HF 510

3rd Engrossment - 81st Legislature (1999 - 2000) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act
  1.2             relating to family law; repealing the administrative 
  1.3             process for support orders; establishing a child 
  1.4             support magistrate system; authorizing child support 
  1.5             and visitation review hearings; amending Minnesota 
  1.6             Statutes 1998, sections 357.021, subdivision 1a; 
  1.7             484.70, subdivision 1; 518.551, subdivisions 12, 13, 
  1.8             and 14; 518.575, subdivision 1; and 518.616, 
  1.9             subdivision 1; proposing coding for new law in 
  1.10            Minnesota Statutes, chapters 484; and 518; repealing 
  1.11            Minnesota Statutes 1998, sections 518.5511; and 
  1.12            518.5512. 
  1.13  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.14                             ARTICLE 1
  1.15      EXPEDITED ADMINISTRATIVE PROCEDURES AND JUDICIAL PROCESS 
  1.16     Section 1.  Minnesota Statutes 1998, section 484.70, 
  1.17  subdivision 1, is amended to read: 
  1.18     Subdivision 1.  [APPOINTMENT.] The chief judge of the 
  1.19  judicial district may appoint one or more suitable persons to 
  1.20  act as referees.  Referees shall hold office at the pleasure of 
  1.21  the judges of the district court and shall be learned in the 
  1.22  law, except that persons holding the office of referee on 
  1.23  January 1, 1983, may continue to serve under the terms and 
  1.24  conditions of their appointment.  All referees are subject to 
  1.25  the administrative authority and assignment power of the chief 
  1.26  judge of the district as provided in section 484.69, subdivision 
  1.27  3, and are not limited to assignment to family, probate, 
  1.28  juvenile or special term court.  Part time referees holding 
  1.29  office in the second judicial district pursuant to this 
  2.1   subdivision shall cease to hold office on July 31, 1984.  
  2.2      Sec. 2.  [484.702] [EXPEDITED CHILD SUPPORT HEARING 
  2.3   PROCESS.] 
  2.4      Subdivision 1.  [ESTABLISHMENT.] The supreme court shall 
  2.5   establish an expedited child support hearing process to increase 
  2.6   effectiveness in hearings related to the establishment, 
  2.7   modification, or enforcement of child support and paternity 
  2.8   orders.  The process must be designed to handle child support 
  2.9   and paternity matters within the time frames provided by Code of 
  2.10  Federal Regulations, title 45, section 303.101. 
  2.11     Subd. 2.  [ADMINISTRATION.] The state court administrator 
  2.12  shall provide for the administration of the expedited child 
  2.13  support hearing process in each judicial district. 
  2.14     Subd. 3.  [APPOINTMENT OF CHILD SUPPORT MAGISTRATES.] The 
  2.15  chief judge of each judicial district may appoint one or more 
  2.16  suitable persons to act as child support magistrates for the 
  2.17  expedited child support hearing process, with the confirmation 
  2.18  of the supreme court. 
  2.19     Subd. 4.  [TRAINING AND QUALIFICATIONS OF CHILD SUPPORT 
  2.20  MAGISTRATES.] The supreme court must: 
  2.21     (1) provide training for individuals who serve as child 
  2.22  support magistrates for the expedited child support hearing 
  2.23  process; 
  2.24     (2) establish minimum qualifications for child support 
  2.25  magistrates; and 
  2.26     (3) establish a policy for evaluating and removing child 
  2.27  support magistrates. 
  2.28     Subd. 5.  [RULES.] The supreme court, in consultation with 
  2.29  the conference of chief judges, shall adopt rules to implement 
  2.30  the expedited child support hearing process under this section. 
  2.31     Sec. 3.  [518.178] [VISITATION AND SUPPORT REVIEW HEARING.] 
  2.32     Upon motion of either party, the court shall conduct a 
  2.33  hearing to review compliance with the visitation and child 
  2.34  support provisions set forth in a decree of dissolution or legal 
  2.35  separation or an order that establishes child custody, 
  2.36  visitation, and support rights and obligations of parents.  The 
  3.1   state court administrator shall prepare, and each court 
  3.2   administrator shall make available, simplified pro se forms for 
  3.3   reviewing visitation and child support disputes.  The court may 
  3.4   impose any visitation enforcement remedy available under 
  3.5   sections 518.175 and 518.1751, and any support enforcement 
  3.6   remedy available under section 518.551. 
  3.7      Sec. 4.  [518.5513] [PUBLIC AUTHORITY PROCEDURES FOR CHILD 
  3.8   AND MEDICAL SUPPORT ORDERS AND PARENTAGE ORDERS.] 
  3.9      Subdivision 1.  [GENERAL.] The public authority may use the 
  3.10  provisions of this section in cases in which support rights are 
  3.11  assigned under section 256.741, subdivision 2, or where the 
  3.12  public authority is providing services under an application for 
  3.13  child support services. 
