HF 695

as introduced - 80th Legislature (1997 - 1998) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to human services; providing changes to child 
  1.3             support enforcement provisions; establishing a data 
  1.4             match system for financial institutions; providing 
  1.5             civil penalties; amending Minnesota Statutes 1996, 
  1.6             sections 13.46, subdivision 2; 13.99, by adding a 
  1.7             subdivision; 144.223; 256.87, subdivisions 1, 1a, 3, 
  1.8             5, and by adding a subdivision; 256.978, subdivisions 
  1.9             1 and 2; 256.979, subdivision 8, and by adding a 
  1.10            subdivision; 256.9791, subdivision 1; 256.9792, 
  1.11            subdivisions 1 and 2; 256.998, subdivisions 1, 6, 7, 
  1.12            and 9; 257.57, subdivision 2; 257.62, subdivisions 1 
  1.13            and 2; 257.66, subdivision 3, and by adding a 
  1.14            subdivision; 257.70; 257.75, subdivisions 1a, 2, 3, 4, 
  1.15            5, and 7; 299C.46, subdivision 3; 518.005, by adding a 
  1.16            subdivision; 518.10; 518.148, subdivision 2; 518.171, 
  1.17            subdivisions 1 and 4; 518.54, subdivision 6, and by 
  1.18            adding a subdivision; 518.551, subdivisions 12 and 13; 
  1.19            518.5511, subdivisions 1, 2, 3, 4, and by adding a 
  1.20            subdivision; 518.5512, subdivisions 2, 3, and by 
  1.21            adding subdivisions; 518.611, subdivisions 2, 3, 4, 5, 
  1.22            6, 10, 12, and by adding subdivisions; 518.616, by 
  1.23            adding a subdivision; 518.64, subdivision 2; 518.68, 
  1.24            subdivision 2; 518C.101; 518C.204; 518C.205; 518C.207; 
  1.25            518C.301; 518C.304; 518C.305; 518C.310; 518C.401; 
  1.26            518C.501; 518C.603; 518C.605; 518C.608; 518C.611; and 
  1.27            518C.612; proposing coding for new law in Minnesota 
  1.28            Statutes, chapters 256; 518; and 518C; repealing 
  1.29            Minnesota Statutes 1996, sections 8.35; 256.74; 
  1.30            256.979, subdivision 9; 518.5511, subdivisions 5, 6, 
  1.31            7, 8, and 9; 518.611, subdivision 1; 518.613; 
  1.32            518C.502; and 518C.9011. 
  1.33  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.34     Section 1.  Minnesota Statutes 1996, section 13.46, 
  1.35  subdivision 2, is amended to read: 
  1.36     Subd. 2.  [GENERAL.] (a) Unless the data is summary data or 
  1.37  a statute specifically provides a different classification, data 
  1.38  on individuals collected, maintained, used, or disseminated by 
  1.39  the welfare system is private data on individuals, and shall not 
  2.1   be disclosed except:  
  2.2      (1) pursuant according to section 13.05; 
  2.3      (2) pursuant according to court order; 
  2.4      (3) pursuant according to a statute specifically 
  2.5   authorizing access to the private data; 
  2.6      (4) to an agent of the welfare system, including a law 
  2.7   enforcement person, attorney, or investigator acting for it in 
  2.8   the investigation or prosecution of a criminal or civil 
  2.9   proceeding relating to the administration of a program; 
  2.10     (5) to personnel of the welfare system who require the data 
  2.11  to determine eligibility, amount of assistance, and the need to 
  2.12  provide services of additional programs to the individual; 
  2.13     (6) to administer federal funds or programs; 
  2.14     (7) between personnel of the welfare system working in the 
  2.15  same program; 
  2.16     (8) the amounts of cash public assistance and relief paid 
  2.17  to welfare recipients in this state, including their names, 
  2.18  social security numbers, income, addresses, and other data as 
  2.19  required, upon request by the department of revenue to 
  2.20  administer the property tax refund law, supplemental housing 
  2.21  allowance, early refund of refundable tax credits, and the 
  2.22  income tax.  "Refundable tax credits" means the dependent care 
  2.23  credit under section 290.067, the Minnesota working family 
  2.24  credit under section 290.0671, the property tax refund under 
  2.25  section 290A.04, and, if the required federal waiver or waivers 
  2.26  are granted, the federal earned income tax credit under section 
  2.27  32 of the Internal Revenue Code; 
  2.28     (9) to the Minnesota department of economic security for 
  2.29  the purpose of monitoring the eligibility of the data subject 
  2.30  for reemployment insurance, for any employment or training 
  2.31  program administered, supervised, or certified by that agency, 
  2.32  or for the purpose of administering any rehabilitation program, 
  2.33  whether alone or in conjunction with the welfare system, and to 
  2.34  verify receipt of energy assistance for the telephone assistance 
  2.35  plan; 
  2.36     (10) to appropriate parties in connection with an emergency 
  3.1   if knowledge of the information is necessary to protect the 
  3.2   health or safety of the individual or other individuals or 
  3.3   persons; 
  3.4      (11) data maintained by residential programs as defined in 
  3.5   section 245A.02 may be disclosed to the protection and advocacy 
  3.6   system established in this state pursuant according to Part C of 
  3.7   Public Law Number 98-527 to protect the legal and human rights 
  3.8   of persons with mental retardation or other related conditions 
  3.9   who live in residential facilities for these persons if the 
  3.10  protection and advocacy system receives a complaint by or on 
  3.11  behalf of that person and the person does not have a legal 
  3.12  guardian or the state or a designee of the state is the legal 
  3.13  guardian of the person; 
  3.14     (12) to the county medical examiner or the county coroner 
  3.15  for identifying or locating relatives or friends of a deceased 
  3.16  person; 
  3.17     (13) data on a child support obligor who makes payments to 
  3.18  the public agency may be disclosed to the higher education 
  3.19  services office to the extent necessary to determine eligibility 
  3.20  under section 136A.121, subdivision 2, clause (5); 
  3.21     (14) participant social security numbers and names 
  3.22  collected by the telephone assistance program may be disclosed 
  3.23  to the department of revenue to conduct an electronic data match 
  3.24  with the property tax refund database to determine eligibility 
  3.25  under section 237.70, subdivision 4a; 
  3.26     (15) the current address of a recipient of aid to families 
  3.27  with dependent children may be disclosed to law enforcement 
  3.28  officers who provide the name and social security number of the 
  3.29  recipient and satisfactorily demonstrate that:  (i) the 
  3.30  recipient is a fugitive felon, including the grounds for this 
  3.31  determination; (ii) the location or apprehension of the felon is 
  3.32  within the law enforcement officer's official duties; and (iii) 
  3.33  the request is made in writing and in the proper exercise of 
  3.34  those duties; 
  3.35     (16) the current address of a recipient of general 
  3.36  assistance, work readiness, or general assistance medical care 
  4.1   may be disclosed to probation officers and corrections agents 
  4.2   who are supervising the recipient, and to law enforcement 
  4.3   officers who are investigating the recipient in connection with 
  4.4   a felony level offense; 
  4.5      (17) information obtained from food stamp applicant or 
  4.6   recipient households may be disclosed to local, state, or 
  4.7   federal law enforcement officials, upon their written request, 
  4.8   for the purpose of investigating an alleged violation of the 
  4.9   food stamp act, in accordance with Code of Federal Regulations, 
  4.10  title 7, section 272.1(c); 
  4.11     (18) data on a child support obligor who is in arrears may 
  4.12  be disclosed for purposes of publishing the data pursuant 
  4.13  according to section 518.575; 
  4.14     (19) data on child support payments made by a child support 
  4.15  obligor may be disclosed to the obligee; 
  4.16     (20) data in the work reporting system may be disclosed 
  4.17  under section 256.998, subdivision 7; 
  4.18     (21) to the department of children, families, and learning 
  4.19  for the purpose of matching department of children, families, 
  4.20  and learning student data with public assistance data to 
  4.21  determine students eligible for free and reduced price meals, 
  4.22  meal supplements, and free milk pursuant according to United 
  4.23  States Code, title 42, sections 1758, 1761, 1766, 1766a, 1772, 
  4.24  and 1773; to produce accurate numbers of students receiving aid 
  4.25  to families with dependent children as required by section 
  4.26  124.175; and to allocate federal and state funds that are 
  4.27  distributed based on income of the student's family; or 
  4.28     (22) the current address and telephone number of program 
  4.29  recipients and emergency contacts may be released to the 
  4.30  commissioner of health or a local board of health as defined in 
  4.31  section 145A.02, subdivision 2, when the commissioner or local 
  4.32  board of health has reason to believe that a program recipient 
  4.33  is a disease case, carrier, suspect case, or at risk of illness, 
  4.34  and the data are necessary to locate the person.; 
  4.35     (23) to other agencies, statewide systems, political 
  4.36  subdivisions of this state, agencies of other states, interstate 
  5.1   information networks, federal agencies, and other entities as 
  5.2   required by federal regulation or law governing the child 
  5.3   support enforcement program as necessary for the administration 
  5.4   of the child support enforcement program or when otherwise 
  5.5   authorized by law; or 
  5.6      (24) data regarding an individual whose license, permit, 
  5.7   registration, or stamp has been suspended by direction of the 
  5.8   public authority responsible for child support enforcement, 
  5.9   shall be treated in the same manner as similar data maintained 
  5.10  by the suspending licensing board or agency when received by 
  5.11  that board or agency. 
  5.12     (b) Information on persons who have been treated for drug 
  5.13  or alcohol abuse may only be disclosed in accordance with the 
  5.14  requirements of Code of Federal Regulations, title 42, sections 
  5.15  2.1 to 2.67. 
  5.16     (c) Data provided to law enforcement agencies under 
  5.17  paragraph (a), clause (15), (16), or (17), or paragraph (b), are 
  5.18  investigative data and are confidential or protected nonpublic 
  5.19  while the investigation is active.  The data are private after 
  5.20  the investigation becomes inactive under section 13.82, 
  5.21  subdivision 5, paragraph (a) or (b). 
  5.22     (d) Mental health data shall be treated as provided in 
  5.23  subdivisions 7, 8, and 9, but is not subject to the access 
  5.24  provisions of subdivision 10, paragraph (b). 
  5.25     Sec. 2.  Minnesota Statutes 1996, section 13.99, is amended 
  5.26  by adding a subdivision to read: 
  5.27     Subd. 101d.  [CHILD SUPPORT PARTIES.] Certain data 
  5.28  regarding the location of parties in connection with child 
  5.29  support proceedings are governed by sections 256.87, subdivision 
  5.30  8; 257.70; and 518.005, subdivision 5. 
