be released by the financial 
 23.29  institution is limited to place of residence, home telephone, 
 23.30  work telephone, identifying information on the type of financial 
 23.31  relationships, social security number, current value of 
 23.32  financial relationships, and current indebtedness of the subject 
 23.33  with the financial institution. 
 23.34     (b) For purposes of this subdivision, utility companies 
 23.35  include telephone companies, radio common carriers, and 
 23.36  telecommunications carriers as defined in section 237.01, and 
 24.1   companies that provide electrical, telephone, natural gas, 
 24.2   propane gas, oil, coal, or cable television services to retail 
 24.3   customers.  The term financial institution includes banks, 
 24.4   savings and loans, credit unions, brokerage firms, mortgage 
 24.5   companies, and insurance companies., benefit associations, safe 
 24.6   deposit companies, money market mutual funds, or similar 
 24.7   entities authorized to do business in the state. 
 24.8      Sec. 14.  Minnesota Statutes 1996, section 256.979, 
 24.9   subdivision 5, is amended to read: 
 24.10     Subd. 5.  [PATERNITY ESTABLISHMENT AND CHILD SUPPORT 
 24.11  ORDER ESTABLISHMENT AND MODIFICATION BONUS INCENTIVES.] (a) A 
 24.12  bonus incentive program is created to increase the number of 
 24.13  paternity establishments and establishment and modifications of 
 24.14  child support orders done by county child support enforcement 
 24.15  agencies. 
 24.16     (b) A bonus must be awarded to a county child support 
 24.17  agency for each child for which the agency completes a paternity 
 24.18  or child support order establishment or modification through 
 24.19  judicial, or administrative, or expedited processes and for each 
 24.20  instance in which the agency reviews a case for a modification 
 24.21  of the child support order. 
 24.22     (c) The rate of bonus incentive is $100 for each 
 24.23  paternity or child support order establishment and $50 for each 
 24.24  review for modification of a child support order modification 
 24.25  set in a specific dollar amount. 
 24.26     (d) No bonus shall be paid for a modification that is a 
 24.27  result of a termination of child care costs according to section 
 24.28  518.551, subdivision 5, paragraph (b), or due solely to a 
 24.29  reduction of child care expenses. 
 24.30     Sec. 15.  Minnesota Statutes 1996, section 256.979, 
 24.31  subdivision 6, is amended to read: 
 24.32     Subd. 6.  [CLAIMS FOR BONUS INCENTIVE.] (a) The 
 24.33  commissioner of human services and the county agency shall 
 24.34  develop procedures for the claims process and criteria using 
 24.35  automated systems where possible. 
 24.36     (b) Only one county agency may receive a bonus per 
 25.1   paternity establishment or child support order establishment or 
 25.2   modification for each case.  The county agency making the 
 25.3   initial preparations for the case resulting in the establishment 
 25.4   of paternity or modification of an order is the county agency 
 25.5   entitled to claim the bonus incentive, even if the case is 
 25.6   transferred to another county agency prior to the time the order 
 25.7   is established or modified.  The county agency completing the 
 25.8   action or procedure needed to establish paternity or a child 
 25.9   support order or modify an order is the county agency entitled 
 25.10  to claim the bonus incentive. 
 25.11     (c) Disputed claims must be submitted to the commissioner 
 25.12  of human services and the commissioner's decision is final. 
 25.13     (d) For purposes of this section, "case" means a family 
 25.14  unit for whom the county agency is providing child support 
 25.15  enforcement services.  
 25.16     Sec. 16.  Minnesota Statutes 1996, section 256.979, 
 25.17  subdivision 7, is amended to read: 
 25.18     Subd. 7.  [DISTRIBUTION.] (a) Bonus incentives must be 
 25.19  issued to the county agency quarterly, within 45 days after the 
 25.20  last day of each quarter for which a bonus incentive is being 
 25.21  claimed, and must be paid in the order in which claims are 
 25.22  received. 
 25.23     (b) Bonus incentive funds under this section must be 
 25.24  reinvested in the county child support enforcement program and a 
 25.25  county may not reduce funding of the child support enforcement 
 25.26  program by the amount of the bonus earned. 
 25.27     (c) The county agency shall repay any bonus erroneously 
 25.28  issued. 
 25.29     (d) A county agency shall maintain a record of bonus 
 25.30  incentives claimed and received for each quarter. 
 25.31     (e) Payment of bonus incentives is limited by the amount of 
 25.32  the appropriation for this purpose.  If the appropriation is 
 25.33  insufficient to cover all claims, the commissioner of human 
 25.34  services may prorate payments among the county agencies. 
 25.35     Sec. 17.  Minnesota Statutes 1996, section 256.979, 
 25.36  subdivision 8, is amended to read: 
 26.1      Subd. 8.  [MEDICAL PROVIDER REIMBURSEMENT.] (a) A fee to 
 26.2   the providers of medical services is created for the purpose of 
 26.3   increasing the numbers of signed and notarized recognition of 
 26.4   parentage forms completed in the medical setting. 
 26.5      (b) A fee of $25 shall be paid to each medical provider for 
 26.6   each properly completed recognition of parentage form sent to 
 26.7   the department of vital statistics. 
 26.8      (c) The office of vital statistics shall notify the 
 26.9   department of human services quarterly of the numbers of 
 26.10  completed forms received and the amounts paid. 
 26.11     (d) The department of human services shall remit quarterly 
 26.12  to each medical provider a payment for the number of signed 
 26.13  recognition of parentage forms completed by that medical 
 26.14  provider and sent to the office of vital statistics. 
 26.15     (e) The commissioners of the department of human services 
 26.16  and the department of health shall develop procedures for the 
 26.17  implementation of this provision. 
 26.18     (f) Payments will be made to the medical provider within 
 26.19  the limit of available appropriations. 
 26.20     (g) Federal matching funds received as reimbursement for 
 26.21  the costs of the medical provider reimbursement shall be 
 26.22  retained by the commissioner of human services for educational 
 26.23  programs dedicated to the benefits of paternity establishment. 
 26.24     Sec. 18.  Minnesota Statutes 1996, section 256.979, is 
 26.25  amended by adding a subdivision to read: 
 26.26     Subd. 10.  [TRANSFERABILITY BETWEEN BONUS INCENTIVE 
 26.27  ACCOUNTS AND GRANTS TO COUNTY AGENCIES.] The commissioner of 
 26.28  human services may transfer money appropriated for child support 
 26.29  enforcement county performance incentives under this section and 
 26.30  section 256.9791 among county performance incentive accounts.  
 26.31  Incentive funds to counties transferred under this section must 
 26.32  be reinvested in the child support enforcement program and may 
 26.33  not be used to supplant money now spent by counties for child 
 26.34  support enforcement. 
 26.35     Sec. 19.  Minnesota Statutes 1996, section 256.9791, 
 26.36  subdivision 1, is amended to read: 
 27.1      Subdivision 1.  [BONUS INCENTIVE.] (a) A bonus incentive 
 27.2   program is created to increase the identification and 
 27.3   enforcement by county agencies of dependent health insurance 
 27.4   coverage for persons who are receiving medical assistance under 
 27.5   section 256B.055 and for whom the county agency is providing 
 27.6   child support enforcement services.  
 27.7      (b) The bonus shall be awarded to a county child support 
 27.8   agency for each person for whom coverage is identified and 
 27.9   enforced by the child support enforcement program when the 
 27.10  obligor is under a court order to provide dependent health 
 27.11  insurance coverage.  
 27.12     (c) Bonus incentive funds under this section must be 
 27.13  reinvested in the county child support enforcement program and a 
 27.14  county may not reduce funding of the child support enforcement 
 27.15  program by the amount of the bonus earned. 
 27.16     Sec. 20.  Minnesota Statutes 1996, section 256.9792, 
 27.17  subdivision 1, is amended to read: 
 27.18     Subdivision 1.  [ARREARAGE COLLECTIONS.] Arrearage 
 27.19  collection projects are created to increase the revenue to the 
 27.20  state and counties, reduce AFDC public assistance expenditures 
 27.21  for former public assistance cases, and increase payments of 
 27.22  arrearages to persons who are not receiving public assistance by 
 27.23  submitting cases for arrearage collection to collection 
 27.24  entities, including but not limited to, the department of 
 27.25  revenue and private collection agencies. 
 27.26     Sec. 21.  Minnesota Statutes 1996, section 256.9792, 
 27.27  subdivision 2, is amended to read: 
 27.28     Subd. 2.  [DEFINITIONS.] (a) The definitions in this 
 27.29  subdivision apply to this section: 
 27.30     (b) "Public assistance arrearage case" means a case where 
 27.31  current support may be due, no payment, with the exception of 
 27.32  tax offset, has been made within the last 90 days, and the 
 27.33  arrearages are assigned to the public agency pursuant according 
 27.34  to section 256.74, subdivision 5 256.741. 
 27.35     (c) "Public authority" means the public authority 
 27.36  responsible for child support enforcement. 
 28.1      (d) "Nonpublic assistance arrearage case" means a support 
 28.2   case where arrearages have accrued that have not been assigned 
 28.3   pursuant according to section 256.74, subdivision 5 256.741. 
 28.4      Sec. 22.  Minnesota Statutes 1996, section 256.998, 
 28.5   subdivision 1, is amended to read: 
 28.6      Subdivision 1.  [DEFINITIONS.] (a) The definitions in this 
 28.7   subdivision apply to this section. 
 28.8      (b) "Date of hiring" means the earlier of:  (1) the first 
 28.9   day for which an employee is owed compensation by an employer; 
 28.10  or (2) the first day that an employee reports to work or 
 28.11  performs labor or services for an employer. 
 28.12     (c) "Earnings" means payment owed by an employer for labor 
 28.13  or services rendered by an employee. 
 28.14     (d) "Employee" means a person who resides or works in 
 28.15  Minnesota, and performs services for compensation, in whatever 
 28.16  form, for an employer, and satisfies the criteria of an employee 
 28.17  under chapter 24 of the Internal Revenue Code.  Employee does 
 28.18  not include:  
 28.19     (1) persons hired for domestic service in the private home 
 28.20  of the employer, as defined in the Federal Tax Code.; or 
 28.21     (2) an employee of the federal or state agency performing 
 28.22  intelligence or counterintelligence functions, if the head of 
 28.23  such agency has determined that reporting according to this law 
 28.24  would endanger the safety of the employee or compromise an 
 28.25  ongoing investigation or intelligence mission. 
 28.26     (e) "Employer" means a person or entity located or doing 
 28.27  business in this state that employs one or more employees for 
 28.28  payment, and satisfies the criteria of an employer under chapter 
 28.29  24 of the Internal Revenue Code.  Employer includes a labor 
 28.30  organization as defined in paragraph (g).  Employer also 
 28.31  includes the state, political or other governmental subdivisions 
 28.32  of the state, and the federal government. 
 28.33     (f) "Hiring" means engaging a person to perform services 
 28.34  for compensation and includes the reemploying or return to work 
 28.35  of any previous employee who was laid off, furloughed, 
 28.36  separated, granted a leave without pay, or terminated from 
 29.1   employment. when a period of 90 days elapses from the date of 
 29.2   layoff, furlough, separation, leave, or termination to the date 
 29.3   of the person's return to work. 
 29.4      (g) "Labor organization" means entities located or doing 
 29.5   business in this state that meet the criteria of labor 
 29.6   organization under section 2(5) of the National Labor Relations 
 29.7   Act.  This includes any entity, that may also be known as a 
 29.8   hiring hall, used to carry out requirements described in chapter 
 29.9   7 of the National Labor Relations Act. 
 29.10     (h) "Payor" means a person or entity located or doing 
 29.11  business in Minnesota who pays money to an independent 
 29.12  contractor according to an agreement for the performance of 
 29.13  services. 
 29.14     Sec. 23.  Minnesota Statutes 1996, section 256.998, 
 29.15  subdivision 6, is amended to read: 
 29.16     Subd. 6.  [SANCTIONS.] If an employer fails to report under 
 29.17  this section, the commissioner of human services, by certified 
 29.18  mail, shall send the employer a written notice of noncompliance 
 29.19  requesting that the employer comply with the reporting 
 29.20  requirements of this section.  The notice of noncompliance must 
 29.21  explain the reporting procedure under this section and advise 
 29.22  the employer of the penalty for noncompliance.  An employer who 
 29.23  has received a notice of noncompliance and later incurs a second 
 29.24  violation is subject to a civil penalty of $50 $25 for each 
 29.25  intentionally unreported employee.  An employer who has received 
 29.26  a notice of noncompliance and later incurs a third or subsequent 
 29.27  violation is subject to a civil penalty of $500 for each 
 29.28  intentionally unreported employee., if noncompliance is the 
 29.29  result of a conspiracy between an employer and an employee not 
 29.30  to supply the required report or to supply a false or incomplete 
 29.31  report.  These penalties may be imposed and collected by the 
 29.32  commissioner of human services.  An employer who has been served 
 29.33  with a notice of noncompliance and incurs a second or subsequent 
 29.34  notice of noncompliance has the right to a contested case 
 29.35  hearing pursuant to chapter 14.  An employer has 20 days from 
 29.36  the date of service of the notice of noncompliance to file a 
 30.1   request for a contested case hearing with the commissioner.  The 
 30.2   order of the administrative law judge constitutes the final 
 30.3   decision in the case. 
 30.4      Sec. 24.  Minnesota Statutes 1996, section 256.998, 
 30.5   subdivision 7, is amended to read: 
 30.6      Subd. 7.  [ACCESS TO DATA.] The commissioner of human 
 30.7   services shall retain the information reported to the work 
 30.8   reporting system for a period of six months.  Data in the work 
 30.9   reporting system may be disclosed to the public authority 
 30.10  responsible for child support enforcement, federal agencies, and 
 30.11  state and local agencies of other states for the purposes of 
 30.12  enforcing state and federal laws governing child support., and 
 30.13  agencies responsible for the administration of programs under 
 30.14  Title IV-A of the Social Security Act, the department of 
 30.15  economic security, and the department of labor and industry. 
 30.16     Sec. 25.  Minnesota Statutes 1996, section 256.998, 
 30.17  subdivision 9, is amended to read: 
 30.18     Subd. 9.  [INDEPENDENT CONTRACTORS.] The state and all 
 30.19  political subdivisions of the state, when acting in the capacity 
 30.20  of an employer, shall report the hiring of any person as an 
 30.21  independent contractor to the centralized work reporting system 
 30.22  in the same manner as the hiring of an employee is reported. 
 30.23     The attorney general and the commissioner of human services 
 30.24  shall work with representatives of the employment community and 
 30.25  industries that utilize independent contractors in the regular 
 30.26  course of business to develop a plan to include the reporting of 
 30.27  independent contractors by all employers to the centralized work 
 30.28  reporting system by July 1, 1996.  The attorney general and the 
 30.29  commissioner of human services shall present the resulting plan 
 30.30  in the form of proposed legislation to the legislature by 
 30.31  February 1, 1996. Other payors may report independent 
 30.32  contractors to whom they make payments that require the filing 
 30.33  of a 1099-MISC report.  Payors reporting independent contractors 
 30.34  shall report by use of the same means and provide the same 
 30.35  information required under subdivisions 4 and 5.  The 
 30.36  commissioner of human services shall establish procedures for 
 31.1   payors reporting under this section. 
 31.2      Sec. 26.  Minnesota Statutes 1996, section 256.998, is 
 31.3   amended by adding a subdivision to read: 
 31.4      Subd. 10.  [USE OF WORK REPORTING SYSTEM INFORMATION IN 
 31.5   DETERMINING ELIGIBILITY FOR PUBLIC ASSISTANCE PROGRAMS.] The 
 31.6   commissioner of human services is authorized to use information 
 31.7   from the work reporting system to determine eligibility for 
 31.8   applicants and recipients of public assistance programs 
 31.9   administered by the department of human services.  Data 
 31.10  including names, dates of birth, and social security numbers of 
 31.11  people applying for or receiving public assistance benefits will 
 31.12  be compared to the work reporting system information to 
 31.13  determine if applicants or recipients of public assistance are 
 31.14  employed.  County agencies will be notified of discrepancies in 
 31.15  information obtained from the work reporting system. 
 31.16     Sec. 27.  Minnesota Statutes 1996, section 256.998, is 
 31.17  amended by adding a subdivision to read: 
 31.18     Subd. 11.  [ACTION ON INFORMATION.] Upon receipt of the 
 31.19  discrepant information, county agencies will notify clients of 
 31.20  the information and request verification of employment status 
 31.21  and earnings.  County agencies must attempt to resolve the 
 31.22  discrepancy within 45 days of receipt of the information. 
 31.23     Sec. 28.  Minnesota Statutes 1996, section 256.998, is 
 31.24  amended by adding a subdivision to read: 
 31.25     Subd. 12.  [CLIENT NOTIFICATION.] Persons applying for 
 31.26  public assistance programs administered by the department of 
 31.27  human services will be notified at the time of application that 
 31.28  data including their name, date of birth, and social security 
 31.29  number will be shared with the work reporting system to 
 31.30  determine possible employment.  All current public assistance 
 31.31  recipients will be notified of this provision prior to its 
 31.32  implementation. 
 31.33     Sec. 29.  Minnesota Statutes 1996, section 257.62, 
 31.34  subdivision 1, is amended to read: 
 31.35     Subdivision 1.  [BLOOD OR GENETIC TESTS REQUIRED.] (a) The 
 31.36  court or public authority may, and upon request of a party 
 32.1   shall, require the child, mother, or alleged father to submit to 
 32.2   blood or genetic tests.  A mother or alleged father requesting 
 32.3   the tests shall file with the court an affidavit either alleging 
 32.4   or denying paternity and setting forth facts that establish the 
 32.5   reasonable possibility that there was, or was not, the requisite 
 32.6   sexual contact between the parties. 
 32.7      (b) A copy of the test results must be served on the 
 32.8   parties as provided in section 543.20 each party by first class 
 32.9   mail to the party's last known address.  Any objection to the 
 32.10  results of blood or genetic tests must be made in writing no 
 32.11  later than 15 days prior to a hearing at which time those test 
 32.12  results may be introduced into evidence 30 days after service of 
 32.13  the results.  Test results served upon a party must include 
 32.14  notice of this right to object.  
 32.15     (c) If the alleged father is dead, the court may, and upon 
 32.16  request of a party shall, require the decedent's parents or 
 32.17  brothers and sisters or both to submit to blood or genetic 
 32.18  tests.  However, in a case involving these relatives of an 
 32.19  alleged father, who is deceased, the court may refuse to order 
 32.20  blood or genetic tests if the court makes an express finding 
 32.21  that submitting to the tests presents a danger to the health of 
 32.22  one or more of these relatives that outweighs the child's 
 32.23  interest in having the tests performed.  Unless the person gives 
 32.24  consent to the use, the results of any blood or genetic tests of 
 32.25  the decedent's parents, brothers, or sisters may be used only to 
 32.26  establish the right of the child to public assistance including 
 32.27  but not limited to social security and veterans' benefits.  The 
 32.28  tests shall be performed by a qualified expert appointed by the 
 32.29  court. 
 32.30     Sec. 30.  Minnesota Statutes 1996, section 257.62, 
 32.31  subdivision 2, is amended to read: 
 32.32     Subd. 2.  The court, upon reasonable request by a party, 
 32.33  shall order that independent tests be performed by other 
 32.34  qualified experts.  Unless otherwise agreed by the parties, a 
 32.35  party wanting additional testing must first contest the original 
 32.36  tests in subdivision 1, paragraph (b), and must pay in advance 
 33.1   for the additional testing.  The additional testing shall be 
 33.2   performed by another qualified expert. 
 33.3      Sec. 31.  Minnesota Statutes 1996, section 257.66, 
 33.4   subdivision 3, is amended to read: 
 33.5      Subd. 3.  [JUDGMENT; ORDER.] The judgment or order shall 
 33.6   contain provisions concerning the duty of support, the custody 
 33.7   of the child, the name of the child, the social security number 
 33.8   of the mother, father, and child, if known at the time of 
 33.9   adjudication, visitation privileges with the child, the 
 33.10  furnishing of bond or other security for the payment of the 
 33.11  judgment, or any other matter in the best interest of the 
 33.12  child.  Custody and visitation and all subsequent motions 
 33.13  related to them shall proceed and be determined under section 
 33.14  257.541.  The remaining matters and all subsequent motions 
 33.15  related to them shall proceed and be determined in accordance 
 33.16  with chapter 518.  The judgment or order may direct the 
 33.17  appropriate party to pay all or a proportion of the reasonable 
 33.18  expenses of the mother's pregnancy and confinement, after 
 33.19  consideration of the relevant facts, including the relative 
 33.20  financial means of the parents; the earning ability of each 
 33.21  parent; and any health insurance policies held by either parent, 
 33.22  or by a spouse or parent of the parent, which would provide 
 33.23  benefits for the expenses incurred by the mother during her 
 33.24  pregnancy and confinement.  Pregnancy and confinement expenses 
 33.25  and genetic testing costs, submitted by the public authority, 
 33.26  are admissible as evidence without third-party foundation 
 33.27  testimony and shall constitute prima facie evidence of the 
 33.28  amounts incurred for such services or for the genetic testing.  
 33.29  Remedies available for the collection and enforcement of child 
 33.30  support apply to confinement costs and are considered additional 
 33.31  child support. 
 33.32     Sec. 32.  Minnesota Statutes 1996, section 257.66, is 
 33.33  amended by adding a subdivision to read: 
 33.34     Subd. 6.  [REQUIRED INFORMATION.] Upon entry of judgment or 
 33.35  order, each parent who is a party in a paternity proceeding 
 33.36  shall: 
 34.1      (1) file with the public authority responsible for child 
 34.2   support enforcement the party's social security number, 
 34.3   residential and mailing address, telephone number, driver's 
 34.4   license number, and name, address, and telephone number of any 
 34.5   employer if the party is receiving services from the public 
 34.6   authority or begins receiving services from the public 
 34.7   authority; 
 34.8      (2) file the information in clause (1) with the district 
 34.9   court; and 
 34.10     (3) notify the court and, if applicable, the public 
 34.11  authority responsible for child support enforcement of any 
 34.12  change in the information required under this section within ten 
 34.13  days of the change. 
 34.14     Sec. 33.  Minnesota Statutes 1996, section 257.70, is 
 34.15  amended to read: 
 34.16     257.70 [HEARINGS AND RECORDS; CONFIDENTIALITY.] 
 34.17     (a) Notwithstanding any other law concerning public 
 34.18  hearings and records, any hearing or trial held under sections 
 34.19  257.51 to 257.74 shall be held in closed court without 
 34.20  admittance of any person other than those necessary to the 
 34.21  action or proceeding.  All papers and records, other than the 
 34.22  final judgment, pertaining to the action or proceeding, whether 
 34.23  part of the permanent record of the court or of a file in the 
 34.24  state department of human services or elsewhere, are subject to 
 34.25  inspection only upon consent of the court and all interested 
 34.26  persons, or in exceptional cases only upon an order of the court 
 34.27  for good cause shown.  
 34.28     (b) In all actions under this chapter in which public 
 34.29  assistance is assigned under section 256.741 or the public 
 34.30  authority provides services to a party or parties to the action, 
 34.31  notwithstanding statutory or other authorization for the public 
 34.32  authority to release private data on the location of a party to 
 34.33  the action, information on the location of one party may not be 
 34.34  released by the public authority to the other party if:  
 34.35     (1) the public authority has knowledge that a protective 
 34.36  order with respect to the other party has been entered; or 
 35.1      (2) the public authority has reason to believe that the 
 35.2   release of the information may result in physical or emotional 
 35.3   harm to the other party. 
 35.4      Sec. 34.  Minnesota Statutes 1996, section 257.75, 
 35.5   subdivision 1a, is amended to read: 
 35.6      Subd. 1a.  [JOINDER IN RECOGNITION BY HUSBAND.] A man who 
 35.7   is a presumed father under section 257.55, subdivision 1, 
 35.8   paragraph (a), may join in a recognition of parentage that 
 35.9   recognizes that another man is the child's biological father.  
 35.10  The man who is the presumed father under section 257.55, 
 35.11  subdivision 1, paragraph (a), must sign an acknowledgment under 
 35.12  oath before a notary public that he is renouncing the 
 35.13  presumption under section 257.55, subdivision 1, paragraph (a), 
 35.14  and recognizing that the father who is executing the recognition 
 35.15  under subdivision 1 is the biological father of the child.  A 
 35.16  joinder in a recognition under this subdivision must be executed 
 35.17  within one year after the child's birth and at the same time as 
 35.18  the recognition under subdivision 1 or within ten days following 
 35.19  execution of the recognition. the joinder must be included in 
 35.20  the recognition form or incorporated by reference within the 
 35.21  recognition and attached to the form when it is filed with the 
 35.22  state registrar of vital statistics.  The joinder must be on a 
 35.23  form prepared by the commissioner of human services.  Failure to 
 35.24  properly execute a joinder in a recognition does not affect the 
 35.25  validity of the recognition under subdivision 1.  A joinder 
 35.26  without a corresponding recognition of parentage has no legal 
 35.27  effect. 
 35.28     Sec. 35.  Minnesota Statutes 1996, section 257.75, 
 35.29  subdivision 2, is amended to read: 
 35.30     Subd. 2.  [REVOCATION OF RECOGNITION.] A recognition may be 
 35.31  revoked in a writing signed by the mother or father before a 
 35.32  notary public and filed with the state registrar of vital 
 35.33  statistics within the earlier of 30 days after the recognition 
 35.34  is executed. or the date of an administrative or judicial 
 35.35  hearing relating to the child in which the revoking party is a 
 35.36  party to the related action.  A joinder in a recognition may be 
 36.1   revoked in a writing signed by the man who executed the joinder 
 36.2   and filed with the state registrar of vital statistics within 30 
 36.3   days after the joinder is executed.  Upon receipt of a 
 36.4   revocation of the recognition of parentage or joinder in a 
 36.5   recognition, the state registrar of vital statistics shall 
 36.6   forward a copy of the revocation to the nonrevoking parent, or, 
 36.7   in the case of a joinder in a recognition, to the mother and 
 36.8   father who executed the recognition.  
 36.9      Sec. 36.  Minnesota Statutes 1996, section 257.75, 
 36.10  subdivision 3, is amended to read: 
 36.11     Subd. 3.  [EFFECT OF RECOGNITION.] Subject to subdivision 2 
 36.12  and section 257.55, subdivision 1, paragraph (g) or (h), the 
 36.13  recognition has the force and effect of a judgment or order 
 36.14  determining the existence of the parent and child relationship 
 36.15  under section 257.66.  If the conditions in section 257.55, 
 36.16  subdivision 1, paragraph (g) or (h), exist, the recognition 
 36.17  creates only a presumption of paternity for purposes of sections 
 36.18  257.51 to 257.74.  Once a recognition has been properly executed 
 36.19  and filed with the state registrar of vital statistics, if there 
 36.20  are no competing presumptions of paternity, a judicial or 
 36.21  administrative court shall not allow further action to determine 
 36.22  parentage regarding the signator of recognition.  Until an order 
 36.23  is entered granting custody to another, the mother has sole 
 36.24  custody.  The recognition is: 
 36.25     (1) a basis for bringing an action to award custody or 
 36.26  visitation rights to either parent, establishing a child support 
 36.27  obligation which may include up to the two years immediately 
 36.28  preceding the commencement of the action, ordering a 
 36.29  contribution by a parent under section 256.87, or ordering a 
 36.30  contribution to the reasonable expenses of the mother's 
 36.31  pregnancy and confinement, as provided under section 257.66, 
 36.32  subdivision 3, or ordering reimbursement for the costs of blood 
 36.33  or genetic testing, as provided under section 257.69, 
 36.34  subdivision 2; 
 36.35     (2) determinative for all other purposes related to the 
 36.36  existence of the parent and child relationship; and 
 37.1      (3) entitled to full faith and credit in other 
 37.2   jurisdictions.  
 37.3      Sec. 37.  Minnesota Statutes 1996, section 257.75, 
 37.4   subdivision 4, is amended to read: 
 37.5      Subd. 4.  [ACTION TO VACATE RECOGNITION.] (a) An action to 
 37.6   vacate a recognition of paternity may be brought by the mother, 
 37.7   father, husband or former husband who executed a joinder, or the 
 37.8   child.  An action to vacate a recognition of parentage may be 
 37.9   brought by the public authority if it is combined with an action 
 37.10  to establish parentage of another man.  A mother, father, or 
 37.11  husband or former husband who executed a joinder must bring the 
 37.12  action within one year of the execution of the recognition or 
 37.13  within six months after the person bringing the action obtains 
 37.14  the results of blood or genetic tests that indicate that the man 
 37.15  who executed the recognition is not the father of the child.  A 
 37.16  child must bring an action to vacate within six months after the 
 37.17  child obtains the result of blood or genetic tests that indicate 
 37.18  that the man who executed the recognition is not the father of 
 37.19  the child, or within one year of reaching the age of majority, 
 37.20  whichever is later.  If the court finds a prima facie basis for 
 37.21  vacating the recognition, the court shall order the child, 
 37.22  mother, father, and husband or former husband who executed a 
 37.23  joinder to submit to blood tests.  If the court issues an order 
 37.24  for the taking of blood tests, the court shall require the party 
 37.25  seeking to vacate the recognition to make advance payment for 
 37.26  the costs of the blood tests.  If the party fails to pay for the 
 37.27  costs of the blood tests, the court shall dismiss the action to 
 37.28  vacate with prejudice.  The court may also order the party 
 37.29  seeking to vacate the recognition to pay the other party's 
 37.30  reasonable attorney fees, costs, and disbursements.  If the 
 37.31  results of the blood tests establish that the man who executed 
 37.32  the recognition is not the father, the court shall vacate the 
 37.33  recognition.  If a recognition is vacated, any joinder in the 
 37.34  recognition under subdivision 1a is also vacated.  The court 
 37.35  shall terminate the obligation of a party to pay ongoing child 
 37.36  support based on the recognition.  A modification of child 
 38.1   support based on a recognition may be made retroactive with 
 38.2   respect to any period during which the moving party has pending 
 38.3   a motion to vacate the recognition but only from the date of 
 38.4   service of notice of the motion on the responding party. 
 38.5      (b) The burden of proof in an action to vacate the 
 38.6   recognition is on the moving party.  The moving party must 
 38.7   request the vacation on the basis of fraud, duress, or material 
 38.8   mistake of fact.  The legal responsibilities in existence at the 
 38.9   time of an action to vacate, including child support 
 38.10  obligations, may not be suspended during the proceeding, except 
 38.11  for good cause shown. 
 38.12     Sec. 38.  Minnesota Statutes 1996, section 257.75, 
 38.13  subdivision 5, is amended to read: 
 38.14     Subd. 5.  [RECOGNITION FORM.] The commissioner of human 
 38.15  services shall prepare a form for the recognition of parentage 
 38.16  under this section.  In preparing the form, the commissioner 
 38.17  shall consult with the individuals specified in subdivision 6.  
 38.18  The recognition form must be drafted so that the force and 
 38.19  effect of the recognition, the alternatives to executing a 
 38.20  recognition, and the benefits and responsibilities of 
 38.21  establishing paternity are clear and understandable.  The form 
 38.22  must include a notice regarding the finality of a recognition 
 38.23  and the revocation procedure under subdivision 2.  The form must 
 38.24  include a provision for each parent to verify that the parent 
 38.25  has read or viewed the educational materials prepared by the 
 38.26  commissioner of human services describing the recognition of 
 38.27  paternity.  If feasible, the individual providing the form to 
 38.28  the parents for execution shall provide oral notice of the 
 38.29  rights, responsibilities, and alternatives to executing the 
 38.30  recognition.  Notice may be provided by audio tape, videotape, 
 38.31  or similar means.  Each parent must receive a copy of the 
 38.32  recognition. 
 38.33     Sec. 39.  Minnesota Statutes 1996, section 257.75, 
 38.34  subdivision 7, is amended to read: 
 38.35     Subd. 7.  [HOSPITAL AND DEPARTMENT OF HEALTH DISTRIBUTION 
 38.36  OF EDUCATIONAL MATERIALS; RECOGNITION FORM.] Hospitals that 
 39.1   provide obstetric services and the state registrar of vital 
 39.2   statistics shall distribute the educational materials and 
 39.3   recognition of parentage forms prepared by the commissioner of 
 39.4   human services to new parents and shall assist parents in 
 39.5   understanding the recognition of parentage form., including 
 39.6   following the provisions for notice under subdivision 5.  On and 
 39.7   after January 1, 1994, hospitals may not distribute the 
 39.8   declaration of parentage forms. 
 39.9      Sec. 40.  Minnesota Statutes 1996, section 299C.46, 
 39.10  subdivision 3, is amended to read: 
 39.11     Subd. 3.  [AUTHORIZED USE, FEE.] (a) The data 
 39.12  communications network shall be used exclusively by:  
 39.13     (1) criminal justice agencies in connection with the 
 39.14  performance of duties required by law; 
 39.15     (2) agencies investigating federal security clearances of 
 39.16  individuals for assignment or retention in federal employment 
 39.17  with duties related to national security, as required by Public 
 39.18  Law Number 99-1691; and 
 39.19     (3) other agencies to the extent necessary to provide for 
 39.20  protection of the public or property in an emergency or disaster 
 39.21  situation.; and 
 39.22     (4) the public authority responsible for child support 
 39.23  enforcement in connection with the performance of its duties.  
 39.24     (b) The commissioner of public safety shall establish a 
 39.25  monthly network access charge to be paid by each participating 
 39.26  criminal justice agency.  The network access charge shall be a 
 39.27  standard fee established for each terminal, computer, or other 
 39.28  equipment directly addressable by the criminal justice data 
 39.29  communications network, as follows:  January 1, 1984 to December 
 39.30  31, 1984, $40 connect fee per month; January 1, 1985 and 
 39.31  thereafter, $50 connect fee per month.  
 39.32     (c) The commissioner of public safety is authorized to 
 39.33  arrange for the connection of the data communications network 
 39.34  with the criminal justice information system of the federal 
 39.35  government, any adjacent state, or Canada. 
 39.36     Sec. 41.  Minnesota Statutes 1996, section 508.63, is 
 40.1   amended to read: 
 40.2      508.63 [REGISTRATION OF INSTRUMENTS CREATING LIENS; 
 40.3   JUDGMENTS.] 
 40.4      No judgment requiring the payment of money shall be a lien 
 40.5   upon registered land, except as herein provided.  Any person 
 40.6   claiming such lien shall file with the registrar a certified 
 40.7   copy of the judgment, together with a written statement 
 40.8   containing a description of each parcel of land in which the 
 40.9   judgment debtor has a registered interest and upon which the 
 40.10  lien is claimed, and a proper reference to the certificate or 
 40.11  certificates of title to such land.  Upon filing such copy and 
 40.12  statement, the registrar shall enter a memorial of such judgment 
 40.13  upon each certificate designated in such statement, and the 
 40.14  judgment shall thereupon be and become a lien upon the judgment 
 40.15  debtor's interest in the land described in such certificate or 
 40.16  certificates.  At any time after filing the certified copy of 
 40.17  such judgment, any person claiming the lien may, by filing a 
 40.18  written statement, as herein provided, cause a memorial of such 
 40.19  judgment to be entered upon any certificate of title to land in 
 40.20  which the judgment debtor has a registered interest and not 
 40.21  described in any previous statement and the judgment shall 
 40.22  thereupon be and become a lien upon the judgment debtor's 
 40.23  interest in such land.  The public authority for child support 
 40.24  enforcement may present for filing a notice of judgment lien 
 40.25  under section 548.091 with identifying information for a parcel 
 40.26  of real property.  Upon receipt of the notice of judgment lien, 
 40.27  the registrar shall enter a memorial of it upon each certificate 
 40.28  which can reasonably be identified as owned by the judgment 
 40.29  debtor on the basis of the information provided.  The judgment 
 40.30  shall survive and the lien thereof shall continue for a period 
 40.31  of ten years from the date of the judgment and no longer, and 
 40.32  the registrar of titles shall not carry forward to a new 
 40.33  certificate of title the memorial of the judgment after that 
 40.34  period.  In every case where an instrument of any description, 
 40.35  or a copy of any writ, order, or decree, is required by law to 
 40.36  be filed or recorded in order to create or preserve any lien, 
 41.1   writ, or attachment upon unregistered land, such instrument or 
 41.2   copy, if intended to affect registered land, shall, in lieu of 
 41.3   recording, be filed and registered with the registrar.  In 
 41.4   addition to any facts required by law to be stated in such 
 41.5   instruments to entitle them to be filed or recorded, they shall 
 41.6   also contain a reference to the number of the certificate of 
 41.7   title of the land to be affected, and, if the attachment, 
 41.8   charge, or lien is not claimed on all the land described in any 
 41.9   certificate of title, such instrument shall contain a 
 41.10  description sufficient to identify the land. 