  3.14     Subd. 2.  [ROLE OF NONATTORNEY EMPLOYEES; GENERAL 
  3.15  PROVISIONS.] Under the direction of the county attorney, 
  3.16  nonattorney employees of the public authority may:  
  3.17     (1) gather information, negotiate settlements, and prepare 
  3.18  pleadings, including proposed orders, stipulations, and related 
  3.19  documents, on behalf of the public authority; 
  3.20     (2) meet and confer with parties to a child support or 
  3.21  paternity proceeding in person or by mail, telephone, electronic 
  3.22  means, or any other method that facilitates communication and 
  3.23  agreement; and 
  3.24     (3) exercise other powers on behalf of the public authority 
  3.25  under this section as provided in subdivisions 3 to 6. 
  3.26     Subd. 3.  [PREPARATION OF FINANCIAL WORKSHEET.] (a) In 
  3.27  cases involving establishment or modification of a child support 
  3.28  order, a nonattorney employee of the public authority shall 
  3.29  prepare a financial worksheet that contains: 
  3.30     (1) names and addresses of the parties; 
  3.31     (2) social security numbers of the parties; 
  3.32     (3) number of members in household of each party and 
  3.33  dependents of the parties; 
  3.34     (4) names and addresses of the parties' employers; 
  3.35     (5) net income of the parties as defined in section 
  3.36  518.551, subdivision 5, with the authorized deductions itemized; 
  4.1      (6) amounts and sources of any other earnings and income of 
  4.2   the parties; 
  4.3      (7) health insurance coverage of parties; and 
  4.4      (8) any other information relevant to the determination of 
  4.5   child or medical support under section 518.171 or 518.551, 
  4.6   subdivision 5. 
  4.7      (b) In preparing the financial worksheet, the nonattorney 
  4.8   employee of the public authority shall obtain any income 
  4.9   information available to the public authority from the 
  4.10  department of economic security and serve this information on 
  4.11  the parties.  The information must be filed with the court or 
  4.12  family law magistrate at least five days before any hearing 
  4.13  involving child support, medical support, or child care 
  4.14  reimbursement issues. 
  4.15     Subd. 4.  [DOCUMENTS BASED ON FINANCIAL WORKSHEET.] Under 
  4.16  the direction of the county attorney, the nonattorney employee 
  4.17  of the public authority shall prepare a document based on the 
  4.18  information obtained from the financial worksheet that: 
  4.19     (1) calculates the amount of child support pursuant to 
  4.20  section 518.551, subdivision 5, including the amount of child 
  4.21  care expenses, if any, to be paid by the parties; and 
  4.22     (2) provides for medical support pursuant to section 
  4.23  518.171. 
  4.24     The document may be used as a basis for negotiating a 
  4.25  settlement with the parties. 
  4.26     Subd. 5.  [NONCONTESTED MATTERS.] Under the direction of 
  4.27  the county attorney and based on agreement of the parties, 
  4.28  nonattorney employees may prepare a stipulation, findings of 
  4.29  fact, conclusions of law, and proposed order.  The documents 
  4.30  must be approved and signed by the county attorney as to form 
  4.31  and content before submission to the court or family law 
  4.32  magistrate for approval. 
  4.33     Subd. 6.  [ADMINISTRATIVE AUTHORITY.] (a) Provided that a 
  4.34  factual basis exists and no actions are pending in court and no 
  4.35  court order has been issued involving the same parties or 
  4.36  issues, the public authority may, without requirement of a court 
  5.1   order: 
  5.2      (1) recognize and enforce orders of child support agencies 
  5.3   of other states; 
  5.4      (2) subpoena the appropriate person to submit to blood or 
  5.5   genetic testing for the purpose of establishing paternity; 
  5.6      (3) subpoena financial or other information needed to 
  5.7   establish, modify, or enforce a child support order and request 
  5.8   sanctions for failure to respond to a subpoena; 
  5.9      (4) upon notice to the obligor, obligee, and the 
  5.10  appropriate court, direct the obligor or other payor to change 
  5.11  the payee to the central collections unit under sections 
  5.12  518.5851 to 518.5853; 
  5.13     (5) order income withholding of child support under section 
  5.14  518.6111; 
  5.15     (6) secure assets to satisfy the debt or arrearage in cases 
  5.16  in which there is a support debt or arrearage by: 
  5.17     (i) intercepting or seizing periodic or lump sum payments 
  5.18  from state or local agencies, including reemployment insurance, 
  5.19  workers' compensation payments, judgments, settlements, 
  5.20  lotteries, and other lump-sum payments; 
  5.21     (ii) attaching and seizing assets of the obligor held in 
  5.22  financial institutions or public or private retirement funds; 
  5.23  and 
  5.24     (iii) imposing liens in accordance with section 548.091 
  5.25  and, in appropriate cases, forcing the sale of property and the 
  5.26  distribution of proceeds; 
  5.27     (7) for the purpose of securing overdue support, increase 
  5.28  the amount of the monthly support payments to include amounts 
  5.29  for debts or arrearages pursuant to section 518.6111; and 
  5.30     (8) subpoena an employer or payor of funds to provide 
  5.31  promptly information on the employment, compensation, and 
  5.32  benefits of an individual employed by that employer as an 
  5.33  employee or contractor, and to request sanctions for failure to 
  5.34  respond to the subpoena as provided by law. 