  5.31     Sec. 3.  Minnesota Statutes 1996, section 144.223, is 
  5.32  amended to read: 
  5.33     144.223 [REPORT OF MARRIAGE.] 
  5.34     Data relating to certificates of marriage registered shall 
  5.35  be reported to the state registrar by the local registrars 
  5.36  pursuant according to the rules of the commissioner.  The 
  6.1   information necessary to compile the report shall be furnished 
  6.2   by the applicant prior to the issuance of the marriage license.  
  6.3   The report shall contain the following information: 
  6.4      A. Personal information on bride and groom: 
  6.5      1. Name; 
  6.6      2. Residence; 
  6.7      3. Date and place of birth; 
  6.8      4. Race; 
  6.9      5. If previously married, how terminated; 
  6.10     6. Signature of applicant and date signed; and 
  6.11     7. Social security number. 
  6.12     B. Information concerning the marriage: 
  6.13     1. Date of marriage; 
  6.14     2. Place of marriage; and 
  6.15     3. Civil or religious ceremony. 
  6.16     Sec. 4.  [256.741] [CHILD SUPPORT AND MAINTENANCE.] 
  6.17     Subdivision 1.  [ASSIGNMENT OF SUPPORT AND MAINTENANCE 
  6.18  RIGHTS.] An applicant for assistance, or a recipient of 
  6.19  assistance, under Title IV-A of the Social Security Act or an 
  6.20  applicant or recipient for whom foster care maintenance is 
  6.21  provided under Title IV-E of the Social Security Act assigns to 
  6.22  the public agency responsible for child support enforcement at 
  6.23  the time of application all rights to child support and 
  6.24  maintenance received from any person that the applicant may have 
  6.25  for the applicant's own behalf or on behalf of any other family 
  6.26  member for whom application is made under Title IV-A or IV-E of 
  6.27  the Social Security Act.  The assignment:  
  6.28     (1) applies to both current and accrued child support and 
  6.29  maintenance obligations; 
  6.30     (2) takes effect upon a determination that the applicant is 
  6.31  eligible for assistance under Title IV-A of the Social Security 
  6.32  Act or that the applicant or family member is eligible for 
  6.33  foster care maintenance under Title IV-E of the Social Security 
  6.34  Act; 
  6.35     (3) terminates when an applicant ceases to receive 
  6.36  assistance under Title IV-A of the Social Security Act or when 
  7.1   the applicant or family member ceases to receive foster care 
  7.2   maintenance under Title IV-E of the Social Security Act, except 
  7.3   with respect to the amount of any unpaid support or maintenance 
  7.4   obligation, or both, under the assignment. 
  7.5      Subd. 2.  [COOPERATION WITH CHILD SUPPORT ENFORCEMENT.] 
  7.6   After notification from the public authority responsible for 
  7.7   financial assistance that an individual has applied for any form 
  7.8   of public assistance as defined in subdivision 8, the public 
  7.9   authority responsible for child support enforcement shall 
  7.10  determine whether the party is cooperating in establishing 
  7.11  paternity, child support, modification of an existing child 
  7.12  support order, or enforcement of an existing child support 
  7.13  order.  Cooperation by the potential recipient includes the 
  7.14  following: 
  7.15     (1) providing all known information regarding the alleged 
  7.16  father or obligor including name, address, social security 
  7.17  number, telephone number, place of employment or school, and the 
  7.18  names and addresses of any relatives, if known; 
  7.19     (2) appearing at interviews, hearings, and legal 
  7.20  proceedings; 
  7.21     (3) submitting to genetic tests, including genetic testing 
  7.22  of the child; and 
  7.23     (4) providing any additional information necessary for 
  7.24  cooperating in good faith with the child support enforcement 
  7.25  agency. 
  7.26     Subd. 3.  [DETERMINATION.] (a) The public authority 
  7.27  responsible for child support enforcement shall consider the 
  7.28  best interests of the child when determining cooperation.  If 
  7.29  the individual cannot provide the information required in this 
  7.30  section, before a determination is made on whether the 
  7.31  individual is cooperating in establishing paternity, the child 
  7.32  support agency shall make a finding that the individual could 
  7.33  not reasonably be expected to provide the information.  In 
  7.34  making this finding, the public authority responsible for child 
  7.35  support enforcement shall consider: 
  7.36     (1) the age of the child for whom support is being sought; 
  8.1      (2) the circumstances surrounding the conception of the 
  8.2   child; 
  8.3      (3) the age and mental capacity of the parent or caregiver 
  8.4   of the child for whom support is being sought; and 
  8.5      (4) the time that has elapsed since the parent or caregiver 
  8.6   of the child for whom support is being sought last had contact 
  8.7   with the alleged father or obligor or the person's relatives. 
  8.8      (b) Unless good cause is found to exist under subdivision 
  8.9   4, if a determination of noncooperation is made, the public 
  8.10  authority shall promptly notify the individual and the state 
  8.11  agency administering the public assistance program that the 
  8.12  individual is not cooperating with the public authority.  Upon 
  8.13  notice of noncooperation, the individual shall be sanctioned 
  8.14  under section 256.031 and Title IV-A or IV-E of the Social 
  8.15  Security Act. 
  8.16     Subd. 4.  [GOOD CAUSE EXEMPTION.] (a) Cooperation with 
  8.17  child support under subdivision 10 is waived if the individual 
  8.18  asserts, and the agency finds, good cause exists for failing to 
  8.19  cooperate.  An individual may claim a good cause exemption by 
  8.20  filing a written claim on a form provided by the commissioner of 
  8.21  human services.  Upon receipt of a claim for a good cause 
  8.22  exemption, the public authority shall cease all support 
  8.23  enforcement efforts until the claim for a good cause exemption 
  8.24  is reviewed and validity of the claim is determined.  Designated 
  8.25  representatives from the public authority and at least one 
  8.26  representative from an agency providing public assistance as 
  8.27  defined in subdivision 8 shall review each claim for a good 
  8.28  cause exemption and determine validity of the claim according to 
  8.29  this section. 
  8.30     (b) Good cause exists when an individual documents that 
  8.31  pursuit of child support enforcement services could reasonably 
  8.32  result in: 
  8.33     (1) physical or emotional harm to the child for whom 
  8.34  support is sought; 
  8.35     (2) physical harm to the parent or caregiver with whom the 
  8.36  child is living that would reduce that person's ability to 
  9.1   adequately care for the child; or 
  9.2      (3) emotional harm to the parent or caregiver with whom the 
  9.3   child is living to such a nature or degree that would reduce the 
  9.4   person's ability to adequately care for the child. 
  9.5      (c) Good cause also exists when the agency believes that 
  9.6   pursuing child support enforcement would be detrimental to the 
  9.7   child for whom support is sought and an individual documents any 
  9.8   of the following: 
  9.9      (1) the child for whom child support enforcement is sought 
  9.10  was conceived as a result of incest or rape; 
  9.11     (2) legal proceedings for the adoption of the child are 
  9.12  pending before a court of competent jurisdiction; or 
  9.13     (3) the parent or caregiver of the child is currently being 
  9.14  assisted by a public or licensed private social service agency 
  9.15  to resolve the issues of whether to keep the child or place the 
  9.16  child for adoption, and assistance has not occurred for longer 
  9.17  than three months. 
  9.18     (d) The physical and emotional harm under paragraph (b) 
  9.19  must be of a serious nature in order to justify a finding for 
  9.20  good cause exemption.  A finding for good cause exemption based 
  9.21  on emotional harm may only be based upon a demonstration of 
  9.22  emotional impairment that substantially affects the individual's 
  9.23  ability to function.  
  9.24     Subd. 5.  [PROOF OF GOOD CAUSE.] (a) An individual claiming 
  9.25  good cause exemption has 20 days from the date the claim for 
  9.26  good cause exemption was provided to the agency to supply 
  9.27  evidence supporting the claim.  Failure to provide the evidence 
  9.28  shall result in the public authority resuming child support 
  9.29  enforcement efforts. 
  9.30     (b) Evidence supporting a claim for good cause exemption 
  9.31  includes, but is not limited to, the following: 
  9.32     (1) birth certificates or medical or law enforcement 
  9.33  records which indicate that the child was conceived as the 
  9.34  result of incest or rape; 
  9.35     (2) court documents or other records which indicate that 
  9.36  legal proceedings for adoption are pending before a court of 
 10.1   competent jurisdiction; 
 10.2      (3) court, medical, criminal, child protective services, 
 10.3   social services, psychological, or law enforcement records which 
 10.4   indicate that the alleged father or obligor might inflict 
 10.5   physical or emotional harm on the child, parent, or caregiver; 
 10.6      (4) medical records or written statements from a licensed 
 10.7   medical professional which document the emotional health history 
 10.8   or status of the custodial parent, child, or caregiver, or that 
 10.9   document a diagnosis or prognosis concerning the emotional 
 10.10  health of the custodial parent, child, or caregiver; 
 10.11     (5) a written statement from an agency described in 
 10.12  subdivision 4, paragraph (c), clause (3), that indicates the 
 10.13  individual is deciding whether to keep the child or place the 
 10.14  child for adoption; or 
 10.15     (6) sworn statements from individuals other than the 
 10.16  applicant that provide evidence supporting the claim for a good 
 10.17  cause exemption. 
 10.18     Subd. 6.  [DECISION.] A good cause exemption shall be made 
 10.19  if the individual's claim and the investigation of the 
 10.20  supporting evidence satisfies the investigating agencies that 
 10.21  the individual has good cause for refusing to cooperate. 
 10.22     Subd. 7.  [AGENCY OPTION.] At the option of the public 
 10.23  authority after making a finding of good cause, the public 
 10.24  authority may make a determination that the child support 
 10.25  enforcement agency should resume child support enforcement 
 10.26  services without the cooperation of the parent or caregiver.  If 
 10.27  a determination is made, the public authority shall make the 
 10.28  determination in writing, which includes: 
 10.29     (1) the basis for the determination; 
 10.30     (2) provisions for entering the written determination in 
 10.31  the parent's or caregiver's financial assistance case record; 
 10.32  and 
 10.33     (3) notification to the parent or caregiver that the 
 10.34  application for financial assistance may be withdrawn or that 
 10.35  the parent or caregiver may request that the financial 
 10.36  assistance case be closed. 