 41.11     Sec. 42.  Minnesota Statutes 1996, section 508A.63, is 
 41.12  amended to read: 
 41.13     508A.63 [REGISTRATION OF INSTRUMENTS CREATING LIENS; 
 41.14  JUDGMENTS.] 
 41.15     No judgment requiring the payment of money shall be a lien 
 41.16  upon land registered under sections 508A.01 to 508A.85, except 
 41.17  as herein provided.  Any person claiming a lien shall file with 
 41.18  the registrar a certified copy of the judgment, together with a 
 41.19  written statement containing a description of each parcel of 
 41.20  land in which the judgment debtor has a registered interest and 
 41.21  upon which the lien is claimed, and a proper reference to the 
 41.22  CPT or CPTs to the land.  Upon filing the copy and statement, 
 41.23  the registrar shall enter a memorial of the judgment upon each 
 41.24  CPT designated in the statement, and the judgment shall then be 
 41.25  and become a lien upon the judgment debtor's interest in the 
 41.26  land described in CPT or CPTs.  At any time after filing the 
 41.27  certified copy of the judgment, any person claiming the lien 
 41.28  may, by filing a written statement, as herein provided, cause a 
 41.29  memorial of the judgment to be entered upon any CPT to land in 
 41.30  which the judgment debtor has a registered interest and not 
 41.31  described in any previous statement and the judgment shall then 
 41.32  be and become a lien upon the judgment debtor's interest in the 
 41.33  land.  The public authority for child support enforcement may 
 41.34  present for filing a notice of judgment lien under section 
 41.35  548.091 with identifying information for a parcel of real 
 41.36  property.  Upon receipt of the notice of judgment lien, the 
 42.1   registrar shall enter a memorial of it upon each certificate of 
 42.2   possessory title which reasonably can be identified as owned by 
 42.3   the judgment debtor on the basis of the information provided.  
 42.4   The judgment shall survive and the lien thereof shall continue 
 42.5   for a period of ten years from the date of the judgment and no 
 42.6   longer; and the registrar shall not carry forward to a new 
 42.7   certificate of title the memorial of the judgment after that 
 42.8   period.  In every case where an instrument of any description, 
 42.9   or a copy of any writ, order, or decree, is required by law to 
 42.10  be filed or recorded in order to create or preserve any lien, 
 42.11  writ, or attachment upon unregistered land, the instrument or 
 42.12  copy, if intended to affect registered land, shall, in lieu of 
 42.13  recording, be filed and registered with the registrar.  In 
 42.14  addition to any facts required by law to be stated in the 
 42.15  instruments to entitle them to be filed or recorded, they shall 
 42.16  also contain a reference to the number of the CPT of the land to 
 42.17  be affected.  If the attachment, charge, or lien is not claimed 
 42.18  on all the land described in any CPT, the instrument shall 
 42.19  contain a description sufficient to identify the land. 
 42.20     Sec. 43.  Minnesota Statutes 1996, section 518.005, is 
 42.21  amended by adding a subdivision to read: 
 42.22     Subd. 5.  [PROHIBITED DISCLOSURE.] In all proceedings under 
 42.23  this chapter in which public assistance is assigned under 
 42.24  section 256.741 or the public authority provides services to a 
 42.25  party or parties to the proceedings, notwithstanding statutory 
 42.26  or other authorization for the public authority to release 
 42.27  private data on the location of a party to the action, 
 42.28  information on the location of one party may not be released by 
 42.29  the public authority to the other party if: 
 42.30     (1) the public authority has knowledge that a protective 
 42.31  order with respect to the other party has been entered; or 
 42.32     (2) the public authority has reason to believe that the 
 42.33  release of the information may result in physical or emotional 
 42.34  harm to the other party. 
 42.35     Sec. 44.  Minnesota Statutes 1996, section 518.10, is 
 42.36  amended to read: 
 43.1      518.10 [REQUISITES OF PETITION.] 
 43.2      The petition for dissolution of marriage or legal 
 43.3   separation shall state and allege: 
 43.4      (a) The name and, address, and, in circumstances in which 
 43.5   child support or spousal maintenance will be addressed, social 
 43.6   security number of the petitioner and any prior or other name 
 43.7   used by the petitioner; 
 43.8      (b) The name and, if known, the address and, in 
 43.9   circumstances in which child support or spousal maintenance will 
 43.10  be addressed, social security number of the respondent and any 
 43.11  prior or other name used by the respondent and known to the 
 43.12  petitioner; 
 43.13     (c) The place and date of the marriage of the parties; 
 43.14     (d) In the case of a petition for dissolution, that either 
 43.15  the petitioner or the respondent or both:  
 43.16     (1) Has resided in this state for not less than 180 days 
 43.17  immediately preceding the commencement of the proceeding, or 
 43.18     (2) Has been a member of the armed services and has been 
 43.19  stationed in this state for not less than 180 days immediately 
 43.20  preceding the commencement of the proceeding, or 
 43.21     (3) Has been a domiciliary of this state for not less than 
 43.22  180 days immediately preceding the commencement of the 
 43.23  proceeding; 
 43.24     (e) The name at the time of the petition and any prior or 
 43.25  other name, age and date of birth of each living minor or 
 43.26  dependent child of the parties born before the marriage or born 
 43.27  or adopted during the marriage and a reference to, and the 
 43.28  expected date of birth of, a child of the parties conceived 
 43.29  during the marriage but not born; 
 43.30     (f) Whether or not a separate proceeding for dissolution, 
 43.31  legal separation, or custody is pending in a court in this state 
 43.32  or elsewhere; 
 43.33     (g) In the case of a petition for dissolution, that there 
 43.34  has been an irretrievable breakdown of the marriage 
 43.35  relationship; 
 43.36     (h) In the case of a petition for legal separation, that 
 44.1   there is a need for a decree of legal separation; and 
 44.2      (i) Any temporary or permanent maintenance, child support, 
 44.3   child custody, disposition of property, attorneys' fees, costs 
 44.4   and disbursements applied for without setting forth the amounts. 
 44.5      The petition shall be verified by the petitioner or 
 44.6   petitioners, and its allegations established by competent 
 44.7   evidence.  
 44.8      Sec. 45.  [518.111] [SUFFICIENCY OF NOTICE.] 
 44.9      (a) Automated child support notices sent by the public 
 44.10  authority which do not require service are sufficient notice 
 44.11  when issued and mailed by first class mail to the person's last 
 44.12  known address. 
 44.13     (b) It is not a defense that a person failed to notify the 
 44.14  public authority of a change of address as required by state law.
 44.15     Sec. 46.  Minnesota Statutes 1996, section 518.148, 
 44.16  subdivision 2, is amended to read: 
 44.17     Subd. 2.  [REQUIRED INFORMATION.] The certificate shall 
 44.18  include the following information: 
 44.19     (1) the full caption and file number of the case and the 
 44.20  title "Certificate of Dissolution"; 
 44.21     (2) the names and any prior or other names of the parties 
 44.22  to the dissolution; 
 44.23     (3) the names of any living minor or dependent children as 
 44.24  identified in the judgment and decree; 
 44.25     (4) that the marriage of the parties is dissolved; and 
 44.26     (5) the date of the judgment and decree.; and 
 44.27     (6) the social security number of the parties to the 
 44.28  dissolution and the social security number of any living minor 
 44.29  or dependent children identified in the judgment and decree. 
 44.30     Sec. 47.  Minnesota Statutes 1996, section 518.171, 
 44.31  subdivision 1, is amended to read: 
 44.32     Subdivision 1.  [ORDER.] Compliance with this section 
 44.33  constitutes compliance with a qualified medical child support 
 44.34  order as described in the federal Employee Retirement Income 
 44.35  Security Act of 1974 (ERISA) as amended by the federal Omnibus 
 44.36  Budget Reconciliation Act of 1993 (OBRA).  
 45.1      (a) Every child support order must: 
 45.2      (1) expressly assign or reserve the responsibility for 
 45.3   maintaining medical insurance for the minor children and the 
 45.4   division of uninsured medical and dental costs; and 
 45.5      (2) contain the names and, last known addresses, if any and 
 45.6   social security numbers of the custodial parent and noncustodial 
 45.7   parent, of the dependents unless the court prohibits the 
 45.8   inclusion of an address or social security number and orders the 
 45.9   custodial parent to provide the address and social security 
 45.10  number to the administrator of the health plan.  The court shall 
 45.11  order the party with the better group dependent health and 
 45.12  dental insurance coverage or health insurance plan to name the 
 45.13  minor child as beneficiary on any health and dental insurance 
 45.14  plan that is available to the party on: 
 45.15     (i) a group basis; 
 45.16     (ii) through an employer or union; or 
 45.17     (iii) through a group health plan governed under the ERISA 
 45.18  and included within the definitions relating to health plans 
 45.19  found in section 62A.011, 62A.048, or 62E.06, subdivision 2.  
 45.20  "Health insurance" or "health insurance coverage" as used in 
 45.21  this section means coverage that is comparable to or better than 
 45.22  a number two qualified plan as defined in section 62E.06, 
 45.23  subdivision 2.  "Health insurance" or "health insurance 
 45.24  coverage" as used in this section does not include medical 
 45.25  assistance provided under chapter 256, 256B, or 256D. 
 45.26     (b) If the court finds that dependent health or dental 
 45.27  insurance is not available to the obligor or obligee on a group 
 45.28  basis or through an employer or union, or that group insurance 
 45.29  is not accessible to the obligee, the court may require the 
 45.30  obligor (1) to obtain other dependent health or dental 
 45.31  insurance, (2) to be liable for reasonable and necessary medical 
 45.32  or dental expenses of the child, or (3) to pay no less than $50 
 45.33  per month to be applied to the medical and dental expenses of 
 45.34  the children or to the cost of health insurance dependent 
 45.35  coverage. 
 45.36     (c) If the court finds that the available dependent health 
 46.1   or dental insurance does not pay all the reasonable and 
 46.2   necessary medical or dental expenses of the child, including any 
 46.3   existing or anticipated extraordinary medical expenses, and the 
 46.4   court finds that the obligor has the financial ability to 
 46.5   contribute to the payment of these medical or dental expenses, 
 46.6   the court shall require the obligor to be liable for all or a 
 46.7   portion of the medical or dental expenses of the child not 
 46.8   covered by the required health or dental plan.  Medical and 
 46.9   dental expenses include, but are not limited to, necessary 
 46.10  orthodontia and eye care, including prescription lenses. 
 46.11     (d) Unless otherwise agreed by the parties and approved by 
 46.12  the court, if the court finds that the obligee is not receiving 
 46.13  public assistance for the child and has the financial ability to 
 46.14  contribute to the cost of medical and dental expenses for the 
 46.15  child, including the cost of insurance, the court shall order 
 46.16  the obligee and obligor to each assume a portion of these 
 46.17  expenses based on their proportionate share of their total net 
 46.18  income as defined in section 518.54, subdivision 6. 
 46.19     (e) Payments ordered under this section are subject to 
 46.20  section 518.611.  An obligee who fails to apply payments 
 46.21  received to the medical expenses of the dependents may be found 
 46.22  in contempt of this order. 
 46.23     Sec. 48.  Minnesota Statutes 1996, section 518.171, 
 46.24  subdivision 4, is amended to read: 
 46.25     Subd. 4.  [EFFECT OF ORDER.] (a) The order is binding on 
 46.26  the employer or union and the health and dental insurance plan 
 46.27  when service under subdivision 3 has been made.  In the case of 
 46.28  an obligor who changes employment and is required to provide 
 46.29  health coverage for the child, a new employer that provides 
 46.30  health care coverage shall enroll the child in the obligor's 
 46.31  health plan upon receipt of an order or notice for health 
 46.32  insurance, unless the obligor contests the enrollment.  The 
 46.33  obligor may contest the enrollment on the limited grounds that 
 46.34  the enrollment is improper due to mistake of fact or that the 
 46.35  enrollment meets the requirements of section 518.64, subdivision 
 46.36  2.  If the obligor chooses to contest the enrollment, the 
 47.1   obligor must do so no later than 15 days after the employer 
 47.2   notifies the obligor of the enrollment by doing all of the 
 47.3   following: 
 47.4      (1) filing a request for contested hearing according to 
 47.5   section 518.5511, subdivision 3a; 
 47.6      (2) serving a copy of the request for contested hearing 
 47.7   upon the public authority and the obligee; and 
 47.8      (3) securing a date for the contested hearing no later than 
 47.9   45 days after the notice of enrollment. 
 47.10     (b) The enrollment must remain in place during the time 
 47.11  period in which the obligor contests the withholding. 
 47.12     (c) If the court finds that an arrearage of at least 30 
 47.13  days existed as of the date of the notice of withholding, the 
 47.14  court shall order income withholding to continue.  If the court 
 47.15  finds a mistake in the amount of the arrearage to be withheld, 
 47.16  the court shall continue the income withholding, but it shall 
 47.17  correct the amount of the arrearage to be withheld.  An employer 
 47.18  or union that is included under ERISA may not deny enrollment 
 47.19  based on exclusionary clauses described in section 62A.048.  
 47.20  Upon receipt of the order, or upon application of the 
 47.21  obligor pursuant according to the order or notice, the employer 
 47.22  or union and its health and dental insurance plan shall enroll 
 47.23  the minor child as a beneficiary in the group insurance plan and 
 47.24  withhold any required premium from the obligor's income or 
 47.25  wages.  If more than one plan is offered by the employer or 
 47.26  union, the child shall be enrolled in the least costly health 
 47.27  insurance plan otherwise available to the obligor that is 
 47.28  comparable to a number two qualified plan.  If the obligor is 
 47.29  not enrolled in a health insurance plan, the employer or union 
 47.30  shall also enroll the obligor in the chosen plan if enrollment 
 47.31  of the obligor is necessary in order to obtain dependent 
 47.32  coverage under the plan.  Enrollment of dependents and the 
 47.33  obligor shall be immediate and not dependent upon open 
 47.34  enrollment periods.  Enrollment is not subject to the 
 47.35  underwriting policies described in section 62A.048.  
 47.36     (b) An employer or union that willfully fails to comply 
 48.1   with the order is liable for any health or dental expenses 
 48.2   incurred by the dependents during the period of time the 
 48.3   dependents were eligible to be enrolled in the insurance 
 48.4   program, and for any other premium costs incurred because the 
 48.5   employer or union willfully failed to comply with the order.  An 
 48.6   employer or union that fails to comply with the order is subject 
 48.7   to contempt under section 518.615 and is also subject to a fine 
 48.8   of $500 to be paid to the obligee or public authority.  Fines 
 48.9   paid to the public authority are designated for child support 
 48.10  enforcement services. 
 48.11     (c) Failure of the obligor to execute any documents 
 48.12  necessary to enroll the dependent in the group health and dental 
 48.13  insurance plan will not affect the obligation of the employer or 
 48.14  union and group health and dental insurance plan to enroll the 
 48.15  dependent in a plan.  Information and authorization provided by 
 48.16  the public authority responsible for child support enforcement, 
 48.17  or by the custodial parent or guardian, is valid for the 
 48.18  purposes of meeting enrollment requirements of the health plan.  
 48.19  The insurance coverage for a child eligible under subdivision 5 
 48.20  shall not be terminated except as authorized in subdivision 5. 
 48.21     Sec. 49.  Minnesota Statutes 1996, section 518.54, is 
 48.22  amended by adding a subdivision to read: 
 48.23     Subd. 4a.  [SUPPORT ORDER.] "Support order" means a 
 48.24  judgment, decree, or order, whether temporary, final, or subject 
 48.25  to modification, issued by a court or administrative agency of 
 48.26  competent jurisdiction for the support and maintenance of a 
 48.27  child, including a child who has attained the age of majority 
 48.28  under the law of the issuing state, or a child and the parent 
 48.29  with whom the child is living.  To be included in this 
 48.30  definition a support order must provide for monetary support, 
 48.31  child care, medical support including expenses for confinement 
 48.32  and pregnancy, arrearages, or reimbursement; it may include 
 48.33  related costs and fees, interest and penalties, income 
 48.34  withholding, and other relief.  This definition applies to 
 48.35  orders issued under this chapter and chapters 256, 257, and 518C.
 48.36     Sec. 50.  Minnesota Statutes 1996, section 518.54, 
 49.1   subdivision 6, is amended to read: 
 49.2      Subd. 6.  [INCOME.] (a) "Income" means any form of periodic 
 49.3   payment to an individual including, but not limited to, wages, 
 49.4   salaries, payments to an independent contractor, workers' 
 49.5   compensation, reemployment insurance, annuity, military and 
 49.6   naval retirement, pension and disability payments.  Benefits 
 49.7   received under sections 256.72 to 256.87 and chapter 256D Title 
 49.8   IV-A of the Social Security Act are not income under this 
 49.9   section. 
 49.10     (b) Income also includes other resources of an individual 
 49.11  including, but not limited to, nonperiodic distributions of 
 49.12  workers' compensation claims, reemployment claims, personal 
 49.13  injury recoveries, proceeds from a lawsuit, severance pay, 
 49.14  bonuses, and lottery or gambling winnings. 
 49.15     Sec. 51.  Minnesota Statutes 1996, section 518.551, 
 49.16  subdivision 5b, is amended to read: 
 49.17     Subd. 5b.  [DETERMINATION OF INCOME.] (a) The parties shall 
 49.18  timely serve and file documentation of earnings and income. When 
 49.19  there is a prehearing conference, the court must receive the 
 49.20  documentation of income at least ten days prior to the 
 49.21  prehearing conference.  Documentation of earnings and income 
 49.22  also includes, but is not limited to, pay stubs for the most 
 49.23  recent three months, employer statements, or statement of 
 49.24  receipts and expenses if self-employed.  Documentation of 
 49.25  earnings and income also includes copies of each parent's most 
 49.26  recent federal tax returns, including W-2 forms, 1099 forms, 
 49.27  reemployment insurance statements, workers' compensation 
 49.28  statements, and all other documents evidencing income as 
 49.29  received that provide verification of income over a longer 
 49.30  period. 
 49.31     (b) In addition to the requirements of paragraph (a), at 
 49.32  any time after an action seeking child support has been 
 49.33  commenced or when a child support order is in effect, a party or 
 49.34  the public authority may require the other party to give them a 
 49.35  copy of the party's most recent federal tax returns that were 
 49.36  filed with the Internal Revenue Service.  The party shall 
 50.1   provide a copy of the tax returns within 30 days of receipt of 
 50.2   the request unless the request is not made in good faith.  A 
 50.3   request under this paragraph may not be made more than once 
 50.4   every two years, in the absence of good cause. 
 50.5      (c) If a parent under the jurisdiction of the court does 
 50.6   not appear at a court hearing after proper notice of the time 
 50.7   and place of the hearing, the court shall set income for that 
 50.8   parent based on credible evidence before the court or in 
 50.9   accordance with paragraph (d).  Credible evidence may include 
 50.10  documentation of current or recent income, testimony of the 
 50.11  other parent concerning recent earnings and income levels, and 
 50.12  the parent's wage reports filed with the Minnesota department of 
 50.13  economic security under section 268.121.  
 50.14     (d) If the court finds that a parent is voluntarily 
 50.15  unemployed or underemployed, child support shall be calculated 
 50.16  based on a determination of imputed income.  A parent is not 
 50.17  considered voluntarily unemployed or underemployed upon a 
 50.18  showing by the parent that the unemployment or underemployment:  
 50.19  (1) is temporary and will ultimately lead to an increase in 
 50.20  income; or (2) represents a bona fide career change that 
 50.21  outweighs the adverse effect of that parent's diminished income 
 50.22  on the child.  Imputed income means the estimated earning 
 50.23  ability of a parent based on the parent's prior earnings 
 50.24  history, education, and job skills, and on availability of jobs 
 50.25  within the community for an individual with the parent's 
 50.26  qualifications.  If the court is unable to determine or estimate 
 50.27  the earning ability of a parent, the court may calculate child 
 50.28  support based on full-time employment of 40 hours per week 
 50.29  at 200 percent of the federal minimum wage or the Minnesota 
 50.30  minimum wage, whichever is higher.  Any medical support or child 
 50.31  care contribution shall be calculated based upon the obligor's 
 50.32  proportionate share of the child care expenses using 40 hours 
 50.33  per week at 200 percent of the federal minimum wage or the 
 50.34  Minnesota minimum wage, whichever is higher.  If a parent is a 
 50.35  recipient of public assistance under sections 256.72 to 256.87 
 50.36  or chapter 256D, or is physically or mentally incapacitated, it 
 51.1   shall be presumed that the parent is not voluntarily unemployed 
 51.2   or underemployed.  
 51.3      (e) Income from self employment is equal to gross receipts 
 51.4   minus ordinary and necessary expenses.  Ordinary and necessary 
 51.5   expenses do not include amounts allowed by the Internal Revenue 
 51.6   Service for accelerated depreciation expenses or investment tax 
 51.7   credits or any other business expenses determined by the court 
 51.8   to be inappropriate for determining income for purposes of child 
 51.9   support.  The person seeking to deduct an expense, including 
 51.10  depreciation, has the burden of proving that the expense is 
 51.11  ordinary and necessary.  Net income under this section may be 
 51.12  different from taxable income. 
 51.13     Sec. 52.  Minnesota Statutes 1996, section 518.551, 
 51.14  subdivision 7, is amended to read: 
 51.15     Subd. 7.  [SERVICE FEE.] When the public agency responsible 
 51.16  for child support enforcement provides child support collection 
 51.17  services either to a public assistance recipient or to a party 
 51.18  who does not receive public assistance, the public agency may 
 51.19  upon written notice to the obligor charge a monthly collection 
 51.20  fee equivalent to the full monthly cost to the county of 
 51.21  providing collection services, in addition to the amount of the 
 51.22  child support which was ordered by the court.  The fee shall be 
 51.23  deposited in the county general fund.  The service fee assessed 
 51.24  is limited to ten percent of the monthly court ordered child 
 51.25  support and shall not be assessed to obligors who are current in 
 51.26  payment of the monthly court ordered child support. 
 51.27     An application fee of $25 shall be paid by the person who 
 51.28  applies for child support and maintenance collection services, 
 51.29  except persons who are receiving public assistance as defined in 
 51.30  section 256.741 and persons who transfer from public assistance 
 51.31  to nonpublic assistance status.  Fees assessed by state and 
 51.32  federal tax agencies for collection of overdue support owed to 
 51.33  or on behalf of a person not receiving public assistance must be 
 51.34  imposed on the person for whom these services are provided.  The 
 51.35  public authority upon written notice to the obligee shall assess 
 51.36  a fee of $25 to the person not receiving public assistance for 
 52.1   each successful federal tax interception.  The fee must be 
 52.2   withheld prior to the release of the funds received from each 
 52.3   interception and deposited in the general fund. 
 52.4      However, the limitations of this subdivision on the 
 52.5   assessment of fees shall not apply to the extent inconsistent 
 52.6   with the requirements of federal law for receiving funds for the 
 52.7   programs under Title IV-A and Title IV-D of the Social Security 
 52.8   Act, United States Code, title 42, sections 601 to 613 and 
 52.9   United States Code, title 42, sections 651 to 662.  
 52.10     Sec. 53.  Minnesota Statutes 1996, section 518.551, 
 52.11  subdivision 12, is amended to read: 
 52.12     Subd. 12.  [OCCUPATIONAL LICENSE SUSPENSION.] (a) Upon 
 52.13  motion of an obligee, if the court finds that the obligor is or 
 52.14  may be licensed by a licensing board listed in section 214.01 or 
 52.15  other state, county, or municipal agency or board that issues an 
 52.16  occupational license and the obligor is in arrears in 
 52.17  court-ordered child support or maintenance payments or both in 
 52.18  an amount equal to or greater than three times the obligor's 
 52.19  total monthly support and maintenance payments and is not in 
 52.20  compliance with a written payment agreement regarding both 
 52.21  current support and arrearages approved by the court, an 
 52.22  administrative law judge, or the public authority, the 
 52.23  administrative law judge, or the court shall direct the 
 52.24  licensing board or other licensing agency to suspend the license 
 52.25  under section 214.101.  The court's order must be stayed for 90 
 52.26  days in order to allow the obligor to execute a written payment 
 52.27  agreement regarding both current support and arrearages.  The 
 52.28  payment agreement must be approved by either the court or the 
 52.29  public authority responsible for child support enforcement.  If 
 52.30  the obligor has not executed or is not in compliance with a 
 52.31  written payment agreement regarding both current support and 
 52.32  arrearages after the 90 days expires, the court's order becomes 
 52.33  effective.  If the obligor is a licensed attorney, the court 
 52.34  shall report the matter to the lawyers professional 
 52.35  responsibility board for appropriate action in accordance with 
 52.36  the rules of professional conduct.  The remedy under this 
 53.1   subdivision is in addition to any other enforcement remedy 
 53.2   available to the court. 
 53.3      (b) If a public authority responsible for child support 
 53.4   enforcement finds that the obligor is or may be licensed by a 
 53.5   licensing board listed in section 214.01 or other state, county, 
 53.6   or municipal agency or board that issues an occupational license 
 53.7   and the obligor is in arrears in court-ordered child support or 
 53.8   maintenance payments or both in an amount equal to or greater 
 53.9   than three times the obligor's total monthly support and 
 53.10  maintenance payments and is not in compliance with a written 
 53.11  payment agreement regarding both current support and arrearages 
 53.12  approved by the court, an administrative law judge, or the 
 53.13  public authority, the court, an administrative law judge, or the 
 53.14  public authority shall direct the licensing board or other 
 53.15  licensing agency to suspend the license under section 214.101.  
 53.16  If the obligor is a licensed attorney, the public authority may 
 53.17  report the matter to the lawyers professional responsibility 
 53.18  board for appropriate action in accordance with the rules of 
 53.19  professional conduct.  The remedy under this subdivision is in 
 53.20  addition to any other enforcement remedy available to the public 
 53.21  authority. 
 53.22     (c) At least 90 days before notifying a licensing authority 
 53.23  or the lawyers professional responsibility board under paragraph 
 53.24  (b), the public authority shall mail a written notice to the 
 53.25  license holder addressed to the license holder's last known 
 53.26  address that the public authority intends to seek license 
 53.27  suspension under this subdivision and that the license holder 
 53.28  must request a hearing within 30 days in order to contest the 
 53.29  suspension.  If the license holder makes a written request for a 
 53.30  hearing within 30 days of the date of the notice, either a court 
 53.31  hearing or a contested administrative proceeding must be held 
 53.32  under section 518.5511, subdivision 4.  Notwithstanding any law 
 53.33  to the contrary, the license holder must be served with 14 days' 
 53.34  notice in writing specifying the time and place of the hearing 
 53.35  and the allegations against the license holder.  The notice may 
 53.36  be served personally or by mail.  If the public authority does 
 54.1   not receive a request for a hearing within 30 days of the date 
 54.2   of the notice, and the obligor does not execute a written 
 54.3   payment agreement regarding both current support and arrearages 
 54.4   approved by the court, an administrative law judge or the public 
 54.5   authority within 90 days of the date of the notice, the public 
 54.6   authority shall direct the licensing board or other licensing 
 54.7   agency to suspend the obligor's license under paragraph (b), or 
 54.8   shall report the matter to the lawyers professional 
 54.9   responsibility board. 
 54.10     (d) The administrative law judge, on behalf of the public 
 54.11  authority, or the court shall notify the lawyers professional 
 54.12  responsibility board for appropriate action in accordance with 
 54.13  the rules of professional responsibility conduct or order the 
 54.14  licensing board or licensing agency to suspend the license if 
 54.15  the judge finds that: 
 54.16     (1) the person is licensed by a licensing board or other 
 54.17  state agency that issues an occupational license; 
 54.18     (2) the person has not made full payment of arrearages 
 54.19  found to be due by the public authority; and 
 54.20     (3) the person has not executed or is not in compliance 
 54.21  with a payment plan approved by the court, an administrative law 
 54.22  judge, or the public authority. 
 54.23     (e) Within 15 days of the date on which the obligor either 
 54.24  makes full payment of arrearages found to be due by the court or 
 54.25  public authority or executes and initiates good faith compliance 
 54.26  with a written payment plan approved by the court, an 
 54.27  administrative law judge, or the public authority, the court, an 
 54.28  administrative law judge, or the public authority responsible 
 54.29  for child support enforcement shall notify the licensing board 
 54.30  or licensing agency or the lawyers professional responsibility 
 54.31  board that the obligor is no longer ineligible for license 
 54.32  issuance, reinstatement, or renewal under this subdivision. 
 54.33     (f) In addition to the criteria established under this 
 54.34  section for the suspension of an obligor's occupational license, 
 54.35  a court, an administrative law judge, or the public authority 
 54.36  may direct the licensing board or other licensing agency to 
 55.1   suspend the license of an obligor who has failed, after 
 55.2   receiving notice, to comply with a subpoena or warrant relating 
 55.3   to a paternity or child support proceeding. 
 55.4      (g) The license of an obligor who fails to remain in 
 55.5   compliance with an approved payment agreement may be suspended.  
 55.6   Notice to the obligor of an intent to suspend under this 
 55.7   paragraph shall be served by first class mail at the obligor's 
 55.8   last known address and shall include a notice of hearing.  The 
 55.9   notice shall be served upon the obligor not less than ten days 
 55.10  before the date of the hearing.  If the obligor appears at the 
 55.11  hearing and the judge determines that the obligor has failed to 
 55.12  comply with the approved payment agreement, the judge shall 
 55.13  notify the occupational licensing board or agency to suspend the 
 55.14  obligor's license under paragraph (c).  If the obligor fails to 
 55.15  appear at the hearing, the public authority may notify the 
 55.16  occupational or licensing board to suspend the obligor's license 
 55.17  under paragraph (c). 
 55.18     Sec. 54.  Minnesota Statutes 1996, section 518.551, 
 55.19  subdivision 13, is amended to read: 
 55.20     Subd. 13.  [DRIVER'S LICENSE SUSPENSION.] (a) Upon motion 
 55.21  of an obligee, which has been properly served on the obligor and 
 55.22  upon which there has been an opportunity for hearing, if a court 
 55.23  finds that the obligor has been or may be issued a driver's 
 55.24  license by the commissioner of public safety and the obligor is 
 55.25  in arrears in court-ordered child support or maintenance 
 55.26  payments, or both, in an amount equal to or greater than three 
 55.27  times the obligor's total monthly support and maintenance 
 55.28  payments and is not in compliance with a written payment 
 55.29  agreement regarding both current support and arrearages approved 
 55.30  by the court, an administrative law judge, or the public 
 55.31  authority, the court shall order the commissioner of public 
 55.32  safety to suspend the obligor's driver's license.  The court's 
 55.33  order must be stayed for 90 days in order to allow the obligor 
 55.34  to execute a written payment agreement regarding both current 
 55.35  support and arrearages, which payment agreement must be approved 
 55.36  by either the court or the public authority responsible for 
 56.1   child support enforcement.  If the obligor has not executed or 
 56.2   is not in compliance with a written payment agreement regarding 
 56.3   both current support and arrearages after the 90 days expires, 
 56.4   the court's order becomes effective and the commissioner of 
 56.5   public safety shall suspend the obligor's driver's license.  The 
 56.6   remedy under this subdivision is in addition to any other 
 56.7   enforcement remedy available to the court.  An obligee may not 
 56.8   bring a motion under this paragraph within 12 months of a denial 
 56.9   of a previous motion under this paragraph. 
 56.10     (b) If a public authority responsible for child support 
 56.11  enforcement determines that the obligor has been or may be 
 56.12  issued a driver's license by the commissioner of public safety 
 56.13  and the obligor is in arrears in court-ordered child support or 
 56.14  maintenance payments or both in an amount equal to or greater 
 56.15  than three times the obligor's total monthly support and 
 56.16  maintenance payments and not in compliance with a written 
 56.17  payment agreement regarding both current support and arrearages 
 56.18  approved by the court, an administrative law judge, or the 
 56.19  public authority, the public authority shall direct the 
 56.20  commissioner of public safety to suspend the obligor's driver's 
 56.21  license.  The remedy under this subdivision is in addition to 
 56.22  any other enforcement remedy available to the public authority. 
 56.23     (c) At least 90 days prior to notifying the commissioner of 
 56.24  public safety pursuant according to paragraph (b), the public 
 56.25  authority must mail a written notice to the obligor at the 
 56.26  obligor's last known address, that it intends to seek suspension 
 56.27  of the obligor's driver's license and that the obligor must 
 56.28  request a hearing within 30 days in order to contest the 
 56.29  suspension.  If the obligor makes a written request for a 
 56.30  hearing within 30 days of the date of the notice, either a court 
 56.31  hearing or a contested administrative proceeding must be held 
 56.32  under section 518.5511, subdivision 4.  Notwithstanding any law 
 56.33  to the contrary, the obligor must be served with 14 days' notice 
 56.34  in writing specifying the time and place of the hearing and the 
 56.35  allegations against the obligor.  The notice may be served 
 56.36  personally or by mail.  If the public authority does not receive 
 57.1   a request for a hearing within 30 days of the date of the 
 57.2   notice, and the obligor does not execute a written payment 
 57.3   agreement regarding both current support and arrearages approved 
 57.4   by the court, an administrative law judge, or the public 
 57.5   authority within 90 days of the date of the notice, the public 
 57.6   authority shall direct the commissioner of public safety to 
 57.7   suspend the obligor's driver's license under paragraph (b). 
 57.8      (d) At a hearing requested by the obligor under paragraph 
 57.9   (c), and on finding that the obligor is in arrears in 
 57.10  court-ordered child support or maintenance payments or both in 
 57.11  an amount equal to or greater than three times the obligor's 
 57.12  total monthly support and maintenance payments, the district 
 57.13  court or the administrative law judge shall order the 
 57.14  commissioner of public safety to suspend the obligor's driver's 
 57.15  license or operating privileges unless the court or 
 57.16  administrative law judge determines that the obligor has 
 57.17  executed and is in compliance with a written payment agreement 
 57.18  regarding both current support and arrearages approved by the 
 57.19  court, an administrative law judge, or the public authority. 
 57.20     (e) An obligor whose driver's license or operating 
 57.21  privileges are suspended may provide proof to the court or the 
 57.22  public authority responsible for child support enforcement that 
 57.23  the obligor is in compliance with all written payment agreements 
 57.24  regarding both current support and arrearages.  Within 15 days 
 57.25  of the receipt of that proof, the court or public authority 
 57.26  shall inform the commissioner of public safety that the 
 57.27  obligor's driver's license or operating privileges should no 
 57.28  longer be suspended. 
 57.29     (f) On January 15, 1997, and every two years after that, 
 57.30  the commissioner of human services shall submit a report to the 
 57.31  legislature that identifies the following information relevant 
 57.32  to the implementation of this section: 
 57.33     (1) the number of child support obligors notified of an 
 57.34  intent to suspend a driver's license; 
 57.35     (2) the amount collected in payments from the child support 
 57.36  obligors notified of an intent to suspend a driver's license; 
 58.1      (3) the number of cases paid in full and payment agreements 
 58.2   executed in response to notification of an intent to suspend a 
 58.3   driver's license; 
 58.4      (4) the number of cases in which there has been 
 58.5   notification and no payments or payment agreements; 
 58.6      (5) the number of driver's licenses suspended; and 
 58.7      (6) the cost of implementation and operation of the 
 58.8   requirements of this section. 