  5.35     (b) Subpoenas may be served anywhere within the state and 
  5.36  served outside the state in the same manner as prescribed by law 
  6.1   for service of process of subpoenas issued by the district court 
  6.2   of this state.  When a subpoena under this subdivision is served 
  6.3   on a third-party recordkeeper, written notice of the subpoena 
  6.4   shall be mailed to the person who is the subject of the 
  6.5   subpoenaed material at the person's last known address within 
  6.6   three days of the day the subpoena is served.  This notice 
  6.7   provision does not apply if there is reasonable cause to believe 
  6.8   the giving of the notice may lead to interference with the 
  6.9   production of the subpoenaed documents. 
  6.10     (c) A person served with a subpoena may make a written 
  6.11  objection to the public authority or court before the time 
  6.12  specified in the subpoena for compliance.  The public authority 
  6.13  or the court shall cancel or modify the subpoena, if 
  6.14  appropriate.  The public authority shall pay the reasonable 
  6.15  costs of producing the documents, if requested. 
  6.16     (d) Subpoenas are enforceable in the same manner as 
  6.17  subpoenas of the district court.  Upon motion of the county 
  6.18  attorney, the court may issue an order directing the production 
  6.19  of the records.  Failure to comply with the court order may 
  6.20  subject the person who fails to comply to civil or criminal 
  6.21  contempt of court. 
  6.22     (e) The expedited procedures under this subdivision are 
  6.23  subject to due process safeguards, including requirements for 
  6.24  notice, opportunity to contest the action before a child support 
  6.25  magistrate, judicial officer, or judge, and opportunity to 
  6.26  appeal the order to the court. 
  6.27     (f) The county attorney must approve and sign orders and 
  6.28  subpoenas under this subdivision. 
  6.29     Sec. 5.  [TRANSITIONAL PROVISIONS.] 
  6.30     Judicial districts are encouraged to utilize the existing 
  6.31  expertise of child support administrative law judges in 
  6.32  appointing child support magistrates under section 2 in order to 
  6.33  facilitate the transfer of these functions to the judicial 
  6.34  branch.  Child support magistrates are state employees in the 
  6.35  judicial branch.  
  6.36                             ARTICLE 2 
  7.1                    ADMINISTRATIVE PROCESS REPEAL
  7.2      Section 1.  Minnesota Statutes 1998, section 357.021, 
  7.3   subdivision 1a, is amended to read: 
  7.4      Subd. 1a.  [TRANSMITTAL OF FEES TO STATE TREASURER.] (a) 
  7.5   Every person, including the state of Minnesota and all bodies 
  7.6   politic and corporate, who shall transact any business in the 
  7.7   district court, shall pay to the court administrator of said 
  7.8   court the sundry fees prescribed in subdivision 2.  Except as 
  7.9   provided in paragraph (d), the court administrator shall 
  7.10  transmit the fees monthly to the state treasurer for deposit in 
  7.11  the state treasury and credit to the general fund.  
  7.12     (b) In a county which has a screener-collector position, 
  7.13  fees paid by a county pursuant to this subdivision shall be 
  7.14  transmitted monthly to the county treasurer, who shall apply the 
  7.15  fees first to reimburse the county for the amount of the salary 
  7.16  paid for the screener-collector position.  The balance of the 
  7.17  fees collected shall then be forwarded to the state treasurer 
  7.18  for deposit in the state treasury and credited to the general 
  7.19  fund.  In a county in the eighth judicial district which has a 
  7.20  screener-collector position, the fees paid by a county shall be 
  7.21  transmitted monthly to the state treasurer for deposit in the 
  7.22  state treasury and credited to the general fund.  A 
  7.23  screener-collector position for purposes of this paragraph is an 
  7.24  employee whose function is to increase the collection of fines 
  7.25  and to review the incomes of potential clients of the public 
  7.26  defender, in order to verify eligibility for that service. 
  7.27     (c) No fee is required under this section from the public 
  7.28  authority or the party the public authority represents in an 
  7.29  action for: 
  7.30     (1) child support enforcement or modification, medical 
  7.31  assistance enforcement, or establishment of parentage in the 
  7.32  district court, or child or medical support enforcement 
  7.33  conducted by an administrative law judge in an administrative 
  7.34  hearing under section 518.5511; 
  7.35     (2) civil commitment under chapter 253B; 
  7.36     (3) the appointment of a public conservator or public 
  8.1   guardian or any other action under chapters 252A and 525; 
  8.2      (4) wrongfully obtaining public assistance under section 
  8.3   256.98 or 256D.07, or recovery of overpayments of public 
  8.4   assistance; 
  8.5      (5) court relief under chapter 260; 
  8.6      (6) forfeiture of property under sections 169.1217 and 
  8.7   609.531 to 609.5317; 
  8.8      (7) recovery of amounts issued by political subdivisions or 
  8.9   public institutions under sections 246.52, 252.27, 256.045, 
  8.10  256.25, 256.87, 256B.042, 256B.14, 256B.15, 256B.37, and 
  8.11  260.251, or other sections referring to other forms of public 
  8.12  assistance; 
  8.13     (8) restitution under section 611A.04; or 
  8.14     (9) actions seeking monetary relief in favor of the state 
  8.15  pursuant to section 16D.14, subdivision 5. 