 11.1      Subd. 8.  [PUBLIC ASSISTANCE.] "Public assistance," as used 
 11.2   in this chapter and chapters 257, 518, and 518C, includes any 
 11.3   form of assistance provided under Title IV-A of the Social 
 11.4   Security Act, any form of medical assistance under United States 
 11.5   Code, title 19, and foster care provided under Title IV-E of the 
 11.6   Social Security Act. 
 11.7      Sec. 5.  Minnesota Statutes 1996, section 256.87, 
 11.8   subdivision 1, is amended to read: 
 11.9      Subdivision 1.  [ACTIONS AGAINST PARENTS FOR ASSISTANCE 
 11.10  FURNISHED.] A parent of a child is liable for the amount of 
 11.11  assistance furnished under sections 256.031 to 256.0361, 256.72 
 11.12  to 256.87, or under Title IV-A or IV-E of the Social Security 
 11.13  Act or medical assistance under chapter 256, 256B, or 256D to 
 11.14  and for the benefit of the child, including any assistance 
 11.15  furnished for the benefit of the caretaker of the child, which 
 11.16  the parent has had the ability to pay.  Ability to pay must be 
 11.17  determined according to chapter 518.  The parent's liability is 
 11.18  limited to the two years immediately preceding the commencement 
 11.19  of the action, except that where child support has been 
 11.20  previously ordered, the state or county agency providing the 
 11.21  assistance, as assignee of the obligee, shall be entitled to 
 11.22  judgments for child support payments accruing within ten years 
 11.23  preceding the date of the commencement of the action up to the 
 11.24  full amount of assistance furnished.  The action may be ordered 
 11.25  by the state agency or county agency and shall be brought in the 
 11.26  name of the county by the county attorney of the county in which 
 11.27  the assistance was granted, or by in the name of the state 
 11.28  agency against the parent for the recovery of the amount of 
 11.29  assistance granted, together with the costs and disbursements of 
 11.30  the action. 
 11.31     Sec. 6.  Minnesota Statutes 1996, section 256.87, 
 11.32  subdivision 1a, is amended to read: 
 11.33     Subd. 1a.  [CONTINUING SUPPORT CONTRIBUTIONS.] In addition 
 11.34  to granting the county or state agency a money judgment, the 
 11.35  court may, upon a motion or order to show cause, order 
 11.36  continuing support contributions by a parent found able to 
 12.1   reimburse the county or state agency.  The order shall be 
 12.2   effective for the period of time during which the recipient 
 12.3   receives public assistance from any county or state agency and 
 12.4   thereafter.  The order shall require support according to 
 12.5   chapter 518.  An order for continuing contributions is 
 12.6   reinstated without further hearing upon notice to the parent by 
 12.7   any county or state agency that assistance is again being 
 12.8   provided for the child of the parent under sections 256.031 to 
 12.9   256.0361, 256.72 to 256.87, or under Title IV-A or IV-E of the 
 12.10  Social Security Act or medical assistance under chapter 256, 
 12.11  256B, or 256D.  The notice shall be in writing and shall 
 12.12  indicate that the parent may request a hearing for modification 
 12.13  of the amount of support or maintenance. 
 12.14     Sec. 7.  Minnesota Statutes 1996, section 256.87, 
 12.15  subdivision 3, is amended to read: 
 12.16     Subd. 3.  [CONTINUING CONTRIBUTIONS TO FORMER RECIPIENT.] 
 12.17  The order for continuing support contributions shall remain in 
 12.18  effect following the period after public assistance granted 
 12.19  under sections 256.72 to 256.87 Title IV-A or IV-E of the Social 
 12.20  Security Act is terminated unless the former recipient files an 
 12.21  affidavit with the court requesting termination of the order.  
 12.22     Sec. 8.  Minnesota Statutes 1996, section 256.87, 
 12.23  subdivision 5, is amended to read: 
 12.24     Subd. 5.  [CHILD NOT RECEIVING ASSISTANCE.] A person or 
 12.25  entity having physical custody of a dependent child not 
 12.26  receiving assistance under sections 256.031 to 256.0361, or 
 12.27  256.72 to 256.87 Title IV-A or IV-E of the Social Security Act 
 12.28  has a cause of action for child support against the child's 
 12.29  absent parents.  Upon a motion served on the absent parent, the 
 12.30  court shall order child support payments from the absent parent 
 12.31  under chapter 518.  The absent parent's liability may include up 
 12.32  to the two years immediately preceding the commencement of the 
 12.33  action.  This subdivision applies only if the person or entity 
 12.34  has physical custody with the consent of a custodial parent or 
 12.35  approval of the court.  
 12.36     Sec. 9.  Minnesota Statutes 1996, section 256.87, is 
 13.1   amended by adding a subdivision to read: 
 13.2      Subd. 8.  [DISCLOSURE PROHIBITED.] In all proceedings under 
 13.3   this chapter, information on the location of one party may not 
 13.4   be disclosed by the public authority to the other party if: 
 13.5      (1) a protective order with respect to the other party has 
 13.6   been entered; or 
 13.7      (2) the public authority responsible for child support 
 13.8   enforcement has reason to believe that the release of the 
 13.9   information may result in physical or emotional harm to the 
 13.10  other party. 
 13.11     Sec. 10.  Minnesota Statutes 1996, section 256.978, 
 13.12  subdivision 1, is amended to read: 
 13.13     Subdivision 1.  [REQUEST FOR INFORMATION.] The commissioner 
 13.14  of human services, in order to locate a person to establish 
 13.15  paternity, and child support or to modify or enforce child 
 13.16  support, or to enforce a child support obligation in arrears, 
 13.17  may request information reasonably necessary to the inquiry from 
 13.18  the records of all departments, boards, bureaus, or other 
 13.19  agencies of this state, which shall, notwithstanding the 
 13.20  provisions of section 268.12, subdivision 12, or any other law 
 13.21  to the contrary, provide the information necessary for this 
 13.22  purpose.  Employers, utility companies, insurance companies, 
 13.23  financial institutions, and labor associations doing business in 
 13.24  this state shall provide information as provided under 
 13.25  subdivision 2 upon written or electronic request by an agency 
 13.26  responsible for child support enforcement regarding individuals 
 13.27  owing or allegedly owing a duty to support within 30 days of the 
 13.28  receipt service of the written request made by the public 
 13.29  authority.  Information requested and used or transmitted by the 
 13.30  commissioner pursuant according to the authority conferred by 
 13.31  this section may be made available only to public officials and 
 13.32  agencies of this state and its political subdivisions and other 
 13.33  states of the union and their political subdivisions who are 
 13.34  seeking to enforce the support liability of parents or to locate 
 13.35  parents.  The commissioner may not release the information to an 
 13.36  agency or political subdivision of another state unless the 
 14.1   agency or political subdivision is directed to maintain the data 
 14.2   consistent with its classification in this state.  Information 
 14.3   obtained under this section may not be released except to the 
 14.4   extent necessary for the administration of the child support 
 14.5   enforcement program or when otherwise authorized by law. to 
 14.6   other agencies, statewide systems, political subdivisions of 
 14.7   this state, agencies of other states, interstate information 
 14.8   networks, federal agencies, and other entities as required by 
 14.9   federal regulation or law governing the child support 
 14.10  enforcement program as necessary for the administration of the 
 14.11  child support enforcement program or when otherwise authorized 
 14.12  by law.  
 14.13     Sec. 11.  Minnesota Statutes 1996, section 256.978, 
 14.14  subdivision 2, is amended to read: 
 14.15     Subd. 2.  [ACCESS TO INFORMATION.] (a) A written request 
 14.16  for information by the public authority responsible for child 
 14.17  support may be made to: 
 14.18     (1) employers when there is reasonable cause to believe 
 14.19  that the subject of the inquiry is or was an employee or 
 14.20  independent contractor of the employer.  Information to be 
 14.21  released by employers is limited to place of residence, 
 14.22  employment status, wage or payment information, benefit 
 14.23  information, and social security number; 
 14.24     (2) utility companies when there is reasonable cause to 
 14.25  believe that the subject of the inquiry is or was a retail 
 14.26  customer of the utility company.  Customer information to be 
 14.27  released by utility companies is limited to place of residence, 
 14.28  home telephone, work telephone, source of income, employer and 
 14.29  place of employment, and social security number; 
 14.30     (3) insurance companies when there is an arrearage of child 
 14.31  support and there is reasonable cause to believe that the 
 14.32  subject of the inquiry is or was receiving funds either in the 
 14.33  form of a lump sum or periodic payments.  Information to be 
 14.34  released by insurance companies is limited to place of 
 14.35  residence, home telephone, work telephone, employer, social 
 14.36  security number, and amounts and type of payments made to the 
 15.1   subject of the inquiry; 
 15.2      (4) labor organizations when there is reasonable cause to 
 15.3   believe that the subject of the inquiry is or was a member of 
 15.4   the labor association.  Information to be released by labor 
 15.5   associations is limited to place of residence, home telephone, 
 15.6   work telephone, social security number, and current and past 
 15.7   employment information; and 
 15.8      (5) financial institutions when there is an arrearage of 
 15.9   child support and there is reasonable cause to believe that the 
 15.10  subject of the inquiry has or has had accounts, stocks, loans, 
 15.11  certificates of deposits, treasury bills, life insurance 
 15.12  policies, or other forms of financial dealings with the 
 15.13  institution.  Information to be released by the financial 
 15.14  institution is limited to place of residence, home telephone, 
 15.15  work telephone, identifying information on the type of financial 
 15.16  relationships, social security number, current value of 
 15.17  financial relationships, and current indebtedness of the subject 
 15.18  with the financial institution. 
 15.19     (b) For purposes of this subdivision, utility companies 
 15.20  include companies that provide electrical, telephone, natural 
 15.21  gas, propane gas, oil, coal, or cable television services to 
 15.22  retail customers.  The term financial institution includes 
 15.23  banks, savings and loans, credit unions, brokerage firms, 
 15.24  mortgage companies, and insurance companies., benefit 
 15.25  associations, safe deposit companies, administrators of money 
 15.26  market mutual funds, or similar entities authorized to do 
 15.27  business in the state.  
 15.28     Sec. 12.  [256.9781] [DATA MATCH SYSTEM.] 
 15.29     Subdivision 1.  [FINANCIAL INSTITUTION DATA MATCHES.] For 
 15.30  purposes of this section, the following terms have the meanings 
 15.31  given them: 
 15.32     (a) "Account" means a demand deposit account, checking or 
 15.33  negotiable withdrawal order account, line of credit, savings 
 15.34  account, time deposit account, or money market mutual fund. 
 15.35     (b) "Account information" means the type of account; the 
 15.36  account number; whether the account is singly or jointly owned; 
 16.1   in the case of jointly owned accounts, the name and address of 
 16.2   the nonobligor account owner; the amount of the funds held in 
 16.3   the account; and in the case of a line of credit, the amount of 
 16.4   credit available. 