 58.9      (g) In addition to the criteria established under this 
 58.10  section for the suspension of an obligor's driver's license, a 
 58.11  court, an administrative law judge, or the public authority may 
 58.12  direct the commissioner of public safety to suspend the license 
 58.13  of an obligor who has failed, after receiving notice, to comply 
 58.14  with a subpoena or warrant relating to a paternity or child 
 58.15  support proceeding. 
 58.16     (h) The license of an obligor who fails to remain in 
 58.17  compliance with an approved payment agreement may be suspended.  
 58.18  Notice to the obligor of an intent to suspend under this 
 58.19  paragraph shall be served by first class mail at the obligor's 
 58.20  last known address and shall include a notice of hearing.  The 
 58.21  notice shall be served upon the obligor not less than ten days 
 58.22  before the date of the hearing.  If the obligor appears at the 
 58.23  hearing and the judge determines that the obligor has failed to 
 58.24  comply with the approved payment agreement, the judge may notify 
 58.25  the department of public safety to suspend the obligor's license 
 58.26  under paragraph (c).  If the obligor fails to appear at the 
 58.27  hearing, the public authority may notify the department of 
 58.28  public safety to suspend the obligor's license. 
 58.29     Sec. 55.  Minnesota Statutes 1996, section 518.551, is 
 58.30  amended by adding a subdivision to read: 
 58.31     Subd. 13a.  [DATA ON SUSPENSIONS FOR SUPPORT 
 58.32  ARREARS.] Notwithstanding section 13.03, subdivision 4, 
 58.33  paragraph (c), data on an occupational license suspension under 
 58.34  subdivision 12 or a driver's license suspension under 
 58.35  subdivision 13 transferred by the department of human services 
 58.36  to any state, county, or municipal licensing agency shall have 
 59.1   the same classification under section 13.02 at the receiving 
 59.2   agency as other license suspension data held by the receiving 
 59.3   agency.  The transfer of the data does not affect the 
 59.4   classification of the data in the hands of the department of 
 59.5   human services. 
 59.6      Sec. 56.  Minnesota Statutes 1996, section 518.551, 
 59.7   subdivision 14, is amended to read: 
 59.8      Subd. 14.  [MOTOR VEHICLE LIEN.] (a) Upon motion of an 
 59.9   obligee, if a court finds that the obligor is the registered 
 59.10  owner of a motor vehicle and the obligor is a debtor for a 
 59.11  judgment debt resulting from nonpayment of court-ordered child 
 59.12  support or maintenance payments, or both, in an amount equal to 
 59.13  or greater than three times the obligor's total monthly support 
 59.14  and maintenance payments, irrespective of when the arrears 
 59.15  arose, the court shall order the commissioner of public safety 
 59.16  to enter a lien in the name of the obligee or in the name of the 
 59.17  state of Minnesota, as appropriate, in accordance with section 
 59.18  168A.05, subdivision 8, unless the court finds that the obligor 
 59.19  is in compliance with a written payment agreement regarding both 
 59.20  current support and arrearages approved by the court, an 
 59.21  administrative law judge, or the public authority or that the 
 59.22  obligor's interest in the motor vehicle is valued at less than 
 59.23  $4,500.  The court's order must be stayed for 90 days in order 
 59.24  to allow the obligor to either execute a written payment 
 59.25  agreement regarding both current support and arrearages, which 
 59.26  agreement shall be approved by either the court or the public 
 59.27  authority responsible for child support enforcement, or to allow 
 59.28  the obligor to demonstrate that the ownership interest in the 
 59.29  motor vehicle is valued at less than $4,500.  If the obligor has 
 59.30  not executed or is not in compliance with a written payment 
 59.31  agreement regarding both current support and arrearages approved 
 59.32  by the court, an administrative law judge, or the public 
 59.33  authority or has not demonstrated that the ownership interest in 
 59.34  the motor vehicle is valued at less than $4,500 within the 
 59.35  90-day period, the court's order becomes effective and the 
 59.36  commissioner of public safety shall record the lien.  The remedy 
 60.1   under this subdivision is in addition to any other enforcement 
 60.2   remedy available to the court. 
 60.3      (b) If a public authority responsible for child support 
 60.4   enforcement determines that the obligor is the registered owner 
 60.5   of a motor vehicle and the obligor is a debtor for judgment debt 
 60.6   resulting from nonpayment of court-ordered child support or 
 60.7   maintenance payments, or both, in an amount equal to or greater 
 60.8   than three times the obligor's total monthly support and 
 60.9   maintenance payments, irrespective of when the arrears arose, 
 60.10  the public authority shall direct the commissioner of public 
 60.11  safety to enter a lien in the name of the obligee or in the name 
 60.12  of the state of Minnesota, as appropriate, under section 
 60.13  168A.05, subdivision 8, unless the public authority determines 
 60.14  that the obligor is in compliance with a written payment 
 60.15  agreement regarding both current support and arrearages approved 
 60.16  by the court, an administrative law judge, or the public 
 60.17  authority or that the obligor's ownership interest in the motor 
 60.18  vehicle is valued at less than $4,500.  The remedy under this 
 60.19  subdivision is in addition to any other enforcement remedy 
 60.20  available to the public agency. 
 60.21     (c) At least 90 days prior to notifying the commissioner of 
 60.22  public safety pursuant to paragraph (b), the public authority 
 60.23  must mail a written notice to the obligor at the obligor's last 
 60.24  known address, that it intends to record a lien on the obligor's 
 60.25  motor vehicle certificate of title and that the obligor must 
 60.26  request a hearing within 30 days in order to contest the 
 60.27  action.  If the obligor makes a written request for a hearing 
 60.28  within 30 days of the date of the notice, either a court hearing 
 60.29  or a contested administrative proceeding must be held under 
 60.30  section 518.5511, subdivision 4.  Notwithstanding any law to the 
 60.31  contrary, the obligor must be served with 14 days' notice in 
 60.32  writing specifying the time and place of the hearing and the 
 60.33  allegations against the obligor.  The notice may be served 
 60.34  personally or by mail.  If the public authority does not receive 
 60.35  a request for a hearing within 30 days of the date of the notice 
 60.36  and the obligor does not execute or is not in compliance with a 
 61.1   written payment agreement regarding both current support and 
 61.2   arrearages approved by the court, an administrative law judge, 
 61.3   or the public authority or demonstrate to the public authority 
 61.4   that the obligor's ownership interest in the motor vehicle is 
 61.5   valued at less than $4,500 within 90 days of the date of the 
 61.6   notice, the public authority shall direct the commissioner of 
 61.7   public safety to record the lien under paragraph (b). 
 61.8      (d) At a hearing requested by the obligor under paragraph 
 61.9   (c), and on finding that the obligor is in arrears in 
 61.10  court-ordered child support or maintenance payments or both in 
 61.11  an amount equal to or greater than three times the obligor's 
 61.12  total monthly support and maintenance payments, the district 
 61.13  court or the administrative law judge shall order the 
 61.14  commissioner of public safety to record the lien unless the 
 61.15  court or administrative law judge determines that: 
 61.16     (1) the obligor has executed and is in compliance with a 
 61.17  written payment agreement regarding both current support and 
 61.18  arrearages determined to be acceptable by the court, an 
 61.19  administrative law judge, or the public authority; or 
 61.20     (2) the obligor has demonstrated that the ownership 
 61.21  interest in the motor vehicle is valued at less than $4,500. 
 61.22     (e) An obligor who has had a lien recorded against a motor 
 61.23  vehicle certificate of title may provide proof to the court or 
 61.24  the public authority responsible for child support enforcement 
 61.25  that the obligor is in compliance with all written payment 
 61.26  agreements regarding both current support and arrearages.  
 61.27  Within 15 days of the receipt of that proof, the court or public 
 61.28  authority shall execute a release of security interest under 
 61.29  section 168A.20, subdivision 4, and mail or deliver the release 
 61.30  to the owner or other authorized person.  The dollar amounts in 
 61.31  this section shall change periodically in the manner provided in 
 61.32  section 550.37, subdivision 4a. 
 61.33     (f) This enforcement mechanism is available retroactively 
 61.34  for the enforcement and collection of arrears consisting of 
 61.35  unpaid child support and spousal maintenance irrespective of the 
 61.36  date those arrears arose and is applicable in all cases whether 
 62.1   or not the children to whom support is owed have reached the age 
 62.2   of majority. 
 62.3      Sec. 57.  Minnesota Statutes 1996, section 518.5511, 
 62.4   subdivision 1, is amended to read: 
 62.5      Subdivision 1.  [GENERAL.] (a) An administrative process is 
 62.6   established to obtain, modify, and enforce child and medical 
 62.7   support orders and parentage orders and modify enforce 
 62.8   maintenance if combined with a child support proceeding.  All 
 62.9   laws governing these actions apply insofar as they are not 
 62.10  inconsistent with the provisions of this section and section 
 62.11  518.5512.  Wherever other laws or rules are inconsistent with 
 62.12  this section and section 518.5512, the provisions in this 
 62.13  section and section 518.5512 shall apply. 
 62.14     (b) All proceedings for obtaining, modifying, or enforcing 
 62.15  child and medical support orders and modifying enforcing 
 62.16  maintenance orders if combined with a child support proceeding, 
 62.17  are required to be conducted in the administrative process when 
 62.18  the public authority is a party or provides services to a party 
 62.19  or parties to the proceedings.  Cases in which there is no 
 62.20  assignment of support or in which the public authority is not 
 62.21  providing services shall not be conducted in the administrative 
 62.22  process.  At county option, the administrative process may 
 62.23  include contempt motions or actions to establish parentage.  
 62.24  Nothing contained herein shall prevent a party, upon timely 
 62.25  notice to the public authority, from commencing an action or 
 62.26  bringing a motion for the establishment, modification, or 
 62.27  enforcement of child support or modification enforcement of 
 62.28  maintenance orders if combined with a child support proceeding 
 62.29  in district court, if additional issues involving domestic 
 62.30  abuse, establishment or modification of custody or visitation, 
 62.31  property issues, or other issues outside the jurisdiction of the 
 62.32  administrative process, are part of the motion or action, or 
 62.33  from proceeding with a motion or action brought by another party 
 62.34  containing one or more of these issues if it is pending in 
 62.35  district court. 
 62.36     (c) A party may make a written request to the public 
 63.1   authority to initiate an uncontested administrative proceeding.  
 63.2   If the public authority denies the request, the public authority 
 63.3   shall issue a summary notice which denies the request for relief 
 63.4   within 30 days of receiving the written request, states the 
 63.5   reasons for the denial, and notifies the party of the right to 
 63.6   commence an action for relief proceed directly to a contested 
 63.7   administrative proceeding under subdivision 3a.  If the party 
 63.8   commences an action or serves and files a motion within 30 days 
 63.9   after the public authority's denial and the party's action 
 63.10  results in a modification of a child support order, the 
 63.11  modification may be retroactive to the date the written request 
 63.12  was received by the public authority. 
 63.13     (d) After August 1, 1994, all counties shall participate in 
 63.14  the administrative process established in this section in 
 63.15  accordance with a statewide implementation plan to be set forth 
 63.16  by the commissioner of human services.  No county shall be 
 63.17  required to participate in the administrative process until 
 63.18  after the county has been trained.  The implementation plan 
 63.19  shall include provisions for training the counties by region no 
 63.20  later than July 1, 1995.  The public authority may initiate 
 63.21  actions in the administrative process.  
 63.22     (e) For the purpose of the administrative process, all 
 63.23  powers, duties, and responsibilities conferred on judges of 
 63.24  district court to obtain and enforce child and medical support 
 63.25  and parentage and maintenance obligations, subject to the 
 63.26  limitations of this section are conferred on administrative law 
 63.27  judges, including the power to determine controlling interstate 
 63.28  orders, and to issue subpoenas, orders to show cause, and bench 
 63.29  warrants for failure to appear. 
 63.30     The administrative law judge has the authority to enter 
 63.31  parentage orders in which the custody and visitation provisions 
 63.32  are uncontested. 
 63.33     (f) Nonattorney employees of the public authority 
 63.34  responsible for child support may prepare, sign, serve, and file 
 63.35  complaints, motions, notices, summary notices, proposed orders, 
 63.36  default orders, consent orders, orders for blood or genetic 
 64.1   tests, and other documents related to the administrative process 
 64.2   for obtaining, modifying, or enforcing child and medical support 
 64.3   orders, orders establishing paternity, and related documents, 
 64.4   and orders to modify maintenance if combined with a child 
 64.5   support order.  The nonattorney employee may issue 
 64.6   administrative subpoenas, conduct prehearing conferences, and 
 64.7   participate in proceedings before an administrative law judge.  
 64.8   This activity shall not be considered to be the unauthorized 
 64.9   practice of law.  Nonattorney employees may not represent the 
 64.10  interests of any party other than the public authority, and may 
 64.11  not give legal advice.  The nonattorney employees may act 
 64.12  subject to the limitations of section 518.5512. 
 64.13     (g) After the commencement of the administrative process, 
 64.14  any party may make a written request to the office of 
 64.15  administrative hearings for a subpoena compelling the attendance 
 64.16  of a witness or the production of books, papers, records, or 
 64.17  other documents relevant to the administrative process.  
 64.18  Subpoenas shall be enforceable through the district court.  The 
 64.19  public authority may also request a subpoena from the office of 
 64.20  administrative hearings for the production of a witness or 
 64.21  documents.  The nonattorney employee of the public authority may 
 64.22  issue subpoenas subject to the limitations in section 518.5512, 
 64.23  subdivision 6, paragraph (a), clause (2).  
 64.24     (h) At all stages of the administrative process, the county 
 64.25  attorney or other attorney under contract shall act as the legal 
 64.26  adviser for the public authority but shall not play an active 
 64.27  role in the review of information, the preparation of default 
 64.28  and consent orders, and the contested administrative proceedings 
 64.29  unless the nonattorney employee of the public authority requests 
 64.30  the appearance of the county attorney.  
 64.31     (i) The commissioner of human services shall:  
 64.32     (1) provide training to child support officers and other 
 64.33  persons involved in the administrative process; 
 64.34     (2) timely prepare simple and easy to understand forms for 
 64.35  all notices and orders prescribed in this section, including a 
 64.36  support order worksheet form, with the exception of orders 
 65.1   issued by the district court or the office of administrative 
 65.2   hearings under subdivision 4; and 
 65.3      (3) distribute money to cover the costs of the 
 65.4   administrative process, including the salaries of administrative 
 65.5   law judges.  If available appropriations are insufficient to 
 65.6   cover the costs, the commissioner shall prorate the amount among 
 65.7   the counties. 
 65.8      (j) The commissioner of human services, in consultation 
 65.9   with the office of administrative hearings, shall be responsible 
 65.10  for the supervision of the administrative process.  
 65.11     (k) The public authority, the office of administrative 
 65.12  hearings, court administrators, and other entities involved in 
 65.13  the administrative process shall use the forms prepared by the 
 65.14  commissioner.  
 65.15     (l) The office of administrative hearings may reject orders 
 65.16  which have not been prepared using the commissioner's forms or 
 65.17  on forms which have not been approved by the commissioner. 
 65.18     (m) The office of administrative hearings shall be 
 65.19  responsible for training and monitoring the performance of 
 65.20  administrative law judges, maintaining records of proceedings, 
 65.21  providing transcripts upon request, and maintaining the 
 65.22  integrity of the district court file.  
 65.23     Sec. 58.  Minnesota Statutes 1996, section 518.5511, 
 65.24  subdivision 2, is amended to read: 
 65.25     Subd. 2.  [UNCONTESTED ADMINISTRATIVE PROCEEDING.] (a) A 
 65.26  party may petition the chief administrative law judge, the chief 
 65.27  district court judge, or the chief family court referee to 
 65.28  proceed immediately to a contested hearing upon good cause shown.
 65.29     (b) The public authority shall give the parties written 
 65.30  notice requesting the submission of information necessary for 
 65.31  the public authority to prepare a proposed order.  The written 
 65.32  notice shall be sent by first class mail to the parties' last 
 65.33  known addresses.  The written notice shall describe the 
 65.34  information requested, state the purpose of the request, state 
 65.35  the date by which the information must be postmarked or received 
 65.36  (which shall be at least 30 days from the date of the mailing of 
 66.1   the written notice), state that if the information is not 
 66.2   postmarked or received by that date, the public authority will 
 66.3   prepare a proposed order on the basis of the information 
 66.4   available, and identify the type of information which will be 
 66.5   considered.  
 66.6      (c) Following the submission of information or following 
 66.7   the date when the information was due the initiation of the 
 66.8   administrative process under subdivision 1, paragraph (c) or 
 66.9   (d), the public authority shall, on the basis of all information 
 66.10  available, complete and sign a proposed order and notice.  The 
 66.11  public authority shall attach a support order worksheet.  In 
 66.12  preparing the proposed order, the public authority will 
 66.13  establish child support in the highest amount permitted under 
 66.14  section 518.551, subdivision 5.  The proposed order shall 
 66.15  include written findings in accordance with section 518.551, 
 66.16  subdivision 5, clauses (i) and (j).  If the public authority has 
 66.17  incomplete or insufficient information upon which to prepare a 
 66.18  proposed order, the public authority shall use the default 
 66.19  standard established in section 518.503, subdivision 5, to 
 66.20  prepare the proposed order.  The notice shall state that the 
 66.21  proposed order will be entered as a final and binding default 
 66.22  order unless one of the parties requests a conference under 
 66.23  subdivision 3 contacts the public authority regarding the 
 66.24  proposed order within 21 30 days following the date of service 
 66.25  of the proposed order.  The method for requesting the conference 
 66.26  shall be stated in the notice.  The notice and proposed order 
 66.27  shall be served under the rules of civil procedure on the 
 66.28  noninitiating party and by first class mail on the initiating 
 66.29  party.  If the action was initiated by the public authority, the 
 66.30  notice and proposed order shall be served under the rules of 
 66.31  civil procedure.  After receipt of the notice and proposed 
 66.32  order, the court administrator shall file the documents. 
 66.33     For the purposes of the contested hearing administrative 
 66.34  process, and notwithstanding any law or rule to the contrary, 
 66.35  the service of the proposed order pursuant to under this 
 66.36  paragraph shall be deemed to have commenced a proceeding and the 
 67.1   judge, including an administrative law judge or a referee, shall 
 67.2   have jurisdiction over the a contested hearing administrative 
 67.3   proceeding.  
 67.4      (d) (b) If a conference under subdivision 3 is not 
 67.5   requested the public authority is not contacted by a party 
 67.6   within 21 30 days after the date of service of the proposed 
 67.7   order, the public authority may submit the proposed order as the 
 67.8   default order.  The default order becomes enforceable upon 
 67.9   signature by an administrative law judge, district court judge, 
 67.10  or referee.  The public authority may also prepare and serve a 
 67.11  new notice and proposed order if new information is subsequently 
 67.12  obtained.  The default order shall be a final order, and shall 
 67.13  be served under the rules of civil procedure. 
 67.14     (c) If the public authority obtains new information after 
 67.15  service of the proposed order, the public authority may prepare 
 67.16  one notice and revised proposed order.  The revised order shall 
 67.17  be served by first class mail on the parties.  If the public 
 67.18  authority is not contacted within seven days after the date of 
 67.19  service of the revised order, the public authority may submit 
 67.20  the revised order as a default order. 
 67.21     (e) (d) The public authority shall file in the district 
 67.22  court copies of all notices served on the parties, proof of 
 67.23  service, the support order worksheet, and all orders.  
 67.24     Sec. 59.  Minnesota Statutes 1996, section 518.5511, 
 67.25  subdivision 3, is amended to read: 
 67.26     Subd. 3.  [ADMINISTRATIVE CONFERENCE.] (a) If a party 
 67.27  requests a conference contacts the public authority within 21 30 
 67.28  days of the date of service of the proposed order, and the 
 67.29  public authority does not choose to proceed directly to a 
 67.30  contested administrative proceeding, the public authority shall 
 67.31  schedule a conference, and shall serve written notice of the 
 67.32  date, time, and place of the conference and the date, time, and 
 67.33  place of a contested administrative proceeding in the event the 
 67.34  administrative conference fails to resolve all of the issues on 
 67.35  the parties.  The public authority may request any additional 
 67.36  information necessary to establish child support.  The public 
 68.1   authority may choose to go directly to a contested 
 68.2   administrative proceeding and is not required to conduct an 
 68.3   administrative conference.  The date of the contested 
 68.4   administrative proceeding shall be set within 31 days of the 
 68.5   administrative conference or not more than 60 days from the date 
 68.6   of the notice of the administrative conference.  A request for a 
 68.7   continuance shall be made to the chief administrative law judge 
 68.8   according to Minnesota Rules, part 1400.7500. 
 68.9      (b) The purpose of the conference is to review all 
 68.10  available information and seek an agreement to enter a consent 
 68.11  order.  The notice shall state the purpose of the conference, 
 68.12  and that the proposed order will be entered as a final and 
 68.13  binding default order if the requesting party fails both parties 
 68.14  fail to appear at the conference.  The notice shall also state 
 68.15  that if only one party appears at the conference and there is no 
 68.16  new information provided, the matter shall proceed by default.  
 68.17  The notice shall be served on the parties by first class mail at 
 68.18  their last known addresses, and the method of service shall be 
 68.19  documented in the public authority file.  All available and 
 68.20  relevant information shall be shared with the parties at the 
 68.21  conference subject to the limitations of sections 256.87, 
 68.22  subdivision 8, 257.70, and 518.005, subdivision 5.  If a 
 68.23  conference is not held, information which would have been shared 
 68.24  at the conference by the public authority shall be provided to a 
 68.25  party or the party's attorney within 15 days of receipt of a 
 68.26  written request. 
 68.27     (c) A party alleging domestic abuse by the other party 
 68.28  shall not be required to participate in a conference.  In such a 
 68.29  case, the public authority shall meet separately with the 
 68.30  parties in order to determine whether an agreement can be 
 68.31  reached. 
 68.32     (d) If all parties appear at the conference and agree to 
 68.33  all issues, and the public authority approves the agreement, the 
 68.34  public authority shall prepare a consent order which the parties 
 68.35  and the public authority sign.  The public authority shall 
 68.36  submit the consent order to the administrative law judge or 
 69.1   district court judge for signature.  Upon signature, the order 
 69.2   shall be a final order and shall be served on the parties by 
 69.3   first class mail.  
 69.4      (d) If the party requesting the conference does not appear 
 69.5   and fails to provide a written excuse (with supporting 
 69.6   documentation if relevant) to the public authority within seven 
 69.7   days after the date of the conference which constitutes good 
 69.8   cause (e) If only one party appears at the conference and there 
 69.9   is no new information available, or if both of the parties fail 
 69.10  to appear at the conference, the public authority may enter 
 69.11  submit a default order through the uncontested administrative 
 69.12  process.  The public authority shall not enter the default order 
 69.13  until at least seven days after the date of the conference.  
 69.14     For purposes of this section, misrepresentation, excusable 
 69.15  neglect, or circumstances beyond the control of the person who 
 69.16  requested the conference which prevented the person's appearance 
 69.17  at the conference constitutes good cause for failure to appear.  
 69.18  If the public authority finds good cause, the conference shall 
 69.19  be rescheduled by the public authority and the public authority 
 69.20  shall send notice as required under this subdivision. If only 
 69.21  one party appears at the conference and there is new information 
 69.22  available, the matter shall proceed directly to the scheduled 
 69.23  contested administrative proceeding.  
 69.24     (e) (f) If the parties appear at the conference, the public 
 69.25  authority shall seek and do not reach agreement of the parties 
 69.26  to the entry of a consent order which establishes child support 
 69.27  in accordance with applicable law., the public authority shall 
 69.28  advise the parties that if a consent order is not entered, the 
 69.29  matter will be remains scheduled for a hearing before an 
 69.30  administrative law judge, or a district court judge or 
 69.31  referee contested administrative proceeding, and that the public 
 69.32  authority will seek the establishment of child support at 
 69.33  the hearing proceeding in accordance with the highest amount 
 69.34  permitted under section sections 518.551, subdivision 5.  If an 
 69.35  agreement to enter the consent order is not reached at the 
 69.36  conference, the public authority shall schedule the matter for a 
 70.1   contested hearing, and 518.5512, subdivision 5. 
 70.2      (f) If an agreement is reached by the parties at the 
 70.3   conference, a consent order shall be prepared by the public 
 70.4   authority, and shall be signed by the parties.  All consent and 
 70.5   default orders shall be signed by the nonattorney employee of 
 70.6   the public authority and shall be submitted to an administrative 
 70.7   law judge or the district court for approval and signature.  The 
 70.8   order is enforceable upon the signature by the administrative 
 70.9   law judge or the district court.  The consent order shall be 
 70.10  served on the parties under the rules of civil procedure. 
 70.11     Sec. 60.  Minnesota Statutes 1996, section 518.5511, is 
 70.12  amended by adding a subdivision to read: 
 70.13     Subd. 3a.  [ALTERNATIVE ADMINISTRATIVE RESOLUTIONS.] (a)(1) 
 70.14  Any party may proceed directly to a contested administrative 
 70.15  proceeding under subdivision 4 by making a written request to 
 70.16  the public authority.  After receiving a written request, the 
 70.17  public authority shall schedule a contested administrative 
 70.18  proceeding and inform the requestor of the date, time, and place 
 70.19  of the hearing.  The public authority shall also provide the 
 70.20  requestor with the contested administrative documents necessary 
 70.21  for the proceeding.  These documents must be completed by the 
 70.22  requestor, served on the other party and the public authority, 
 70.23  and filed with the court administrator at least 21 days before 
 70.24  the hearing.  If the documents are not filed with the court 
 70.25  administrator, the contested administrative proceeding shall be 
 70.26  canceled.  
 70.27     (2) The public authority may also proceed directly to a 
 70.28  contested administrative proceeding.  
 70.29     (b) At any time in the administrative process, including 
 70.30  prior to the issuance of the proposed order, if the parties and 
 70.31  the public authority are in agreement, the public authority 
 70.32  shall prepare a consent order to be signed by the public 
 70.33  authority and the parties.  The parties shall waive any of their 
 70.34  rights to the notices and time frames required by this section.  
 70.35  The public authority shall submit the order to the 
 70.36  administrative law judge or district court judge for signature.  
 71.1   Upon signature by the court, the order shall be a final order, 
 71.2   shall be filed with the court administrator, and shall be served 
 71.3   by first class mail on the parties. 
 71.4      Sec. 61.  Minnesota Statutes 1996, section 518.5511, 
 71.5   subdivision 4, is amended to read: 
 71.6      Subd. 4.  [CONTESTED ADMINISTRATIVE PROCEEDING.] (a) All 
 71.7   counties shall participate in the contested administrative 
 71.8   process established in this section as designated in a statewide 
 71.9   implementation plan to be set forth by the commissioner of human 
 71.10  services.  No county shall be required to participate in the 
 71.11  contested administrative process until after the county has been 
 71.12  trained.  The contested administrative process shall be in 
 71.13  operation in all counties no later than July 1, 1998, with the 
 71.14  exception of Hennepin county which shall have a pilot program in 
 71.15  operation no later than July 1, 1996.  
 71.16     The Hennepin county pilot program shall be jointly planned, 
 71.17  implemented, and evaluated by the department of human services, 
 71.18  the office of administrative hearings, the fourth judicial 
 71.19  district court, and Hennepin county.  The pilot program shall 
 71.20  provide that one-half of the case load use the contested 
 71.21  administrative process.  The pilot program shall include an 
 71.22  evaluation which shall be conducted after one year of program 
 71.23  operation.  A preliminary evaluation report shall be submitted 
 71.24  by the commissioner to the legislature by March 1, 1997.  A 
 71.25  final evaluation report shall be submitted by the commissioner 
 71.26  to the legislature by January 15, 1998.  The pilot program shall 
 71.27  continue pending final decision by the legislature, or until the 
 71.28  commissioner determines that the pilot program shall discontinue 
 71.29  and that Hennepin county shall not participate in the contested 
 71.30  administrative process. 
 71.31     In counties designated by the commissioner, contested 
 71.32  hearings administrative proceedings required under this section 
 71.33  shall be scheduled before administrative law judges, and shall 
 71.34  be conducted in accordance with the provisions under this 
 71.35  section.  In counties not designated by the commissioner, 
 71.36  contested hearings administrative proceedings shall be conducted 
 72.1   in district court in accordance with the rules of civil 
 72.2   procedure and the rules of family court.  The district court 
 72.3   shall not conduct administrative proceedings in counties 
 72.4   designated by the commissioner.  
 72.5      (b) An administrative law judge may conduct hearings 
 72.6   administrative proceedings and approve a stipulation reached on 
 72.7   a contempt motion brought by the public authority.  Any 
 72.8   stipulation that involves a finding of contempt and a jail 
 72.9   sentence, whether stayed or imposed, shall require the review 
 72.10  and signature of a district court judge. 
 72.11     (c) A party, witness, or attorney may appear or testify by 
 72.12  telephone, audiovisual means, or other electronic means, at the 
 72.13  discretion of the administrative law judge. 
 72.14     (d) Before implementing the process in a county, the chief 
 72.15  administrative law judge, the commissioner of human services, 
 72.16  the director of the county human services agency, the county 
 72.17  attorney, the county court administrator, and the county sheriff 
 72.18  shall jointly establish procedures, and the county shall provide 
 72.19  hearing facilities for implementing this process in the county.  
 72.20  A contested administrative hearing proceeding shall be conducted 
 72.21  in a courtroom, if one is available, or a conference or meeting 
 72.22  room with at least two exits and of sufficient size to permit 
 72.23  adequate physical separation of the parties.  The court 
 72.24  administrator shall, to the extent practical, provide 
 72.25  administrative support for the contested hearing administrative 
 72.26  proceeding.  Security personnel shall either be present during 
 72.27  the administrative hearings proceedings, or be available to 
 72.28  respond to a request for emergency assistance.  
 72.29     (e) The contested administrative hearings shall be 
 72.30  conducted under the rules of the office of administrative 
 72.31  hearings, Minnesota Rules, parts 1400.5275, 1400.5500, 1400.6000 
 72.32  to 1400.6400, 1400.6600 to 1400.7000, 1400.7100 to 1400.7500, 
 72.33  1400.7700, 1400.7800, and 1400.8100, as adopted by the chief 
 72.34  administrative law judge.  For matters not initiated under 
 72.35  subdivision 2, documents from the moving party shall be served 
 72.36  and filed at least 21 14 days prior to the hearing and the 
 73.1   opposing party shall serve and file documents raising new issues 
 73.2   at least ten days prior to the hearing.  In all contested 
 73.3   administrative proceedings, the administrative law judge may 
 73.4   limit the extent and timing of discovery.  Except as provided 
 73.5   under this section, other aspects of the case, including, but 
 73.6   not limited to, discovery, shall be conducted under the rules of 
 73.7   family court, the rules of civil procedure, and chapter 518.  
 73.8      (f) Pursuant According to a contested administrative 
 73.9   hearing, the administrative law judge shall make findings of 
 73.10  fact, conclusions, and a final decision and issue an order.  
 73.11  Orders issued by an administrative law judge may be enforceable 
 73.12  by the contempt powers of the district courts.  
 73.13     (g) At the time the matter is scheduled for a contested 
 73.14  hearing administrative proceeding, the public authority shall 
 73.15  file in the district court copies of all relevant documents sent 
 73.16  to or received from the parties, in addition to the any 
 73.17  documents filed under subdivision 2, paragraph (e) (d).  These 
 73.18  documents may be used as evidence by the judge in deciding the 
 73.19  case without need for further foundation testimony.  For matters 
 73.20  scheduled for a contested hearing administrative proceeding 
 73.21  which were not initiated under subdivision 2, the public 
 73.22  authority shall obtain any income information available to the 
 73.23  public authority through the department of economic security and 
 73.24  serve this information on all parties and file the information 
 73.25  with the court at least five days prior to the hearing. 
 73.26     (h) When only one party appears at the contested 
 73.27  administrative proceeding, a hearing shall be conducted.  The 
 73.28  administrative law judge or district court judge shall prepare 
 73.29  an order and file it with the district court.  The court shall 
 73.30  serve the order on the parties by first class mail at the last 
 73.31  known address and shall provide a copy of the order to the 
 73.32  public authority. 
 73.33     (i) If neither party appears at the contested 
 73.34  administrative proceeding and no new information has been 
 73.35  submitted or made available to the court or public authority, 
 73.36  the public authority shall submit the default order to the 
 74.1   administrative law judge, district court judge, or referee for 
 74.2   signature.  If neither party appears and new information is 
 74.3   available to the court or public authority, the administrative 
 74.4   law judge or district court judge shall prepare an order based 
 74.5   on the new information.  The court shall serve the order on the 
 74.6   parties by first class mail at the last known address and shall 
 74.7   provide a copy of the order to the public authority. 
 74.8      (j) The decision and order of the administrative law judge 
 74.9   is appealable to the court of appeals in the same manner as a 
 74.10  decision of the district court.  
 74.11     Sec. 62.  Minnesota Statutes 1996, section 518.5512, 
 74.12  subdivision 2, is amended to read: 
 74.13     Subd. 2.  [PATERNITY.] (a) After service of the notice and 
 74.14  proposed order, a nonattorney employee of the public authority 
 74.15  may request an administrative law judge or the district court to 
 74.16  order the child, mother, or alleged father to submit to blood or 
 74.17  genetic tests.  The order is effective when signed by an 
 74.18  administrative law judge or the district court. The order of the 
 74.19  public authority shall be effective unless, within 20 days of 
 74.20  the date of the order, the child, mother, or alleged father 
 74.21  requests a contested administrative proceeding under section 
 74.22  518.5511, subdivision 3a.  If a contested administrative 
 74.23  proceeding is requested and held, any order issued by an 
 74.24  administrative law judge shall supersede the order issued by the 
 74.25  public authority.  In all other cases, the order of the public 
 74.26  authority is controlling.  Failure to comply with the order for 
 74.27  blood or genetic tests may result in a default determination of 
 74.28  parentage.  
 74.29     (b) If parentage is contested at the administrative hearing 
 74.30  proceeding, the administrative law judge may order temporary 
 74.31  child support under section 257.62, subdivision 5, and shall 
 74.32  refer the case to the district court.  The district court shall 
 74.33  have the authority to decide the case based on the 
 74.34  administrative process documents and shall not require the 
 74.35  issuance of any alternate pleadings. 
 74.36     (c) The district court may appoint counsel for an indigent 
 75.1   alleged father only after the return of the blood or genetic 
 75.2   test results from the testing laboratory. 
 75.3      Sec. 63.  Minnesota Statutes 1996, section 518.5512, 
 75.4   subdivision 3, is amended to read: 
 75.5      Subd. 3.  [COST-OF-LIVING ADJUSTMENT.] The notice of 
 75.6   application for adjustment shall be treated as a proposed order 
 75.7   under section 518.5511, subdivision 2, paragraph (c).  The 
 75.8   public authority shall serve notice of its application for a 
 75.9   cost-of-living adjustment on the obligor in accordance with 
 75.10  section 518.641.  The public authority shall stay the adjustment 
 75.11  of support upon receipt by the public authority of a request for 
 75.12  an administrative conference by the obligor to proceed directly 
 75.13  to a contested administrative proceeding under section 518.5511, 
 75.14  subdivision 4.  An obligor requesting an administrative 
 75.15  conference shall provide all relevant information that 
 75.16  establishes an insufficient increase in income to justify the 
 75.17  adjustment of the support obligation.  If the obligor fails to 
 75.18  submit any evidence at the administrative conference, the 
 75.19  cost-of-living adjustment will immediately go into effect. 
 75.20     Sec. 64.  Minnesota Statutes 1996, section 518.5512, is 
 75.21  amended by adding a subdivision to read: 
 75.22     Subd. 3a.  [FORM.] The public authority shall prepare and 
 75.23  make available to the court and obligors a form, to be submitted 
 75.24  to the public authority by the obligor, to request to proceed 
 75.25  directly to a contested administrative proceeding regarding a 
 75.26  cost-of-living adjustment.  