  8.16     (d) The fees collected for child support modifications 
  8.17  under subdivision 2, clause (13), must be transmitted to the 
  8.18  county treasurer for deposit in the county general fund.  The 
  8.19  fees must be used by the county to pay for child support 
  8.20  enforcement efforts by county attorneys. 
  8.21     Sec. 2.  Minnesota Statutes 1998, section 518.551, 
  8.22  subdivision 12, is amended to read: 
  8.23     Subd. 12.  [OCCUPATIONAL LICENSE SUSPENSION.] (a) Upon 
  8.24  motion of an obligee, if the court finds that the obligor is or 
  8.25  may be licensed by a licensing board listed in section 214.01 or 
  8.26  other state, county, or municipal agency or board that issues an 
  8.27  occupational license and the obligor is in arrears in 
  8.28  court-ordered child support or maintenance payments or both in 
  8.29  an amount equal to or greater than three times the obligor's 
  8.30  total monthly support and maintenance payments and is not in 
  8.31  compliance with a written payment agreement regarding both 
  8.32  current support and arrearages approved by the court, an 
  8.33  administrative law judge, a child support magistrate, or the 
  8.34  public authority, the administrative law judge, or the court 
  8.35  shall direct the licensing board or other licensing agency to 
  8.36  suspend the license under section 214.101.  The court's order 
  9.1   must be stayed for 90 days in order to allow the obligor to 
  9.2   execute a written payment agreement regarding both current 
  9.3   support and arrearages.  The payment agreement must be approved 
  9.4   by either the court or the public authority responsible for 
  9.5   child support enforcement.  If the obligor has not executed or 
  9.6   is not in compliance with a written payment agreement regarding 
  9.7   both current support and arrearages after the 90 days expires, 
  9.8   the court's order becomes effective.  If the obligor is a 
  9.9   licensed attorney, the court shall report the matter to the 
  9.10  lawyers professional responsibility board for appropriate action 
  9.11  in accordance with the rules of professional conduct.  The 
  9.12  remedy under this subdivision is in addition to any other 
  9.13  enforcement remedy available to the court. 
  9.14     (b) If a public authority responsible for child support 
  9.15  enforcement finds that the obligor is or may be licensed by a 
  9.16  licensing board listed in section 214.01 or other state, county, 
  9.17  or municipal agency or board that issues an occupational license 
  9.18  and the obligor is in arrears in court-ordered child support or 
  9.19  maintenance payments or both in an amount equal to or greater 
  9.20  than three times the obligor's total monthly support and 
  9.21  maintenance payments and is not in compliance with a written 
  9.22  payment agreement regarding both current support and arrearages 
  9.23  approved by the court, an administrative law judge, a child 
  9.24  support magistrate, or the public authority, the court, an 
  9.25  administrative law judge, or the public authority shall direct 
  9.26  the licensing board or other licensing agency to suspend the 
  9.27  license under section 214.101.  If the obligor is a licensed 
  9.28  attorney, the public authority may report the matter to the 
  9.29  lawyers professional responsibility board for appropriate action 
  9.30  in accordance with the rules of professional conduct.  The 
  9.31  remedy under this subdivision is in addition to any other 
  9.32  enforcement remedy available to the public authority. 
  9.33     (c) At least 90 days before notifying a licensing authority 
  9.34  or the lawyers professional responsibility board under paragraph 
  9.35  (b), the public authority shall mail a written notice to the 
  9.36  license holder addressed to the license holder's last known 
 10.1   address that the public authority intends to seek license 
 10.2   suspension under this subdivision and that the license holder 
 10.3   must request a hearing within 30 days in order to contest the 
 10.4   suspension.  If the license holder makes a written request for a 
 10.5   hearing within 30 days of the date of the notice, either a court 
 10.6   hearing or a contested administrative proceeding must be held 
 10.7   under section 518.5511, subdivision 4.  Notwithstanding any law 
 10.8   to the contrary, the license holder must be served with 14 days' 
 10.9   notice in writing specifying the time and place of the hearing 
 10.10  and the allegations against the license holder.  The notice may 
 10.11  be served personally or by mail.  If the public authority does 
 10.12  not receive a request for a hearing within 30 days of the date 
 10.13  of the notice, and the obligor does not execute a written 
 10.14  payment agreement regarding both current support and arrearages 
 10.15  approved by the public authority within 90 days of the date of 
 10.16  the notice, the public authority shall direct the licensing 
 10.17  board or other licensing agency to suspend the obligor's license 
 10.18  under paragraph (b), or shall report the matter to the lawyers 
 10.19  professional responsibility board. 