 16.5      (c) "Financial institution" means any of the following that 
 16.6   do business in the state: 
 16.7      (1) federal and state commercial savings banks, including 
 16.8   savings and loan associations and cooperative banks; 
 16.9      (2) federal and state chartered credit unions; 
 16.10     (3) benefit associations; 
 16.11     (4) insurance companies; 
 16.12     (5) safe deposit companies; 
 16.13     (6) money market mutual funds; and 
 16.14     (7) any similar entity authorized to do business in the 
 16.15  state. 
 16.16     (d) "Public authority" means the public authority 
 16.17  responsible for child support enforcement. 
 16.18     Subd. 2.  [DATA MATCH SYSTEM ESTABLISHED.] The commissioner 
 16.19  of human services shall establish a process for the comparison 
 16.20  of account information data held by financial institutions with 
 16.21  the public authority's database of child support obligors.  The 
 16.22  commissioner shall make reasonable efforts to inform the 
 16.23  financial industry of the requirements of this section and the 
 16.24  process that financial institutions must comply with.  The 
 16.25  commissioner may contract for services to carry out the 
 16.26  provisions of this section. 
 16.27     Subd. 3.  [DUTY TO PROVIDE DATA; MEANS.] (a) As required by 
 16.28  federal law, a financial institution shall provide to the public 
 16.29  authority on a quarterly basis the name, address, social 
 16.30  security number, tax identification number, and all account 
 16.31  information for each noncustodial parent who maintains an 
 16.32  account at the financial institution and who owes past due 
 16.33  support, as identified by the department by name and social 
 16.34  security number or other taxpayer identification number. 
 16.35     (b) A financial institution may provide the required data 
 16.36  by submitting electronic media in a compatible format or 
 17.1   delivering, mailing, or telefaxing a copy of the data by other 
 17.2   means authorized by the commissioner of human services that will 
 17.3   result in timely reporting. 
 17.4      Subd. 4.  [SEIZURE.] (a) Upon receipt of a notice of lien 
 17.5   from the public authority, financial institutions shall freeze 
 17.6   the funds or assets described in the notice and shall not permit 
 17.7   the funds or assets to be withdrawn or disposed of until further 
 17.8   notice by the public authority.  
 17.9      (b) The public authority and the financial institution 
 17.10  receiving the notice of lien shall not provide the obligor with 
 17.11  notice prior to freezing the funds or assets, but may notify the 
 17.12  obligor any time after the funds or assets are frozen. 
 17.13     Subd. 5.  [RIGHT OF SETOFF.] Upon receipt of a notice of 
 17.14  lien, a financial institution shall not have the right to set 
 17.15  off any debts owed by the obligor to the financial institution 
 17.16  unless the financial institution can show the obligor was 
 17.17  insolvent as defined in this subdivision prior to receiving the 
 17.18  notice of lien. 
 17.19     For purposes of this subdivision, "insolvent" means a 
 17.20  person who has ceased to pay debts in the ordinary course of 
 17.21  business or cannot pay the debts as they become due. 
 17.22     Subd. 6.  [FAILURE TO RESPOND TO REQUEST FOR 
 17.23  INFORMATION.] The public authority shall send by certified mail 
 17.24  a written notice to any financial institution that fails to 
 17.25  respond to a request for information under this section.  The 
 17.26  notice of noncompliance must explain the requirements under this 
 17.27  section and advise the entity of the penalty for noncompliance.  
 17.28  A financial institution that receives a notice of noncompliance 
 17.29  and later incurs a second violation is subject to a civil 
 17.30  penalty of $25 for each failure to respond.  An entity that 
 17.31  incurs more than two violations is subject to a civil penalty of 
 17.32  $500 for each failure to respond.  These penalties may be 
 17.33  imposed and collected by the public authority. 
 17.34     Subd. 7.  [IMMUNITY.] A financial institution that provides 
 17.35  information under this section shall not be liable to any person 
 17.36  for disclosing the information required by this section, for 
 18.1   encumbering or surrendering assets of any obligor, or in good 
 18.2   faith for taking any other action as authorized by this 
 18.3   section.  A financial institution that receives data from the 
 18.4   public authority under this section is not immune and shall be 
 18.5   held liable for any unauthorized disclosure of that data as 
 18.6   required by chapter 13. 
 18.7      Subd. 8.  [IMPLEMENTATION.] This section shall be 
 18.8   implemented according to a plan determined by the commissioner 
 18.9   of human services not later than July 1, 1998. 
 18.10     Sec. 13.  [256.9782] [ADMINISTRATIVE LIENS; CHILD SUPPORT.] 
 18.11     Subdivision 1.  [LIEN.] An unpaid child support obligation 
 18.12  becomes a lien by operation of law on all real, personal, and 
 18.13  intangible property of the obligor on and after the day on which 
 18.14  the obligation becomes due in the amount of the unpaid 
 18.15  obligation.  The unpaid obligation includes all unpaid 
 18.16  installments of child support accruing after the date of filing 
 18.17  of a notice of lien.  
 18.18     Subd. 2.  [ENFORCEMENT.] The child support administrative 
 18.19  lien is not enforceable against any purchaser, mortgagee, 
 18.20  pledgee, holder of a uniform commercial code security interest, 
 18.21  mechanic's lien, or judgment lien creditor whose interest has 
 18.22  been duly perfected or is entitled to protection under 
 18.23  applicable provisions of state law until the public authority 
 18.24  responsible for child support enforcement has filed a notice of 
 18.25  lien as required by this section. 
 18.26     Subd. 3.  [FILING.] The public authority responsible for 
 18.27  child support enforcement may file a notice of lien with the 
 18.28  office of the secretary of state.  Filing may occur by United 
 18.29  States mail, personal delivery, or electronic transmission.  The 
 18.30  secretary of state shall enter the date and time of filing and 
 18.31  the file number and shall index the names of the persons shown 
 18.32  on the notice into the computerized database system maintained 
 18.33  by the secretary of state.  The information in the computerized 
 18.34  filing and database systems does not create, release, discharge, 
 18.35  or recreate a notice of child support lien on real or personal 
 18.36  property in the state.  The public authority shall also file the 
 19.1   notice of lien with the department of transportation, motor 
 19.2   vehicle division. 
 19.3      Subd. 4.  [REAL PROPERTY.] The lien is enforceable against 
 19.4   the obligor's interest in real property when the public 
 19.5   authority files a notice of lien in the office of the county 
 19.6   recorder or the registrar of deeds of the county in which the 
 19.7   real property is situated.  The public authority responsible for 
 19.8   child support enforcement is exempt from paying the fees 
 19.9   normally charged for filing or recording the lien and the 
 19.10  release of the lien. 
 19.11     Subd. 5.  [PERSONAL OR INTANGIBLE PROPERTY.] The public 
 19.12  authority responsible for child support enforcement may serve by 
 19.13  first class mail a notice of lien on any financial institution 
 19.14  or entity holding personal or intangible property of the obligor.
 19.15  The notice shall operate as an immediate levy on all property of 
 19.16  the obligor.  The levy shall remain in effect for 60 days from 
 19.17  the date of notice or until the public authority notifies the 
 19.18  financial institution or other entity to levy the property and 
 19.19  turn it over to public authority responsible for child support 
 19.20  enforcement, whichever occurs first.  This time frame may be 
 19.21  extended by the public authority if the obligor requests a 
 19.22  review of the levy under this section or files a motion with the 
 19.23  court under this section. 
 19.24     Subd. 6.  [OBLIGOR NOTICE.] After service of the notice of 
 19.25  lien in subdivision 4 or 5, the public authority shall serve the 
 19.26  notice of lien upon the obligor by first class mail sent to the 
 19.27  obligor's last known address.  The notice shall provide the 
 19.28  obligor with the right to cure the arrearage or request an 
 19.29  administrative review of the action taken under this section on 
 19.30  the basis that the amount stated in the lien is not owed or that 
 19.31  the amount is incorrect.  The request for administrative review 
 19.32  must be made to the public authority responsible for child 
 19.33  support enforcement within 17 days of the date the notice was 
 19.34  served.  Upon expiration of the 17 days, if the obligor has 
 19.35  failed to cure the arrearage or request an administrative 
 19.36  review, the financial institution or other entity shall turn 
 20.1   over the funds, assets, or other personal property described in 
 20.2   the notice of lien to the public authority responsible for child 
 20.3   support enforcement within five business days. 
 20.4      Subd. 7.  [PENALTY.] Disposal, conversion, or any other 
 20.5   means of dispensing property after receipt of the notice of lien 
 20.6   shall result in a penalty of not less than the value of the 
 20.7   property subject to levy, together with reasonable costs and 
 20.8   attorney's fees plus interest, not to exceed the current child 
 20.9   support administrative lien interest rate. 
 20.10     Subd. 8.  [CHILD SUPPORT HEARING.] (a) If the obligor 
 20.11  requests an administrative review under subdivision 6, the 
 20.12  obligor may request a hearing under the rules of civil procedure 
 20.13  on the issue of whether the lien amount or amounts have been 
 20.14  paid and may move the court for an order directing the county 
 20.15  recorder to discharge the lien entered according to this 
 20.16  section.  Failure to request an administrative review under 
 20.17  subdivision 6 shall result in the obligor waiving the right to 
 20.18  file a motion contesting the levy on the property described in 
 20.19  the notice of lien or the amounts owed for past due support. 
 20.20     (b) The court may review the action taken by the public 
 20.21  authority under this section and may correct any mistakes of 
 20.22  fact but shall not reduce or retroactively modify child support 
 20.23  arrears. 
 20.24     Subd. 9.  [PRIORITY.] A notice of administrative lien 
 20.25  perfected under this section takes priority over a security 
 20.26  interest arising under Article 9 of the Uniform Commercial Code, 
 20.27  sections 336.9-101 to 336.9-508, that is perfected before the 
 20.28  filing date of the child support lien imposed under this 
 20.29  section, provided: 
 20.30     (1) the perfected security interest secures property 
 20.31  acquired by the obligor or advances made by the secured party to 
 20.32  the obligor after the notice of child support lien is filed; and 
 20.33     (2) the property in question is acquired or the advance is 
 20.34  made after the 45th day following the day on which the notice of 
 20.35  child support lien is filed, or after the secured party has 
 20.36  actual notice or knowledge of the child support lien filing, 
 21.1   whichever is earlier. 
 21.2      Subd. 10.  [EXPIRATION.] The lien shall expire when the 
 21.3   current child support obligation ends and child support 
 21.4   payments, including arrears, are paid in full or upon release of 
 21.5   the lien by the public authority responsible for child support 
 21.6   enforcement.  A perfected child support lien shall expire ten 
 21.7   years after the date on which the lien was first perfected 
 21.8   unless prior to the expiration, the public authority responsible 
 21.9   for child support enforcement extends the lien according to 
 21.10  subdivision 11.  The public authority may extend the lien for as 
 21.11  many ten-year periods as necessary, provided each extension 
 21.12  complies with subdivision 11.  An extension of the lien under 
 21.13  subdivision 11 does not affect its priority. 