 75.27     Sec. 65.  Minnesota Statutes 1996, section 518.5512, is 
 75.28  amended by adding a subdivision to read: 
 75.29     Subd. 6.  [ADMINISTRATIVE AUTHORITY.] (a) In each case in 
 75.30  which support rights are assigned under section 256.741, 
 75.31  subdivision 1, or where the public authority is providing 
 75.32  services under an application for child support services, a 
 75.33  nonattorney employee of the public authority may, without 
 75.34  requirement of a court order: 
 75.35     (1) recognize and enforce orders of child support agencies 
 75.36  of other states; 
 76.1      (2) compel by subpoena the production of all papers, books, 
 76.2   records, documents, or other evidentiary material needed to 
 76.3   establish a parentage or child support order or to modify or 
 76.4   enforce a child support order; 
 76.5      (3) change the payee to the appropriate person, 
 76.6   organization, or agency authorized to receive or collect child 
 76.7   support or any other person or agency designated as the 
 76.8   caretaker of the child by agreement of the legal custodian or by 
 76.9   court order; 
 76.10     (4) order income withholding of child support under section 
 76.11  518.611; 
 76.12     (5) secure assets to satisfy the debt or arrearage in cases 
 76.13  in which there is a support debt or arrearage by: 
 76.14     (i) intercepting or seizing periodic or lump sum payments 
 76.15  from state or local agencies, including reemployment insurance, 
 76.16  workers' compensation payments, judgments, settlements, and 
 76.17  lotteries; 
 76.18     (ii) attaching and seizing assets of the obligor held in 
 76.19  financial institutions or public or private retirement funds; 
 76.20  and 
 76.21     (iii) imposing liens and, in appropriate cases, forcing the 
 76.22  sale of property and the distribution of proceeds; and 
 76.23     (6) increase the amount of the monthly support payments to 
 76.24  include amounts for debts or arrearages for the purpose of 
 76.25  securing overdue support.  
 76.26     (b) Subpoenas may be served anywhere within the state and 
 76.27  served outside the state in the same manner as prescribed by law 
 76.28  for service of process of subpoenas issued by the district court 
 76.29  of this state.  When a subpoena under this subdivision is served 
 76.30  on a third-party recordkeeper, written notice of the subpoena 
 76.31  shall be mailed to the person who is the subject of the 
 76.32  subpoenaed material at the person's last known address within 
 76.33  three days of the day the subpoena is served.  This notice 
 76.34  provision does not apply if there is reasonable cause to believe 
 76.35  the giving of the notice may lead to interference with the 
 76.36  production of the subpoenaed documents. 
 77.1      (c) A person served with a subpoena may make a written 
 77.2   objection to the public authority or court before the time 
 77.3   specified in the subpoena for compliance.  The public authority 
 77.4   or the court shall cancel or modify the subpoena, if 
 77.5   appropriate.  The public authority shall pay the reasonable 
 77.6   costs of producing the documents, if requested. 
 77.7      (d) Subpoenas shall be enforceable in the same manner as 
 77.8   subpoenas of the district court, in proceedings initiated by 
 77.9   complaint of the public authority in the district court. 
 77.10     Sec. 66.  Minnesota Statutes 1996, section 518.5512, is 
 77.11  amended by adding a subdivision to read: 
 77.12     Subd. 7.  [CONTROLLING ORDER DETERMINATION.] The public 
 77.13  authority or a party may request the office of administrative 
 77.14  hearings to determine a controlling order according to section 
 77.15  518C.207, paragraph (c). 
 77.16     Sec. 67.  Minnesota Statutes 1996, section 518.553, is 
 77.17  amended to read: 
 77.18     518.553 [PAYMENT AGREEMENTS.] 
 77.19     In proposing or approving proposed written payment 
 77.20  agreements for purposes of section 518.551, the court, an 
 77.21  administrative law judge, or the public authority shall take 
 77.22  into consideration the amount of the arrearages, the amount of 
 77.23  the current support order, any pending request for modification, 
 77.24  and the earnings of the obligor.  The court, administrative law 
 77.25  judge, or public authority shall consider the individual 
 77.26  financial circumstances of each obligor in evaluating the 
 77.27  obligor's ability to pay any proposed payment agreement and 
 77.28  shall propose a reasonable payment agreement tailored to the 
 77.29  individual financial circumstances of each obligor. 
 77.30     Sec. 68.  Minnesota Statutes 1996, section 518.575, is 
 77.31  amended to read: 
 77.32     518.575 [PUBLICATION OF NAMES OF DELINQUENT CHILD SUPPORT 
 77.33  OBLIGORS MOST WANTED LIST.] 
 77.34     Subdivision 1.  [PUBLICATION OF NAMES.] Twice each year, 
 77.35  the attorney general, in consultation with the commissioner of 
 77.36  human services, shall publish a list of the names and, 
 78.1   photographs, and other identifying information, including last 
 78.2   known addresses of each person who (1) is a child support 
 78.3   obligor, (2) is at least $3,000 in arrears, and (3) is at least 
 78.4   ten individuals who meet the following criteria:  
 78.5      (1) owe the largest amounts of unpaid child support; 
 78.6      (2) are not in compliance with a written payment agreement 
 78.7   regarding both current support and arrearages approved by the 
 78.8   court, an administrative law judge, or the public authority; and 
 78.9      (3) cannot currently be located by the public authority for 
 78.10  the purposes of enforcing a child support order. 
 78.11  The commissioner of human services attorney general shall 
 78.12  publish the name of each obligor in the newspaper or newspapers 
 78.13  of widest circulation in the area where the obligor is most 
 78.14  likely to be residing.  For each publication, the commissioner 
 78.15  shall release the list of all names being published not earlier 
 78.16  than the first day on which names appear in any newspaper.  An 
 78.17  obligor's name may not be published if the obligor claims in 
 78.18  writing, and the commissioner of human services determines, 
 78.19  there is good cause for the nonpayment of child support.  Good 
 78.20  cause includes the following:  (i) there is a mistake in the 
 78.21  obligor's identity or the amount of the obligor's arrears; (ii) 
 78.22  arrears are reserved by the court or there is a pending legal 
 78.23  action concerning the unpaid child support; or (iii) other 
 78.24  circumstances as determined by the commissioner "Most Wanted" 
 78.25  list in the most cost-effective means available that is 
 78.26  calculated to lead to the location of the individuals sought, 
 78.27  including publication on the Internet.  The list must be based 
 78.28  on the best information available to the state at the time of 
 78.29  publication. 
 78.30     Before publishing the name of the obligor, the attorney 
 78.31  general, in consultation with the department of human services, 
 78.32  shall send a notice to the obligor's last known address which 
 78.33  states the department's intention to publish the obligor's 
 78.34  name and, photograph, the amount of child support the obligor 
 78.35  owes, and other identifying information.  The notice must also 
 78.36  provide an opportunity to have the obligor's name removed from 
 79.1   the list by paying the arrearage or by entering into an 
 79.2   agreement to pay the arrearage, and the final date when the 
 79.3   payment or agreement can be accepted. 
 79.4      The department of human services shall insert with the 
 79.5   notices sent to the obligee, a notice stating the intent to 
 79.6   publish the obligor's name, and the criteria used to determine 
 79.7   the publication of the obligor's name.  Prior to publishing any 
 79.8   obligor's name, photograph, or other identifying information, 
 79.9   the attorney general, in consultation with the department of 
 79.10  human services, shall obtain the written consent of the obligee 
 79.11  to whom the child support is owed. 
 79.12     Subd. 2.  [NAMES PUBLISHED IN ERROR.] If the 
 79.13  commissioner attorney general publishes a name or photograph 
 79.14  under subdivision 1 which is in error, the commissioner attorney 
 79.15  general must also offer to publish a printed retraction and 
 79.16  apology acknowledging that the name or photograph was published 
 79.17  in error.  The retraction and apology must appear in each 
 79.18  publication that included the original notice with the name or 
 79.19  photograph listed in error, and it must appear in the same type 
 79.20  size and appear the same number of times as the original notice. 
 79.21     Sec. 69.  [518.6111] [INCOME WITHHOLDING.] 
 79.22     Subdivision 1.  [DEFINITIONS.] (a) For the purpose of this 
 79.23  section, the following terms have the meanings provided in this 
 79.24  subdivision unless otherwise stated. 
 79.25     (b) "Payor of funds" means any person or entity that 
 79.26  provides funds to an obligor, including an employer as defined 
 79.27  under chapter 24 of the Internal Revenue Code, section 3401(d), 
 79.28  an independent contractor, payor of worker's compensation 
 79.29  benefits or reemployment insurance, or a financial institution 
 79.30  as defined in section 256.978, subdivision 2, paragraph (b). 
 79.31     (c) "Business day" means a day on which state offices are 
 79.32  open for regular business. 
 79.33     (d) "Arrears" means amounts owed under a support order that 
 79.34  are past due. 
 79.35     Subd. 2.  [APPLICATION.] This section applies to all 
 79.36  support orders issued by a court or an administrative tribunal 
 80.1   and orders for or notices of withholding issued by the public 
 80.2   authority according to section 518.5512, subdivision 6, 
 80.3   paragraph (a), clause (4). 
 80.4      Subd. 3.  [ORDER.] Every support order must address income 
 80.5   withholding.  Whenever a support order is initially entered or 
 80.6   modified, the full amount of the support order must be withheld 
 80.7   from the income of the obligor and forwarded to the public 
 80.8   authority.  Every order for support or maintenance shall provide 
 80.9   for a conspicuous notice of the provisions of this section that 
 80.10  complies with section 518.68, subdivision 2.  An order without 
 80.11  this notice remains subject to this section.  This section 
 80.12  applies regardless of the source of income of the person 
 80.13  obligated to pay the support or maintenance. 
 80.14     A payor of funds shall implement income withholding 
 80.15  according to this section upon receipt of an order for or notice 
 80.16  of withholding.  The notice of withholding shall be on a form 
 80.17  provided by the commissioner of human services. 
 80.18     Subd. 4.  [COLLECTION SERVICES.] The commissioner of human 
 80.19  services shall prepare and make available to the courts a notice 
 80.20  of services that explains child support and maintenance 
 80.21  collection services available through the public authority, 
 80.22  including income withholding.  Upon receiving a petition for 
 80.23  dissolution of marriage or legal separation, the court 
 80.24  administrator shall promptly send the notice of services to the 
 80.25  petitioner and respondent at the addresses stated in the 
 80.26  petition. 
 80.27     Upon receipt of a support order requiring income 
 80.28  withholding, a petitioner or respondent, who is not a recipient 
 80.29  of public assistance and does not receive child support services 
 80.30  from the public authority, shall apply to the public authority 
 80.31  for either full child support collection services or for income 
 80.32  withholding only services. 
 80.33     For those persons applying for income withholding only 
 80.34  services, a monthly service fee of $15 must be charged to the 
 80.35  obligor.  This fee is in addition to the amount of the support 
 80.36  order and shall be withheld through income withholding.  The 
 81.1   public authority shall explain the service options in this 
 81.2   section to the affected parties and encourage the application 
 81.3   for full child support collection services. 
 81.4      Subd. 5.  [PAYOR OF FUNDS RESPONSIBILITIES.] (a) An order 
 81.5   for or notice of withholding is binding on a payor of funds upon 
 81.6   receipt.  Withholding must begin no later than the first pay 
 81.7   period that occurs after 14 days following the date of receipt 
 81.8   of the order for or notice of withholding.  In the case of a 
 81.9   financial institution, preauthorized transfers must occur in 
 81.10  accordance with a court-ordered payment schedule. 
 81.11     (b) A payor of funds shall withhold from the income payable 
 81.12  to the obligor the amount specified in the order or notice of 
 81.13  withholding and amounts specified under subdivisions 6 and 9 and 
 81.14  shall remit the amounts withheld to the public authority within 
 81.15  seven business days of the date the obligor is paid the 
 81.16  remainder of the income.  The payor of funds shall include with 
 81.17  the remittance the social security number of the obligor, the 
 81.18  case type indicator, and the date the obligor is paid the 
 81.19  remainder of the income.  The obligor is considered to have paid 
 81.20  the amount withheld as of the date the obligor received the 
 81.21  remainder of the income.  A payor of funds may combine all 
 81.22  amounts withheld from one pay period into one payment to each 
 81.23  public authority, but shall separately identify each obligor 
 81.24  making payment. 
 81.25     (c)  A payor of funds shall not discharge, or refuse to 
 81.26  hire, or otherwise discipline an employee as a result of wage or 
 81.27  salary withholding authorized by this section.  A payor of funds 
 81.28  shall be liable to the obligee for any amounts required to be 
 81.29  withheld.  A payor of funds that fails to withhold or transfer 
 81.30  funds in accordance with this section is also liable to the 
 81.31  obligee for interest on the funds at the rate applicable to 
 81.32  judgments under section 549.09 computed from the date the funds 
 81.33  were required to be withheld or transferred.  A payor of funds 
 81.34  is liable for reasonable attorney fees of the obligee or public 
 81.35  authority incurred in enforcing the liability under this 
 81.36  paragraph.  A payor of funds that has failed to comply with the 
 82.1   requirements of this section is subject to contempt sanctions 
 82.2   under section 518.615.  If the payor of funds is an employer or 
 82.3   independent contractor and violates this subdivision, a court 
 82.4   may award the obligor twice the wages lost as a result of this 
 82.5   violation.  If a court finds a payor of funds violated this 
 82.6   subdivision, the court shall impose a civil fine of not less 
 82.7   than $500. 
 82.8      (d) If a single employee is subject to multiple withholding 
 82.9   orders or multiple notices of withholding for the support of 
 82.10  more than one child, the payor of funds shall comply with all of 
 82.11  the orders or notices to the extent that the total amount 
 82.12  withheld from the obligor's income does not exceed the limits 
 82.13  imposed under the Consumer Credit Protection Act, United States 
 82.14  Code, title 15, section 1637(b), giving priority to amounts 
 82.15  designated in each order or notice as current support as follows:
 82.16     (1) if the total of the amounts designated in the orders 
 82.17  for or notices of withholding as current support exceeds the 
 82.18  amount available for income withholding, the payor of funds 
 82.19  shall allocate to each order or notice an amount for current 
 82.20  support equal to the amount designated in that order or notice 
 82.21  as current support, divided by the total of the amounts 
 82.22  designated in the orders or notices as current support, 
 82.23  multiplied by the amount of the income available for income 
 82.24  withholding; and 
 82.25     (2) if the total of the amounts designated in the orders 
 82.26  for or notices of withholding as current support does not exceed 
 82.27  the amount available for income withholding, the payor of funds 
 82.28  shall pay the amounts designated as current support, and shall 
 82.29  allocate to each order or notice an amount for past due support, 
 82.30  equal to the amount designated in that order or notice as past 
 82.31  due support, divided by the total of the amounts designated in 
 82.32  the orders or notices as past due support, multiplied by the 
 82.33  amount of income remaining available for income withholding 
 82.34  after the payment of current support. 
 82.35     (e) When an order for or notice of withholding is in effect 
 82.36  and the obligor's employment is terminated, the obligor and the 
 83.1   payor of funds shall notify the public authority of the 
 83.2   termination within ten days of the termination date.  The 
 83.3   termination notice shall include the obligor's home address and 
 83.4   the name and address of the obligor's new payor of funds, if 
 83.5   known. 
 83.6      (f) A payor of funds may deduct one dollar from the 
 83.7   obligor's remaining salary for each payment made pursuant to an 
 83.8   order for or notice of withholding under this section to cover 
 83.9   the expenses of withholding.  
 83.10     Subd. 6.  [FINANCIAL INSTITUTIONS.] (a) If income 
 83.11  withholding is ineffective due to the obligor's method of 
 83.12  obtaining income, the court shall order the obligor to identify 
 83.13  a child support deposit account owned solely by the obligor, or 
 83.14  to establish an account, in a financial institution located in 
 83.15  this state for the purpose of depositing court-ordered child 
 83.16  support payments.  The court shall order the obligor to execute 
 83.17  an agreement with the appropriate public authority for 
 83.18  preauthorized transfers from the obligor's child support account 
 83.19  payable to an account of the public authority.  The court shall 
 83.20  order the obligor to disclose to the court all deposit accounts 
 83.21  owned by the obligor in whole or in part in any financial 
 83.22  institution.  The court may order the obligor to disclose to the 
 83.23  court the opening or closing of any deposit account owned in 
 83.24  whole or in part by the obligor within 30 days of the opening or 
 83.25  closing.  The court may order the obligor to execute an 
 83.26  agreement with the appropriate public authority for 
 83.27  preauthorized transfers from any deposit account owned in whole 
 83.28  or in part by the obligor to the obligor's child support deposit 
 83.29  account if necessary to satisfy court-ordered child support 
 83.30  payments.  The court may order a financial institution to 
 83.31  disclose to the court the account number and any other 
 83.32  information regarding accounts owned in whole or in part by the 
 83.33  obligor.  An obligor who fails to comply with this subdivision, 
 83.34  fails to deposit funds in at least one deposit account 
 83.35  sufficient to pay court-ordered child support, or stops payment 
 83.36  or revokes authorization of any preauthorized transfer is 
 84.1   subject to contempt of court procedures under chapter 588. 
 84.2      (b) A financial institution shall execute preauthorized 
 84.3   transfers for the deposit accounts of the obligor in the amount 
 84.4   specified in the order and amounts required under this section 
 84.5   as directed by the public authority.  A financial institution is 
 84.6   liable to the obligee if funds in any of the obligor's deposit 
 84.7   accounts identified in the court order equal the amount stated 
 84.8   in the preauthorization agreement but are not transferred by the 
 84.9   financial institution in accordance with the agreement. 
 84.10     Subd. 7.  [SUBSEQUENT INCOME WITHHOLDING.] (a) This 
 84.11  subdivision applies to support orders that do not contain 
 84.12  provisions for income withholding. 
 84.13     (b) For cases in which the public authority is providing 
 84.14  child support enforcement services to the parties, the income 
 84.15  withholding under this subdivision shall take effect without 
 84.16  prior judicial notice to the obligor and without the need for 
 84.17  judicial or administrative hearing.  Withholding shall result 
 84.18  when: 
 84.19     (1) the obligor requests it in writing to the public 
 84.20  authority; 
 84.21     (2) the obligor fails to make the payments as required in 
 84.22  the support order and is at least 30 days in arrears; 
 84.23     (3) the obligee or obligor serves on the public authority a 
 84.24  copy of the notice of income withholding, a copy of the court's 
 84.25  order, an application, and the fee to use the public authority's 
 84.26  collection services; or 
 84.27     (4) the public authority commences withholding according to 
 84.28  section 518.5512, subdivision 6, paragraph (a), clause (4).  
 84.29     (c) For cases in which the public authority is not 
 84.30  providing child support services to the parties, income 
 84.31  withholding under this subdivision shall take effect when an 
 84.32  obligee requests it by making a written motion to the court and 
 84.33  the court finds that previous support has not been paid on a 
 84.34  timely consistent basis or that the obligor has threatened 
 84.35  expressly or otherwise to stop or reduce payments. 
 84.36     (d) Within two days after the public authority commences 
 85.1   withholding under this subdivision, the public authority shall 
 85.2   send to the obligor at the obligor's last known address, notice 
 85.3   that withholding has commenced.  The notice shall include the 
 85.4   information provided to the payor of funds in the notice of 
 85.5   withholding. 
 85.6      Subd. 8.  [CONTEST.] (a) The obligor may contest 
 85.7   withholding under subdivision 7 on the limited grounds that the 
 85.8   withholding or the amount withheld is improper due to mistake of 
 85.9   fact.  If the obligor chooses to contest the withholding, the 
 85.10  obligor must do so no later than 15 days after the employer 
 85.11  commences withholding, by doing all of the following: 
 85.12     (1) file a request for contested hearing according to 
 85.13  section 518.5511, subdivision 4, and include in the request the 
 85.14  alleged mistake of fact; 
 85.15     (2) serve a copy of the request for contested hearing upon 
 85.16  the public authority and the obligee; and 
 85.17     (3) secure a date for the contested hearing no later than 
 85.18  45 days after receiving notice that withholding has commenced. 
 85.19     (b) The income withholding must remain in place while the 
 85.20  obligor contests the withholding. 
 85.21     (c) If the court finds that an arrearage of at least 30 
 85.22  days existed as of the date of the notice of withholding, the 
 85.23  court shall order income withholding to continue.  If the court 
 85.24  finds a mistake in the amount of the arrearage to be withheld, 
 85.25  the court shall continue the income withholding, but it shall 
 85.26  correct the amount of the arrearage to be withheld. 
 85.27     Subd. 9.  [PRIORITY.] (a) An order for or notice of 
 85.28  withholding under this section or execution or garnishment upon 
 85.29  a judgment for child support arrearage or preadjudicated 
 85.30  expenses shall have priority over an attachment, execution, 
 85.31  garnishment, or wage assignment and shall not be subject to the 
 85.32  statutory limitations on amounts levied against the income of 
 85.33  the obligor.  Amounts withheld from an employee's income must 
 85.34  not exceed the maximum permitted under the Consumer Credit 
 85.35  Protection Act, United States Code, title 15, section 1673(b). 
 85.36     (b) If more than one order for or notice of withholding 
 86.1   exists involving the same obligor and child, the public 
 86.2   authority shall enforce the most current order or notice.  An 
 86.3   order for or notice of withholding that was previously 
 86.4   implemented according to this section shall end as of the date 
 86.5   of the most current order.  The public authority shall notify 
 86.6   the payor of funds to withhold under the most current 
 86.7   withholding order or notice. 
 86.8      Subd. 10.  [ARREARAGE ORDER.] (a) This section does not 
 86.9   prevent the court from ordering the payor of funds to withhold 
 86.10  amounts to satisfy the obligor's previous arrearage in support 
 86.11  order payments.  This remedy shall not operate to exclude 
 86.12  availability of other remedies to enforce judgments.  The 
 86.13  employer or payor of funds shall withhold from the obligor's 
 86.14  income an additional amount equal to 20 percent of the monthly 
 86.15  child support or maintenance obligation until the arrearage is 
 86.16  paid.  
 86.17     (b) Notwithstanding any law to the contrary, funds from 
 86.18  income sources included in section 518.54, subdivision 6, 
 86.19  whether periodic or lump sum, are not exempt from attachment or 
 86.20  execution upon a judgment for child support arrearage. 
 86.21     (c) Absent an order to the contrary, if an arrearage exists 
 86.22  at the time a support order would otherwise terminate, income 
 86.23  withholding shall continue in effect or may be implemented in an 
 86.24  amount equal to the support order plus an additional 20 percent 
 86.25  of the monthly child support obligation, until all arrears have 
 86.26  been paid in full. 
 86.27     Subd. 11.  [LUMP SUM PAYMENTS.] Before transmittal to the 
 86.28  obligor of a lump sum payment of $500 or more including, but not 
 86.29  limited to, severance pay, accumulated sick pay, vacation pay, 
 86.30  bonuses, commissions, or other pay or benefits, a payor of funds:
 86.31     (1) who has been served with an order for or notice of 
 86.32  income withholding under this section shall: 
 86.33     (i) notify the public authority of the lump sum payment 
 86.34  that is to be paid to the obligor; 
 86.35     (ii) hold the lump sum payment for 30 days after the date 
 86.36  on which the lump sum payment would otherwise have been paid to 
 87.1   the obligor, notwithstanding sections 181.08, 181.101, 181.11, 
 87.2   181.13, and 181.145; and 
 87.3      (iii) upon order of the court, and after a showing of past 
 87.4   willful nonpayment of support, pay any specified amount of the 
 87.5   lump sum payment to the public authority for future support; or 
 87.6      (2) shall pay the lessor of the amount of the lump sum 
 87.7   payment or the total amount of the judgment and arrearages upon 
 87.8   service by United States mail of a sworn affidavit from the 
 87.9   public authority or a court order that includes the following 
 87.10  information: 
 87.11     (i) that a judgment entered pursuant to section 548.091, 
 87.12  subdivision 1a, exists against the obligor, or that other 
 87.13  support arrearages exist; 
 87.14     (ii) the current balance of the judgment or arrearage; and 
 87.15     (iii) that a portion of the judgment or arrearage remains 
 87.16  unpaid. 
 87.17     The Consumer Credit Protection Act, United States Code, 
 87.18  title 15, section 1673(b), does not apply to lump sum payments. 
 87.19     Subd. 12.  [INTERSTATE INCOME WITHHOLDING.] (a) Upon 
 87.20  receipt of an order for support entered in another state and the 
 87.21  specified documentation from an authorized agency, the public 
 87.22  authority shall implement income withholding.  A payor of funds 
 87.23  in this state shall withhold income under court orders for 
 87.24  withholding issued by other states or territories. 
 87.25     (b) An employer receiving an income withholding notice from 
 87.26  another state shall withhold and distribute the funds as 
 87.27  directed in the withholding notice and shall apply the law of 
 87.28  the obligor's principal place of employment when determining: 
 87.29     (1) the employer's fee for processing an income withholding 
 87.30  notice; 
 87.31     (2) the maximum amount permitted to be withheld from the 
 87.32  obligor's income; and 
 87.33     (3) deadlines for implementing and forwarding the child 
 87.34  support payment. 
 87.35     (c) An obligor may contest withholding under this 
 87.36  subdivision pursuant to section 518C.506. 
 88.1      Subd. 13.  [ORDER TERMINATING INCOME WITHHOLDING.] An order 
 88.2   terminating income withholding must specify the effective date 
 88.3   of the order and reference the initial order or decree that 
 88.4   establishes the support obligation and shall be entered once the 
 88.5   following conditions have been met: 
 88.6      (1) the obligor serves written notice of the application 
 88.7   for termination of income withholding by mail upon the obligee 
 88.8   at the obligee's last known mailing address, and a duplicate 
 88.9   copy of the application is served on the public authority; 
 88.10     (2) the application for termination of income withholding 
 88.11  specifies the event that terminates the support obligation, the 
 88.12  effective date of the termination of the support obligation, and 
 88.13  the applicable provisions of the order or decree that 
 88.14  established the support obligation; 
 88.15     (3) the application includes the complete name of the 
 88.16  obligor's payor of funds, the business mailing address, the 
 88.17  court action and court file number, and the support and 
 88.18  collections file number, if known; and 
 88.19     (4) after receipt of the application for termination of 
 88.20  income withholding, the obligee or the public authority fails 
 88.21  within 20 days to request a contested hearing on the issue of 
 88.22  whether income withholding of support should continue clearly 
 88.23  specifying the basis for the continued support obligation and, 
 88.24  ex parte, to stay the service of the order terminating income 
 88.25  withholding upon the obligor's payor of funds, pending the 
 88.26  outcome of the contest hearing. 
 88.27     Subd. 14.  [TERMINATION BY PUBLIC AUTHORITY.] If the public 
 88.28  authority determines that income withholding is no longer 
 88.29  applicable, the public authority shall notify the obligee and 
 88.30  the obligor of intent to terminate income withholding. 
 88.31     Five days following notification to the obligee and 
 88.32  obligor, the public authority shall issue a notice to the payor 
 88.33  of funds terminating income withholding, without a requirement 
 88.34  for a court order unless the obligee has requested a contested 
 88.35  hearing under section 518.5511, subdivision 4. 
 88.36     Subd. 15.  [CONTRACT FOR SERVICE.] To carry out the 
 89.1   provisions of this section, the public authority responsible for 
 89.2   child support enforcement may contract for services, including 
 89.3   the use of electronic funds transfer. 
 89.4      Subd. 16.  [WAIVER.] (a) If child support or maintenance is 
 89.5   not assigned under section 256.741, the court may waive the 
 89.6   requirements of this section if the court finds there is no 
 89.7   arrearage in child support and maintenance as of the date of the 
 89.8   hearing and: 
 89.9      (1) one party demonstrates and the court finds there is 
 89.10  good cause to waive the requirements of this section or to 
 89.11  terminate an order for or notice of income withholding 
 89.12  previously entered under this section; or 
 89.13     (2) all parties reach an agreement and the agreement is 
 89.14  approved by the court after a finding that the agreement is 
 89.15  likely to result in regular and timely payments.  The court's 
 89.16  findings waiving the requirements of this paragraph shall 
 89.17  include a written explanation of the reasons why income 
 89.18  withholding would not be in the best interests of the child. 
 89.19     In addition to the other requirements in this subdivision, 
 89.20  if the case involves a modification of support, the court shall 
 89.21  make a finding that support has been timely made. 
 89.22     (b) If the court waives income withholding, the obligee or 
 89.23  obligor may at any time request income withholding under 
 89.24  subdivision 7. 
 89.25     Subd. 17.  [NONLIABILITY; PAYOR OF FUNDS.] A payor of funds 
 89.26  who complies with an income withholding order or notice of 
 89.27  withholding according to this chapter or chapter 518C that 
 89.28  appears regular on its face shall not be subject to civil 
 89.29  liability to any individual or agency for taking action in 
 89.30  compliance with the order or notice. 
 89.31     Subd. 18.  [ELECTRONIC TRANSMISSION.] Orders or notices for 
 89.32  withholding under this section may be transmitted for 
 89.33  enforcement purposes by electronic means. 
 89.34     Sec. 70. Minnesota Statutes 1996, section 518.616, is 
 89.35  amended by adding a subdivision to read: 
 89.36     Subd. 1a.  [COURT ORDERS FOR CHILDREN RECEIVING PUBLIC 
 90.1   ASSISTANCE.] For any order enforced by the public authority for 
 90.2   children receiving assistance under any of the programs referred 
 90.3   to in section 256.741, subdivision 8, the public authority may 
 90.4   seek a court order requiring the obligor to participate in work 
 90.5   activities if the obligor is in arrears in child support.  Work 
 90.6   activities include the following: 
 90.7      (1) unsubsidized employment; 
 90.8      (2) subsidized private sector employment; 
 90.9      (3) subsidized public sector employment or work experience 
 90.10  only if sufficient private sector employment is unavailable; 
 90.11     (4) on-the-job training; 
 90.12     (5) job search and job readiness; 
 90.13     (6) education directly related to employment, in the case 
 90.14  of an obligor who: 
 90.15     (i) has not attained 20 years of age; and 
 90.16     (ii) has not received a high school diploma or certificate 
 90.17  of high school equivalency; 
 90.18     (7) job skills training directly related to employment; 
 90.19     (8) satisfactory attendance at a secondary school in the 
 90.20  case of an obligor who: 
 90.21     (i) has not completed secondary school; and 
 90.22     (ii) is a dependent child, or a head of a household and who 
 90.23  has not attained 20 years of age; and 
 90.24     (9) vocational educational training, not to exceed 12 
 90.25  months with respect to any individual. 
 90.26     Sec. 71.  [518.618] [COLLECTION; ARREARS ONLY.] 
 90.27     (a) Remedies available for the collection and enforcement 
 90.28  of support in this chapter and chapters 256, 257, and 518C also 
 90.29  apply to cases in which the child or children for whom support 
 90.30  is owed are emancipated and the obligor owes past support or has 
 90.31  an accumulated arrearage as of the date of the youngest child's 
 90.32  emancipation.  Child support arrearages under this section 
 90.33  include arrearages for child support, medical support, child 
 90.34  care, pregnancy and birth expenses, and unreimbursed medical 
 90.35  expenses as defined in section 518.171. 
 90.36     (b) This section applies retroactively to any support 
 91.1   arrearage that accrued on or before the date of enactment and to 
 91.2   all arrearages accruing after the date of enactment. 
 91.3      Sec. 72.  Minnesota Statutes 1996, section 518.64, 
 91.4   subdivision 2, is amended to read: 
 91.5      Subd. 2.  [MODIFICATION.] (a) The terms of an order 
 91.6   respecting maintenance or support may be modified upon a showing 
 91.7   of one or more of the following:  (1) substantially increased or 
 91.8   decreased earnings of a party; (2) substantially increased or 
 91.9   decreased need of a party or the child or children that are the 
 91.10  subject of these proceedings; (3) receipt of assistance under 
 91.11  sections 256.72 to 256.87 or 256B.01 to 256B.40; (4) a change in 
 91.12  the cost of living for either party as measured by the federal 
 91.13  bureau of statistics, any of which makes the terms unreasonable 
 91.14  and unfair; (5) extraordinary medical expenses of the child not 
 91.15  provided for under section 518.171; or (6) the addition of 
 91.16  work-related or education-related child care expenses of the 
 91.17  obligee or a substantial increase or decrease in existing 
 91.18  work-related or education-related child care expenses.  
 91.19     (b) It is presumed that there has been a substantial change 
 91.20  in circumstances under clause (1), (2), or (4) paragraph (a) and 
 91.21  the terms of a current support order shall be rebuttably 
 91.22  presumed to be unreasonable and unfair if: 
 91.23     (1) the application of the child support guidelines in 
 91.24  section 518.551, subdivision 5, to the current circumstances of 
 91.25  the parties results in a calculated court order that is at least 
 91.26  20 percent and at least $50 per month higher or lower than the 
 91.27  current support order.; 
 91.28     (2) the medical support provisions of the order established 
 91.29  under section 518.171 are not enforceable by the public 
 91.30  authority or the custodial parent; 
 91.31     (3) health coverage ordered under section 518.171 is not 
 91.32  available to the child for whom the order is established by the 
 91.33  parent ordered to provide; or 
 91.34     (4) the existing support obligation is in the form of a 
 91.35  statement of percentage and not a specific dollar amount.  
 91.36     (b) (c) On a motion for modification of maintenance, 
 92.1   including a motion for the extension of the duration of a 
 92.2   maintenance award, the court shall apply, in addition to all 
 92.3   other relevant factors, the factors for an award of maintenance 
 92.4   under section 518.552 that exist at the time of the motion.  On 
 92.5   a motion for modification of support, the court:  
 92.6      (1) shall apply section 518.551, subdivision 5, and shall 
 92.7   not consider the financial circumstances of each party's spouse, 
 92.8   if any; and 
 92.9      (2) shall not consider compensation received by a party for 
 92.10  employment in excess of a 40-hour work week, provided that the 
 92.11  party demonstrates, and the court finds, that: 
 92.12     (i) the excess employment began after entry of the existing 
 92.13  support order; 
 92.14     (ii) the excess employment is voluntary and not a condition 
 92.15  of employment; 
 92.16     (iii) the excess employment is in the nature of additional, 
 92.17  part-time employment, or overtime employment compensable by the 
 92.18  hour or fractions of an hour; 
 92.19     (iv) the party's compensation structure has not been 
 92.20  changed for the purpose of affecting a support or maintenance 
 92.21  obligation; 
 92.22     (v) in the case of an obligor, current child support 
 92.23  payments are at least equal to the guidelines amount based on 
 92.24  income not excluded under this clause; and 
 92.25     (vi) in the case of an obligor who is in arrears in child 
 92.26  support payments to the obligee, any net income from excess 
 92.27  employment must be used to pay the arrearages until the 
 92.28  arrearages are paid in full. 
 92.29     (c) (d) A modification of support or maintenance may be 
 92.30  made retroactive only with respect to any period during which 
 92.31  the petitioning party has pending a motion for modification but 
 92.32  only from the date of service of notice of the motion on the 
 92.33  responding party and on the public authority if public 
 92.34  assistance is being furnished or the county attorney is the 
 92.35  attorney of record.  However, modification may be applied to an 
 92.36  earlier period if the court makes express findings that:  
 93.1      (1) the party seeking modification was precluded from 
 93.2   serving a motion by reason of a significant physical or mental 
 93.3   disability, a material misrepresentation of another party, or 
 93.4   fraud upon the court and that the party seeking modification, 
 93.5   when no longer precluded, promptly served a motion; 
 93.6      (2) the party seeking modification was a recipient of 
 93.7   federal Supplemental Security Income (SSI), Title II Older 
 93.8   Americans, Survivor's Disability Insurance (OASDI), other 
 93.9   disability benefits, or public assistance based upon need during 
 93.10  the period for which retroactive modification is sought; or 
 93.11     (3) the order for which the party seeks amendment was 
 93.12  entered by default, the party shows good cause for not 
 93.13  appearing, and the record contains no factual evidence, or 
 93.14  clearly erroneous evidence regarding the individual obligor's 
 93.15  ability to pay.  