 10.20     (d) The administrative law judge, on behalf of The public 
 10.21  authority, or the court shall notify the lawyers professional 
 10.22  responsibility board for appropriate action in accordance with 
 10.23  the rules of professional responsibility conduct or order the 
 10.24  licensing board or licensing agency to suspend the license if 
 10.25  the judge finds that: 
 10.26     (1) the person is licensed by a licensing board or other 
 10.27  state agency that issues an occupational license; 
 10.28     (2) the person has not made full payment of arrearages 
 10.29  found to be due by the public authority; and 
 10.30     (3) the person has not executed or is not in compliance 
 10.31  with a payment plan approved by the court, an administrative law 
 10.32  judge, a child support magistrate, or the public authority. 
 10.33     (e) Within 15 days of the date on which the obligor either 
 10.34  makes full payment of arrearages found to be due by the court or 
 10.35  public authority or executes and initiates good faith compliance 
 10.36  with a written payment plan approved by the court, an 
 11.1   administrative law judge, a child support magistrate, or the 
 11.2   public authority, the court, an administrative law judge, a 
 11.3   child support magistrate, or the public authority responsible 
 11.4   for child support enforcement shall notify the licensing board 
 11.5   or licensing agency or the lawyers professional responsibility 
 11.6   board that the obligor is no longer ineligible for license 
 11.7   issuance, reinstatement, or renewal under this subdivision. 
 11.8      (f) In addition to the criteria established under this 
 11.9   section for the suspension of an obligor's occupational license, 
 11.10  a court, an administrative law judge, a child support 
 11.11  magistrate, or the public authority may direct the licensing 
 11.12  board or other licensing agency to suspend the license of a 
 11.13  party who has failed, after receiving notice, to comply with a 
 11.14  subpoena relating to a paternity or child support proceeding.  
 11.15  Notice to an obligor of intent to suspend must be served by 
 11.16  first class mail at the obligor's last known address.  The 
 11.17  notice must inform the obligor of the right to request a 
 11.18  hearing.  If the obligor makes a written request within ten days 
 11.19  of the date of the hearing, a contested administrative 
 11.20  proceeding hearing must be held under section 518.5511, 
 11.21  subdivision 4.  At the hearing, the only issues to be considered 
 11.22  are mistake of fact and whether the obligor received the 
 11.23  subpoena. 
 11.24     (g) The license of an obligor who fails to remain in 
 11.25  compliance with an approved payment agreement may be suspended.  
 11.26  Notice to the obligor of an intent to suspend under this 
 11.27  paragraph must be served by first class mail at the obligor's 
 11.28  last known address and must include a notice of hearing.  The 
 11.29  notice must be served upon the obligor not less than ten days 
 11.30  before the date of the hearing.  If the obligor appears at the 
 11.31  hearing and the judge determines that the obligor has failed to 
 11.32  comply with an approved payment agreement, the judge shall 
 11.33  notify the occupational licensing board or agency to suspend the 
 11.34  obligor's license under paragraph (c).  If the obligor fails to 
 11.35  appear at the hearing, the public authority may notify the 
 11.36  occupational or licensing board to suspend the obligor's license 
 12.1   under paragraph (c). 
 12.2      Sec. 3.  Minnesota Statutes 1998, section 518.551, 
 12.3   subdivision 13, is amended to read: 
 12.4      Subd. 13.  [DRIVER'S LICENSE SUSPENSION.] (a) Upon motion 
 12.5   of an obligee, which has been properly served on the obligor and 
 12.6   upon which there has been an opportunity for hearing, if a court 
 12.7   finds that the obligor has been or may be issued a driver's 
 12.8   license by the commissioner of public safety and the obligor is 
 12.9   in arrears in court-ordered child support or maintenance 
 12.10  payments, or both, in an amount equal to or greater than three 
 12.11  times the obligor's total monthly support and maintenance 
 12.12  payments and is not in compliance with a written payment 
 12.13  agreement regarding both current support and arrearages approved 
 12.14  by the court, an administrative law judge, a child support 
 12.15  magistrate, or the public authority, the court shall order the 
 12.16  commissioner of public safety to suspend the obligor's driver's 
 12.17  license.  The court's order must be stayed for 90 days in order 
 12.18  to allow the obligor to execute a written payment agreement 
 12.19  regarding both current support and arrearages, which payment 
 12.20  agreement must be approved by either the court or the public 
 12.21  authority responsible for child support enforcement.  If the 
 12.22  obligor has not executed or is not in compliance with a written 
 12.23  payment agreement regarding both current support and arrearages 
 12.24  after the 90 days expires, the court's order becomes effective 
 12.25  and the commissioner of public safety shall suspend the 
 12.26  obligor's driver's license.  The remedy under this subdivision 
 12.27  is in addition to any other enforcement remedy available to the 
 12.28  court.  An obligee may not bring a motion under this paragraph 
 12.29  within 12 months of a denial of a previous motion under this 
 12.30  paragraph. 
 12.31     (b) If a public authority responsible for child support 
 12.32  enforcement determines that the obligor has been or may be 
 12.33  issued a driver's license by the commissioner of public safety 
 12.34  and the obligor is in arrears in court-ordered child support or 
 12.35  maintenance payments or both in an amount equal to or greater 
 12.36  than three times the obligor's total monthly support and 
 13.1   maintenance payments and not in compliance with a written 
 13.2   payment agreement regarding both current support and arrearages 
 13.3   approved by the court, an administrative law judge, a child 
 13.4   support magistrate, or the public authority, the public 
 13.5   authority shall direct the commissioner of public safety to 
 13.6   suspend the obligor's driver's license.  The remedy under this 
 13.7   subdivision is in addition to any other enforcement remedy 
 13.8   available to the public authority. 