 21.14     Subd. 11.  [LIEN EXTENSION.] A child support lien under 
 21.15  this section may be extended for additional ten-year periods by 
 21.16  the public authority provided the public authority files a 
 21.17  properly executed notice of lien renewal with each authority who 
 21.18  recorded the lien. 
 21.19     Subd. 12.  [EXEMPT PROPERTY.] A perfected child support 
 21.20  lien under this section is not enforceable against any property 
 21.21  of the obligor that is exempt under sections 550.37, 550.38, and 
 21.22  550.39 except that the lien is enforceable upon the sale or 
 21.23  transfer of an obligor's homestead according to section 510.07. 
 21.24     Subd. 13.  [FORMS.] The department of human services shall 
 21.25  provide the notice of lien, notice to obligor of the lien, and 
 21.26  notice of the lien renewal. 
 21.27     Sec. 14.  Minnesota Statutes 1996, section 256.979, 
 21.28  subdivision 8, is amended to read: 
 21.29     Subd. 8.  [MEDICAL PROVIDER REIMBURSEMENT.] (a) A fee to 
 21.30  the providers of medical services is created for the purpose of 
 21.31  increasing the numbers of signed and notarized recognition of 
 21.32  parentage forms completed in the medical setting. 
 21.33     (b) A fee of $25 shall be paid to each medical provider for 
 21.34  each properly completed recognition of parentage form sent to 
 21.35  the department of vital statistics. 
 21.36     (c) The office of vital statistics shall notify the 
 22.1   department of human services quarterly of the numbers of 
 22.2   completed forms received and the amounts paid. 
 22.3      (d) The department of human services shall remit quarterly 
 22.4   to each medical provider a payment for the number of signed 
 22.5   recognition of parentage forms completed by that medical 
 22.6   provider and sent to the office of vital statistics. 
 22.7      (e) The commissioners of the department of human services 
 22.8   and the department of health shall develop procedures for the 
 22.9   implementation of this provision. 
 22.10     (f) Payments will be made to the medical provider within 
 22.11  the limit of available appropriations. 
 22.12     (g) Federal matching funds received as reimbursement for 
 22.13  the costs of the medical provider reimbursement shall be 
 22.14  retained by the commissioner of human services for educational 
 22.15  programs dedicated to the prevention of nonmarital births and 
 22.16  the benefits of paternity establishment. 
 22.17     Sec. 15.  Minnesota Statutes 1996, section 256.979, is 
 22.18  amended by adding a subdivision to read: 
 22.19     Subd. 10.  [TRANSFERABILITY BETWEEN BONUS INCENTIVE 
 22.20  ACCOUNTS AND GRANTS TO COUNTY AGENCIES.] The commissioner of 
 22.21  human services may transfer money appropriated for child support 
 22.22  enforcement county performance incentives under this section and 
 22.23  section 256.9791 among county performance incentive accounts.  
 22.24  The commissioner may create additional performance incentives to 
 22.25  county agencies with the remaining funds.  Incentive funds to 
 22.26  counties transferred under this section must be reinvested in 
 22.27  the child support enforcement program and may not be used to 
 22.28  supplant money now spent by counties for child support 
 22.29  enforcement. 
 22.30     Sec. 16.  Minnesota Statutes 1996, section 256.9791, 
 22.31  subdivision 1, is amended to read: 
 22.32     Subdivision 1.  [BONUS INCENTIVE.] (a) A bonus incentive 
 22.33  program is created to increase the identification and 
 22.34  enforcement by county agencies of dependent health insurance 
 22.35  coverage for persons who are receiving medical assistance under 
 22.36  section 256B.055 and for whom the county agency is providing 
 23.1   child support enforcement services.  
 23.2      (b) The bonus shall be awarded to a county child support 
 23.3   agency for each person for whom coverage is identified and 
 23.4   enforced by the child support enforcement program when the 
 23.5   obligor is under a court order to provide dependent health 
 23.6   insurance coverage.  
 23.7      (c) Bonus incentive funds under this section must be 
 23.8   reinvested in the county child support enforcement program and a 
 23.9   county may not reduce funding of the child support enforcement 
 23.10  program by the amount of the bonus earned. 
 23.11     Sec. 17.  Minnesota Statutes 1996, section 256.9792, 
 23.12  subdivision 1, is amended to read: 
 23.13     Subdivision 1.  [ARREARAGE COLLECTIONS.] Arrearage 
 23.14  collection projects are created to increase the revenue to the 
 23.15  state and counties, reduce AFDC public assistance expenditures 
 23.16  for former public assistance cases, and increase payments of 
 23.17  arrearages to persons who are not receiving public assistance by 
 23.18  submitting cases for arrearage collection to collection 
 23.19  entities, including but not limited to, the department of 
 23.20  revenue and private collection agencies. 
 23.21     Sec. 18.  Minnesota Statutes 1996, section 256.9792, 
 23.22  subdivision 2, is amended to read: 
 23.23     Subd. 2.  [DEFINITIONS.] (a) The definitions in this 
 23.24  subdivision apply to this section: 
 23.25     (b) "Public assistance arrearage case" means a case where 
 23.26  current support may be due, no payment, with the exception of 
 23.27  tax offset, has been made within the last 90 days, and the 
 23.28  arrearages are assigned to the public agency pursuant according 
 23.29  to section 256.74, subdivision 5 256.741, subdivision 1. 
 23.30     (c) "Public authority" means the public authority 
 23.31  responsible for child support enforcement. 
 23.32     (d) "Nonpublic assistance arrearage case" means a support 
 23.33  case where arrearages have accrued that have not been assigned 
 23.34  pursuant according to section 256.74, subdivision 5 256.741, 
 23.35  subdivision 1. 
 23.36     Sec. 19.  Minnesota Statutes 1996, section 256.998, 
 24.1   subdivision 1, is amended to read: 
 24.2      Subdivision 1.  [DEFINITIONS.] (a) The definitions in this 
 24.3   subdivision apply to this section. 
 24.4      (b) "Date of hiring" means the earlier of:  (1) the first 
 24.5   day for which an employee is owed compensation by an employer; 
 24.6   or (2) the first day that an employee reports to work or 
 24.7   performs labor or services for an employer. 
 24.8      (c) "Earnings" means payment owed by an employer for labor 
 24.9   or services rendered by an employee. 
 24.10     (d) "Employee" means a person who resides or works in 
 24.11  Minnesota and performs services for compensation, in whatever 
 24.12  form, for an employer. satisfies the criteria of an employee 
 24.13  under chapter 24 of the Federal Tax Code.  Employee does not 
 24.14  include:  
 24.15     (1) persons hired for domestic service in the private home 
 24.16  of the employer, as defined in the Federal Tax Code.; or 
 24.17     (2) an employee of the federal or state agency performing 
 24.18  intelligence or counterintelligence functions, if the head of 
 24.19  such agency has determined that reporting according to this law 
 24.20  would endanger the safety of the employee or compromise an 
 24.21  ongoing investigation or intelligence mission. 
 24.22     (e) "Employer" means a person or entity located or doing 
 24.23  business in this state that employs one or more employees for 
 24.24  payment, and includes the state, political or other governmental 
 24.25  subdivisions of the state, and the federal government. and 
 24.26  satisfies the criteria of an employer under section 3401(d) of 
 24.27  the Federal Tax Code. 
 24.28     (f) "Hiring" means engaging a person to perform services 
 24.29  for compensation and includes the reemploying or return to work 
 24.30  of any previous employee who was laid off, furloughed, 
 24.31  separated, granted a leave without pay, or terminated from 
 24.32  employment. when a period of 90 days elapses from the date of 
 24.33  layoff, furlough, separation, leave, or termination to the date 
 24.34  of the person's return to work. 
 24.35     (g) "Labor organization" means entities located or doing 
 24.36  business in this state that meet the criteria of labor 
 25.1   organization under section 2(5) of the National Labor Relations 
 25.2   Act.  This includes any entity, that may also be known as a 
 25.3   hiring hall, used to carry out requirements described in section 
 25.4   8(f)(3) of the National Labor Relations Act. 
 25.5      (h) "Payor" means a person or entity located or doing 
 25.6   business in Minnesota who pays money to an independent 
 25.7   contractor according to an agreement for the performance of 
 25.8   services. 
 25.9      Sec. 20.  Minnesota Statutes 1996, section 256.998, 
 25.10  subdivision 6, is amended to read: 
 25.11     Subd. 6.  [SANCTIONS.] If an employer fails to report under 
 25.12  this section, the commissioner of human services, by certified 
 25.13  mail, shall send the employer a written notice of noncompliance 
 25.14  requesting that the employer comply with the reporting 
 25.15  requirements of this section.  The notice of noncompliance must 
 25.16  explain the reporting procedure under this section and advise 
 25.17  the employer of the penalty for noncompliance.  An employer who 
 25.18  has received a notice of noncompliance and later incurs a second 
 25.19  violation is subject to a civil penalty of $50 $20 for each 
 25.20  intentionally unreported employee.  An employer who has received 
 25.21  a notice of noncompliance and later incurs a third or subsequent 
 25.22  violation is subject to a civil penalty of $500 $450 for each 
 25.23  intentionally unreported employee., if noncompliance is the 
 25.24  result of a conspiracy between an employer and an employee to 
 25.25  not supply the required report or to supply a false or 
 25.26  incomplete report.  These penalties may be imposed and collected 
 25.27  by the commissioner of human services. 
 25.28     Sec. 21.  Minnesota Statutes 1996, section 256.998, 
 25.29  subdivision 7, is amended to read: 
 25.30     Subd. 7.  [ACCESS TO DATA.] The commissioner of human 
 25.31  services shall retain the information reported to the work 
 25.32  reporting system for a period of six months.  Data in the work 
 25.33  reporting system may be disclosed to the public authority 
 25.34  responsible for child support enforcement, federal agencies, and 
 25.35  state and local agencies of other states for the purposes of 
 25.36  enforcing state and federal laws governing child support., and 
 26.1   agencies responsible for the administration of programs under 
 26.2   Title IV-A of the Social Security Act, the department of 
 26.3   economic security, and the department of labor and industry. 
 26.4      Sec. 22.  Minnesota Statutes 1996, section 256.998, 
 26.5   subdivision 9, is amended to read: 
 26.6      Subd. 9.  [INDEPENDENT CONTRACTORS.] The state and all 
 26.7   political subdivisions of the state, when acting in the capacity 
 26.8   of an employer, shall report the hiring of any person as an 
 26.9   independent contractor to the centralized work reporting system 
 26.10  in the same manner as the hiring of an employee is reported. 