 93.16     The court may provide that a reduction in the amount 
 93.17  allocated for child care expenses based on a substantial 
 93.18  decrease in the expenses is effective as of the date the 
 93.19  expenses decreased. 
 93.20     (d) (e) Except for an award of the right of occupancy of 
 93.21  the homestead, provided in section 518.63, all divisions of real 
 93.22  and personal property provided by section 518.58 shall be final, 
 93.23  and may be revoked or modified only where the court finds the 
 93.24  existence of conditions that justify reopening a judgment under 
 93.25  the laws of this state, including motions under section 518.145, 
 93.26  subdivision 2.  The court may impose a lien or charge on the 
 93.27  divided property at any time while the property, or subsequently 
 93.28  acquired property, is owned by the parties or either of them, 
 93.29  for the payment of maintenance or support money, or may 
 93.30  sequester the property as is provided by section 518.24. 
 93.31     (e) (f) The court need not hold an evidentiary hearing on a 
 93.32  motion for modification of maintenance or support. 
 93.33     (f) (g) Section 518.14 shall govern the award of attorney 
 93.34  fees for motions brought under this subdivision. 
 93.35     Sec. 73.  Minnesota Statutes 1996, section 518.641, 
 93.36  subdivision 2, is amended to read: 
 94.1      Subd. 2.  [CONDITIONS.] No adjustment under this section 
 94.2   may be made unless the order provides for it and until the 
 94.3   following conditions are met:  
 94.4      (a) the obligee or public authority serves notice of its 
 94.5   the application for adjustment by mail on the obligor at the 
 94.6   obligor's last known address at least 20 days before the 
 94.7   effective date of the adjustment; 
 94.8      (b) the notice to the obligor informs the obligor of the 
 94.9   date on which the adjustment in payments will become effective; 
 94.10  and 
 94.11     (c) after receipt of notice and before the effective day of 
 94.12  the adjustment, the obligor fails to request a hearing on the 
 94.13  issue of whether the adjustment should take effect, and ex 
 94.14  parte, to stay imposition of the adjustment pending outcome of 
 94.15  the hearing; or 
 94.16     (d) the public authority sends notice of its application 
 94.17  for adjustment to the obligor at the obligor's last known 
 94.18  address at least 20 days before the effective date of the 
 94.19  adjustment, and the notice informs the obligor of the date on 
 94.20  which the adjustment will become effective and the procedures 
 94.21  for contesting the adjustment according to section 518.5512. 
 94.22     Sec. 74.  Minnesota Statutes 1996, section 518.68, 
 94.23  subdivision 2, is amended to read: 
 94.24     Subd. 2.  [CONTENTS.] The required notices must be 
 94.25  substantially as follows: 
 94.26                          IMPORTANT NOTICE 
 94.27  1.  PAYMENTS TO PUBLIC AGENCY 
 94.28     Pursuant According to Minnesota Statutes, section 518.551, 
 94.29     subdivision 1, payments ordered for maintenance and support 
 94.30     must be paid to the public agency responsible for child 
 94.31     support enforcement as long as the person entitled to 
 94.32     receive the payments is receiving or has applied for public 
 94.33     assistance or has applied for support and maintenance 
 94.34     collection services.  MAIL PAYMENTS TO: 
 94.35  2.  DEPRIVING ANOTHER OF CUSTODIAL OR PARENTAL RIGHTS -- A 
 94.36  FELONY 
 95.1      A person may be charged with a felony who conceals a minor 
 95.2      child or takes, obtains, retains, or fails to return a 
 95.3      minor child from or to the child's parent (or person with 
 95.4      custodial or visitation rights), pursuant according to 
 95.5      Minnesota Statutes, section 609.26.  A copy of that section 
 95.6      is available from any district court clerk. 
 95.7   3.  RULES OF SUPPORT, MAINTENANCE, VISITATION 
 95.8      (a) Payment of support or spousal maintenance is to be as 
 95.9      ordered, and the giving of gifts or making purchases of 
 95.10     food, clothing, and the like will not fulfill the 
 95.11     obligation. 
 95.12     (b) Payment of support must be made as it becomes due, and 
 95.13     failure to secure or denial of rights of visitation is NOT 
 95.14     an excuse for nonpayment, but the aggrieved party must seek 
 95.15     relief through a proper motion filed with the court. 
 95.16     (c) Nonpayment of support is not grounds to deny 
 95.17     visitation.  The party entitled to receive support may 
 95.18     apply for support and collection services, file a contempt 
 95.19     motion, or obtain a judgment as provided in Minnesota 
 95.20     Statutes, section 548.091.  
 95.21     (d) The payment of support or spousal maintenance takes 
 95.22     priority over payment of debts and other obligations. 
 95.23     (e) A party who accepts additional obligations of support 
 95.24     does so with the full knowledge of the party's prior 
 95.25     obligation under this proceeding. 
 95.26     (f) Child support or maintenance is based on annual income, 
 95.27     and it is the responsibility of a person with seasonal 
 95.28     employment to budget income so that payments are made 
 95.29     throughout the year as ordered. 
 95.30     (g) If there is a layoff or a pay reduction, support may be 
 95.31     reduced as of the time of the layoff or pay reduction if a 
 95.32     motion to reduce the support is served and filed with the 
 95.33     court at that time, but any such reduction must be ordered 
 95.34     by the court.  The court is not permitted to reduce support 
 95.35     retroactively, except as provided in Minnesota Statutes, 
 95.36     section 518.64, subdivision 2, paragraph (c).  
 96.1   4.  PARENTAL RIGHTS FROM MINNESOTA STATUTES, SECTION 518.17, 
 96.2   SUBDIVISION 3 
 96.3      Unless otherwise provided by the Court: 
 96.4      (a) Each party has the right of access to, and to receive 
 96.5      copies of, school, medical, dental, religious training, and 
 96.6      other important records and information about the minor 
 96.7      children.  Each party has the right of access to 
 96.8      information regarding health or dental insurance available 
 96.9      to the minor children.  Presentation of a copy of this 
 96.10     order to the custodian of a record or other information 
 96.11     about the minor children constitutes sufficient 
 96.12     authorization for the release of the record or information 
 96.13     to the requesting party. 
 96.14     (b) Each party shall keep the other informed as to the name 
 96.15     and address of the school of attendance of the minor 
 96.16     children.  Each party has the right to be informed by 
 96.17     school officials about the children's welfare, educational 
 96.18     progress and status, and to attend school and parent 
 96.19     teacher conferences.  The school is not required to hold a 
 96.20     separate conference for each party. 
 96.21     (c) In case of an accident or serious illness of a minor 
 96.22     child, each party shall notify the other party of the 
 96.23     accident or illness, and the name of the health care 
 96.24     provider and the place of treatment. 
 96.25     (d) Each party has the right of reasonable access and 
 96.26     telephone contact with the minor children. 
 96.27  5.  WAGE AND INCOME DEDUCTION OF SUPPORT AND MAINTENANCE 
 96.28     Child support and/or spousal maintenance may be withheld 
 96.29     from income, with or without notice to the person obligated 
 96.30     to pay, when the conditions of Minnesota Statutes, sections 
 96.31     518.611 and 518.613, have been met.  A copy of those 
 96.32     sections is available from any district court clerk. 
 96.33  6.  CHANGE OF ADDRESS OR RESIDENCE 
 96.34     Unless otherwise ordered, the person responsible to make 
 96.35     support or maintenance payments each party shall notify the 
 96.36     person entitled to receive the payment other party, the 
 97.1      court, and the public authority responsible for collection, 
 97.2      if applicable, of a change of address or residence the 
 97.3      following information within 60 ten days of the address or 
 97.4      residence change any change:  the residential and mailing 
 97.5      address, telephone number, driver's license number, social 
 97.6      security number, and name, address, and telephone number of 
 97.7      the employer. 
 97.8   7.  COST OF LIVING INCREASE OF SUPPORT AND MAINTENANCE 
 97.9      Child support and/or spousal maintenance may be adjusted 
 97.10     every two years based upon a change in the cost of living 
 97.11     (using Department of Labor Consumer Price Index .........., 
 97.12     unless otherwise specified in this order) when the 
 97.13     conditions of Minnesota Statutes, section 518.641, are met. 
 97.14     Cost of living increases are compounded.  A copy of 
 97.15     Minnesota Statutes, section 518.641, and forms necessary to 
 97.16     request or contest a cost of living increase are available 
 97.17     from any district court clerk. 
 97.18  8.  JUDGMENTS FOR UNPAID SUPPORT 
 97.19     If a person fails to make a child support payment, the 
 97.20     payment owed becomes a judgment against the person 
 97.21     responsible to make the payment by operation of law on or 
 97.22     after the date the payment is due, and the person entitled 
 97.23     to receive the payment or the public agency may obtain 
 97.24     entry and docketing of the judgment WITHOUT NOTICE to the 
 97.25     person responsible to make the payment under Minnesota 
 97.26     Statutes, section 548.091.  Interest begins to accrue on a 
 97.27     payment or installment of child support whenever the unpaid 
 97.28     amount due is greater than the current support due, 
 97.29     pursuant according to Minnesota Statutes, section 548.091, 
 97.30     subdivision 1a.  
 97.31  9.  JUDGMENTS FOR UNPAID MAINTENANCE 
 97.32     A judgment for unpaid spousal maintenance may be entered 
 97.33     when the conditions of Minnesota Statutes, section 548.091, 
 97.34     are met.  A copy of that section is available from any 
 97.35     district court clerk. 
 97.36  10.  ATTORNEY FEES AND COLLECTION COSTS FOR ENFORCEMENT OF CHILD 
 98.1   SUPPORT 
 98.2      A judgment for attorney fees and other collection costs 
 98.3      incurred in enforcing a child support order will be entered 
 98.4      against the person responsible to pay support when the 
 98.5      conditions of section 518.14, subdivision 2, are met.  A 
 98.6      copy of section 518.14 and forms necessary to request or 
 98.7      contest these attorney fees and collection costs are 
 98.8      available from any district court clerk. 
 98.9   11.  VISITATION EXPEDITOR PROCESS 
 98.10     On request of either party or on its own motion, the court 
 98.11     may appoint a visitation expeditor to resolve visitation 
 98.12     disputes under Minnesota Statutes, section 518.1751.  A 
 98.13     copy of that section and a description of the expeditor 
 98.14     process is available from any district court clerk. 
 98.15  12.  VISITATION REMEDIES AND PENALTIES 
 98.16     Remedies and penalties for the wrongful denial of 
 98.17     visitation rights are available under Minnesota Statutes, 
 98.18     section 518.175, subdivision 6.  These include compensatory 
 98.19     visitation; civil penalties; bond requirements; contempt; 
 98.20     and reversal of custody.  A copy of that subdivision and 
 98.21     forms for requesting relief are available from any district 
 98.22     court clerk. 
 98.23     Sec. 75.  Minnesota Statutes 1996, section 518C.101, is 
 98.24  amended to read: 
 98.25     518C.101 [DEFINITIONS.] 
 98.26     In this chapter: 
 98.27     (a) "Child" means an individual, whether over or under the 
 98.28  age of majority, who is or is alleged to be owed a duty of 
 98.29  support by the individual's parent or who is or is alleged to be 
 98.30  the beneficiary of a support order directed to the parent. 
 98.31     (b) "Child support order" means a support order for a 
 98.32  child, including a child who has attained the age of majority 
 98.33  under the law of the issuing state. 
 98.34     (c) "Duty of support" means an obligation imposed or 
 98.35  imposable by law to provide support for a child, spouse, or 
 98.36  former spouse, including an unsatisfied obligation to provide 
 99.1   support. 
 99.2      (d) "Home state" means the state in which a child lived 
 99.3   with a parent or a person acting as parent for at least six 
 99.4   consecutive months immediately preceding the time of filing of a 
 99.5   petition or comparable pleading for support and, if a child is 
 99.6   less than six months old, the state in which the child lived 
 99.7   from birth with any of them.  A period of temporary absence of 
 99.8   any of them is counted as part of the six-month or other period. 
 99.9      (e) "Income" includes earnings or other periodic 
 99.10  entitlements to money from any source and any other property 
 99.11  subject to withholding for support under the law of this state. 
 99.12     (f) "Income-withholding order" means an order or other 
 99.13  legal process directed to an obligor's employer or other debtor 
 99.14  under section 518.611 or 518.613, to withhold support from the 
 99.15  income of the obligor. 
 99.16     (g) "Initiating state" means a state in from which a 
 99.17  proceeding is forwarded or in which a proceeding is filed for 
 99.18  forwarding to a responding state under this chapter or a law or 
 99.19  procedure substantially similar to this chapter, the uniform 
 99.20  reciprocal enforcement of support act, or the revised uniform 
 99.21  reciprocal enforcement of support act is filed for forwarding to 
 99.22  a responding state. 
 99.23     (h) "Initiating tribunal" means the authorized tribunal in 
 99.24  an initiating state. 
 99.25     (i) "Issuing state" means the state in which a tribunal 
 99.26  issues a support order or renders a judgment determining 
 99.27  parentage. 
 99.28     (j) "Issuing tribunal" means the tribunal that issues a 
 99.29  support order or renders a judgment determining parentage. 
 99.30     (k) "Law" includes decisional and statutory law and rules 
 99.31  and regulations having the force of law. 
 99.32     (l) "Obligee" means: 
 99.33     (1) an individual to whom a duty of support is or is 
 99.34  alleged to be owed or in whose favor a support order has been 
 99.35  issued or a judgment determining parentage has been rendered; 
 99.36     (2) a state or political subdivision to which the rights 
100.1   under a duty of support or support order have been assigned or 
100.2   which has independent claims based on financial assistance 
100.3   provided to an individual obligee; or 
100.4      (3) an individual seeking a judgment determining parentage 
100.5   of the individual's child. 
100.6      (m) "Obligor" means an individual, or the estate of a 
100.7   decedent: 
100.8      (1) who owes or is alleged to owe a duty of support; 
100.9      (2) who is alleged but has not been adjudicated to be a 
100.10  parent of a child; or 
100.11     (3) who is liable under a support order. 
100.12     (n) "Petition" means a petition or comparable pleading used 
100.13  pursuant to section 518.5511. 
100.14     (o) "Register" means to file a support order or judgment 
100.15  determining parentage in the office of the court administrator. 
100.16     (p) (o) "Registering tribunal" means a tribunal in which a 
100.17  support order is registered. 
100.18     (q) (p) "Responding state" means a state to in which a 
100.19  proceeding is filed or to which a proceeding is forwarded for 
100.20  filing from an initiating state under this chapter or a law or 
100.21  procedure substantially similar to this chapter, the uniform 
100.22  reciprocal enforcement of support act, or the revised uniform 
100.23  reciprocal enforcement of support act. 
100.24     (r) (q) "Responding tribunal" means the authorized tribunal 
100.25  in a responding state. 
100.26     (s) (r) "Spousal support order" means a support order for a 
100.27  spouse or former spouse of the obligor. 
100.28     (t) (s) "State" means a state of the United States, the 
100.29  District of Columbia, the Commonwealth of Puerto Rico, the 
100.30  United States Virgin Islands, or any territory or insular 
100.31  possession subject to the jurisdiction of the United 
100.32  States.  "State" This term also includes: 
100.33     (1) an Indian tribe; and 
100.34     (2) a foreign jurisdiction that has enacted a law or 
100.35  established procedures for issuance and enforcement of support 
100.36  orders that which are substantially similar to the procedures 
101.1   under this chapter, the Uniform Reciprocal Enforcement of 
101.2   Support Act, or the Revised Uniform Reciprocal Enforcement of 
101.3   Support Act.  
101.4      (u) (t) "Support enforcement agency" means a public 
101.5   official or agency authorized to seek: 
101.6      (1) seek enforcement of support orders or laws relating to 
101.7   the duty of support; 
101.8      (2) seek establishment or modification of child support; 
101.9      (3) seek determination of parentage; or 
101.10     (4) to locate obligors or their assets. 
101.11     (v) (u) "Support order" means a judgment, decree, or order, 
101.12  whether temporary, final, or subject to modification, for the 
101.13  benefit of a child, a spouse, or a former spouse, which provides 
101.14  for monetary support, health care, arrearages, or reimbursement, 
101.15  and may include related costs and fees, interest, income 
101.16  withholding, attorney's fees, and other relief. 
101.17     (w) (v) "Tribunal" means a court, administrative agency, or 
101.18  quasi-judicial entity authorized to establish, enforce, or 
101.19  modify support orders or to determine parentage. 
101.20     Sec. 76.  Minnesota Statutes 1996, section 518C.204, is 
101.21  amended to read: 
101.22     518C.204 [SIMULTANEOUS PROCEEDINGS IN ANOTHER STATE.] 
101.23     (a) A tribunal of this state may exercise jurisdiction to 
101.24  establish a support order if the petition or comparable pleading 
101.25  is filed after a petition or comparable pleading is filed in 
101.26  another state only if: 
101.27     (1) the petition or comparable pleading in this state is 
101.28  filed before the expiration of the time allowed in the other 
101.29  state for filing a responsive pleading challenging the exercise 
101.30  of jurisdiction by the other state; 
101.31     (2) the contesting party timely challenges the exercise of 
101.32  jurisdiction in the other state; and 
101.33     (3) if relevant, this state is the home state of the child. 
101.34     (b) A tribunal of this state may not exercise jurisdiction 
101.35  to establish a support order if the petition or comparable 
101.36  pleading is filed before a petition or comparable pleading is 
102.1   filed in another state if: 
102.2      (1) the petition or comparable pleading in the other state 
102.3   is filed before the expiration of the time allowed in this state 
102.4   for filing a responsive pleading challenging the exercise of 
102.5   jurisdiction by this state; 
102.6      (2) the contesting party timely challenges the exercise of 
102.7   jurisdiction in this state; and 
102.8      (3) if relevant, the other state is the home state of the 
102.9   child. 
102.10     Sec. 77.  Minnesota Statutes 1996, section 518C.205, is 
102.11  amended to read: 
102.12     518C.205 [CONTINUING, EXCLUSIVE JURISDICTION.] 
102.13     (a) A tribunal of this state issuing a support order 
102.14  consistent with the law of this state has continuing, exclusive 
102.15  jurisdiction over a child support order: 
102.16     (1) as long as this state remains the residence of the 
102.17  obligor, the individual obligee, or the child for whose benefit 
102.18  the support order is issued; or 
102.19     (2) until each individual party has all of the parties who 
102.20  are individuals have filed written consent consents with the 
102.21  tribunal of this state for a tribunal of another state to modify 
102.22  the order and assume continuing, exclusive jurisdiction. 
102.23     (b) A tribunal of this state issuing a child support order 
102.24  consistent with the law of this state may not exercise its 
102.25  continuing jurisdiction to modify the order if the order has 
102.26  been modified by a tribunal of another state pursuant according 
102.27  to this section or a law substantially similar to this chapter. 
102.28     (c) If a child support order of this state is modified by a 
102.29  tribunal of another state pursuant according to this section or 
102.30  a law substantially similar to this chapter, a tribunal of this 
102.31  state loses its continuing, exclusive jurisdiction with regard 
102.32  to prospective enforcement of the order issued in this state, 
102.33  and may only: 
102.34     (1) enforce the order that was modified as to amounts 
102.35  accruing before the modification; 
102.36     (2) enforce nonmodifiable aspects of that order; and 
103.1      (3) provide other appropriate relief for violations of that 
103.2   order which occurred before the effective date of the 
103.3   modification. 
103.4      (d) A tribunal of this state shall recognize the 
103.5   continuing, exclusive jurisdiction of a tribunal of another 
103.6   state which has issued a child support order pursuant according 
103.7   to this section or a law substantially similar to this chapter. 
103.8      (e) A temporary support order issued ex parte or pending 
103.9   resolution of a jurisdictional conflict does not create 
103.10  continuing, exclusive jurisdiction in the issuing tribunal. 
103.11     (f) A tribunal of this state issuing a support order 
103.12  consistent with the law of this state has continuing, exclusive 
103.13  jurisdiction over a spousal support order throughout the 
103.14  existence of the support obligation.  A tribunal of this state 
103.15  may not modify a spousal support order issued by a tribunal of 
103.16  another state having continuing, exclusive jurisdiction over 
103.17  that order under the law of that state. 
103.18     Sec. 78.  Minnesota Statutes 1996, section 518C.207, is 
103.19  amended to read: 
103.20     518C.207 [RECOGNITION OF CONTROLLING CHILD SUPPORT 
103.21  ORDERS ORDER.] 
103.22     (a) If a proceeding is brought under this chapter, and one 
103.23  or more child support orders have been issued in this or another 
103.24  state with regard to an obligor and a child, a tribunal of this 
103.25  state shall apply the following rules in determining which order 
103.26  to recognize for purposes of continuing, exclusive jurisdiction: 
103.27     (1) If a proceeding is brought under this chapter and only 
103.28  one tribunal has issued a child support order, the order of that 
103.29  tribunal is controlling and must be recognized. 
103.30     (b) If a proceeding is brought under this chapter, and two 
103.31  or more child support orders have been issued by tribunals of 
103.32  this state or another state with regard to the same obligor and 
103.33  child, a tribunal of this state shall apply the rules in clauses 
103.34  (1) to (3) determining which order to recognize for purposes of 
103.35  continuing, exclusive jurisdiction. 
103.36     (1) If only one of the tribunals would have continuing, 
104.1   exclusive jurisdiction under this chapter, the order of that 
104.2   tribunal is controlling and must be recognized. 
104.3      (2) If two or more than one of the tribunals would have 
104.4   issued child support orders for the same obligor and child, and 
104.5   only one of the tribunals would have continuing, exclusive 
104.6   jurisdiction under this chapter, the order of that tribunal must 
104.7   be recognized continuing, exclusive jurisdiction under this 
104.8   chapter, an order issued by a tribunal in the current home state 
104.9   of the child is controlling and must be recognized, but if an 
104.10  order has not been issued in the current home state of the 
104.11  child, the most recently issued order controls and must be 
104.12  recognized. 
104.13     (3) If two or more none of the tribunals would have issued 
104.14  child support orders for the same obligor and child, and more 
104.15  than one of the tribunals would have continuing, exclusive 
104.16  jurisdiction under this chapter, an order issued by a tribunal 
104.17  in the current home state of the child must be recognized, but 
104.18  if an order has not been issued in the current home state of the 
104.19  child, the order most recently issued must be recognized the 
104.20  tribunal of this state having jurisdiction over the parties 
104.21  shall issue a child support order, which controls and must be 
104.22  recognized. 
104.23     (4) (c) If two or more tribunals have issued child support 
104.24  orders have been issued for the same obligor and child, and none 
104.25  of the tribunals would have continuing, exclusive jurisdiction 
104.26  under this chapter, the tribunal of this state may issue a child 
104.27  support order, which must be recognized and if the obligor or 
104.28  the individual obligee resides in this state, a party may 
104.29  request a tribunal of this state to determine which order is 
104.30  controlling and must be recognized under paragraph (b).  The 
104.31  request must be accompanied by a certified copy of every support 
104.32  order in effect.  The requesting party shall give notice of the 
104.33  request to each party whose rights may be affected by the 
104.34  determination. 
104.35     (b) (d) The tribunal that has issued an the controlling 
104.36  order recognized under paragraph (a), (b), or (c) is the 
105.1   tribunal having that has continuing, exclusive 
105.2   jurisdiction under section 518C.205. 
105.3      (e) A tribunal of this state which determines by order the 
105.4   identity of the controlling order under paragraph (b), clause 
105.5   (1) or (2), or which issues a new controlling order under 
105.6   paragraph (b), clause (3), shall state in that order the basis 
105.7   upon which the tribunal made its determination. 
105.8      (f) Within 30 days after issuance of an order determining 
105.9   the identity of the controlling order, the party obtaining the 
105.10  order shall file a certified copy of the order with each 
105.11  tribunal that issued or registered an earlier order of child 
105.12  support.  A party who obtains the order and fails to file a 
105.13  certified copy is subject to appropriate sanctions by a tribunal 
105.14  in which the issue of failure to file arises.  The failure to 
105.15  file does not affect the validity or enforceability of the 
105.16  controlling order. 
105.17     Sec. 79.  Minnesota Statutes 1996, section 518C.301, is 
105.18  amended to read: 
105.19     518C.301 [PROCEEDINGS UNDER THIS CHAPTER.] 
105.20     (a) Except as otherwise provided in this chapter, sections 
105.21  518C.301 to 518C.319 apply to all proceedings under this chapter.
105.22     (b) This chapter provides for the following proceedings: 
105.23     (1) establishment of an order for spousal support or child 
105.24  support pursuant according to section 518C.401; 
105.25     (2) enforcement of a support order and income-withholding 
105.26  order of another state without registration pursuant according 
105.27  to sections section 518C.501 and 518C.502; 
105.28     (3) registration of an order for spousal support or child 
105.29  support of another state for enforcement pursuant according to 
105.30  sections 518C.601 to 518C.612; 
105.31     (4) modification of an order for child support or spousal 
105.32  support issued by a tribunal of this state pursuant according to 
105.33  sections 518C.203 to 518C.206; 
105.34     (5) registration of an order for child support of another 
105.35  state for modification pursuant according to sections 518C.601 
105.36  to 518C.612; 
106.1      (6) determination of parentage pursuant according to 
106.2   section 518C.701; and 
106.3      (7) assertion of jurisdiction over nonresidents pursuant 
106.4   according to sections 518C.201 and 518C.202. 
106.5      (c) An individual petitioner or a support enforcement 
106.6   agency may commence a proceeding authorized under this chapter 
106.7   by filing a petition in an initiating tribunal for forwarding to 
106.8   a responding tribunal or by filing a petition or a comparable 
106.9   pleading directly in a tribunal of another state which has or 
106.10  can obtain personal jurisdiction over the respondent. 
106.11     Sec. 80.  Minnesota Statutes 1996, section 518C.304, is 
106.12  amended to read: 
106.13     518C.304 [DUTIES OF INITIATING TRIBUNAL.] 
106.14     (a) Upon the filing of a petition authorized by this 
106.15  chapter, an initiating tribunal of this state shall forward 
106.16  three copies of the petition and its accompanying documents: 
106.17     (1) to the responding tribunal or appropriate support 
106.18  enforcement agency in the responding state; or 
106.19     (2) if the identity of the responding tribunal is unknown, 
106.20  to the state information agency of the responding state with a 
106.21  request that they be forwarded to the appropriate tribunal and 
106.22  that receipt be acknowledged. 
106.23     (b) If a responding state has not enacted the language in 
106.24  this chapter or a law or procedure substantially similar to this 
106.25  chapter, a tribunal of this state may issue a certificate or 
106.26  other document and make a finding required by the law of the 
106.27  responding state.  If the responding state is a foreign 
106.28  jurisdiction, the tribunal may specify the amount of support 
106.29  sought and provide other documents necessary to satisfy the 
106.30  requirements of the responding state. 
106.31     Sec. 81.  Minnesota Statutes 1996, section 518C.305, is 
106.32  amended to read: 
106.33     518C.305 [DUTIES AND POWERS OF RESPONDING TRIBUNAL.] 
106.34     (a) When a responding tribunal of this state receives a 
106.35  petition or comparable pleading from an initiating tribunal or 
106.36  directly pursuant according to section 518C.301, paragraph (c), 
107.1   it shall cause the petition or pleading to be filed and notify 
107.2   the petitioner by first class mail where and when it was filed. 
107.3      (b) A responding tribunal of this state, to the extent 
107.4   otherwise authorized by law, may do one or more of the following:
107.5      (1) issue or enforce a support order, modify a child 
107.6   support order, or render a judgment to determine parentage; 
107.7      (2) order an obligor to comply with a support order, 
107.8   specifying the amount and the manner of compliance; 
107.9      (3) order income withholding; 
107.10     (4) determine the amount of any arrearages, and specify a 
107.11  method of payment; 
107.12     (5) enforce orders by civil or criminal contempt, or both; 
107.13     (6) set aside property for satisfaction of the support 
107.14  order; 
107.15     (7) place liens and order execution on the obligor's 
107.16  property; 
107.17     (8) order an obligor to keep the tribunal informed of the 
107.18  obligor's current residential address, telephone number, 
107.19  employer, address of employment, and telephone number at the 
107.20  place of employment; 
107.21     (9) issue a bench warrant for an obligor who has failed 
107.22  after proper notice to appear at a hearing ordered by the 
107.23  tribunal and enter the bench warrant in any local and state 
107.24  computer systems for criminal warrants; 
107.25     (10) order the obligor to seek appropriate employment by 
107.26  specified methods; 
107.27     (11) award reasonable attorney's fees and other fees and 
107.28  costs; and 
107.29     (12) grant any other available remedy. 
107.30     (c) A responding tribunal of this state shall include in a 
107.31  support order issued under this chapter, or in the documents 
107.32  accompanying the order, the calculations on which the support 
107.33  order is based. 
107.34     (d) A responding tribunal of this state may not condition 
107.35  the payment of a support order issued under this chapter upon 
107.36  compliance by a party with provisions for visitation. 
108.1      (e) If a responding tribunal of this state issues an order 
108.2   under this chapter, the tribunal shall send a copy of the order 
108.3   by first class mail to the petitioner and the respondent and to 
108.4   the initiating tribunal, if any. 
108.5      Sec. 82.  Minnesota Statutes 1996, section 518C.310, is 
108.6   amended to read: 
108.7      518C.310 [DUTIES OF STATE INFORMATION AGENCY.] 
108.8      (a) The unit within the department of human services that 
108.9   receives and disseminates incoming interstate actions under 
108.10  title IV-D of the Social Security Act from section 518C.02, 
108.11  subdivision 1a, is the state information agency under this 
108.12  chapter. 
108.13     (b) The state information agency shall: 
108.14     (1) compile and maintain a current list, including 
108.15  addresses, of the tribunals in this state which have 
108.16  jurisdiction under this chapter and any support enforcement 
108.17  agencies in this state and transmit a copy to the state 
108.18  information agency of every other state; 
108.19     (2) maintain a register of tribunals and support 
108.20  enforcement agencies received from other states; 
108.21     (3) forward to the appropriate tribunal in the place in 
108.22  this state in which the individual obligee or the obligor 
108.23  resides, or in which the obligor's property is believed to be 
108.24  located, all documents concerning a proceeding under this 
108.25  chapter received from an initiating tribunal or the state 
108.26  information agency of the initiating state; and 
108.27     (4) obtain information concerning the location of the 
108.28  obligor and the obligor's property within this state not exempt 
108.29  from execution, by such means as postal verification and federal 
108.30  or state locator services, examination of telephone directories, 
108.31  requests for the obligor's address from employers, and 
108.32  examination of governmental records, including, to the extent 
108.33  not prohibited by other law, those relating to real property, 
108.34  vital statistics, law enforcement, taxation, motor vehicles, 
108.35  driver's licenses, and social security; and 
108.36     (5) determine which foreign jurisdictions and Indian tribes 
109.1   have substantially similar procedures for issuance and 
109.2   enforcement of support orders.  The state information agency 
109.3   shall compile and maintain a list, including addresses, of all 
109.4   these foreign jurisdictions and Indian tribes.  The state 
109.5   information agency shall make this list available to all state 
109.6   tribunals and all support enforcement agencies. 
109.7      Sec. 83.  Minnesota Statutes 1996, section 518C.401, is 
109.8   amended to read: 
109.9      518C.401 [PETITION TO ESTABLISH SUPPORT ORDER.] 
109.10     (a) If a support order entitled to recognition under this 
109.11  chapter has not been issued, a responding tribunal of this state 
109.12  may issue a support order if: 
109.13     (1) the individual seeking the order resides in another 
109.14  state; or 
109.15     (2) the support enforcement agency seeking the order is 
109.16  located in another state. 
109.17     (b) The tribunal may issue a temporary child support order 
109.18  if: 
109.19     (1) the respondent has signed a verified statement 
109.20  acknowledging parentage; 
109.21     (2) the respondent has been determined by or pursuant to 
109.22  law to be the parent; or 
109.23     (3) there is other clear and convincing evidence that the 
109.24  respondent is the child's parent. 
109.25     (c) Upon a finding, after notice and opportunity to be 
109.26  heard, that an obligor owes a duty of support, the tribunal 
109.27  shall issue a support order directed to the obligor and may 
109.28  issue other orders pursuant according to section 518C.305. 
109.29     Sec. 84.  Minnesota Statutes 1996, section 518C.501, is 
109.30  amended to read: 
109.31     518C.501 [RECOGNITION EMPLOYER'S RECEIPT OF 
109.32  INCOME-WITHHOLDING ORDER OF ANOTHER STATE.] 
109.33     (a) An income-withholding order issued in another state may 
109.34  be sent by first class mail to the person or entity defined as 
109.35  the obligor's employer under section 518.611 or 518.613 without 
109.36  first filing a petition or comparable pleading or registering 
110.1   the order with a tribunal of this state.  Upon receipt of the 
110.2   order, the employer shall: 
110.3      (1) treat an income-withholding order issued in another 
110.4   state which appears regular on its face as if it had been issued 
110.5   by a tribunal of this state; 
110.6      (2) immediately provide a copy of the order to the obligor; 
110.7   and 
110.8      (3) distribute the funds as directed in the withholding 
110.9   order. 
110.10     (b) An obligor may contest the validity or enforcement of 
110.11  an income-withholding order issued in another state in the same 
110.12  manner as if the order had been issued by a tribunal of this 
110.13  state.  Section 518C.604 applies to the contest.  The obligor 
110.14  shall give notice of the contest to any support enforcement 
110.15  agency providing services to the obligee and to: 
110.16     (1) the person or agency designated to receive payments in 
110.17  the income-withholding order; or 
110.18     (2) if no person or agency is designated, the obligee. 
110.19     Sec. 85.  [518C.5021] [EMPLOYER'S COMPLIANCE WITH 
110.20  INCOME-WITHHOLDING ORDER OF ANOTHER STATE.] 
110.21     (a) Upon receipt of an income-withholding order, the 
110.22  obligor's employer shall immediately provide a copy of the order 
110.23  to the obligor.  
110.24     (b) The employer shall treat an income-withholding order 
110.25  issued in another state which appears regular on its face as if 
110.26  it had been issued by a tribunal of this state. 
110.27     (c) Except as otherwise provided in paragraph (d) and 
110.28  section 518C.504, the employer shall withhold and distribute the 
110.29  funds specified in the withholding order by complying with the 
110.30  terms of the order which specify: 
110.31     (1) the duration and amount of periodic payments of current 
110.32  child support, stated as a sum certain; 
110.33     (2) the person or agency designated to receive payments and 
110.34  the address to which the payments are to be forwarded; 
110.35     (3) medical support, whether in the form of periodic cash 
110.36  payment, stated as a sum certain, or ordering the obligor to 
111.1   provide health insurance coverage for the child under a policy 
111.2   available through the obligor's employment; 
111.3      (4) the amount of periodic payments of fees and costs for a 
111.4   support enforcement agency, the issuing tribunal, and the 
111.5   obligee's attorney, stated as sums certain; and 
111.6      (5) the amount of periodic payments of arrearages and 
111.7   interest on arrearages, stated as sums certain. 
111.8      (d) An employer shall comply with the laws of the state of 
111.9   the obligor's principal place of employment for withholding from 
111.10  income with respect to: 
111.11     (1) the employer's fee for processing an income-withholding 
111.12  order; 
111.13     (2) the maximum amount permitted to be withheld from the 
111.14  obligor's income; and 
111.15     (3) the times within which the employer must implement the 
111.16  withholding order and forward the child support payment. 
111.17     Sec. 86.  [518C.503] [COMPLIANCE WITH MULTIPLE 
111.18  INCOME-WITHHOLDING ORDERS.] 
111.19     If an obligor's employer receives multiple 
111.20  income-withholding orders with respect to the earnings of the 
111.21  same obligor, the employer satisfies the terms of the multiple 
111.22  orders if the employer complies with the law of the state of the 
111.23  obligor's principal place of employment to establish the 
111.24  priorities for withholding and allocating income withheld for 
111.25  multiple child support obligees.  
111.26     Sec. 87.  [518C.504] [IMMUNITY FROM CIVIL LIABILITY.] 
111.27     An employer who complies with an income-withholding order 
111.28  issued in another state according to this chapter is not subject 
111.29  to civil liability to an individual or agency with regard to the 
111.30  employer's withholding of child support from the obligor's 
111.31  income. 