 13.9      (c) At least 90 days prior to notifying the commissioner of 
 13.10  public safety according to paragraph (b), the public authority 
 13.11  must mail a written notice to the obligor at the obligor's last 
 13.12  known address, that it intends to seek suspension of the 
 13.13  obligor's driver's license and that the obligor must request a 
 13.14  hearing within 30 days in order to contest the suspension.  If 
 13.15  the obligor makes a written request for a hearing within 30 days 
 13.16  of the date of the notice, either a court hearing or a contested 
 13.17  administrative proceeding must be held under section 518.5511, 
 13.18  subdivision 4.  Notwithstanding any law to the contrary, the 
 13.19  obligor must be served with 14 days' notice in writing 
 13.20  specifying the time and place of the hearing and the allegations 
 13.21  against the obligor.  The notice may be served personally or by 
 13.22  mail.  If the public authority does not receive a request for a 
 13.23  hearing within 30 days of the date of the notice, and the 
 13.24  obligor does not execute a written payment agreement regarding 
 13.25  both current support and arrearages approved by the public 
 13.26  authority within 90 days of the date of the notice, the public 
 13.27  authority shall direct the commissioner of public safety to 
 13.28  suspend the obligor's driver's license under paragraph (b). 
 13.29     (d) At a hearing requested by the obligor under paragraph 
 13.30  (c), and on finding that the obligor is in arrears in 
 13.31  court-ordered child support or maintenance payments or both in 
 13.32  an amount equal to or greater than three times the obligor's 
 13.33  total monthly support and maintenance payments, the district 
 13.34  court or the administrative law judge or child support 
 13.35  magistrate shall order the commissioner of public safety to 
 13.36  suspend the obligor's driver's license or operating privileges 
 14.1   unless the court or administrative law judge child support 
 14.2   magistrate determines that the obligor has executed and is in 
 14.3   compliance with a written payment agreement regarding both 
 14.4   current support and arrearages approved by the court, an 
 14.5   administrative law judge, a child support magistrate, or the 
 14.6   public authority. 
 14.7      (e) An obligor whose driver's license or operating 
 14.8   privileges are suspended may provide proof to the public 
 14.9   authority responsible for child support enforcement that the 
 14.10  obligor is in compliance with all written payment agreements 
 14.11  regarding both current support and arrearages.  Within 15 days 
 14.12  of the receipt of that proof, the public authority shall inform 
 14.13  the commissioner of public safety that the obligor's driver's 
 14.14  license or operating privileges should no longer be suspended. 
 14.15     (f) On January 15, 1997, and every two years after that, 
 14.16  the commissioner of human services shall submit a report to the 
 14.17  legislature that identifies the following information relevant 
 14.18  to the implementation of this section: 
 14.19     (1) the number of child support obligors notified of an 
 14.20  intent to suspend a driver's license; 
 14.21     (2) the amount collected in payments from the child support 
 14.22  obligors notified of an intent to suspend a driver's license; 
 14.23     (3) the number of cases paid in full and payment agreements 
 14.24  executed in response to notification of an intent to suspend a 
 14.25  driver's license; 
 14.26     (4) the number of cases in which there has been 
 14.27  notification and no payments or payment agreements; 
 14.28     (5) the number of driver's licenses suspended; and 
 14.29     (6) the cost of implementation and operation of the 
 14.30  requirements of this section. 
 14.31     (g) In addition to the criteria established under this 
 14.32  section for the suspension of an obligor's driver's license, a 
 14.33  court, an administrative law judge, a child support magistrate, 
 14.34  or the public authority may direct the commissioner of public 
 14.35  safety to suspend the license of a party who has failed, after 
 14.36  receiving notice, to comply with a subpoena relating to a 
 15.1   paternity or child support proceeding.  Notice to an obligor of 
 15.2   intent to suspend must be served by first class mail at the 
 15.3   obligor's last known address.  The notice must inform the 
 15.4   obligor of the right to request a hearing.  If the obligor makes 
 15.5   a written request within ten days of the date of the hearing, 
 15.6   a contested administrative proceeding must be held under section 
 15.7   518.5511, subdivision 4 hearing must be held.  At the hearing, 
 15.8   the only issues to be considered are mistake of fact and whether 
 15.9   the obligor received the subpoena. 
 15.10     (h) The license of an obligor who fails to remain in 
 15.11  compliance with an approved payment agreement may be suspended.  
 15.12  Notice to the obligor of an intent to suspend under this 
 15.13  paragraph must be served by first class mail at the obligor's 
 15.14  last known address and must include a notice of hearing.  The 
 15.15  notice must be served upon the obligor not less than ten days 
 15.16  before the date of the hearing.  If the obligor appears at the 
 15.17  hearing and the judge determines that the obligor has failed to 
 15.18  comply with an approved payment agreement, the judge shall 
 15.19  notify the department of public safety to suspend the obligor's 
 15.20  license under paragraph (c).  If the obligor fails to appear at 
 15.21  the hearing, the public authority may notify the department of 
 15.22  public safety to suspend the obligor's license under paragraph 
 15.23  (c). 