 26.11     The attorney general and the commissioner of human services 
 26.12  shall work with representatives of the employment community and 
 26.13  industries that utilize independent contractors in the regular 
 26.14  course of business to develop a plan to include the reporting of 
 26.15  independent contractors by all employers to the centralized work 
 26.16  reporting system by July 1, 1996.  The attorney general and the 
 26.17  commissioner of human services shall present the resulting plan 
 26.18  in the form of proposed legislation to the legislature by 
 26.19  February 1, 1996. Other payors may report independent 
 26.20  contractors to whom they make payments that require the filing 
 26.21  of a 1099-MISC report.  Payors reporting independent contractors 
 26.22  shall report by use of the same means and provide the same 
 26.23  information required under subdivisions 4 and 5.  The 
 26.24  commissioner of human services shall establish procedures for 
 26.25  payors reporting under this section. 
 26.26     Sec. 23.  Minnesota Statutes 1996, section 257.57, 
 26.27  subdivision 2, is amended to read: 
 26.28     Subd. 2.  The child, the mother, or personal representative 
 26.29  of the child, the public authority chargeable by law with the 
 26.30  support of the child, the personal representative or a parent of 
 26.31  the mother if the mother has died or is a minor, a man alleged 
 26.32  or alleging himself to be the father, or the personal 
 26.33  representative or a parent of the alleged father if the alleged 
 26.34  father has died or is a minor may bring an action: 
 26.35     (1) at any time for the purpose of declaring the existence 
 26.36  of the father and child relationship presumed under section 
 27.1   257.55, subdivision 1, paragraph (d), (e), (f), (g), or (h), or 
 27.2   the nonexistence of the father and child relationship presumed 
 27.3   under clause (d) of that subdivision; 
 27.4      (2) for the purpose of declaring the nonexistence of the 
 27.5   father and child relationship presumed under section 257.55, 
 27.6   subdivision 1, paragraph (e) or (g), only if the action is 
 27.7   brought within six months after the person bringing the action 
 27.8   obtains the results of blood or genetic tests that indicate that 
 27.9   the presumed father is not the father of the child; 
 27.10     (3) for the purpose of declaring the nonexistence of the 
 27.11  father and child relationship presumed under section 257.55, 
 27.12  subdivision 1, paragraph (f), only if the action is brought 
 27.13  within three years after the party bringing the action, or the 
 27.14  party's attorney of record, has been provided the blood or 
 27.15  genetic test results; or 
 27.16     (4) for the purpose of declaring the nonexistence of the 
 27.17  father and child relationship presumed under section 257.75 
 27.18  257.55, subdivision 9 1, paragraph (i), only if the action is 
 27.19  brought by the minor signatory within six months after the minor 
 27.20  signatory reaches the age of 18.  In the case of a recognition 
 27.21  of parentage executed by two minor signatories, the action to 
 27.22  declare the nonexistence of the father and child relationship 
 27.23  must be brought within six months after the youngest signatory 
 27.24  reaches the age of 18. 
 27.25     Sec. 24.  Minnesota Statutes 1996, section 257.62, 
 27.26  subdivision 1, is amended to read: 
 27.27     Subdivision 1.  [BLOOD OR GENETIC TESTS REQUIRED.] (a) The 
 27.28  court or public authority may, and upon request of a party 
 27.29  shall, require the child, mother, or alleged father to submit to 
 27.30  blood or genetic tests.  The party requesting the tests shall 
 27.31  file with the court an affidavit either alleging or denying 
 27.32  paternity and setting forth facts that establish the reasonable 
 27.33  possibility that there was, or was not, the requisite sexual 
 27.34  contact between the parties. 
 27.35     (b) A copy of the test results must be served on the 
 27.36  parties as provided in section 543.20 each party by first class 
 28.1   mail to the party's last known address.  Any objection to the 
 28.2   results of blood or genetic tests must be made in writing no 
 28.3   later than 15 days prior to a hearing at which time those test 
 28.4   results may be introduced into evidence 17 days after service of 
 28.5   the results.  Test results served upon a party must include 
 28.6   notice of this right to object.  
 28.7      (c) If the alleged father is dead, the court may, and upon 
 28.8   request of a party shall, require the decedent's parents or 
 28.9   brothers and sisters or both to submit to blood or genetic 
 28.10  tests.  However, in a case involving these relatives of an 
 28.11  alleged father, who is deceased, the court may refuse to order 
 28.12  blood or genetic tests if the court makes an express finding 
 28.13  that submitting to the tests presents a danger to the health of 
 28.14  one or more of these relatives that outweighs the child's 
 28.15  interest in having the tests performed.  Unless the person gives 
 28.16  consent to the use, the results of any blood or genetic tests of 
 28.17  the decedent's parents, brothers, or sisters may be used only to 
 28.18  establish the right of the child to public assistance including 
 28.19  but not limited to social security and veterans' benefits.  The 
 28.20  tests shall be performed by a qualified expert appointed by the 
 28.21  court. 
 28.22     Sec. 25.  Minnesota Statutes 1996, section 257.62, 
 28.23  subdivision 2, is amended to read: 
 28.24     Subd. 2.  The court, upon reasonable request by a party, 
 28.25  shall order that independent tests be performed by other 
 28.26  qualified experts.  A party wanting additional testing must 
 28.27  first contest the original tests in subdivision 1, paragraph 
 28.28  (b), and must pay in advance for the additional testing.  The 
 28.29  additional testing shall be performed by another qualified 
 28.30  expert. 
 28.31     Sec. 26.  Minnesota Statutes 1996, section 257.66, 
 28.32  subdivision 3, is amended to read: 
 28.33     Subd. 3.  [JUDGMENT; ORDER.] The judgment or order shall 
 28.34  contain provisions concerning the duty of support, the custody 
 28.35  of the child, the name of the child, the social security number 
 28.36  of the mother, father, and child, if known at the time of 
 29.1   adjudication, visitation privileges with the child, the 
 29.2   furnishing of bond or other security for the payment of the 
 29.3   judgment, or any other matter in the best interest of the 
 29.4   child.  Custody and visitation and all subsequent motions 
 29.5   related to them shall proceed and be determined under section 
 29.6   257.541.  The remaining matters and all subsequent motions 
 29.7   related to them shall proceed and be determined in accordance 
 29.8   with chapter 518.  The judgment or order may direct the 
 29.9   appropriate party to pay all or a proportion of the reasonable 
 29.10  expenses of the mother's pregnancy and confinement, after 
 29.11  consideration of the relevant facts, including the relative 
 29.12  financial means of the parents; the earning ability of each 
 29.13  parent; and any health insurance policies held by either parent, 
 29.14  or by a spouse or parent of the parent, which would provide 
 29.15  benefits for the expenses incurred by the mother during her 
 29.16  pregnancy and confinement.  Pregnancy and confinement expenses 
 29.17  and genetic testing costs, submitted by the public authority, 
 29.18  are admissible as evidence without third-party foundation 
 29.19  testimony and shall constitute prima facie evidence of the 
 29.20  amounts incurred for such services or for the genetic testing.  
 29.21  Remedies available for the collection and enforcement of child 
 29.22  support apply to confinement costs and are considered additional 
 29.23  child support. 
 29.24     Sec. 27.  Minnesota Statutes 1996, section 257.66, is 
 29.25  amended by adding a subdivision to read: 
 29.26     Subd. 6.  [REQUIRED INFORMATION.] Upon entry of judgment or 
 29.27  order, each parent who is a party in a paternity proceeding 
 29.28  shall: 
 29.29     (1) file with the public authority responsible for child 
 29.30  support enforcement the party's social security number, 
 29.31  residential and mailing address, telephone number, driver's 
 29.32  license number, and name, address, and telephone number of any 
 29.33  employer if the party is receiving services from the public 
 29.34  authority or begins receiving services from the public 
 29.35  authority; 
 29.36     (2) file the information in clause (1) with the district 
 30.1   court; and 
 30.2      (3) notify the court and, if applicable, the public 
 30.3   authority responsible for child support enforcement of any 
 30.4   change in the information required under this section within ten 
 30.5   days of the change. 
 30.6      Sec. 28.  Minnesota Statutes 1996, section 257.70, is 
 30.7   amended to read: 
 30.8      257.70 [HEARINGS AND RECORDS; CONFIDENTIALITY.] 
 30.9      (a) Notwithstanding any other law concerning public 
 30.10  hearings and records, any hearing or trial held under sections 
 30.11  257.51 to 257.74 shall be held in closed court without 
 30.12  admittance of any person other than those necessary to the 
 30.13  action or proceeding.  All papers and records, other than the 
 30.14  final judgment, pertaining to the action or proceeding, whether 
 30.15  part of the permanent record of the court or of a file in the 
 30.16  state department of human services or elsewhere, are subject to 
 30.17  inspection only upon consent of the court and all interested 
 30.18  persons, or in exceptional cases only upon an order of the court 
 30.19  for good cause shown.  
 30.20     (b) In all proceedings under this chapter, in which public 
 30.21  assistance is assigned under section 256.741 or the public 
 30.22  authority provides services to a party or parties to the 
 30.23  proceedings, information on the location of one party may not be 
 30.24  disclosed by the public authority to the other party if:  
 30.25     (1) a protective order with respect to the other party has 
 30.26  been entered; or 
 30.27     (2) the public authority has reason to believe that the 
 30.28  release of the information may result in physical or emotional 
 30.29  harm to the other party. 
 30.30     Sec. 29.  Minnesota Statutes 1996, section 257.75, 
 30.31  subdivision 1a, is amended to read: 
 30.32     Subd. 1a.  [JOINDER IN RECOGNITION BY HUSBAND.] A man who 
 30.33  is a presumed father under section 257.55, subdivision 1, 
 30.34  paragraph (a), may join in a recognition of parentage that 
 30.35  recognizes that another man is the child's biological father.  
 30.36  The man who is the presumed father under section 257.55, 
 31.1   subdivision 1, paragraph (a), must sign an acknowledgment under 
 31.2   oath before a notary public that he is renouncing the 
 31.3   presumption under section 257.55, subdivision 1, paragraph (a), 
 31.4   and recognizing that the father who is executing the recognition 
 31.5   under subdivision 1 is the biological father of the child.  A 
 31.6   joinder in a recognition under this subdivision must be executed 
 31.7   within one year after the child's birth and at the same time as 
 31.8   the recognition under subdivision 1 or within ten days following 
 31.9   execution of the recognition. the joinder must be included in 
 31.10  the recognition form or incorporated by reference within the 
 31.11  recognition and attached to the form when it is filed with the 
 31.12  state registrar of vital statistics.  The joinder must be on a 
 31.13  form prepared by the commissioner of human services.  Failure to 
 31.14  properly execute a joinder in a recognition does not affect the 
 31.15  validity of the recognition under subdivision 1. 