111.32     Sec. 88.  [518C.505] [PENALTIES FOR NONCOMPLIANCE.] 
111.33     An employer who willfully fails to comply with an 
111.34  income-withholding order issued by another state and received 
111.35  for enforcement is subject to the same penalties that may be 
111.36  imposed for noncompliance with an order issued by a tribunal of 
112.1   this state. 
112.2      Sec. 89.  [518C.506] [CONTEST BY OBLIGOR.] 
112.3      (a) An obligor may contest the validity or enforcement of 
112.4   an income-withholding order issued in another state and received 
112.5   directly by an employer in this state in the same manner as if 
112.6   the order had been issued by a tribunal of this state.  Section 
112.7   518C.604 applies to the contested order. 
112.8      (b) The obligor shall give notice of the contested order to:
112.9      (1) a support enforcement agency providing services to the 
112.10  obligee; 
112.11     (2) each employer that has directly received an 
112.12  income-withholding order; and 
112.13     (3) the person or agency designated to receive payments in 
112.14  the income-withholding order or if no person or agency is 
112.15  designated, to the obligee. 
112.16     Sec. 90.  [518C.507] [ADMINISTRATIVE ENFORCEMENT OF 
112.17  ORDERS.] 
112.18     (a) A party seeking to enforce a support order or an 
112.19  income-withholding order, or both, issued by a tribunal of 
112.20  another state may send the documents required for registering 
112.21  the order to a support enforcement agency of this state. 
112.22     (b) Upon receipt of the documents, the support enforcement 
112.23  agency, without initially seeking to register the order, shall 
112.24  consider and may use any administrative procedure authorized by 
112.25  the laws of this state to enforce a support order or an 
112.26  income-withholding order, or both.  If the obligor does not 
112.27  contest administrative enforcement, the order need not be 
112.28  registered.  If the obligor contests the validity or 
112.29  administrative enforcement of the order, the support enforcement 
112.30  agency shall register the order under this chapter. 
112.31     Sec. 91.  Minnesota Statutes 1996, section 518C.603, is 
112.32  amended to read: 
112.33     518C.603 [EFFECT OF REGISTRATION FOR ENFORCEMENT.] 
112.34     (a) A support order or income-withholding order issued in 
112.35  another state is registered when the order is filed in the 
112.36  registering tribunal of this state. 
113.1      (b) A registered order issued in another state is 
113.2   enforceable in the same manner and is subject to the same 
113.3   procedures as an order issued by a tribunal of this state. 
113.4      (c) Except as otherwise provided in sections 518C.601 to 
113.5   518C.612 this chapter, a tribunal of this state shall recognize 
113.6   and enforce, but may not modify, a registered order if the 
113.7   issuing tribunal had jurisdiction. 
113.8      Sec. 92.  Minnesota Statutes 1996, section 518C.605, is 
113.9   amended to read: 
113.10     518C.605 [NOTICE OF REGISTRATION OF ORDER.] 
113.11     (a) When a support order or income-withholding order issued 
113.12  in another state is registered, the registering tribunal shall 
113.13  notify the nonregistering party.  Notice must be given by 
113.14  certified or registered mail or by any means of personal service 
113.15  authorized by the law of this state.  The notice must be 
113.16  accompanied by a copy of the registered order and the documents 
113.17  and relevant information accompanying the order. 
113.18     (b) The notice must inform the nonregistering party: 
113.19     (1) that a registered order is enforceable as of the date 
113.20  of registration in the same manner as an order issued by a 
113.21  tribunal of this state; 
113.22     (2) that a hearing to contest the validity or enforcement 
113.23  of the registered order must be requested within 20 days after 
113.24  the date of mailing or personal service of the notice; 
113.25     (3) that failure to contest the validity or enforcement of 
113.26  the registered order in a timely manner will result in 
113.27  confirmation of the order and enforcement of the order and the 
113.28  alleged arrearages and precludes further contest of that order 
113.29  with respect to any matter that could have been asserted; and 
113.30     (4) of the amount of any alleged arrearages. 
113.31     (c) Upon registration of an income-withholding order for 
113.32  enforcement, the registering tribunal shall notify the obligor's 
113.33  employer pursuant according to section 518.611 or 518.613. 
113.34     Sec. 93.  Minnesota Statutes 1996, section 518C.608, is 
113.35  amended to read: 
113.36     518C.608 [CONFIRMED ORDER.] 
114.1      If a contesting party has received notice of registration 
114.2   under section 518C.605, Confirmation of a registered order, 
114.3   whether by operation of law or after notice and hearing, 
114.4   precludes further contest of the order based upon facts that 
114.5   were known by the contesting party at the time of registration 
114.6   with respect to any matter that could have been asserted at the 
114.7   time of registration with respect to any matter that could have 
114.8   been asserted at the time of registration. 
114.9      Sec. 94.  Minnesota Statutes 1996, section 518C.611, is 
114.10  amended to read: 
114.11     518C.611 [MODIFICATION OF CHILD SUPPORT ORDER OF ANOTHER 
114.12  STATE.] 
114.13     (a) After a child support order issued in another state has 
114.14  been registered in this state, the responding tribunal of this 
114.15  state may modify that order only if, section 518C.613 does not 
114.16  apply and after notice and hearing, it finds that: 
114.17     (1) the following requirements are met: 
114.18     (i) the child, the individual obligee, and the obligor do 
114.19  not reside in the issuing state; 
114.20     (ii) a petitioner who is a nonresident of this state seeks 
114.21  modification; and 
114.22     (iii) the respondent is subject to the personal 
114.23  jurisdiction of the tribunal of this state; or 
114.24     (2) an individual party or the child, or a party who is an 
114.25  individual, is subject to the personal jurisdiction of the 
114.26  tribunal of this state and all of the individual parties who are 
114.27  individuals have filed a written consent consents in the issuing 
114.28  tribunal providing that for a tribunal of this state may to 
114.29  modify the support order and assume continuing, exclusive 
114.30  jurisdiction over the order.  However, if the issuing state is a 
114.31  foreign jurisdiction that has not enacted a law or established 
114.32  procedures substantially similar to the procedures in this 
114.33  chapter, the consent otherwise required of an individual 
114.34  residing in this state is not required for the tribunal to 
114.35  assume jurisdiction to modify the child support order.  
114.36     (b) Modification of a registered child support order is 
115.1   subject to the same requirements, procedures, and defenses that 
115.2   apply to the modification of an order issued by a tribunal of 
115.3   this state and the order may be enforced and satisfied in the 
115.4   same manner. 
115.5      (c) A tribunal of this state may not modify any aspect of a 
115.6   child support order that may not be modified under the law of 
115.7   the issuing state.  If two or more tribunals have issued child 
115.8   support orders for the same obligor and child, the order that 
115.9   controls and must be recognized under section 518C.207 
115.10  establishes the aspects of the support order which are 
115.11  nonmodifiable. 
115.12     (d) On issuance of an order modifying a child support order 
115.13  issued in another state, a tribunal of this state becomes the 
115.14  tribunal of continuing, exclusive jurisdiction. 
115.15     (e) Within 30 days after issuance of a modified child 
115.16  support order, the party obtaining the modification shall file a 
115.17  certified copy of the order with the issuing tribunal which had 
115.18  continuing, exclusive jurisdiction over the earlier order, and 
115.19  in each tribunal in which the party knows that earlier order has 
115.20  been registered. 
115.21     Sec. 95.  Minnesota Statutes 1996, section 518C.612, is 
115.22  amended to read: 
115.23     518C.612 [RECOGNITION OF ORDER MODIFIED IN ANOTHER STATE.] 
115.24     A tribunal of this state shall recognize a modification of 
115.25  its earlier child support order by a tribunal of another state 
115.26  which assumed jurisdiction pursuant according to this chapter or 
115.27  a law substantially similar to this chapter and, upon request, 
115.28  except as otherwise provided in this chapter, shall: 
115.29     (1) enforce the order that was modified only as to amounts 
115.30  accruing before the modification; 
115.31     (2) enforce only nonmodifiable aspects of that order; 
115.32     (3) provide other appropriate relief only for violations of 
115.33  that order which occurred before the effective date of the 
115.34  modification; and 
115.35     (4) recognize the modifying order of the other state, upon 
115.36  registration, for the purpose of enforcement. 
116.1      Sec. 96.  [518C.613] [JURISDICTION TO MODIFY CHILD SUPPORT 
116.2   ORDER OF ANOTHER STATE WHEN INDIVIDUAL PARTIES RESIDE IN THIS 
116.3   STATE.] 
116.4      (a) If all of the parties who are individuals reside in 
116.5   this state and the child does not reside in the issuing state, a 
116.6   tribunal of this state has jurisdiction to enforce and to modify 
116.7   the issuing state's child support order in a proceeding to 
116.8   register that order. 
116.9      (b) A tribunal of this state exercising jurisdiction under 
116.10  this section shall apply the provisions of sections 518C.101 to 
116.11  518C.209, and the procedural and substantive laws of this state 
116.12  to the proceeding for enforcement or modification.  Sections 
116.13  518C.301 to 518C.507 and 518C.701 to 518C.802 do not apply. 
116.14     Sec. 97.  [518C.614] [NOTICE TO ISSUING TRIBUNAL OF 
116.15  MODIFICATION.] 
116.16     Within 30 days after issuance of a modified child support 
116.17  order, the party obtaining the modification shall file a 
116.18  certified copy of the order with the issuing tribunal that had 
116.19  continuing, exclusive jurisdiction over the earlier order, and 
116.20  in each tribunal in which the party knows the earlier order has 
116.21  been registered.  A party who obtains the order and fails to 
116.22  file a certified copy is subject to appropriate sanctions by a 
116.23  tribunal in which the issue of failure to file arises.  The 
116.24  failure to file does not affect the validity or enforceability 
116.25  of the modified order of the new tribunal having continuing, 
116.26  exclusive jurisdiction. 
116.27     Sec. 98.  Minnesota Statutes 1996, section 518C.701, is 
116.28  amended to read: 
116.29     518C.701 [PROCEEDING TO DETERMINE PARENTAGE.] 
116.30     (a) A tribunal of this state may serve as an initiating or 
116.31  responding tribunal in a proceeding brought under this chapter 
116.32  or a law or procedure substantially similar to this chapter, or 
116.33  under a law or procedure substantially similar to the uniform 
116.34  reciprocal enforcement of support act, or the revised uniform 
116.35  reciprocal enforcement of support act to determine that the 
116.36  petitioner is a parent of a particular child or to determine 
117.1   that a respondent is a parent of that child. 
117.2      (b) In a proceeding to determine parentage, a responding 
117.3   tribunal of this state shall apply the parentage act, sections 
117.4   257.51 to 257.74, and the rules of this state on choice of law. 
117.5      Sec. 99.  Minnesota Statutes 1996, section 548.091, 
117.6   subdivision 1a, is amended to read: 
117.7      Subd. 1a.  [CHILD SUPPORT JUDGMENT BY OPERATION OF LAW.] 
117.8   (a) Any payment or installment of support required by a judgment 
117.9   or decree of dissolution or legal separation, determination of 
117.10  parentage, an order under chapter 518C, an order under section 
117.11  256.87, or an order under section 260.251, that is not paid or 
117.12  withheld from the obligor's income as required under section 
117.13  518.611 or 518.613, or which is ordered as child support by 
117.14  judgment, decree, or order by a court in any other state, is a 
117.15  judgment by operation of law on and after the date it is due and 
117.16  is entitled to full faith and credit in this state and any other 
117.17  state.  Except as otherwise provided by paragraph (b), interest 
117.18  accrues from the date the unpaid amount due is greater than the 
117.19  current support due at the annual rate provided in section 
117.20  549.09, subdivision 1, plus two percent, not to exceed an annual 
117.21  rate of 18 percent.  A payment or installment of support that 
117.22  becomes a judgment by operation of law between the date on which 
117.23  a party served notice of a motion for modification under section 
117.24  518.64, subdivision 2, and the date of the court's order on 
117.25  modification may be modified under that subdivision. 
117.26     (b) Notwithstanding the provisions of section 549.09, upon 
117.27  motion to the court and upon proof by the obligor of 36 
117.28  consecutive months of complete and timely payments of both 
117.29  current support and court-ordered paybacks of a child support 
117.30  debt or arrearage, the court may order interest on the remaining 
117.31  debt or arrearage to stop accruing.  Timely payments are those 
117.32  made in the month in which they are due.  If, after that time, 
117.33  the obligor fails to make complete and timely payments of both 
117.34  current support and court-ordered paybacks of child support debt 
117.35  or arrearage, the public authority or the obligee may move the 
117.36  court for the reinstatement of interest as of the month in which 
118.1   the obligor ceased making complete and timely payments. 
118.2      The court shall provide copies of all orders issued under 
118.3   this section to the public authority.  The commissioner of human 
118.4   services shall prepare and make available to the court and the 
118.5   parties forms to be submitted by the parties in support of a 
118.6   motion under this paragraph. 
118.7      Sec. 100.  Minnesota Statutes 1996, section 548.091, 
118.8   subdivision 2a, is amended to read: 
118.9      Subd. 2a.  [DOCKETING OF CHILD SUPPORT JUDGMENT.] On or 
118.10  after the date an unpaid amount becomes a judgment by operation 
118.11  of law under subdivision 1a, the obligee or the public authority 
118.12  may file with the court administrator, either electronically or 
118.13  by other means: 
118.14     (1) a statement identifying, or a copy of, the judgment or 
118.15  decree of dissolution or legal separation, determination of 
118.16  parentage, order under chapter 518C, an order under section 
118.17  256.87, or an order under section 260.251, or judgment, decree, 
118.18  or order for child support by a court in any other state, which 
118.19  provides for installment or periodic payments installments of 
118.20  child support, or a judgment or notice of attorney fees and 
118.21  collection costs under section 518.14, subdivision 2; 
118.22     (2) an affidavit of default.  The affidavit of default must 
118.23  state the full name, occupation, place of residence, and last 
118.24  known post office address of the obligor, the name and post 
118.25  office address of the obligee, the date or dates payment was due 
118.26  and not received and judgment was obtained by operation of law, 
118.27  and the total amount of the judgments to the date of filing, and 
118.28  the amount and frequency of the periodic installments of child 
118.29  support that will continue to become due and payable subsequent 
118.30  to the date of filing; and 
118.31     (3) an affidavit of service of a notice of entry of 
118.32  judgment or notice of intent to docket judgment and to recover 
118.33  attorney fees and collection costs on the obligor, in person or 
118.34  by mail at the obligor's last known post office address.  
118.35  Service is completed upon mailing in the manner designated. 
118.36  Where applicable, a notice of interstate lien in the form 
119.1   promulgated under United States Code, title 42, section 652(a), 
119.2   is sufficient to satisfy the requirements of clauses (1) and (2).
119.3      Sec. 101.  Minnesota Statutes 1996, section 548.091, 
119.4   subdivision 3a, is amended to read: 
119.5      Subd. 3a.  [ENTRY, DOCKETING, AND SURVIVAL OF CHILD SUPPORT 
119.6   JUDGMENT.] Upon receipt of the documents filed under subdivision 
119.7   2a, the court administrator shall enter and docket the judgment 
119.8   in the amount of the default specified in the affidavit of 
119.9   default unpaid obligation identified in the affidavit of default 
119.10  and note the amount and frequency of the periodic installments 
119.11  of child support that will continue to become due and payable 
119.12  after the date of docketing.  From the time of docketing, the 
119.13  judgment is a lien upon all the real property in the county 
119.14  owned by the judgment debtor, but it is not a lien on registered 
119.15  land unless the obligee or the public authority causes a notice 
119.16  of judgment lien or certified copy of the judgment to be 
119.17  memorialized on the certificate of title or certificate of 
119.18  possessory title under section 508.63 or 508A.63.  The judgment 
119.19  survives and the lien continues for ten years after the date the 
119.20  judgment was docketed.  Child support judgments may be renewed 
119.21  by service of notice upon the debtor.  Service shall be by 
119.22  certified mail at the last known address of the debtor or in the 
119.23  manner provided for the service of civil process.  Upon the 
119.24  filing of the notice and proof of service the court 
119.25  administrator shall renew the judgment for child support without 
119.26  any additional filing fee. 
119.27     Sec. 102.  Minnesota Statutes 1996, section 548.091, is 
119.28  amended by adding a subdivision to read: 
119.29     Subd. 5.  [AUTOMATIC INCREASES; SATISFACTION.] After 
119.30  docketing and until satisfied by the obligee, public authority, 
119.31  or the court administrator, the amount of the docketed judgment 
119.32  automatically increases by the total amount of periodic 
119.33  installments of child support that became due and payable 
119.34  subsequent to the date of docketing, plus attorney's fees and 
119.35  collection costs incurred by the public authority, and less any 
119.36  payment made by the obligor to partially satisfy the docketed 
120.1   judgment.  The court administrator shall not satisfy any child 
120.2   support judgment without first obtaining a written judgment 
120.3   payoff statement from the public authority or obligee.  If no 
120.4   such statement can be obtained within two business days, the 
120.5   court administrator shall only satisfy the judgment if the 
120.6   amount paid to the court administrator equals the judgment 
120.7   amount plus interest and costs, and the amount of the periodic 
120.8   installment times the number of payments due since the date of 
120.9   docketing of the judgment.  
120.10     Sec. 103.  Minnesota Statutes 1996, section 548.091, is 
120.11  amended by adding a subdivision to read: 
120.12     Subd. 6.  [NOTE ON JUDGMENT ROLL.] The court administrator 
120.13  shall note on the judgment roll which judgments are filed 
120.14  pursuant to this section and the amount and frequency of the 
120.15  periodic installment of child support that will continue to 
120.16  become due and payable after the date of docketing.  
120.17     Sec. 104.  Minnesota Statutes 1996, section 548.091, is 
120.18  amended by adding a subdivision to read: 
120.19     Subd. 7.  [FEES.] The public authority is exempt from 
120.20  payment of fees when a judgment is docketed or a certified copy 
120.21  of a judgment is issued by a court administrator, or a notice of 
120.22  judgment lien or a certified copy of a judgment is presented to 
120.23  a registrar of titles for recording.  If a notice or certified 
120.24  copy is recorded by the public authority under this subdivision, 
120.25  the registrar of titles may collect from a party presenting for 
120.26  recording a satisfaction or release of the notice or certified 
120.27  copy, the fees for recording and memorializing both the notice 
120.28  or certified copy and the satisfaction or release. 
120.29     Sec. 105.  Minnesota Statutes 1996, section 548.091, is 
120.30  amended by adding a subdivision to read: 
120.31     Subd. 8.  [REGISTERED LAND.] If requested by the public 
120.32  authority and upon the public authority's providing a notice of 
120.33  judgment lien or a certified copy of a judgment for child 
120.34  support debt, together with a street address, tax parcel 
120.35  identifying number, or a legal description for a parcel of real 
120.36  property, the county recorder shall search the registered land 
121.1   records in that county and cause the notice of judgment lien or 
121.2   certified copy of the judgment to be memorialized on every 
121.3   certificate of title or certificate of possessory title of 
121.4   registered land in that county that can be reasonably identified 
121.5   as owned by the obligor who is named on a docketed judgment.  
121.6   The fees for memorializing the lien or judgment must be paid in 
121.7   the manner prescribed by subdivision 7.  The county recorders 
121.8   and their employees and agents are not liable for any loss or 
121.9   damages arising from failure to identify a parcel of registered 
121.10  land owned by the obligor who is named on the docketed judgment. 
121.11     Sec. 106.  Minnesota Statutes 1996, section 548.091, is 
121.12  amended by adding a subdivision to read: 
121.13     Subd. 9.  [PAYOFF STATEMENT.] The public authority shall 
121.14  issue to the obligor, attorneys, lenders, and closers, or their 
121.15  agents, a payoff statement setting forth conclusively the amount 
121.16  necessary to satisfy the lien.  Payoff statements must be issued 
121.17  within three business days after receipt of a request by mail, 
121.18  personal delivery, telefacsimile, or e-mail transmission, and 
121.19  must be delivered to the requester by telefacsimile or e-mail 
121.20  transmission if requested and if appropriate technology is 
121.21  available to the public authority. 
121.22     Sec. 107.  Minnesota Statutes 1996, section 548.091, is 
121.23  amended by adding a subdivision to read: 
121.24     Subd. 10.  [RELEASE OF LIEN.] Upon payment of the amount 
121.25  due under subdivision 5, the public authority shall execute and 
121.26  deliver a satisfaction of the judgment lien within five business 
121.27  days. 
121.28     Sec. 108.  Minnesota Statutes 1996, section 548.091, is 
121.29  amended by adding a subdivision to read: 
121.30     Subd. 11.  [SPECIAL PROCEDURES.] The public authority shall 
121.31  maintain sufficient staff available to negotiate a release of 
121.32  lien on specific property for less than the full amount due 
121.33  where the proceeds of a sale or financing, less reasonable and 
121.34  necessary closing expenses, are not sufficient to satisfy all 
121.35  encumbrances on the liened property.  Partial releases do not 
121.36  release the obligor's personal liability for the amount unpaid. 
122.1      Sec. 109.  Minnesota Statutes 1996, section 548.091, is 
122.2   amended by adding a subdivision to read: 
122.3      Subd. 12.  [CORRECTING ERRORS.] The public authority shall 
122.4   maintain a process to review the identity of the obligor and to 
122.5   issue releases of lien in cases of misidentification.  The 
122.6   public authority shall maintain a process to review the amount 
122.7   of child support determined to be delinquent and to issue 
122.8   amended notices of judgment lien in cases of incorrectly 
122.9   docketed judgments. 
122.10     Sec. 110.  Minnesota Statutes 1996, section 548.091, is 
122.11  amended by adding a subdivision to read: 
122.12     Subd. 13.  [FORMS.] The department of human services, after 
122.13  consultation with registrars of title, shall prescribe the 
122.14  Notice of Judgment Lien.  These forms are not subject to chapter 
122.15  14. 
122.16     Sec. 111.  Minnesota Statutes 1996, section 550.37, 
122.17  subdivision 24, is amended to read: 
122.18     Subd. 24.  [EMPLOYEE BENEFITS.] (a) The debtor's right to 
122.19  receive present or future payments, or payments received by the 
122.20  debtor, under a stock bonus, pension, profit sharing, annuity, 
122.21  individual retirement account, individual retirement annuity, 
122.22  simplified employee pension, or similar plan or contract on 
122.23  account of illness, disability, death, age, or length of service:
122.24     (1) to the extent the plan or contract is described in 
122.25  section 401(a), 403, 408, or 457 of the Internal Revenue Code of 
122.26  1986, as amended, or payments under the plan or contract are or 
122.27  will be rolled over as provided in section 402(a)(5), 403(b)(8), 
122.28  or 408(d)(3) of the Internal Revenue Code of 1986, as amended; 
122.29  or 
122.30     (2) to the extent of the debtor's aggregate interest under 
122.31  all plans and contracts up to a present value of $30,000 and 
122.32  additional amounts under all the plans and contracts to the 
122.33  extent reasonably necessary for the support of the debtor and 
122.34  any spouse or dependent of the debtor.  
122.35     (b) The exemptions in paragraph (a) do not apply when the 
122.36  debt is owed under a support order as defined in section 518.54, 
123.1   subdivision 4a. 
123.2      Sec. 112.  [552.01] [DEFINITIONS.] 
123.3      Subdivision 1.  [SCOPE.] The definitions in this section 
123.4   apply to this chapter. 
123.5      Subd. 2.  [CLAIM.] "Claim" means the unpaid balance of the 
123.6   public authority's judgment against the judgment debtor, 
123.7   including all lawful interest and costs incurred. 
123.8      Subd. 3.  [FINANCIAL INSTITUTION.] "Financial institution" 
123.9   means all entities identified in section 13B.06. 
123.10     Subd. 4.  [JUDGMENT DEBTOR.] "Judgment debtor" means a 
123.11  party against whom the public authority has a judgment for the 
123.12  recovery of money resulting from unpaid child support. 
123.13     Subd. 5.  [PUBLIC AUTHORITY.] "Public authority" means the 
123.14  public authority responsible for child support enforcement. 
123.15     Subd. 6.  [THIRD PARTY.] "Third party" means the person or 
123.16  entity upon whom the execution levy is served. 
123.17     Sec. 113.  [552.02] [PUBLIC AUTHORITY'S SUMMARY EXECUTION 
123.18  OF CHILD SUPPORT JUDGMENT DEBTS; WHEN AUTHORIZED.] 
123.19     The public authority may execute on a money judgment 
123.20  resulting from unpaid child support by levying under this 
123.21  chapter on indebtedness owed to the judgment debtor by a third 
123.22  party.  The public authority may execute under this chapter upon 
123.23  service of a notice of child support judgment levy for which the 
123.24  seal of the court is not required. 
123.25     Sec. 114.  [552.03] [SCOPE OF GENERAL AND SPECIFIC 
123.26  PROVISIONS.] 
123.27     General provisions relating to the public authority's 
123.28  summary execution as authorized in this chapter are set forth in 
123.29  section 552.04.  Specific provisions relating to summary 
123.30  execution on funds at a financial institution are set forth in 
123.31  section 552.05.  When the public authority levies against funds 
123.32  at a financial institution, the specific provisions of section 
123.33  552.05 must be complied with in addition to the general 
123.34  provisions of section 552.04.  Provisions contained in the 
123.35  statutory forms are incorporated in this chapter and have the 
123.36  same force of law as any other provisions in this chapter.  
124.1      Sec. 115.  [552.04] [GENERAL PROVISIONS.] 
124.2      Subdivision 1.  [RULES OF CIVIL PROCEDURE.] Unless this 
124.3   chapter specifically provides otherwise, the Minnesota Rules of 
124.4   Civil Procedure for the District Courts apply in all proceedings 
124.5   under this chapter.  
124.6      Subd. 2.  [PROPERTY ATTACHABLE BY SERVICE OF LIEN 
124.7   NOTICE.] Subject to the exemptions provided by subdivision 3 and 
124.8   section 550.37, and any other applicable statute, the service by 
124.9   the public authority of a notice of child support judgment levy 
124.10  under this chapter attaches all nonexempt indebtedness or money 
124.11  due or belonging to the judgment debtor and owing by the third 
124.12  party or in the possession or under the control of the third 
124.13  party at the time of service of the notice of child support 
124.14  judgment levy, whether or not the indebtedness or money has 
124.15  become payable.  The third party shall not be compelled to pay 
124.16  or deliver the same before the time specified by any agreement 
124.17  unless the agreement was fraudulently contracted to defeat an 
124.18  execution levy or other collection remedy. 
124.19     Subd. 3.  [PROPERTY NOT ATTACHABLE.] The following property 
124.20  is not subject to attachment by a notice of child support 
124.21  judgment levy served under this chapter:  
124.22     (1) any indebtedness or money due to the judgment debtor, 
124.23  unless at the time of the service of the notice of child support 
124.24  judgment levy the same is due absolutely or does not depend upon 
124.25  any contingency; 
124.26     (2) any judgment owing by the third party to the judgment 
124.27  debtor, if the third party or the third party's property is 
124.28  liable on an execution levy upon the judgment; 
124.29     (3) any debt owing by the third party to the judgment 
124.30  debtor for which any negotiable instrument has been issued or 
124.31  endorsed by the third party; 
124.32     (4) any indebtedness or money due to the judgment debtor 
124.33  with a cumulative value of less than $10; and 
124.34     (5) any disposable earnings, indebtedness, or money that is 
124.35  exempt under state or federal law.  
124.36     Subd. 4.  [SERVICE OF THIRD-PARTY LEVY; NOTICE AND 
125.1   DISCLOSURE FORMS.] When levying upon money owed to the judgment 
125.2   debtor by a third party, the public authority shall serve a copy 
125.3   of the notice of child support judgment levy upon the third 
125.4   party either by registered or certified mail, or by personal 
125.5   service.  Along with a copy of the notice of child support 
125.6   judgment levy, the public authority shall serve upon the third 
125.7   party a notice of third-party levy and disclosure form that must 
125.8   be substantially in the form set forth below. 
125.9                 OFFICE OF ADMINISTRATIVE HEARINGS
125.10                               File No. ...........
125.11  ........ (Public authority)
125.12  against                        NOTICE OF THIRD PARTY
125.13  ........ (Judgment Debtor)     LEVY AND DISCLOSURE
125.14  and                            (OTHER THAN EARNINGS)
125.15  ........ (Third Party)
125.16     PLEASE TAKE NOTICE that pursuant to Minnesota Statutes, 
125.17  chapter 552, the undersigned, as representative of the public 
125.18  authority responsible for child support enforcement, makes 
125.19  demand and levies execution upon all money due and owing by you 
125.20  to the judgment debtor for the amount of the judgment specified 
125.21  below.  A copy of the notice of child support judgment levy is 
125.22  enclosed.  The unpaid judgment balance is $...... 
125.23     In responding to this levy, you are to complete the 
125.24  attached disclosure form and mail it to the public authority, 
125.25  together with your check payable to the public authority, for 
125.26  the nonexempt amount owed by you to the judgment debtor or for 
125.27  which you are obligated to the judgment debtor, within the time 
125.28  limits in chapter 552. 
125.29     Two exemption notices are also enclosed pursuant to 
125.30  Minnesota Statutes, section 552.02. 
125.31                       Public Authority
125.32                        Address
125.33                        (........)
125.34                        Phone number
125.35     
125.36                            DISCLOSURE
125.37     On the ... day of ......, 19..., the time of service of the 
125.38  execution levy herein, there was due and owing the judgment 
125.39  debtor from the third party the following: 
125.40     (1) Money.  Enter on the line below any amounts due and 
126.1   owing the judgment debtor, except earnings, from the third party.
126.2      ......................... 
126.3      (2) Setoff.  Enter on the line below the amount of any 
126.4   setoff, defense, lien, or claim which the third party claims 
126.5   against the amount set forth on line (1).  State the facts by 
126.6   which the setoff, defense, lien, or claim is claimed.  (Any 
126.7   indebtedness to you incurred by the judgment debtor within ten 
126.8   days prior to the receipt of the first execution levy on a debt 
126.9   may not be claimed as a setoff, defense, lien, or claim against 
126.10  the amount set forth on line (1).) 
126.11     ......................... 
126.12     (3) Exemption.  Enter on the line below any amounts or 
126.13  property claimed by the judgment debtor to be exempt from 
126.14  execution. 
126.15     ......................... 
126.16     (4) Adverse Interest.  Enter on the line below any amounts 
126.17  claimed by other persons by reason of ownership or interest in 
126.18  the judgment debtor's property. 
126.19     ......................... 
126.20     (5) Enter on the line below the total of lines (2), (3), 
126.21  and (4). 
126.22     .........................  
126.23     (6) Enter on the line below the difference obtained (never 
126.24  less than zero when line (5) is subtracted from the amount on 
126.25  line (1)).  
126.26     ......................... 
126.27     (7) Enter on the line below 100 percent of the amount of 
126.28  the public authority 's claim which remains unpaid.  
126.29     ......................... 
126.30     (8) Enter on the line below the lesser of line (6) and line 
126.31  (7).  You are instructed to remit this amount only if it is $10 
126.32  or more.  
126.33     ......................... 
126.34                           AFFIRMATION
126.35     I, .......... (person signing Affirmation), am the third 
126.36  party or I am authorized by the third party to complete this 
127.1   nonearnings disclosure, and have done so truthfully and to the 
127.2   best of my knowledge. 
127.3   Dated:..........                Signature
127.4                                    ..........
127.5                                    Title
127.6                                    ..........
127.7                                    Telephone Number
127.8      Subd. 5.  [THIRD-PARTY DISCLOSURE AND REMITTANCE.] Within 
127.9   15 days after receipt of the notice of child support judgment 
127.10  levy, unless governed by section 552.05, the third party shall 
127.11  disclose and remit to the public authority as much of the amount 
127.12  due as the third party's own debt equals to the judgment debtor. 
127.13     Subd. 6.  [ORAL DISCLOSURE.] Before or after the service of 
127.14  a written disclosure by a third party under subdivision 5, upon 
127.15  a showing by affidavit upon information and belief that an oral 
127.16  examination of the third party would provide a complete 
127.17  disclosure of relevant facts, any party to the execution 
127.18  proceedings may obtain an ex parte order requiring the third 
127.19  party, or a representative of the third party designated by name 
127.20  or by title, to appear for oral examination before the court or 
127.21  a referee appointed by the court.  Notice of the examination 
127.22  must be given to all parties. 
127.23     Subd. 7.  [SUPPLEMENTAL COMPLAINT.] If a third party holds 
127.24  property, money, earnings, or other indebtedness by a title that 
127.25  is void as to the judgment debtor's creditors, the property may 
127.26  be levied on although the judgment debtor would be barred from 
127.27  maintaining an action to recover the property, money, earnings, 
127.28  or other indebtedness.  In this and all other cases where the 
127.29  third party denies liability, the public authority may move the 
127.30  court at any time before the third party is discharged, on 
127.31  notice to both the judgment debtor and the third party for an 
127.32  order making the third party a party to supplemental action and 
127.33  granting the public authority leave to file a supplemental 
127.34  complaint against the third party and the judgment debtor.  The 
127.35  supplemental complaint shall set forth the facts upon which the 
127.36  public authority claims to charge the third party.  If probable 
127.37  cause is shown, the motion shall be granted.  The supplemental 
127.38  complaint shall be served upon the third party and the judgment 
128.1   debtor and any other parties.  The parties served shall answer 
128.2   or respond pursuant to the Minnesota Rules of Civil Procedure 
128.3   for the District Courts, and if they fail to do so, judgment by 
128.4   default may be entered against them.  
128.5      Subd. 8.  [JUDGMENT AGAINST THIRD PARTY UPON FAILURE TO 
128.6   DISCLOSE OR REMIT.] Judgment may be entered against a third 
128.7   party who has been served with a notice of child support 
128.8   judgment levy and fails to disclose or remit the levied funds as 
128.9   required in this chapter.  Upon order to show cause served on 
128.10  the third party and notice of motion supported by affidavit of 
128.11  facts and affidavit of service upon both the judgment debtor and 
128.12  third party, the court may render judgment against the third 
128.13  party for an amount not exceeding 100 percent of the amount 
128.14  claimed in the execution.  Judgment against the third party 
128.15  under this section shall not bar the public authority from 
128.16  further remedies under this chapter as a result of any 
128.17  subsequent defaults by the third party.  The court upon good 
128.18  cause shown may remove the default and permit the third party to 
128.19  disclose or remit on just terms.  
128.20     Subd. 9.  [SATISFACTION.] Upon expiration, the public 
128.21  authority making the execution shall file a partial satisfaction 
128.22  by amount or the total satisfaction with the court administrator 
128.23  without charge.  
128.24     Subd. 10.  [THIRD-PARTY GOOD FAITH REQUIREMENT.] The third 
128.25  party is not liable to the judgment debtor, public authority, or 
128.26  other person for wrongful retention if the third party retains 
128.27  or remits disposable earnings, indebtedness, or money of the 
128.28  judgment debtor or any other person, pending the third party's 
128.29  disclosure or consistent with the disclosure the third party 
128.30  makes, if the third party has a good faith belief that the 
128.31  property retained or remitted is subject to the execution.  In 
128.32  addition, the third party may, at any time before or after 
128.33  disclosure, proceed under Rule 67 of the Minnesota Rules of 
128.34  Civil Procedure to make deposit into court.  No third party is 
128.35  liable for damages if the third party complies with the 
128.36  provisions of this chapter.  
129.1      Subd. 11.  [BAD FAITH CLAIM.] If, in a proceeding brought 
129.2   under section 552.05, subdivision 9, or a similar proceeding 
129.3   under this chapter to determine a claim of exemption, the claim 
129.4   of exemption is not upheld, and the court finds that it was 
129.5   asserted in bad faith, the public authority shall be awarded 
129.6   actual damages, costs, reasonable attorney's fees resulting from 
129.7   the additional proceedings, and an amount not to exceed $100.  