 15.24     Sec. 4.  Minnesota Statutes 1998, section 518.551, 
 15.25  subdivision 14, is amended to read: 
 15.26     Subd. 14.  [MOTOR VEHICLE LIEN.] (a) Upon motion of an 
 15.27  obligee, if a court finds that the obligor is a debtor for a 
 15.28  judgment debt resulting from nonpayment of court-ordered child 
 15.29  support or maintenance payments, or both, in an amount equal to 
 15.30  or greater than three times the obligor's total monthly support 
 15.31  and maintenance payments, the court shall order the commissioner 
 15.32  of public safety to enter a lien in the name of the obligee or 
 15.33  in the name of the state of Minnesota, as appropriate, in 
 15.34  accordance with section 168A.05, subdivision 8, unless the court 
 15.35  finds that the obligor is in compliance with a written payment 
 15.36  agreement regarding both current support and arrearages approved 
 16.1   by the court, an administrative law judge, a child support 
 16.2   magistrate, or the public authority.  The court's order must be 
 16.3   stayed for 90 days in order to allow the obligor to execute a 
 16.4   written payment agreement regarding both current support and 
 16.5   arrearages, which agreement shall be approved by either the 
 16.6   court or the public authority responsible for child support 
 16.7   enforcement.  If the obligor has not executed or is not in 
 16.8   compliance with a written payment agreement regarding both 
 16.9   current support and arrearages approved by the court, an 
 16.10  administrative law judge, a child support magistrate, or the 
 16.11  public authority within the 90-day period, the court's order 
 16.12  becomes effective and the commissioner of public safety shall 
 16.13  record the lien on any motor vehicle certificate of title 
 16.14  subsequently issued in the name of the obligor.  The remedy 
 16.15  under this subdivision is in addition to any other enforcement 
 16.16  remedy available to the court. 
 16.17     (b) If a public authority responsible for child support 
 16.18  enforcement determines that the obligor is a debtor for judgment 
 16.19  debt resulting from nonpayment of court-ordered child support or 
 16.20  maintenance payments, or both, in an amount equal to or greater 
 16.21  than three times the obligor's total monthly support and 
 16.22  maintenance payments, the public authority shall direct the 
 16.23  commissioner of public safety to enter a lien in the name of the 
 16.24  obligee or in the name of the state of Minnesota, as 
 16.25  appropriate, under section 168A.05, subdivision 8, on any motor 
 16.26  vehicle certificate of title subsequently issued in the name of 
 16.27  the obligor unless the public authority determines that the 
 16.28  obligor is in compliance with a written payment agreement 
 16.29  regarding both current support and arrearages approved by the 
 16.30  court, an administrative law judge, a child support magistrate, 
 16.31  or the public authority.  The remedy under this subdivision is 
 16.32  in addition to any other enforcement remedy available to the 
 16.33  public agency. 
 16.34     (c) At least 90 days prior to notifying the commissioner of 
 16.35  public safety pursuant to paragraph (b), the public authority 
 16.36  must mail a written notice to the obligor at the obligor's last 
 17.1   known address, that it intends to record a lien on any motor 
 17.2   vehicle certificate of title subsequently issued in the name of 
 17.3   the obligor and that the obligor must request a hearing within 
 17.4   30 days in order to contest the action.  If the obligor makes a 
 17.5   written request for a hearing within 30 days of the date of the 
 17.6   notice, either a court hearing or a contested administrative 
 17.7   proceeding must be held under section 518.5511, subdivision 4.  
 17.8   Notwithstanding any law to the contrary, the obligor must be 
 17.9   served with 14 days' notice in writing specifying the time and 
 17.10  place of the hearing and the allegations against the obligor.  
 17.11  The notice may be served personally or by mail.  If the public 
 17.12  authority does not receive a request for a hearing within 30 
 17.13  days of the date of the notice and the obligor does not execute 
 17.14  or is not in compliance with a written payment agreement 
 17.15  regarding both current support and arrearages approved by the 
 17.16  public authority within 90 days of the date of the notice, the 
 17.17  public authority shall direct the commissioner of public safety 
 17.18  to record the lien under paragraph (b). 
 17.19     (d) At a hearing requested by the obligor under paragraph 
 17.20  (c), and on finding that the obligor is in arrears in 
 17.21  court-ordered child support or maintenance payments or both in 
 17.22  an amount equal to or greater than three times the obligor's 
 17.23  total monthly support and maintenance payments, the district 
 17.24  court or the administrative law judge child support magistrate 
 17.25  shall order the commissioner of public safety to record the lien 
 17.26  unless the court or administrative law judge child support 
 17.27  magistrate determines that the obligor has executed and is in 
 17.28  compliance with a written payment agreement regarding both 
 17.29  current support and arrearages determined to be acceptable by 
 17.30  the court, an administrative law judge, a child support 
 17.31  magistrate, or the public authority. 