 31.16     Sec. 30.  Minnesota Statutes 1996, section 257.75, 
 31.17  subdivision 2, is amended to read: 
 31.18     Subd. 2.  [REVOCATION OF RECOGNITION.] A recognition may be 
 31.19  revoked in a writing signed by the mother or father before a 
 31.20  notary public and filed with the state registrar of vital 
 31.21  statistics within the earlier of 30 days after the recognition 
 31.22  is executed. or the date of an administrative or judicial 
 31.23  hearing relating to the child in which the revoking party is a 
 31.24  party to the related action.  A joinder in a recognition may be 
 31.25  revoked in a writing signed by the man who executed the joinder 
 31.26  and filed with the state registrar of vital statistics within 30 
 31.27  days after the joinder is executed.  Upon receipt of a 
 31.28  revocation of the recognition of parentage or joinder in a 
 31.29  recognition, the state registrar of vital statistics shall 
 31.30  forward a copy of the revocation to the nonrevoking parent, or, 
 31.31  in the case of a joinder in a recognition, to the mother and 
 31.32  father who executed the recognition.  The commissioner of human 
 31.33  services shall prepare a revocation form. 
 31.34     Sec. 31.  Minnesota Statutes 1996, section 257.75, 
 31.35  subdivision 3, is amended to read: 
 31.36     Subd. 3.  [EFFECT OF RECOGNITION.] Subject to subdivision 2 
 32.1   and section 257.55, subdivision 1, paragraph (g) or (h), the 
 32.2   recognition has the force and effect of a judgment or order 
 32.3   determining the existence of the parent and child relationship 
 32.4   under section 257.66.  If the conditions in section 257.55, 
 32.5   subdivision 1, paragraph (g) or (h), exist, the recognition 
 32.6   creates only a presumption of paternity for purposes of sections 
 32.7   257.51 to 257.74.  Until an order is entered granting custody to 
 32.8   another, the mother has sole custody.  The recognition is: 
 32.9      (1) a basis for bringing an action to award custody or 
 32.10  visitation rights to either parent, establishing a child support 
 32.11  obligation which may include up to the two years immediately 
 32.12  preceding the commencement of the action, ordering a 
 32.13  contribution by a parent under section 256.87, or ordering a 
 32.14  contribution to the reasonable expenses of the mother's 
 32.15  pregnancy and confinement, as provided under section 257.66, 
 32.16  subdivision 3, or ordering reimbursement for the costs of blood 
 32.17  or genetic testing, as provided under section 257.69, 
 32.18  subdivision 2; 
 32.19     (2) determinative for all other purposes related to the 
 32.20  existence of the parent and child relationship; and 
 32.21     (3) entitled to full faith and credit in other 
 32.22  jurisdictions.  A recognition of parentage that is unchallenged 
 32.23  shall not be ratified in a judicial or administrative proceeding.
 32.24     Sec. 32.  Minnesota Statutes 1996, section 257.75, 
 32.25  subdivision 4, is amended to read: 
 32.26     Subd. 4.  [ACTION TO VACATE RECOGNITION.] (a) An action to 
 32.27  vacate a recognition of paternity may be brought by the mother, 
 32.28  father, husband or former husband who executed a joinder, or the 
 32.29  child.  A mother, father, or husband or former husband who 
 32.30  executed a joinder must bring the action within one year of the 
 32.31  execution of the recognition or within six months after the 
 32.32  person bringing the action obtains the results of blood or 
 32.33  genetic tests that indicate that the man who executed the 
 32.34  recognition is not the father of the child.  A child must bring 
 32.35  an action to vacate within six months after the child obtains 
 32.36  the result of blood or genetic tests that indicate that the man 
 33.1   who executed the recognition is not the father of the child, or 
 33.2   within one year of reaching the age of majority, whichever is 
 33.3   later.  If the court finds a prima facie basis for vacating the 
 33.4   recognition, the court shall order the child, mother, father, 
 33.5   and husband or former husband who executed a joinder to submit 
 33.6   to blood tests.  If the court issues an order for the taking of 
 33.7   blood tests, the court shall require the party seeking to vacate 
 33.8   the recognition to make advance payment for the costs of the 
 33.9   blood tests.  If the party fails to pay for the costs of the 
 33.10  blood tests, the court shall dismiss the action to vacate with 
 33.11  prejudice.  The court may also order the party seeking to vacate 
 33.12  the recognition to pay the other party's reasonable attorney 
 33.13  fees, costs, and disbursements.  If the results of the blood 
 33.14  tests establish that the man who executed the recognition is not 
 33.15  the father, the court shall vacate the recognition.  If a 
 33.16  recognition is vacated, any joinder in the recognition under 
 33.17  subdivision 1a is also vacated.  The court shall terminate the 
 33.18  obligation of a party to pay ongoing child support based on the 
 33.19  recognition.  A modification of child support based on a 
 33.20  recognition may be made retroactive with respect to any period 
 33.21  during which the moving party has pending a motion to vacate the 
 33.22  recognition but only from the date of service of notice of the 
 33.23  motion on the responding party. 
 33.24     (b) The burden of proof in an action to vacate the 
 33.25  recognition is on the moving party.  The moving party must 
 33.26  request the vacation on the basis of fraud, duress, or material 
 33.27  mistake of fact.  The legal responsibilities in existence at the 
 33.28  time of an action to vacate, including child support 
 33.29  obligations, may not be suspended during the proceeding, except 
 33.30  for good cause shown. 
 33.31     Sec. 33.  Minnesota Statutes 1996, section 257.75, 
 33.32  subdivision 5, is amended to read: 
 33.33     Subd. 5.  [RECOGNITION FORM.] The commissioner of human 
 33.34  services shall prepare a form for the recognition of parentage 
 33.35  under this section.  In preparing the form, the commissioner 
 33.36  shall consult with the individuals specified in subdivision 6.  
 34.1   The recognition form must be drafted so that the force and 
 34.2   effect of the recognition and the benefits and responsibilities 
 34.3   of establishing paternity are clear and understandable.  Before 
 34.4   the parents of a child sign a recognition of parentage, they 
 34.5   must be given oral and written notice of the legal consequences 
 34.6   of signing the recognition, the rights and responsibilities 
 34.7   assumed by signing the recognition, and the alternatives to 
 34.8   executing a recognition of parentage.  The form must include a 
 34.9   notice regarding the finality of a recognition and the 
 34.10  revocation procedure under subdivision 2.  The form must include 
 34.11  a provision for each parent to verify that the parent has read 
 34.12  or viewed the educational materials prepared by the commissioner 
 34.13  of human services describing the recognition of paternity. and 
 34.14  that the individual providing the form to the parents for 
 34.15  execution provided oral notice of the rights, responsibilities, 
 34.16  and alternatives to executing the recognition.  Oral notice may 
 34.17  be provided by audio tape, videotape, or similar means.  Each 
 34.18  parent must receive a copy of the recognition. 
 34.19     Sec. 34.  Minnesota Statutes 1996, section 257.75, 
 34.20  subdivision 7, is amended to read: 
 34.21     Subd. 7.  [HOSPITAL AND DEPARTMENT OF HEALTH DISTRIBUTION 
 34.22  OF EDUCATIONAL MATERIALS; RECOGNITION FORM.] Hospitals that 
 34.23  provide obstetric services and the state registrar of vital 
 34.24  statistics shall distribute the educational materials and 
 34.25  recognition of parentage forms prepared by the commissioner of 
 34.26  human services to new parents and shall assist parents in 
 34.27  understanding the recognition of parentage form., including 
 34.28  following the provisions for oral and written notice under 
 34.29  subdivision 5.  On and after January 1, 1994, hospitals may not 
 34.30  distribute the declaration of parentage forms. 
 34.31     Sec. 35.  Minnesota Statutes 1996, section 299C.46, 
 34.32  subdivision 3, is amended to read: 
 34.33     Subd. 3.  [AUTHORIZED USE, FEE.] (a) The data 
 34.34  communications network shall be used exclusively by:  
 34.35     (1) criminal justice agencies in connection with the 
 34.36  performance of duties required by law; 
 35.1      (2) agencies investigating federal security clearances of 
 35.2   individuals for assignment or retention in federal employment 
 35.3   with duties related to national security, as required by Public 
 35.4   Law Number 99-1691; and 
 35.5      (3) other agencies to the extent necessary to provide for 
 35.6   protection of the public or property in an emergency or disaster 
 35.7   situation.; and 
 35.8      (4) the public authority responsible for child support 
 35.9   enforcement in connection with the performance of its duties.  
 35.10     (b) The commissioner of public safety shall establish a 
 35.11  monthly network access charge to be paid by each participating 
 35.12  criminal justice agency.  The network access charge shall be a 
 35.13  standard fee established for each terminal, computer, or other 
 35.14  equipment directly addressable by the criminal justice data 
 35.15  communications network, as follows:  January 1, 1984 to December 
 35.16  31, 1984, $40 connect fee per month; January 1, 1985 and 
 35.17  thereafter, $50 connect fee per month.  
 35.18     (c) The commissioner of public safety is authorized to 
 35.19  arrange for the connection of the data communications network 
 35.20  with the criminal justice information system of the federal 
 35.21  government, any adjacent state, or Canada. 
 35.22     Sec. 36.  Minnesota Statutes 1996, section 518.005, is 
 35.23  amended by adding a subdivision to read: 
 35.24     Subd. 5.  [PROHIBITED DISCLOSURE.] In all proceedings under 
 35.25  this chapter in which public assistance is assigned under 
 35.26  section 256.741 or the public authority provides services to a 
 35.27  party or parties to the proceedings, information on the location 
 35.28  of one party may not be disclosed by the public authority to the 
 35.29  other party if: 
 35.30     (1) a protective order with respect to the other party has 
 35.31  been entered; or 
 35.32     (2) the public authority responsible for child support 
 35.33  enforcement has reason to believe that the release of the 
 35.34  information may result in physical or emotional harm to the 
 35.35  other party. 
 35.36     Sec. 37.  Minnesota Statutes 1996, section 518.10, is 
 36.1   amended to read: 
 36.2      518.10 [REQUISITES OF PETITION.] 