129.8   If the claim of exemption is upheld, and the court finds that 
129.9   the public authority disregarded the claim of exemption in bad 
129.10  faith, the judgment debtor shall be awarded actual damages, 
129.11  costs, reasonable attorney's fees resulting from the additional 
129.12  proceedings, and an amount not to exceed $100.  The underlying 
129.13  judgment shall be modified to reflect assessment of damages, 
129.14  costs, and attorney's fees.  However, if the party in whose 
129.15  favor a penalty assessment is made is not actually indebted to 
129.16  that party's attorney for fees, the attorney's fee award shall 
129.17  be made directly to the attorney, and if not paid, an 
129.18  appropriate judgment in favor of the attorney shall be entered.  
129.19  Any action by a public authority made in bad faith and in 
129.20  violation of this chapter renders the execution levy void and 
129.21  the public authority liable to the judgment debtor named in the 
129.22  execution levy in the amount of $100, actual damages, and 
129.23  reasonable attorney's fees and costs.  
129.24     Subd. 12.  [DISCHARGE OF A THIRD PARTY.] Subject to 
129.25  subdivisions 6 and 13, the third party, after disclosure, shall 
129.26  be discharged of any further obligation to the public authority 
129.27  when one of the following conditions is met:  
129.28     (a) The third party discloses that the third party is not 
129.29  indebted to the judgment debtor or does not possess any 
129.30  earnings, property, money, or indebtedness belonging to the 
129.31  judgment debtor that is attachable as defined in subdivision 2.  
129.32  The disclosure is conclusive against the public authority and 
129.33  discharges the third party from any further obligation to the 
129.34  public authority other than to retain and remit all nonexempt 
129.35  disposable earnings, property, indebtedness, or money of the 
129.36  judgment debtor which was disclosed.  
130.1      (b) The third party discloses that the third party is 
130.2   indebted to the judgment debtor as indicated on the execution 
130.3   disclosure form.  The disclosure is conclusive against the 
130.4   public authority and discharges the third party from any further 
130.5   obligation to the public authority other than to retain and 
130.6   remit all nonexempt disposable earnings, property, indebtedness, 
130.7   or money of the judgment debtor that was disclosed. 
130.8      (c) The court may, upon motion of an interested person, 
130.9   discharge the third party as to any disposable earnings, money, 
130.10  property, or indebtedness in excess of the amount that may be 
130.11  required to satisfy the public authority's claim.  
130.12     Subd. 13.  [EXCEPTIONS TO DISCHARGE OF A THIRD PARTY.] The 
130.13  third party is not discharged if:  
130.14     (a) Within 20 days of the service of the third party's 
130.15  disclosure, an interested person serves a motion relating to the 
130.16  execution levy.  The hearing on the motion must be scheduled to 
130.17  be heard within 30 days of the service of the motion.  
130.18     (b) The public authority moves the court for leave to file 
130.19  a supplemental complaint against the third party, as provided 
130.20  for in subdivision 7, and the court upon proper showing vacates 
130.21  the discharge of the third party.  
130.22     Subd. 14.  [JOINDER AND INTERVENTION BY PERSONS IN 
130.23  INTEREST.] If it appears that a person, who is not a party to 
130.24  the action, has or claims an interest in any of the disposable 
130.25  earnings, other indebtedness, or money, the court shall permit 
130.26  that person to intervene or join in the execution proceeding 
130.27  under this chapter.  If that person does not appear, the court 
130.28  may summon that person to appear or order the claim barred.  The 
130.29  person so appearing or summoned shall be joined as a party and 
130.30  be bound by the judgment.  
130.31     Subd. 15.  [APPEAL.] A party to an execution proceeding 
130.32  aggrieved by an order or final judgment may appeal as in other 
130.33  civil cases.  
130.34     Subd. 16.  [PRIORITY OF LEVY.] Notwithstanding section 
130.35  52.12, a levy by the public authority made under this section on 
130.36  an obligor's funds on deposit in a financial institution located 
131.1   in this state has priority over any unexercised right of setoff 
131.2   of the financial institution to apply the levied funds toward 
131.3   the balance of an outstanding loan or loans owed by the obligor 
131.4   to the financial institution.  A claim by the financial 
131.5   institution that it exercised its right to setoff prior to the 
131.6   levy by the public authority must be substantiated by evidence 
131.7   of the date of the setoff and must be verified by the sworn 
131.8   statement of a responsible corporate officer of the financial 
131.9   institution.  For purposes of determining the priority of a levy 
131.10  made under this section, the levy must be treated as if it were 
131.11  an execution made under chapter 550. 
131.12     Sec. 116. [552.05] [SUMMARY EXECUTION UPON FUNDS AT 
131.13  FINANCIAL INSTITUTION.] 
131.14     Subdivision 1.  [PROCEDURE.] In addition to the provisions 
131.15  of section 552.04, when levying upon funds at a financial 
131.16  institution, this section must be complied with.  If the notice 
131.17  of child support judgment levy is being used by the public 
131.18  authority to levy funds of a judgment debtor who is a natural 
131.19  person and if the funds to be levied are held on deposit at any 
131.20  financial institution, the public authority shall serve with the 
131.21  notice of child support judgment levy and summary execution two 
131.22  copies of an exemption notice.  The notice must be substantially 
131.23  in the form determined by the public authority.  Failure of the 
131.24  public authority to send the exemption notice renders the 
131.25  execution levy void, and the financial institution shall take no 
131.26  action.  Upon receipt of the notice of child support judgment 
131.27  levy and exemption notices, the financial institution shall 
131.28  retain as much of the amount due as the financial institution 
131.29  has on deposit owing to the judgment debtor, but not more than 
131.30  100 percent of the amount remaining due on the judgment.  
131.31     The notice informing a judgment debtor that an execution 
131.32  levy has been used by the public authority to attach funds of 
131.33  the judgment debtor to satisfy a claim must be substantially in 
131.34  the form determined by the public authority.  
131.35     Subd. 2.  [EFFECT OF EXEMPTION NOTICE.] Within two business 
131.36  days after receipt of the execution levy and exemption notices, 
132.1   the financial institution shall serve upon the judgment debtor 
132.2   two copies of the exemption notice.  The financial institution 
132.3   shall serve the notice by first class mail to the last known 
132.4   address of the judgment debtor.  If no claim of exemption is 
132.5   received by the financial institution within 14 days after the 
132.6   exemption notices are mailed to the judgment debtor, the funds 
132.7   remain subject to the execution levy and shall be remitted to 
132.8   the public authority within seven days.  If the judgment debtor 
132.9   elects to claim an exemption, the judgment debtor shall complete 
132.10  the exemption notice, sign it under penalty of perjury, and 
132.11  deliver one copy to the financial institution and one copy to 
132.12  the public authority within 14 days of the date postmarked on 
132.13  the correspondence mailed to the judgment debtor containing the 
132.14  exemption notices.  Failure of the judgment debtor to deliver 
132.15  the executed exemption notice does not constitute a waiver of 
132.16  any claimed right to an exemption.  Upon timely receipt of a 
132.17  claim of exemption, funds not claimed to be exempt by the 
132.18  judgment debtor remain subject to the execution levy.  All money 
132.19  claimed to be exempt shall be released to the judgment debtor 
132.20  upon the expiration of seven days after the date postmarked on 
132.21  the envelope containing the executed exemption notice mailed to 
132.22  the financial institution, or the date of personal delivery of 
132.23  the executed exemption notice to the financial institution, 
132.24  unless within that time the public authority interposes an 
132.25  objection to the exemption.  
132.26     Subd. 3.  [OBJECTION TO EXEMPTION CLAIM.] Objection shall 
132.27  be interposed by mailing or delivering one copy of the written 
132.28  objection to the financial institution and one copy of the 
132.29  written objection to the judgment debtor along with a copy of 
132.30  the judgment debtor's claimed exemption form.  Both copies of an 
132.31  objection to an exemption claim shall be mailed or delivered on 
132.32  the same date.  The financial institution may rely on the date 
132.33  of mailing or delivery of a notice to it in computing any time 
132.34  periods in this section.  The written objection must be 
132.35  substantially in the form specified in subdivision 5.  
132.36     Subd. 4.  [DUTIES OF FINANCIAL INSTITUTION IF OBJECTION IS 
133.1   MADE TO EXEMPTION CLAIM.] Upon receipt of a written objection 
133.2   from the public authority within the specified seven-day period, 
133.3   the financial institution shall retain the funds claimed to be 
133.4   exempt.  Unless the financial institution receives a request for 
133.5   hearing and notice of hearing from the judgment debtor asserting 
133.6   exemption rights within ten days after receipt of a written 
133.7   objection to the exemption, the funds remain subject to the 
133.8   execution levy as if no claim of exemption had been made and 
133.9   shall be remitted to the public authority within seven days.  If 
133.10  a request for hearing and notice of hearing to determine the 
133.11  validity of a claim of exemption is received by the financial 
133.12  institution within the period provided, it shall retain the 
133.13  funds claimed to be exempt until otherwise ordered by the court. 
133.14     Subd. 5.  [NOTICE OF OBJECTION.] (a) The written objection 
133.15  to the judgment debtor's claim of exemption must be in 
133.16  substantially the following form:  
133.17                OFFICE OF ADMINISTRATIVE HEARINGS
133.18  ....... (Public authority)       OBJECTION TO
133.19  ....... (Judgment Debtor)         EXEMPTION CLAIM
133.20  ....... (Garnishee)(Third Party)
133.21     The public authority objects to your claim for exemption 
133.22  from levy of execution for the following reason(s): 
133.23     .................... 
133.24     .................... 
133.25     .................... 
133.26     Because of this objection, your financial institution will 
133.27  retain the funds you claimed to be exempt for an additional ten 
133.28  days.  If you wish to request a hearing on your exemption claim, 
133.29  you should do so within ten days of your receipt of this 
133.30  objection.  You may request a hearing by completing the attached 
133.31  form and filing it with the office of administrative hearings. 
133.32     (1) The office of administrative hearings shall provide 
133.33  clerical assistance to help with the writing and filing of a 
133.34  Request for Hearing by any person not represented by counsel.  
133.35  The office of administrative hearings may charge a fee of $1.00 
133.36  for the filing of a Request for Hearing. 
133.37     (2) Upon the filing of a Request for Hearing, the office of 
134.1   administrative hearings shall schedule the matter for a hearing 
134.2   no later than five business days from the date of filing.  The 
134.3   office of administrative hearings shall promptly send a 
134.4   completed copy of the request, including the hearing date, time, 
134.5   and place to the adverse party and to the financial institution 
134.6   by first class mail. 
134.7      (3) If it is possible that the financial institution might 
134.8   not receive the requested mailed form mailed from the court 
134.9   administrator within ten days, then you may want to personally 
134.10  deliver a copy of the request to the financial institution after 
134.11  you have filed your request with the office of administrative 
134.12  hearings. 
134.13     (4) An order stating whether your funds are exempt shall be 
134.14  issued by the office of administrative hearings within three 
134.15  days of the date of the hearing. 
134.16     If you do not file a Request for Hearing within ten days of 
134.17  the date you receive this objection, your financial institution 
134.18  may turn your funds over to the public authority. 
134.19     If you file a Request for Hearing and your financial 
134.20  institution receives it within ten days of the date it received 
134.21  this objection, your financial institution will retain your 
134.22  funds claimed to be exempt until otherwise ordered by the office 
134.23  of administrative hearings. 
134.24  ...........
134.25  Attorney for Public Authority
134.26     Subd. 6.  [REQUEST FOR HEARING AND NOTICE FOR HEARING.] The 
134.27  request for hearing accompanying the objection notice must be in 
134.28  substantially the following form: 
134.29                 OFFICE OF ADMINISTRATIVE HEARINGS.
134.30  ........(Public authority)      REQUEST FOR HEARING
134.31  .....(Judgment Debtor)           AND NOTICE FOR HEARING
134.32  .....(Garnishee)(Third Party)
134.33     I hereby request a hearing to resolve the exemption claim 
134.34  which has been made in this case regarding funds in the account 
134.35  of ..... (Judgment Debtor) at the ..... (Financial Institution. 
134.36     I believe the property being held is exempt 
134.37  because................................................ 
135.1    Dated: .............       ..............
135.2                                (JUDGMENT DEBTOR)
135.3                                .................
135.4                                (ADDRESS)
135.5                                .................
135.6   HEARING DATE: ............
135.7   HEARING PLACE:............
135.8      (Note to both parties:  Bring with you to the hearing all 
135.9   documents and materials relevant to the exemption claim and 
135.10  objection.  Failure to do so could delay the court's decision. 
135.11     Subd. 7.  [RIGHT TO REQUEST REVIEW.] (a) To request 
135.12  administrative review of an action taken by the public authority 
135.13  under this section, the obligor must make a request in writing 
135.14  directed to the public authority or file a motion with the court 
135.15  within 20 days of the date the notice of a child support 
135.16  judgment levy was served on the obligor. 
135.17     (b) The public authority's receipt of a written request for 
135.18  administrative review starts the administrative process.  At a 
135.19  hearing conducted under section 518.5511, the only issues to be 
135.20  determined are whether: 
135.21     (1) the public authority complied with the process required 
135.22  by this section; 
135.23     (2) the amount stated in the notice of child support 
135.24  judgment levy is owed by the obligor; and 
135.25     (3) the amount stated in the notice of child support 
135.26  judgment levy is correct. 
135.27     (c) The obligor's filing of a motion requesting a court 
135.28  hearing under the Rules of Civil Procedure serves to stay the 
135.29  levy on the obligor's property, but the lien remains in force 
135.30  and effect until the court has issued a final ruling on the 
135.31  matter and all periods for appeal have expired.  At a court 
135.32  hearing requested by the obligor, the only issues to be 
135.33  determined are whether: 
135.34     (1) the public authority complied with the process required 
135.35  by this section; 
135.36     (2) the amount stated in the notice of child support 
135.37  judgment levy is owed by the obligor; and 
135.38     (3) the amount stated in the notice of child support 
135.39  judgment levy is correct. 
136.1      (d) The court may review the proceeding taken by the public 
136.2   authority under this section and may correct any mistakes of 
136.3   fact but shall not reduce or retroactively modify child support 
136.4   arrears. 
136.5      Subd. 8.  [RELEASE OF FUNDS.] At any time during the 
136.6   procedure specified in this section, the judgment debtor or the 
136.7   attorney for the public authority or the public authority may, 
136.8   by a writing dated after the service of the writ of execution, 
136.9   direct the financial institution to release the funds in 
136.10  question to the other party.  Upon receipt of a release, the 
136.11  financial institution shall release the funds as directed. 
136.12     Subd. 9.  [SUBSEQUENT PROCEEDINGS; BAD FAITH CLAIM.] If in 
136.13  subsequent proceedings brought by the judgment debtor or the 
136.14  public authority, the claim of exemption is not upheld, and the 
136.15  office of administrative hearings finds that it was asserted in 
136.16  bad faith, the public authority shall be awarded actual damages, 
136.17  costs, and reasonable attorney's fees resulting from the 
136.18  additional proceedings, and an amount not to exceed $100.  The 
136.19  underlying judgment must be modified to reflect assessment of 
136.20  damages, costs, and attorney's fees.  However, if the party in 
136.21  whose favor a penalty assessment is made is not actually 
136.22  indebted to the party's attorney for fees, the attorney's fee 
136.23  award shall be made directly to the attorney and if not paid, an 
136.24  appropriate judgment in favor of the attorney shall be entered.  
136.25  Upon motion of any party in interest, on notice, the office of 
136.26  administrative hearings shall determine the validity of any 
136.27  claim of exemption, and may make any order necessary to protect 
136.28  the rights of those interested.  No financial institution is 
136.29  liable for damages for complying with this section.  Both copies 
136.30  of an exemption claim or an objection to an exemption claim must 
136.31  be mailed or delivered on the same date.  The financial 
136.32  institution may rely on the date of mailing or delivery of a 
136.33  notice to it in computing any time periods in this section. 
136.34     Subd. 10.  [FORMS.] The public authority shall develop 
136.35  statutory forms for use as required under this section. 
136.36     Sec. 117.  Minnesota Statutes 1996, section 609.375, is 
137.1   amended by adding a subdivision to read: 
137.2      Subd. 7.  [MANDATORY JAIL TIME.] Upon conviction under this 
137.3   section, a defendant may obtain work release only upon the 
137.4   imposition of an automatic income withholding order, and may be 
137.5   required to post a bond in avoidance of jail time and 
137.6   conditioned upon payment of all child support owed.  Nonpayment 
137.7   of child support is a violation of any probation granted 
137.8   following conviction under subdivision 2a. 
137.9      Sec. 118.  [CHILD SUPPORT ENFORCEMENT PROGRAM; SERVICES 
137.10  DELIVERY STUDY.] 
137.11     The commissioner of human services shall conduct a study of 
137.12  the overall state child support enforcement delivery system in 
137.13  order to appropriately meet the performance requirements of new 
137.14  federal law. 
137.15     Sec. 119.  [INDEPENDENT CONTRACTORS.] 
137.16     The department of human services shall report to the chairs 
137.17  of the judiciary committees in the house of representatives and 
137.18  the senate by February 1, 1998, on the state's experience 
137.19  including independent contractors for the state in the work 
137.20  reporting system. 
137.21     Sec. 120.  [AGENCY CONSULTATION ON SUSPENDING RECREATIONAL 
137.22  LICENSES.] 
137.23     The commissioner shall consult with other state agencies to 
137.24  establish procedures to meet federal requirements to suspend 
137.25  recreational licenses of child support obligors who fail to pay 
137.26  child support. 
137.27     Sec. 121.  [REPEALER.] 
137.28     (a) Minnesota Statutes 1996, sections 518C.9011; and 
137.29  609.375, subdivisions 3, 4, and 6 are repealed. 
137.30     (b) Minnesota Statutes 1996, sections 256.74; 256.979, 
137.31  subdivision 9; 518.5511, subdivisions 5, 6, 7, 8, and 9; 
137.32  518.611; 518.613; 518.645; and 518C.502, are repealed effective 
137.33  July 1, 1997. 
137.34     Sec. 122.  [INSTRUCTION TO REVISOR.] 
137.35     The revisor shall delete the references to sections 518.611 
137.36  and 518.613 and insert a reference to section 518.6111 wherever 
138.1   in Minnesota Statutes and Minnesota Rules references to those 
138.2   sections occur. 
138.3      Sec. 123.  [APPROPRIATION.] 
138.4      Subdivision 1.  [DEPARTMENT OF HUMAN SERVICES.] $....... is 
138.5   appropriated from the general fund to the department of human 
138.6   services for fiscal year 1998 for the purposes specified in 
138.7   Minnesota Statutes, sections 13B.06 and 548.092. 
138.8      Subd. 2.  [PUBLIC EDUCATION.] $....... is appropriated from 
138.9   the general fund to the attorney general for fiscal year 1998 
138.10  for the continuation of the public education campaign specified 
138.11  in Minnesota Statutes, section 8.35. 
138.12     Subd. 3.  [ATTORNEY GENERAL.] $....... is appropriated from 
138.13  the general fund to the attorney general for fiscal year 1998 
138.14  for the purposes specified in section 518.575. 
138.15     Sec. 124.  [EFFECTIVE DATE.] 
138.16     Sections 3, 68, and 100 to 110 are effective July 1, 1998.  
138.17  Section 102 (amending section 548.091, by adding a subdivision 5)
138.18  applies only to judgments first docketed on or after July 1, 
138.19  1998.  Sections 1, 56, and 67 are effective the day following 
138.20  final enactment. 
138.21                             ARTICLE 2
138.22                             VISITATION
138.23     Section 1.  Minnesota Statutes 1996, section 518.157, is 
138.24  amended to read: 
138.25     518.157 [ORIENTATION PARENT EDUCATION PROGRAM IN 
138.26  PROCEEDINGS INVOLVING CHILDREN.] 
138.27     Subdivision 1.  [IMPLEMENTATION; ADMINISTRATION.] By 
138.28  January 1, 1998, the chief judge of each judicial district or a 
138.29  designee shall implement one or more parent education programs 
138.30  within the judicial district for the purpose of educating 
138.31  parents about the impact that divorce, the restructuring of 
138.32  families, and judicial proceedings have upon children and 
138.33  families; methods for preventing visitation conflicts; and 
138.34  dispute resolution options.  The chief judge of each judicial 
138.35  district or a designee may require that children attend a 
138.36  separate education program designed to deal with the impact of 
139.1   divorce upon children as part of the parent education program.  
139.2   Each parent education program must enable persons to have timely 
139.3   and reasonable access to education sessions. 
139.4      Subd. 2.  [MINIMUM STANDARDS; PLAN.] The Minnesota supreme 
139.5   court should promulgate minimum standards for the implementation 
139.6   and administration of a parent education program.  The chief 
139.7   judge of each judicial district or a designee shall submit a 
139.8   plan to the Minnesota conference of chief judges for their 
139.9   approval that is designed to implement and administer a parent 
139.10  education program in the judicial district.  The plan must be 
139.11  consistent with the minimum standards promulgated by the 
139.12  Minnesota supreme court. 
139.13     Subd. 3.  [ATTENDANCE.] In a proceeding under this 
139.14  chapter involving custody, support, or visitation of children, 
139.15  the court may require the parties to or sections 257.51 to 
139.16  257.75 where custody or visitation is contested, the parents of 
139.17  a minor child shall attend an orientation and education 
139.18  program regarding the proceedings and the impact on the children.
139.19  that meets the minimum standards promulgated by the Minnesota 
139.20  supreme court.  In all other proceedings involving custody, 
139.21  support, or visitation the court may order the parents of a 
139.22  minor child to attend a parent education program.  The program 
139.23  shall provide the court with names of persons who fail to attend 
139.24  the parent education program as ordered by the court.  Persons 
139.25  who are separated or contemplating involvement in a dissolution, 
139.26  paternity, custody, or visitation proceeding may attend a parent 
139.27  education program without a court order.  Participation in a 
139.28  parent education program must occur as early as possible.  
139.29  Parent education programs must offer an opportunity to 
139.30  participate at all phases of a pending or postdecree 
139.31  proceeding.  Upon request of a party and a showing of good 
139.32  cause, the court shall may excuse the party from attending the 
139.33  program.  Parties may be required to pay a fee to cover the cost 
139.34  of the program, except that if a party is entitled to proceed in 
139.35  forma pauperis under section 563.01, the court shall waive the 
139.36  fee or direct its payment under section 563.01.  If past or 
140.1   present domestic abuse, as defined in chapter 518B, is alleged, 
140.2   the court may shall not require the parties to attend the 
140.3   same orientation session parent education sessions and shall 
140.4   enter an order setting forth the manner in which the parties may 
140.5   safely participate in the program. 
140.6      Subd. 4.  [SANCTIONS.] The court may impose sanctions upon 
140.7   a parent for failure to attend or complete a parent education 
140.8   program as ordered. 
140.9      Subd. 5.  [CONFIDENTIALITY.] Unless all parties agree in 
140.10  writing, statements made by a party during participation in a 
140.11  parent education program are inadmissible as evidence for any 
140.12  purpose, including impeachment.  No record may be made regarding 
140.13  a party's participation in a parent education program, except a 
140.14  record of attendance at and completion of the program as 
140.15  required under this section.  Instructors shall not disclose 
140.16  information regarding an individual participant obtained as a 
140.17  result of participation in a parent education program.  Parent 
140.18  education instructors may not be subpoenaed or called as 
140.19  witnesses in court proceedings. 
140.20     Subd. 6.  [FEE.] Except as provided in this subdivision, 
140.21  each person who attends a parent education program shall pay a 
140.22  fee to defray the cost of the program.  A party who qualifies 
140.23  for waiver of filing fees under section 563.01 is exempt from 
140.24  paying the parent education program fee and the court shall 
140.25  waive the fee or direct its payment under section 563.01.  
140.26  Program providers shall implement a sliding fee scale. 
140.27     Sec. 2.  Minnesota Statutes 1996, section 518.175, 
140.28  subdivision 1, is amended to read: 
140.29     Subdivision 1.  [GENERAL.] (a) In all proceedings for 
140.30  dissolution or legal separation, subsequent to the commencement 
140.31  of the proceeding and continuing thereafter during the minority 
140.32  of the child, the court shall, upon the request of either 
140.33  parent, grant such rights of visitation on behalf of the child 
140.34  and noncustodial parent as will enable the child and the 
140.35  noncustodial parent to maintain a child to parent relationship 
140.36  that will be in the best interests of the child.  A visitation 
141.1   order shall include a provision fairly apportioning between the 
141.2   parties the responsibility of travel associated with 
141.3   visitation.  If the court finds, after a hearing, that 
141.4   visitation is likely to endanger the child's physical or 
141.5   emotional health or impair the child's emotional development, 
141.6   the court shall restrict visitation by the noncustodial parent 
141.7   as to time, place, duration, or supervision and may deny 
141.8   visitation entirely, as the circumstances warrant.  The court 
141.9   shall consider the age of the child and the child's relationship 
141.10  with the noncustodial parent prior to the commencement of the 
141.11  proceeding.  A parent's failure to pay support because of the 
141.12  parent's inability to do so shall not be sufficient cause for 
141.13  denial of visitation. 
141.14     (b) The court may provide that a law enforcement officer or 
141.15  other appropriate person will accompany a party seeking to 
141.16  enforce or comply with visitation. 
141.17     (c) Upon request of either party, to the extent practicable 
141.18  a visitation order must include a specific schedule for 
141.19  visitation, including the frequency and duration of visitation 
141.20  and visitation during holidays and vacations, unless visitation 
141.21  is restricted, denied, or reserved. 
141.22     (d) The court administrator shall provide a form for a pro 
141.23  se motion regarding visitation disputes, which includes 
141.24  provisions for indicating the relief requested, an affidavit in 
141.25  which the party may state the facts of the dispute, and a brief 
141.26  description of the visitation expeditor process under section 
141.27  518.1751.  The form may not include a request for a change of 
141.28  custody.  The court shall provide instructions on serving and 
141.29  filing the motion. 
141.30     Sec. 3.  Minnesota Statutes 1996, section 518.175, 
141.31  subdivision 6, is amended to read: 
141.32     Subd. 6.  [REMEDIES.] (a) The court may provide for one or 
141.33  more of the following remedies for denial of or interference 
141.34  with court-ordered visitation as provided under this 
141.35  subdivision.  All visitation orders must include notice of the 
141.36  provisions of this subdivision. 
142.1      (b) If the court finds that a person has been wrongfully 
142.2   deprived of the duly established right to court-ordered 
142.3   visitation, the court shall order the custodial parent to permit 
142.4   additional visits to compensate for the visitation of which the 
142.5   person was deprived or the court shall make specific findings as 
142.6   to why a request for compensatory visitation is denied.  If 
142.7   compensatory visitation is awarded, additional visits must be: 
142.8      (1) at least of the same type and duration as the 
142.9   wrongfully denied deprived visit and, at the discretion of the 
142.10  court, may be in excess of or of a different type than the 
142.11  deprived visit; 
142.12     (2) taken within one year after the wrongfully denied 
142.13  deprived visit; and 
142.14     (3) at a time acceptable to the person deprived of 
142.15  visitation. 
142.16     (c) If the court finds that a custodial parent, a 
142.17  noncustodial parent, or any other party has wrongfully failed to 
142.18  comply with a visitation order or a binding agreement of the 
142.19  parties or a binding decision under section 518.1751, the 
142.20  court may shall order an appropriate remedy including one or 
142.21  more of the following: 
142.22     (1) impose a civil penalty of up to $500 on the party; or 
142.23     (2) require the party to post a bond with the court for a 
142.24  specified period of time to secure the party's compliance.; 
142.25     (3) award reasonable attorney's fees and costs; 
142.26     (4) require the party who violated the visitation order or 
142.27  binding agreement or decision of the visitation expeditor to 
142.28  reimburse the other party for costs incurred as a result of the 
142.29  violation of the order or agreement or decision; or 
142.30     (5) award any other remedy that the court finds to be in 
142.31  the best interests of the children involved. 
142.32     A civil penalty imposed under this paragraph must be 
142.33  deposited in the county general fund and must be used to fund 
142.34  the costs of a visitation expeditor program in a county with 
142.35  this program.  In other counties, the civil penalty must be 
142.36  deposited in the state general fund. 
143.1      (d) If the court finds that a party has been denied 
143.2   visitation and has incurred expenses in connection with the 
143.3   denied visitation, the court may require the party who denied 
143.4   visitation to post a bond in favor of the other party in the 
143.5   amount of prepaid expenses associated with an upcoming planned 
143.6   visitation. 
143.7      (e) Proof of an unwarranted denial of or interference with 
143.8   duly established visitation may constitute contempt of court and 
143.9   may be sufficient cause for reversal of custody. 
143.10     Sec. 4.  Minnesota Statutes 1996, section 518.1751, is 
143.11  amended to read: 
143.12     518.1751 [VISITATION DISPUTE RESOLUTION.] 
143.13     Subdivision 1.  [VISITATION EXPEDITOR.] (a) Upon request of 
143.14  either party, the parties' stipulation, or upon the court's own 
143.15  motion, the court may appoint a visitation expeditor to resolve 
143.16  visitation disputes that occur under a visitation order while a 
143.17  matter is pending under this chapter, chapter 257 or 518A, or 
143.18  after a decree is entered.  Prior to appointing the visitation 
143.19  expeditor, the court shall give the parties notice that the 
143.20  costs of the visitation expeditor will be apportioned among the 
143.21  parties and that if the parties do not reach an agreement, the 
143.22  visitation expeditor will make a nonbinding decision resolving 
143.23  the dispute. 
143.24     Subd. 1a.  [EXCEPTIONS.] A party may not be required to 
143.25  refer a visitation dispute to a visitation expeditor under this 
143.26  section if: 
143.27     (1) one of the parties claims to be the victim of domestic 
143.28  abuse by the other party; 
143.29     (2) the court determines there is probable cause that one 
143.30  of the parties or a child of the parties has been physically 
143.31  abused or threatened with physical abuse by the other party; or 
143.32     (3) the party is unable to pay the costs of the expeditor, 
143.33  as provided under subdivision 2a. 
143.34     If the court is satisfied that the parties have been 
143.35  advised by counsel and have agreed to use the visitation 
143.36  expeditor process and the process does not involve face-to-face 
144.1   meeting of the parties, the court may direct that the visitation 
144.2   expeditor process be used. 
144.3      Subd. 1b.  [PURPOSE; DEFINITIONS.] (a) The purpose of a 
144.4   visitation expeditor is to resolve visitation disputes by 
144.5   enforcing, interpreting, clarifying, and addressing 
144.6   circumstances not specifically addressed by an existing 
144.7   visitation order and, if appropriate, to make a determination as 
144.8   to whether the existing visitation order has been violated.  A 
144.9   visitation expeditor may be appointed to resolve a one-time 
144.10  visitation dispute or to provide ongoing visitation dispute 
144.11  resolution services. 
144.12     (b) For purposes of this section, "visitation dispute" 
144.13  means a disagreement among parties about visitation with a 
144.14  child, including a dispute about an anticipated denial of a 
144.15  future scheduled visit.  "Visitation dispute" includes a claim 
144.16  by a custodial parent that a noncustodial parent is not visiting 
144.17  a child as well as a claim by a noncustodial parent that a 
144.18  custodial parent is denying or interfering with visitation. 
144.19     (c) A "visitation expeditor" is a neutral person authorized 
144.20  to use a mediation-arbitration process to resolve visitation 
144.21  disputes.  A visitation expeditor shall attempt to resolve a 
144.22  visitation dispute by facilitating negotiations between the 
144.23  parties to promote settlement and, if it becomes apparent that 
144.24  the dispute cannot be resolved by an agreement of the parties, 
144.25  the visitation expeditor shall make a decision resolving the 
144.26  dispute. 
144.27     Subd. 2.  [APPOINTMENT; COSTS.] The court shall appoint the 
144.28  visitation expeditor and indicate the term of the appointment.  
144.29  If the parties cannot agree on a visitation expeditor, the court 
144.30  shall present a list of candidates with one more candidate than 
144.31  there are parties to the dispute.  In developing the list of 
144.32  candidates, the court must give preference (a) The parties may 
144.33  stipulate to the appointment of a visitation expeditor or a team 
144.34  of two expeditors without appearing in court by submitting to 
144.35  the court a written agreement identifying the names of the 
144.36  individuals to be appointed by the court; the nature of the 
145.1   dispute; the responsibilities of the visitation expeditor, 
145.2   including whether the expeditor is appointed to resolve a 
145.3   specific issue or on an ongoing basis; the term of the 
145.4   appointment; and the apportionment of fees and costs.  The court 
145.5   shall review the agreement of the parties.  
145.6      (b) If the parties cannot agree on a visitation expeditor, 
145.7   the court shall provide to the parties a copy of the court 
145.8   administrator's roster of visitation expeditors and require the 
145.9   parties to exchange the names of three potential visitation 
145.10  expeditors by a specific date.  If after exchanging names the 
145.11  parties are unable to agree upon a visitation expeditor, the 
145.12  court shall select the visitation expeditor and, in its 
145.13  discretion, may appoint one expeditor or a team of two 
145.14  visitation expeditors.  In the selection process the court must 
145.15  give consideration to the financial circumstances of the parties 
145.16  and the fees of those being considered as visitation 
145.17  expeditors.  Preference must be given to persons who agree to 
145.18  volunteer their services or who will charge a variable fee for 
145.19  services based on the ability of the parties to pay for 
145.20  them.  Each party shall strike one name and the court shall 
145.21  appoint the remaining individual as the visitation expeditor.  
145.22  In its order appointing the visitation expeditor, the court 
145.23  shall apportion the costs of the visitation expeditor among the 
145.24  parties, with each party bearing the portion of costs that the 
145.25  court determines is just and equitable under the circumstances.  
145.26  If a party files a pro se motion regarding a visitation dispute 
145.27  and there is not a court order that provides for apportionment 
145.28  of the costs of an expeditor, the court administrator may 
145.29  require the party requesting the appointment of an expeditor to 
145.30  pay the costs of the expeditor in advance.  Neither party may be 
145.31  required to submit a dispute to a visitation expeditor if the 
145.32  party cannot afford to pay for the costs of an expeditor and an 
145.33  affordable expeditor is not available, unless the other party 
145.34  agrees to pay the costs.  After costs are incurred, a party may 
145.35  by motion request that the costs be reapportioned on equitable 
145.36  grounds.  The court may consider the resources of the parties, 
146.1   the nature of the dispute, and whether a party acted in bad 
146.2   faith.  The court may consider information from the expeditor in 
146.3   determining bad faith. 
146.4      (c) An order appointing a visitation expeditor shall 
146.5   identify the name of the individual to be appointed, the nature 
146.6   of the dispute, the responsibilities of the visitation expeditor 
146.7   including whether the expeditor is appointed to resolve a 
146.8   specific issue or on an ongoing basis, the term of the 
146.9   appointment, the apportionment of fees, and notice that if the 
146.10  parties are unable to reach an agreement with the assistance of 
146.11  the visitation expeditor, the visitation expeditor is authorized 
146.12  to make a decision resolving the dispute which is binding upon 
146.13  the parties unless modified or vacated by the court. 
146.14     Subd. 2a.  [FEES.] Prior to appointing the visitation 
146.15  expeditor, the court shall give the parties notice that the fees 
146.16  of the visitation expeditor will be apportioned among the 
146.17  parties.  In its order appointing the visitation expeditor, the 
146.18  court shall apportion the fees of the visitation expeditor among 
146.19  the parties, with each party bearing the portion of fees that 
146.20  the court determines is just and equitable under the 
146.21  circumstances.  If a party files a pro se motion regarding a 
146.22  visitation dispute and there is not a court order that provides 
146.23  for apportionment of the fees of an expeditor, the court 
146.24  administrator may require the party requesting the appointment 
146.25  of an expeditor to pay the fees of the expeditor in advance.  
