3rd Engrossment - 81st Legislature (1999 - 2000) Posted on 12/15/2009 12:00am
Engrossments | ||
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Introduction | Posted on 02/04/1999 | |
1st Engrossment | Posted on 03/11/1999 | |
2nd Engrossment | Posted on 03/24/1999 | |
3rd Engrossment | Posted on 03/30/1999 |
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 holding1.29office in the second judicial district pursuant to this2.1subdivision 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 enforcement7.33conducted by an administrative law judge in an administrative7.34hearing 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,an8.33administrative law judge,a child support magistrate, or the 8.34 public authority,the administrative law judge, orthe 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, an9.25administrative 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,eithera court 10.6 hearingor a contested administrative proceedingmust be held 10.7under 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 ofThe 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 law10.32judge,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,an11.1administrative 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, acontested administrative11.20proceedinghearing must be heldunder section 518.5511,11.21subdivision 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,eithera court hearingor a contested13.17administrative proceedingmust be heldunder section 518.5511,13.18subdivision 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 courtor the administrative law judgeor 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 oradministrative law judgechild 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,an14.5administrative 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 acontested administrative proceeding must be held under section15.7518.5511, subdivision 4hearing 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,an16.10administrative 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,eithera court hearingor a contested administrative17.7proceedingmust be heldunder 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 orthe administrative law judgechild support magistrate 17.25 shall order the commissioner of public safety to record the lien 17.26 unless the court oradministrative law judgechild 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.