 17.32     (e) An obligor may provide proof to the court or the public 
 17.33  authority responsible for child support enforcement that the 
 17.34  obligor is in compliance with all written payment agreements 
 17.35  regarding both current support and arrearages or that the value 
 17.36  of the motor vehicle is less than the exemption provided under 
 18.1   section 550.37.  Within 15 days of the receipt of that proof, 
 18.2   the court or public authority shall either execute a release of 
 18.3   security interest under section 168A.20, subdivision 4, and mail 
 18.4   or deliver the release to the owner or other authorized person 
 18.5   or shall direct the commissioner of public safety not to enter a 
 18.6   lien on any motor vehicle certificate of title subsequently 
 18.7   issued in the name of the obligor in instances where a lien has 
 18.8   not yet been entered.  
 18.9      (f) Any lien recorded against a motor vehicle certificate 
 18.10  of title under this section and section 168A.05, subdivision 8, 
 18.11  attaches only to the nonexempt value of the motor vehicle as 
 18.12  determined in accordance with section 550.37.  The value of a 
 18.13  motor vehicle must be determined in accordance with the retail 
 18.14  value described in the N.A.D.A. Official Used Car Guide, Midwest 
 18.15  Edition, for the current year, or in accordance with the 
 18.16  purchase price as defined in section 297B.01, subdivision 8. 
 18.17     Sec. 5.  Minnesota Statutes 1998, section 518.575, 
 18.18  subdivision 1, is amended to read: 
 18.19     Subdivision 1.  [MAKING NAMES PUBLIC.] At least once each 
 18.20  year, the commissioner of human services, in consultation with 
 18.21  the attorney general, shall publish a list of the names and 
 18.22  other identifying information of no more than 25 persons who (1) 
 18.23  are child support obligors, (2) are at least $10,000 in arrears, 
 18.24  (3) are not in compliance with a written payment agreement 
 18.25  regarding both current support and arrearages approved by the 
 18.26  court, an administrative law judge, a child support magistrate, 
 18.27  or the public authority, (4) cannot currently be located by the 
 18.28  public authority for the purposes of enforcing a support order, 
 18.29  and (5) have not made a support payment except tax intercept 
 18.30  payments, in the preceding 12 months. 
 18.31     Identifying information may include the obligor's name, 
 18.32  last known address, amount owed, date of birth, photograph, the 
 18.33  number of children for whom support is owed, and any additional 
 18.34  information about the obligor that would assist in identifying 
 18.35  or locating the obligor.  The commissioner and attorney general 
 18.36  may use posters, media presentations, electronic technology, and 
 19.1   other means that the commissioner and attorney general determine 
 19.2   are appropriate for dissemination of the information, including 
 19.3   publication on the Internet.  The commissioner and attorney 
 19.4   general may make any or all of the identifying information 
 19.5   regarding these persons public.  Information regarding an 
 19.6   obligor who meets the criteria in this subdivision will only be 
 19.7   made public subsequent to that person's selection by the 
 19.8   commissioner and attorney general. 
 19.9      Before making public the name of the obligor, the 
 19.10  department of human services shall send a notice to the 
 19.11  obligor's last known address which states the department's 
 19.12  intention to make public information on the obligor.  The notice 
 19.13  must also provide an opportunity to have the obligor's name 
 19.14  removed from the list by paying the arrearage or by entering 
 19.15  into an agreement to pay the arrearage, or by providing 
 19.16  information to the public authority that there is good cause not 
 19.17  to make the information public.  The notice must include the 
 19.18  final date when the payment or agreement can be accepted. 
 19.19     The department of human services shall obtain the written 
 19.20  consent of the obligee to make the name of the obligor public. 
 19.21     Sec. 6.  Minnesota Statutes 1998, section 518.616, 
 19.22  subdivision 1, is amended to read: 
 19.23     Subdivision 1.  [COURT ORDER.] For any support order being 
 19.24  enforced by the public authority, the public authority may seek 
 19.25  a court order requiring the obligor to seek employment if:  
 19.26     (1) employment of the obligor cannot be verified; 
 19.27     (2) the obligor is in arrears in court-ordered child 
 19.28  support or maintenance payments or both in an amount equal to or 
 19.29  greater than three times the obligor's total monthly support and 
 19.30  maintenance payments; and 
 19.31     (3) the obligor is not in compliance with a written payment 
 19.32  plan.  
 19.33     Upon proper notice being given to the obligor, the court 
 19.34  may enter a seek employment order if it finds that the obligor 
 19.35  has not provided proof of gainful employment and has not 
 19.36  consented to an order for income withholding under section 
 20.1   518.6111 or entered into a written payment plan approved by the 
 20.2   court, an administrative law judge, a child support magistrate, 
 20.3   or the public authority.  
 20.4      Sec. 7.  [REPEALER.] 
 20.5      Minnesota Statutes 1998, sections 518.5511; and 518.5512, 
 20.6   are repealed. 
 20.7      Sec. 8.  [EFFECTIVE DATE; APPLICATION.] 
 20.8      This article is effective July 1, 1999.