146.26  Neither party may be required to submit a dispute to a 
146.27  visitation expeditor if the party cannot afford to pay for the 
146.28  fees of an expeditor and an affordable expeditor is not 
146.29  available, unless the other party agrees to pay the fees.  After 
146.30  fees are incurred, a party may by motion request that the fees 
146.31  be reapportioned on equitable grounds.  The court may consider 
146.32  the resources of the parties, the nature of the dispute, and 
146.33  whether a party acted in bad faith.  The court may consider 
146.34  information from the expeditor in determining bad faith. 
146.35     Subd. 2b.  [ROSTER OF VISITATION EXPEDITORS.] Each court 
146.36  administrator shall maintain and make available to the public 
147.1   and judicial officers a roster of individuals available to serve 
147.2   as visitation expeditors, including each individual's name, 
147.3   address, telephone number, and fee charged, if any.  A court 
147.4   administrator shall not place on the roster the name of an 
147.5   individual who has not completed the training required in 
147.6   subdivision 2c.  If the use of a visitation expeditor is 
147.7   initiated by stipulation of the parties, the parties may agree 
147.8   upon a person to serve as a visitation expeditor even if that 
147.9   person has not completed the training described in subdivision 
147.10  2c.  The court may appoint a person to serve as a visitation 
147.11  expeditor even if the person is not on the court administrator's 
147.12  roster, but may not appoint a person who has not completed the 
147.13  training described in subdivision 2c, unless so stipulated by 
147.14  the parties.  To maintain one's listing on a court 
147.15  administrator's roster of visitation expeditors, an individual 
147.16  shall annually submit to the court administrator proof of 
147.17  completion of continuing education requirements. 
147.18     Subd. 2c.  [TRAINING AND CONTINUING EDUCATION 
147.19  REQUIREMENTS.] To qualify for listing on a court administrator's 
147.20  roster of visitation expeditors, an individual shall complete a 
147.21  minimum of 40 hours of family mediation training that has been 
147.22  certified by the Minnesota supreme court, which must include 
147.23  certified training in domestic abuse issues as required under 
147.24  Rule 114 of the Minnesota General Rules of Practice for the 
147.25  District Courts.  To maintain one's listing on a court 
147.26  administrator's roster of visitation expeditors, an individual 
147.27  shall annually attend three hours of continuing education about 
147.28  alternative dispute resolution subjects.  
147.29     Subd. 3.  [AGREEMENT OR DECISION.] (a) If a visitation 
147.30  dispute arises Within five days of notice of the appointment, or 
147.31  within five days of notice of a subsequent visitation dispute 
147.32  between the same parties, the visitation expeditor shall meet 
147.33  with the parties together or separately within five days and 
147.34  shall make a diligent effort to facilitate an agreement to 
147.35  resolve the visitation dispute.  If a visitation dispute 
147.36  requires immediate resolution, the visitation expeditor may 
148.1   confer with the parties through a telephone conference or 
148.2   similar means.  An expeditor may make a decision without 
148.3   conferring with a party if the expeditor made a good faith 
148.4   effort to confer with the party, but the party chose not to 
148.5   participate in resolution of the dispute. 
148.6      (b) If the parties do not reach an agreement, the expeditor 
148.7   shall make a decision resolving the dispute as soon as possible 
148.8   but not later than five days after receiving all information 
148.9   necessary to make a decision and after the final meeting or 
148.10  conference with the parties.  Resolution of a dispute may 
148.11  include The visitation expeditor is authorized to award 
148.12  compensatory visitation under section 518.175, subdivision 6., 
148.13  and may recommend to the court that the noncomplying party pay 
148.14  attorney's fees, court costs, and other costs under section 
148.15  518.175, subdivision 6, paragraph (d), if the visitation order 
148.16  has been violated.  The visitation expeditor shall not lose 
148.17  authority to make a decision if circumstances beyond the 
148.18  visitation expeditor's control make it impracticable to meet the 
148.19  five-day timelines. 
148.20     (c) Unless the parties mutually agree, the visitation 
148.21  expeditor may shall not make a decision that modifies visitation 
148.22  rights ordered by the court. is inconsistent with an existing 
148.23  visitation order, but may make decisions interpreting or 
148.24  clarifying a visitation order, including the development of a 
148.25  specific schedule when the existing court order grants 
148.26  "reasonable visitation."  
148.27     (d) The expeditor shall put an agreement or decision in 
148.28  writing, and provide a copy to the parties, and file a copy with 
148.29  the court.  The visitation expeditor may include or omit reasons 
148.30  for the agreement or decision.  An agreement of the parties or a 
148.31  decision of the visitation expeditor is binding on the parties 
148.32  unless vacated or modified by the court.  If a party does not 
148.33  comply with an agreement of the parties or a decision of the 
148.34  expeditor, any party may bring a motion with the court to 
148.35  resolve the dispute and shall attach a copy of the parties' 
148.36  written agreement or decision of the expeditor.  The court 
149.1   may consider enforce, modify, or vacate the agreement of the 
149.2   parties or the decision of the expeditor, but neither is binding 
149.3   on the court. 
149.4      Subd. 4.  [OTHER AGREEMENTS.] This section does not 
149.5   preclude the parties from voluntarily agreeing to submit their 
149.6   visitation dispute to a neutral third party or from otherwise 
149.7   resolving visitation disputes on a voluntary basis. 
149.8      Subd. 4a.  [CONFIDENTIALITY.] (a) Statements made and 
149.9   documents produced as part of the visitation expeditor process 
149.10  which are not otherwise discoverable are not subject to 
149.11  discovery or other disclosure and are not admissible into 
149.12  evidence for any purpose at trial or in any other proceeding, 
149.13  including impeachment. 
149.14     (b) Sworn testimony may be used in subsequent proceedings 
149.15  for any purpose for which it is admissible under the rules of 
149.16  evidence.  Visitation expeditors, and lawyers for the parties to 
149.17  the extent of their participation in the visitation expeditor 
149.18  process, must not be subpoenaed or called as witnesses in court 
149.19  proceedings. 
149.20     (c) Notes, records, and recollections of visitation 
149.21  expeditors are confidential and must not be disclosed to the 
149.22  parties, the public, or anyone other than the visitation 
149.23  expeditor unless:  
149.24     (1) all parties and the visitation expeditor agree in 
149.25  writing to the disclosure; or 
149.26     (2) disclosure is required by law or other applicable 
149.27  professional codes. 
149.28     Notes and records of visitation expeditors must not be 
149.29  disclosed to the court unless after a hearing the court 
149.30  determines that the notes or records should be reviewed in 
149.31  camera.  Those notes or records must not be released by the 
149.32  court unless it determines that they disclose information 
149.33  showing illegal violation of the criminal law of the state. 
149.34     Subd. 5.  [IMMUNITY.] A visitation expeditor is immune from 
149.35  civil liability for actions taken or not taken when acting under 
149.36  this section. 
150.1      Subd. 5a.  [REMOVAL.] If a visitation expeditor has been 
150.2   appointed on a long-term basis, a party or the visitation 
150.3   expeditor may file a motion seeking to have the expeditor 
150.4   removed for good cause shown. 
150.5      Subd. 6.  [MANDATORY VISITATION DISPUTE RESOLUTION.] (a) 
150.6   Subject to subdivision 7 1a, a judicial district may establish a 
150.7   mandatory visitation dispute resolution program as provided in 
150.8   this subdivision.  In a district where a program has been 
150.9   established, parties may be required to submit visitation 
150.10  disputes to a visitation expeditor as a prerequisite to a motion 
150.11  on the dispute being heard by the court, or either party may 
150.12  submit the dispute to a visitation expeditor.  A party may file 
150.13  a motion with the court for purposes of obtaining a court date, 
150.14  if necessary, but a hearing may not be held until resolution of 
150.15  the dispute with the visitation expeditor.  The appointment of a 
150.16  visitation expeditor must be in accordance with subdivision 2.  
150.17  Visitation expeditor fees must be paid in accordance with 
150.18  subdivision 2a. 
150.19     (b) If a visitation expeditor has not been previously 
150.20  appointed for the parties under subdivision 1 and the parties 
150.21  cannot agree on a visitation expeditor, the court or court 
150.22  administrator shall appoint a visitation expeditor from a list 
150.23  of candidates established by the judicial district, giving 
150.24  preference to candidates who agree to volunteer their services 
150.25  or charge a variable fee based on the ability of the parties to 
150.26  pay. 
150.27     (c) Notwithstanding subdivision 1, an agreement of the 
150.28  parties or decision of the visitation expeditor under this 
150.29  subdivision is binding on the parties unless vacated or modified 
150.30  by the court.  The expeditor shall put the agreement or decision 
150.31  in writing, provide a copy to the parties, and file a copy with 
150.32  the court.  The court may consider the agreement of the parties 
150.33  or the decision of the expeditor, but neither is binding on the 
150.34  court.  
150.35     Subd. 7.  [EXCEPTIONS.] A party may not be required to 
150.36  refer a visitation dispute to a visitation expeditor under this 
151.1   section if: 
151.2      (1) the party has obtained an order for protection under 
151.3   chapter 518B against the other party; or 
151.4      (2) the party is unable to pay the costs of the expeditor, 
151.5   as provided under subdivision 2. 
151.6      Sec. 5.  Minnesota Statutes 1996, section 518.179, 
151.7   subdivision 1, is amended to read: 
151.8      Subdivision 1.  [SEEKING CUSTODY OR VISITATION.] 
151.9   Notwithstanding any contrary provision in section 518.17 or 
151.10  518.175, if a person seeking child custody or visitation has 
151.11  been convicted of a crime described in subdivision 2, the person 
151.12  seeking custody or visitation has the burden to prove that 
151.13  custody or visitation by that person is in the best interests of 
151.14  the child if: 
151.15     (1) the conviction occurred within the preceding five 
151.16  years; 
151.17     (2) the person is currently incarcerated, on probation, or 
151.18  under supervised release for the offense; or 
151.19     (3) the victim of the crime was a family or household 
151.20  member as defined in section 518B.01, subdivision 2.  
151.21     If this section applies, the court may not grant custody or 
151.22  visitation to the person unless it finds that the custody or 
151.23  visitation is in the best interests of the child.  If the victim 
151.24  of the crime was a family or household member, the standard of 
151.25  proof is clear and convincing evidence.  A guardian ad litem 
151.26  must be appointed in any case where this section applies. 
151.27     Sec. 6.  Minnesota Statutes 1996, section 518.68, 
151.28  subdivision 2, is amended to read: 
151.29     Subd. 2.  [CONTENTS.] The required notices must be 
151.30  substantially as follows: 
151.31                          IMPORTANT NOTICE 
151.32  1.  PAYMENTS TO PUBLIC AGENCY 
151.33     Pursuant to Minnesota Statutes, section 518.551, 
151.34     subdivision 1, payments ordered for maintenance and support 
151.35     must be paid to the public agency responsible for child 
151.36     support enforcement as long as the person entitled to 
152.1      receive the payments is receiving or has applied for public 
152.2      assistance or has applied for support and maintenance 
152.3      collection services.  MAIL PAYMENTS TO: 
152.4   2.  DEPRIVING ANOTHER OF CUSTODIAL OR PARENTAL RIGHTS -- A 
152.5   FELONY 
152.6      A person may be charged with a felony who conceals a minor 
152.7      child or takes, obtains, retains, or fails to return a 
152.8      minor child from or to the child's parent (or person with 
152.9      custodial or visitation rights), pursuant to Minnesota 
152.10     Statutes, section 609.26.  A copy of that section is 
152.11     available from any district court clerk. 
152.12  3.  RULES OF SUPPORT, MAINTENANCE, VISITATION 
152.13     (a) Payment of support or spousal maintenance is to be as 
152.14     ordered, and the giving of gifts or making purchases of 
152.15     food, clothing, and the like will not fulfill the 
152.16     obligation. 
152.17     (b) Payment of support must be made as it becomes due, and 
152.18     failure to secure or denial of rights of visitation is NOT 
152.19     an excuse for nonpayment, but the aggrieved party must seek 
152.20     relief through a proper motion filed with the court. 
152.21     (c) Nonpayment of support is not grounds to deny 
152.22     visitation.  The party entitled to receive support may 
152.23     apply for support and collection services, file a contempt 
152.24     motion, or obtain a judgment as provided in Minnesota 
152.25     Statutes, section 548.091.  
152.26     (d) The payment of support or spousal maintenance takes 
152.27     priority over payment of debts and other obligations. 
152.28     (e) A party who accepts additional obligations of support 
152.29     does so with the full knowledge of the party's prior 
152.30     obligation under this proceeding. 
152.31     (f) Child support or maintenance is based on annual income, 
152.32     and it is the responsibility of a person with seasonal 
152.33     employment to budget income so that payments are made 
152.34     throughout the year as ordered. 
152.35     (g) If there is a layoff or a pay reduction, support may be 
152.36     reduced as of the time of the layoff or pay reduction if a 
153.1      motion to reduce the support is served and filed with the 
153.2      court at that time, but any such reduction must be ordered 
153.3      by the court.  The court is not permitted to reduce support 
153.4      retroactively, except as provided in Minnesota Statutes, 
153.5      section 518.64, subdivision 2, paragraph (c).  
153.6      (h) Reasonable visitation guidelines are contained in 
153.7      Appendix B, which is available from the court administrator.
153.8   4.  PARENTAL RIGHTS FROM MINNESOTA STATUTES, SECTION 518.17, 
153.9   SUBDIVISION 3 
153.10     Unless otherwise provided by the Court: 
153.11     (a) Each party has the right of access to, and to receive 
153.12     copies of, school, medical, dental, religious training, and 
153.13     other important records and information about the minor 
153.14     children.  Each party has the right of access to 
153.15     information regarding health or dental insurance available 
153.16     to the minor children.  Presentation of a copy of this 
153.17     order to the custodian of a record or other information 
153.18     about the minor children constitutes sufficient 
153.19     authorization for the release of the record or information 
153.20     to the requesting party. 
153.21     (b) Each party shall keep the other informed as to the name 
153.22     and address of the school of attendance of the minor 
153.23     children.  Each party has the right to be informed by 
153.24     school officials about the children's welfare, educational 
153.25     progress and status, and to attend school and parent 
153.26     teacher conferences.  The school is not required to hold a 
153.27     separate conference for each party. 
153.28     (c) In case of an accident or serious illness of a minor 
153.29     child, each party shall notify the other party of the 
153.30     accident or illness, and the name of the health care 
153.31     provider and the place of treatment. 
153.32     (d) Each party has the right of reasonable access and 
153.33     telephone contact with the minor children. 
153.34  5.  WAGE AND INCOME DEDUCTION OF SUPPORT AND MAINTENANCE 
153.35     Child support and/or spousal maintenance may be withheld 
153.36     from income, with or without notice to the person obligated 
154.1      to pay, when the conditions of Minnesota Statutes, sections 
154.2      518.611 and 518.613, have been met.  A copy of those 
154.3      sections is available from any district court clerk. 
154.4   6.  CHANGE OF ADDRESS OR RESIDENCE 
154.5      Unless otherwise ordered, the person responsible to make 
154.6      support or maintenance payments shall notify the person 
154.7      entitled to receive the payment and the public authority 
154.8      responsible for collection, if applicable, of a change of 
154.9      address or residence within 60 days of the address or 
154.10     residence change. 
154.11  7.  COST OF LIVING INCREASE OF SUPPORT AND MAINTENANCE 
154.12     Child support and/or spousal maintenance may be adjusted 
154.13     every two years based upon a change in the cost of living 
154.14     (using Department of Labor Consumer Price Index .........., 
154.15     unless otherwise specified in this order) when the 
154.16     conditions of Minnesota Statutes, section 518.641, are met. 
154.17     Cost of living increases are compounded.  A copy of 
154.18     Minnesota Statutes, section 518.641, and forms necessary to 
154.19     request or contest a cost of living increase are available 
154.20     from any district court clerk. 
154.21  8.  JUDGMENTS FOR UNPAID SUPPORT 
154.22     If a person fails to make a child support payment, the 
154.23     payment owed becomes a judgment against the person 
154.24     responsible to make the payment by operation of law on or 
154.25     after the date the payment is due, and the person entitled 
154.26     to receive the payment or the public agency may obtain 
154.27     entry and docketing of the judgment WITHOUT NOTICE to the 
154.28     person responsible to make the payment under Minnesota 
154.29     Statutes, section 548.091.  Interest begins to accrue on a 
154.30     payment or installment of child support whenever the unpaid 
154.31     amount due is greater than the current support due, 
154.32     pursuant to Minnesota Statutes, section 548.091, 
154.33     subdivision 1a.  
154.34  9.  JUDGMENTS FOR UNPAID MAINTENANCE 
154.35     A judgment for unpaid spousal maintenance may be entered 
154.36     when the conditions of Minnesota Statutes, section 548.091, 
155.1      are met.  A copy of that section is available from any 
155.2      district court clerk. 
155.3   10.  ATTORNEY FEES AND COLLECTION COSTS FOR ENFORCEMENT OF CHILD 
155.4   SUPPORT 
155.5      A judgment for attorney fees and other collection costs 
155.6      incurred in enforcing a child support order will be entered 
155.7      against the person responsible to pay support when the 
155.8      conditions of section 518.14, subdivision 2, are met.  A 
155.9      copy of section 518.14 and forms necessary to request or 
155.10     contest these attorney fees and collection costs are 
155.11     available from any district court clerk. 
155.12  11.  VISITATION EXPEDITOR PROCESS 
155.13     On request of either party or on its own motion, the court 
155.14     may appoint a visitation expeditor to resolve visitation 
155.15     disputes under Minnesota Statutes, section 518.1751.  A 
155.16     copy of that section and a description of the expeditor 
155.17     process is available from any district court clerk. 
155.18  12.  VISITATION REMEDIES AND PENALTIES 
155.19     Remedies and penalties for the wrongful denial of 
155.20     visitation rights are available under Minnesota Statutes, 
155.21     section 518.175, subdivision 6.  These include compensatory 
155.22     visitation; civil penalties; bond requirements; contempt; 
155.23     and reversal of custody.  A copy of that subdivision and 
155.24     forms for requesting relief are available from any district 
155.25     court clerk. 
155.26     Sec. 7.  Minnesota Statutes 1996, section 626.556, 
155.27  subdivision 2, is amended to read: 
155.28     Subd. 2.  [DEFINITIONS.] As used in this section, the 
155.29  following terms have the meanings given them unless the specific 
155.30  content indicates otherwise: 
155.31     (a) "Sexual abuse" means the subjection of a child by a 
155.32  person responsible for the child's care, by a person who has a 
155.33  significant relationship to the child, as defined in section 
155.34  609.341, or by a person in a position of authority, as defined 
155.35  in section 609.341, subdivision 10, to any act which constitutes 
155.36  a violation of section 609.342, 609.343, 609.344, or 609.345.  
156.1   Sexual abuse also includes any act which involves a minor which 
156.2   constitutes a violation of sections 609.321 to 609.324 or 
156.3   617.246.  Sexual abuse includes threatened sexual abuse.  
156.4      (b) "Person responsible for the child's care" means (1) an 
156.5   individual functioning within the family unit and having 
156.6   responsibilities for the care of the child such as a parent, 
156.7   guardian, or other person having similar care responsibilities, 
156.8   or (2) an individual functioning outside the family unit and 
156.9   having responsibilities for the care of the child such as a 
156.10  teacher, school administrator, or other lawful custodian of a 
156.11  child having either full-time or short-term care 
156.12  responsibilities including, but not limited to, day care, 
156.13  babysitting whether paid or unpaid, counseling, teaching, and 
156.14  coaching.  
156.15     (c) "Neglect" means failure by a person responsible for a 
156.16  child's care to supply a child with necessary food, clothing, 
156.17  shelter or medical care when reasonably able to do so, failure 
156.18  to protect a child from conditions or actions which imminently 
156.19  and seriously endanger the child's physical or mental health 
156.20  when reasonably able to do so, or failure to take steps to 
156.21  ensure that a child is educated in accordance with state law. 
156.22  Nothing in this section shall be construed to mean that a child 
156.23  is neglected solely because the child's parent, guardian, or 
156.24  other person responsible for the child's care in good faith 
156.25  selects and depends upon spiritual means or prayer for treatment 
156.26  or care of disease or remedial care of the child in lieu of 
156.27  medical care; except that a parent, guardian, or caretaker, or a 
156.28  person mandated to report pursuant to subdivision 3, has a duty 
156.29  to report if a lack of medical care may cause serious danger to 
156.30  the child's health.  This section does not impose upon persons, 
156.31  not otherwise legally responsible for providing a child with 
156.32  necessary food, clothing, shelter, education, or medical care, a 
156.33  duty to provide that care. Neglect includes prenatal exposure to 
156.34  a controlled substance, as defined in section 253B.02, 
156.35  subdivision 2, used by the mother for a nonmedical purpose, as 
156.36  evidenced by withdrawal symptoms in the child at birth, results 
157.1   of a toxicology test performed on the mother at delivery or the 
157.2   child at birth, or medical effects or developmental delays 
157.3   during the child's first year of life that medically indicate 
157.4   prenatal exposure to a controlled substance.  Neglect also means 
157.5   "medical neglect" as defined in section 260.015, subdivision 2a, 
157.6   clause (5). 
157.7      (d) "Physical abuse" means any physical or mental injury, 
157.8   or threatened injury, inflicted by a person responsible for the 
157.9   child's care on a child other than by accidental means, or any 
157.10  physical or mental injury that cannot reasonably be explained by 
157.11  the child's history of injuries, or any aversive and deprivation 
157.12  procedures that have not been authorized under section 245.825.  
157.13     (e) "Report" means any report received by the local welfare 
157.14  agency, police department, or county sheriff pursuant to this 
157.15  section. 
157.16     (f) "Facility" means a day care facility, residential 
157.17  facility, agency, hospital, sanitarium, or other facility or 
157.18  institution required to be licensed pursuant to sections 144.50 
157.19  to 144.58, 241.021, or 245A.01 to 245A.16.  
157.20     (g) "Operator" means an operator or agency as defined in 
157.21  section 245A.02.  
157.22     (h) "Commissioner" means the commissioner of human services.
157.23     (i) "Assessment" includes authority to interview the child, 
157.24  the person or persons responsible for the child's care, the 
157.25  alleged perpetrator, and any other person with knowledge of the 
157.26  abuse or neglect for the purpose of gathering the facts, 
157.27  assessing the risk to the child, and formulating a plan.  
157.28     (j) "Practice of social services," for the purposes of 
157.29  subdivision 3, includes but is not limited to employee 
157.30  assistance counseling and the provision of guardian ad litem and 
157.31  visitation expeditor services.  
157.32     (k) "Mental injury" means an injury to the psychological 
157.33  capacity or emotional stability of a child as evidenced by an 
157.34  observable or substantial impairment in the child's ability to 
157.35  function within a normal range of performance and behavior with 
157.36  due regard to the child's culture.  
158.1      (l) "Threatened injury" means a statement, overt act, 
158.2   condition, or status that represents a substantial risk of 
158.3   physical or sexual abuse or mental injury. 
158.4      Sec. 8.  [COOPERATION FOR THE CHILDREN PROGRAM.] 
158.5      Subdivision 1.  [ESTABLISHMENT; PILOT PROJECT.] By January 
158.6   1, 1998, the state court administrator shall develop and 
158.7   implement a cooperation for the children program as a 24-month 
158.8   pilot project in at least two counties as an effort to promote 
158.9   parental relationships with children.  The state court 
158.10  administrator may allow additional counties to participate in 
158.11  the pilot project if those counties provide their own funding or 
158.12  if other funding becomes available.  The provisions of Minnesota 
158.13  Statutes, section 518.1751, subdivision 6, pertaining to 
158.14  mandatory visitation dispute resolution programs, do not apply 
158.15  to counties participating in the cooperation for the children 
158.16  program pilot project. 
158.17     Subd. 2.  [PARTICIPATION.] (a) Except as provided in this 
158.18  subdivision, in cases where visitation is the sole issue in 
158.19  conflict, the person seeking relief in regard to a visitation 
158.20  dispute must first seek assistance from the cooperation for the 
158.21  children program before filing with the court or serving upon 
158.22  the other party a motion requesting a court hearing. 
158.23     (b) An individual who submits to the program proof that the 
158.24  person has used, or in good faith has attempted to use, the 
158.25  services of a visitation expeditor or mediator or other 
158.26  alternative dispute resolution process to resolve the visitation 
158.27  dispute may, upon request to the program, be exempted from 
158.28  mandatory participation in the cooperation for the children 
158.29  program and the person may seek assistance from the court by 
158.30  filing a motion requesting a hearing. 
158.31     (c) In cases where visitation is not the only issue in 
158.32  conflict, the person seeking relief may either file with the 
158.33  court a motion seeking resolution of all issues or may seek 
158.34  resolution of the visitation issue with the cooperation for the 
158.35  children program and resolution of the other issues with the 
158.36  court.  In cases where the person seeking relief chooses to 
159.1   proceed in court, the court may determine whether the 
159.2   nonvisitation issues are or are not valid.  If the court 
159.3   determines that the nonvisitation issues are not valid or that 
159.4   the nonvisitation issues were raised for the purpose of avoiding 
159.5   participation in the cooperation for the children program, the 
159.6   court may order the parties to participate in the cooperation 
159.7   for the children program or may resolve the dispute if both 
159.8   parties are present. 
159.9      Subd. 3.  [FEE.] Except as provided in this subdivision, a 
159.10  person who participates in the cooperation for the children 
159.11  program shall pay a fee to defray the cost of the program.  A 
159.12  party who qualifies for waiver of filing fees under Minnesota 
159.13  Statutes, section 563.01, is exempt from paying the program fee 
159.14  and the court shall waive the fee or direct its payment under 
159.15  Minnesota Statutes, section 563.01.  Program providers shall 
159.16  implement a sliding fee scale. 
159.17     Subd. 4.  [EVALUATION.] By December 15, 1999, the state 
159.18  court administrator shall submit to the legislature a report 
159.19  evaluating the cooperation for the children program pilot 
159.20  project based on at least 12 months of data from the project. 
159.21     Sec. 9.  [EVALUATION.] 
159.22     By December 15, 1999, the state court administrator shall 
159.23  submit to the legislature a report evaluating the parent 
159.24  education program in Minnesota Statutes, section 518.157, based 
159.25  on at least 12 months of data from the program. 
159.26     Sec. 10.  [REPEALER.] 
159.27     Minnesota Statutes 1996, section 256.996, is repealed. 
159.28     Sec. 11.  [APPROPRIATIONS.] 
159.29     Subdivision 1.  [PARENT EDUCATION PROGRAM.] $....... is 
159.30  appropriated from the general fund to the district courts to 
159.31  develop and implement one or more parent education programs in 
159.32  each judicial district.  $....... is appropriated from the 
159.33  general fund to the state court administrator to evaluate the 
159.34  parent education program. 
159.35     Subd. 2.  [COOPERATION FOR THE CHILDREN PROGRAM.] $....... 
159.36  is appropriated from the general fund to the state court 
160.1   administrator to implement and evaluate the cooperation for the 
160.2   children program pilot project. 
160.3      Subd. 3.  [DURATION.] The appropriations in this section 
160.4   are available until June 30, 1999. 
160.5                              ARTICLE 3
160.6                           OTHER PROVISIONS
160.7      Section 1.  Minnesota Statutes 1996, section 517.01, is 
160.8   amended to read: 
160.9      517.01 [MARRIAGE A CIVIL CONTRACT.] 
160.10     Marriage, so far as its validity in law is concerned, is a 
160.11  civil contract between a man and a woman, to which the consent 
160.12  of the parties, capable in law of contracting, is essential.  
160.13  Lawful marriage may be contracted only between persons of the 
160.14  opposite sex and only when a license has been obtained as 
160.15  provided by law and when the marriage is contracted in the 
160.16  presence of two witnesses and solemnized by one authorized, or 
160.17  whom one or both of the parties in good faith believe to be 
160.18  authorized, so to do.  Marriages subsequent to April 26, 1941, 
160.19  not so contracted shall be null and void. 
160.20     Sec. 2.  Minnesota Statutes 1996, section 517.03, is 
160.21  amended to read: 
160.22     517.03 [PROHIBITED MARRIAGES.] 
160.23     Subdivision 1.  [GENERAL.] (a) The following marriages are 
160.24  prohibited: 
160.25     (a) (1) a marriage entered into before the dissolution of 
160.26  an earlier marriage of one of the parties becomes final, as 
160.27  provided in section 518.145 or by the law of the jurisdiction 
160.28  where the dissolution was granted; 
160.29     (b) (2) a marriage between an ancestor and a descendant, or 
160.30  between a brother and a sister, whether the relationship is by 
160.31  the half or the whole blood or by adoption; 
160.32     (c) (3) a marriage between an uncle and a niece, between an 
160.33  aunt and a nephew, or between first cousins, whether the 
160.34  relationship is by the half or the whole blood, except as to 
160.35  marriages permitted by the established customs of aboriginal 
160.36  cultures; provided, however, that and 
161.1      (4) a marriage between persons of the same sex. 
161.2      (b) A marriage entered into by persons of the same sex, 
161.3   either under common law or statute, that is recognized by 
161.4   another state or foreign jurisdiction is void in this state and 
161.5   contractual rights granted by virtue of the marriage or its 
161.6   termination are unenforceable in this state.  A same-sex 
161.7   relationship may not be recognized by this state as being 
161.8   entitled to the benefits of marriage. 
161.9      Subd. 2.  [MENTALLY RETARDED PERSONS; CONSENT BY 
161.10  COMMISSIONER OF HUMAN SERVICES.] Mentally retarded persons 
161.11  committed to the guardianship of the commissioner of human 
161.12  services and mentally retarded persons committed to the 
161.13  conservatorship of the commissioner of human services in which 
161.14  the terms of the conservatorship limit the right to marry, may 
161.15  marry on receipt of written consent of the commissioner.  The 
161.16  commissioner shall grant consent unless it appears from the 
161.17  commissioner's investigation that the marriage is not in the 
161.18  best interest of the ward or conservatee and the public.  The 
161.19  court administrator of the district court in the county where 
161.20  the application for a license is made by the ward or conservatee 
161.21  shall not issue the license unless the court administrator has 
161.22  received a signed copy of the consent of the commissioner of 
161.23  human services. 
161.24     Sec. 3.  Minnesota Statutes 1996, section 517.08, 
161.25  subdivision 1a, is amended to read: 
161.26     Subd. 1a.  Application for a marriage license shall be made 
161.27  upon a form provided for the purpose and shall contain the 
161.28  following information: 
161.29     (1) the full names of the parties, and the sex of each 
161.30  party; 
161.31     (2) their post office addresses and county and state of 
161.32  residence,; 
161.33     (3) their full ages,; 
161.34     (4) if either party has previously been married, the 
161.35  party's married name, and the date, place and court in which the 
161.36  marriage was dissolved or annulled or the date and place of 
162.1   death of the former spouse,; 
162.2      (5) if either party is a minor, the name and address of the 
162.3   minor's parents or guardian,; 
162.4      (6) whether the parties are related to each other, and, if 
162.5   so, their relationship,; 
162.6      (7) the name and date of birth of any child of which both 
162.7   parties are parents, born before the making of the application, 
162.8   unless their parental rights and the parent and child 
162.9   relationship with respect to the child have been terminated,; 
162.10     (8) address of the bride and groom after the marriage to 
162.11  which the court administrator shall send a certified copy of the 
162.12  marriage certificate,; and 
162.13     (9) the full names the parties will have after marriage. 
162.14     Sec. 4.  Minnesota Statutes 1996, section 517.20, is 
162.15  amended to read: 
162.16     517.20 [APPLICATION.] 
162.17     Except as provided in section 517.03, subdivision 1, 
162.18  paragraph (b), all marriages contracted within this state prior 
162.19  to March 1, 1979 or outside this state that were valid at the 
162.20  time of the contract or subsequently validated by the laws of 
162.21  the place in which they were contracted or by the domicile of 
162.22  the parties are valid in this state. 
162.23     Sec. 5.  Minnesota Statutes 1996, section 518.195, is 
162.24  amended to read: 
162.25     518.195 [PILOT PROJECT SUMMARY DISSOLUTION PROCESS.] 
162.26     Subdivision 1.  [CRITERIA.] In the counties selected under 
162.27  subdivision 4, A couple desirous of dissolving their marriage 
162.28  may use the streamlined procedure in this section if: 
162.29     (1) no living minor children have been born to or adopted 
162.30  by the parties before or during the marriage, unless someone 
162.31  other than the husband has been adjudicated the father; 
162.32     (2) the wife is not pregnant; 
162.33     (3) they have been married fewer than five eight years as 
162.34  of the date they file their joint declaration; 
162.35     (4) neither party owns any real estate; 
162.36     (5) there are no unpaid debts in excess of $5,000 $8,000 
163.1   incurred by either or both of the parties during the marriage, 
163.2   excluding encumbrances on automobiles; 
163.3      (6) the total fair market value of the marital assets does 
163.4   not exceed $25,000, including net equity on automobiles; 
163.5      (7) neither party has nonmarital assets in excess of 
163.6   $25,000; and 
163.7      (8) neither party has been a victim of domestic abuse by 
163.8   the other. 
163.9      Subd. 2.  [PROCEDURE.] A couple qualifying under all of the 
163.10  criteria in subdivision 1, may obtain a judgment and decree by: 
163.11     (1) filing a sworn joint declaration, on which both of 
163.12  their signatures must be notarized, containing or appending the 
163.13  following information: 
163.14     (i) the demographic data required in section 518.10; 
163.15     (ii) verifying the qualifications set forth in subdivision 
163.16  1; 
163.17     (iii) listing each party's nonmarital property; 
163.18     (iv) setting forth how the marital assets and debts will be 
163.19  apportioned; 
163.20     (v) verifying both parties' income and preserving their 
163.21  rights to spousal maintenance; and 
163.22     (vi) certifying that there has been no domestic abuse of 
163.23  one party by the other; and 
163.24     (2) viewing any introductory and summary process 
163.25  educational videotapes, if then available from the court, and 
163.26  certifying that they watched any such tapes within the 30 days 
163.27  preceding the filing of the joint declaration. 
163.28     The district court administrator shall enter a decree of 
163.29  dissolution 30 days after the filing of the joint declaration if 
163.30  the parties meet the statutory qualifications and have complied 
163.31  with the procedural requirements of this subdivision. 
163.32     Subd. 3.  [FORMS.] The state court administrator shall 
163.33  develop simplified forms and instructions for the summary 
163.34  process within 120 days of July 1, 1991.  District court 
163.35  administrators shall make the forms for the summary process 
163.36  available upon request and shall accept joint declarations for 
164.1   filing 180 days after July 1, 1991 on and after July 1, 1997. 
164.2      Subd. 4.  [PILOT PROGRAM.] The state court administrator 
164.3   shall designate no more than five counties in at least three 
164.4   different judicial districts as pilot jurisdictions for testing 
164.5   the streamlined process.  District court administrators shall 
164.6   make the forms for the summary process available upon request to 
164.7   appropriate residents of the pilot jurisdictions. 
164.8      Sec. 6.  Minnesota Statutes 1996, section 519.05, is 
164.9   amended to read: 
164.10     519.05 [LIABILITY OF HUSBAND AND WIFE.] 
164.11     (a) A spouse is not liable to a creditor for any debts of 
164.12  the other spouse, except for necessaries furnished to the other 
164.13  after marriage, where the spouse would be liable at common law.  
164.14  Where husband and wife are living together, they shall be 
164.15  jointly and severally liable for all necessary household 
164.16  articles and supplies furnished to and used by the 
164.17  family. utilities supplied to a residence when the spouses are 
164.18  living together.  Notwithstanding this paragraph, in a 
164.19  proceeding under chapter 518 the court may apportion such debt 
164.20  between the spouses. 
164.21     (b) Either spouse may close a credit card account or other 
164.22  unsecured consumer line of credit on which both spouses are 
164.23  contractually liable, by giving written notice to the creditor. 
164.24     Sec. 7.  [EFFECTIVE DATE; APPLICATION.] 
164.25     Sections 1, 2, and 4 are effective the day following final 
164.26  enactment.  Section 3 is effective July 1, 1997.  Section 2, 
164.27  subdivision 1, paragraph (b), and section 4 apply to all 
164.28  marriages entered into in other jurisdictions before, on, or 
164.29  after the effective date.