 36.3      The petition for dissolution of marriage or legal 
 36.4   separation shall state and allege: 
 36.5      (a) The name and, address, and social security number of 
 36.6   the petitioner and any prior or other name used by the 
 36.7   petitioner; 
 36.8      (b) The name and, if known, the address and social security 
 36.9   number of the respondent and any prior or other name used by the 
 36.10  respondent and known to the petitioner; 
 36.11     (c) The place and date of the marriage of the parties; 
 36.12     (d) In the case of a petition for dissolution, that either 
 36.13  the petitioner or the respondent or both:  
 36.14     (1) Has resided in this state for not less than 180 days 
 36.15  immediately preceding the commencement of the proceeding, or 
 36.16     (2) Has been a member of the armed services and has been 
 36.17  stationed in this state for not less than 180 days immediately 
 36.18  preceding the commencement of the proceeding, or 
 36.19     (3) Has been a domiciliary of this state for not less than 
 36.20  180 days immediately preceding the commencement of the 
 36.21  proceeding; 
 36.22     (e) The name at the time of the petition and any prior or 
 36.23  other name, age and date of birth of each living minor or 
 36.24  dependent child of the parties born before the marriage or born 
 36.25  or adopted during the marriage and a reference to, and the 
 36.26  expected date of birth of, a child of the parties conceived 
 36.27  during the marriage but not born; 
 36.28     (f) Whether or not a separate proceeding for dissolution, 
 36.29  legal separation, or custody is pending in a court in this state 
 36.30  or elsewhere; 
 36.31     (g) In the case of a petition for dissolution, that there 
 36.32  has been an irretrievable breakdown of the marriage 
 36.33  relationship; 
 36.34     (h) In the case of a petition for legal separation, that 
 36.35  there is a need for a decree of legal separation; and 
 36.36     (i) Any temporary or permanent maintenance, child support, 
 37.1   child custody, disposition of property, attorneys' fees, costs 
 37.2   and disbursements applied for without setting forth the amounts. 
 37.3      The petition shall be verified by the petitioner or 
 37.4   petitioners, and its allegations established by competent 
 37.5   evidence.  
 37.6      Sec. 38.  Minnesota Statutes 1996, section 518.148, 
 37.7   subdivision 2, is amended to read: 
 37.8      Subd. 2.  [REQUIRED INFORMATION.] The certificate shall 
 37.9   include the following information: 
 37.10     (1) the full caption and file number of the case and the 
 37.11  title "Certificate of Dissolution"; 
 37.12     (2) the names and any prior or other names of the parties 
 37.13  to the dissolution; 
 37.14     (3) the names of any living minor or dependent children as 
 37.15  identified in the judgment and decree; 
 37.16     (4) that the marriage of the parties is dissolved; and 
 37.17     (5) the date of the judgment and decree.; and 
 37.18     (6) the social security number of the parties to the 
 37.19  dissolution and the social security number of any living minor 
 37.20  or dependent children identified in the judgment and decree. 
 37.21     Sec. 39.  Minnesota Statutes 1996, section 518.171, 
 37.22  subdivision 1, is amended to read: 
 37.23     Subdivision 1.  [ORDER.] Compliance with this section 
 37.24  constitutes compliance with a qualified medical child support 
 37.25  order as described in the federal Employee Retirement Income 
 37.26  Security Act of 1974 (ERISA) as amended by the federal Omnibus 
 37.27  Budget Reconciliation Act of 1993 (OBRA).  
 37.28     (a) Every child support order must: 
 37.29     (1) expressly assign or reserve the responsibility for 
 37.30  maintaining medical insurance for the minor children and the 
 37.31  division of uninsured medical and dental costs; and 
 37.32     (2) contain the names and, last known addresses, if any and 
 37.33  social security number of the custodial parent and noncustodial 
 37.34  parent, of the dependents unless the court prohibits the 
 37.35  inclusion of an address or social security number and orders the 
 37.36  custodial parent to provide the address and social security 
 38.1   number to the administrator of the health plan.  The court shall 
 38.2   order the party with the better group dependent health and 
 38.3   dental insurance coverage or health insurance plan to name the 
 38.4   minor child as beneficiary on any health and dental insurance 
 38.5   plan that is available to the party on: 
 38.6      (i) a group basis; 
 38.7      (ii) through an employer or union; or 
 38.8      (iii) through a group health plan governed under the ERISA 
 38.9   and included within the definitions relating to health plans 
 38.10  found in section 62A.011, 62A.048, or 62E.06, subdivision 2.  
 38.11  "Health insurance" or "health insurance coverage" as used in 
 38.12  this section means coverage that is comparable to or better than 
 38.13  a number two qualified plan as defined in section 62E.06, 
 38.14  subdivision 2.  "Health insurance" or "health insurance 
 38.15  coverage" as used in this section does not include medical 
 38.16  assistance provided under chapter 256, 256B, or 256D. 
 38.17     (b) If the court finds that dependent health or dental 
 38.18  insurance is not available to the obligor or obligee on a group 
 38.19  basis or through an employer or union, or that group insurance 
 38.20  is not accessible to the obligee, the court may require the 
 38.21  obligor (1) to obtain other dependent health or dental 
 38.22  insurance, (2) to be liable for reasonable and necessary medical 
 38.23  or dental expenses of the child, or (3) to pay no less than $50 
 38.24  per month to be applied to the medical and dental expenses of 
 38.25  the children or to the cost of health insurance dependent 
 38.26  coverage. 
 38.27     (c) If the court finds that the available dependent health 
 38.28  or dental insurance does not pay all the reasonable and 
 38.29  necessary medical or dental expenses of the child, including any 
 38.30  existing or anticipated extraordinary medical expenses, and the 
 38.31  court finds that the obligor has the financial ability to 
 38.32  contribute to the payment of these medical or dental expenses, 
 38.33  the court shall require the obligor to be liable for all or a 
 38.34  portion of the medical or dental expenses of the child not 
 38.35  covered by the required health or dental plan.  Medical and 
 38.36  dental expenses include, but are not limited to, necessary 
 39.1   orthodontia and eye care, including prescription lenses. 
 39.2      (d) Unless otherwise agreed by the parties and approved by 
 39.3   the court, if the court finds that the obligee is not receiving 
 39.4   public assistance for the child and has the financial ability to 
 39.5   contribute to the cost of medical and dental expenses for the 
 39.6   child, including the cost of insurance, the court shall order 
 39.7   the obligee and obligor to each assume a portion of these 
 39.8   expenses based on their proportionate share of their total net 
 39.9   income as defined in section 518.54, subdivision 6. 
 39.10     (e) Payments ordered under this section are subject to 
 39.11  section 518.611.  An obligee who fails to apply payments 
 39.12  received to the medical expenses of the dependents may be found 
 39.13  in contempt of this order. 
 39.14     Sec. 40.  Minnesota Statutes 1996, section 518.171, 
 39.15  subdivision 4, is amended to read: 
 39.16     Subd. 4.  [EFFECT OF ORDER.] (a) The order is binding on 
 39.17  the employer or union and the health and dental insurance plan 
 39.18  when service under subdivision 3 has been made.  Receipt of an 
 39.19  order or notice for health insurance by an employer or union 
 39.20  shall operate to enroll the child in the obligor's health plan.  
 39.21  The obligor may contest the enrollment, but the enrollment must 
 39.22  remain in effect while it is in contest.  An employer or union 
 39.23  that is included under ERISA may not deny enrollment based on 
 39.24  exclusionary clauses described in section 62A.048.  Upon receipt 
 39.25  of the order, or upon application of the obligor pursuant 
 39.26  according to the order or notice, the employer or union and its 
 39.27  health and dental insurance plan shall enroll the minor child as 
 39.28  a beneficiary in the group insurance plan and withhold any 
 39.29  required premium from the obligor's income or wages.  If more 
 39.30  than one plan is offered by the employer or union, the child 
 39.31  shall be enrolled in the least costly health insurance plan 
 39.32  otherwise available to the obligor that is comparable to a 
 39.33  number two qualified plan.  If the obligor is not enrolled in a 
 39.34  health insurance plan, the employer or union shall also enroll 
 39.35  the obligor in the chosen plan if enrollment of the obligor is 
 39.36  necessary in order to obtain dependent coverage under the plan.  
 40.1   Enrollment of dependents and the obligor shall be immediate and 
 40.2   not dependent upon open enrollment periods.  Enrollment is not 
 40.3   subject to the underwriting policies described in section 
 40.4   62A.048.  
 40.5      (b) An employer or union that willfully fails to comply 
 40.6   with the order is liable for any health or dental expenses 
 40.7   incurred by the dependents during the period of time the 
 40.8   dependents were eligible to be enrolled in the insurance 
 40.9   program, and for any other premium costs incurred because the 
 40.10  employer or union willfully failed to comply with the order.  An 
 40.11  employer or union that fails to comply with the order is subject 
 40.12  to contempt under section 518.615 and is also subject to a fine 
 40.13  of $500 to be paid to the obligee or public authority.  Fines 
 40.14  paid to the public authority are designated for child support 
 40.15  enforcement services. 
 40.16     (c) Failure of the obligor to execute any documents 
 40.17  necessary to enroll the dependent in the group health and dental 
 40.18  insurance plan will not affect the obligation of the employer or 
 40.19  union and group health and dental insurance plan to enroll the 
 40.20  dependent in a plan.  Information and authorization provided by 
 40.21  the public authority responsible for child support enforcement, 
 40.22  or by the custodial parent or guardian, is valid for the 
 40.23  purposes of meeting enrollment requirements of the health plan.  
 40.24  The insurance coverage for a child eligible under subdivision 5 
 40.25  shall not be terminated except as authorized in subdivision 5. 
 40.26     Sec. 41.  Minnesota Statutes 1996, section 518.54, is 
 40.27  amended by adding a subdivision to read: 
 40.28     Subd. 4a.  [SUPPORT ORDER.] "Support order" means a 
 40.29  judgment, decree, or order, whether temporary, final, or subject 
 40.30  to modification, issued by a court or administrative agency of 
 40.31  competent jurisdiction, for the support and maintenance of a 
 40.32  child, including a child who has attained the age of majority 
 40.33  under the law of the issuing state, or a child and the parent 
 40.34  with whom the child is living, that provides for monetary 
 40.35  support, child care, medical support including expenses for 
 40.36  confinement and pregnancy, arrearages, or reimbursement, and 
 41.1   which may include related costs and fees, interest and 
 41.2   penalties, income withholding, attorney's fees, and other relief.
 41.3   This definition applies to orders issued under this chapter and 
 41.4   chapters 256, 257, and 518C. 
 41.5      Sec. 42.  Minnesota Statutes 1996, section 518.54, 
 41.6   subdivision 6, is amended to read: 
 41.7      Subd. 6.  [INCOME.] (a) "Income" means any form of periodic 
 41.8   payment to an individual including, but not limited to, wages, 
 41.9   salaries, payments to an independent contractor, workers' 
 41.10  compensation, reemployment insurance, annuity, military and 
 41.11  naval retirement, pension and disability payments.  Benefits 
 41.12  received under sections 256.72 to 256.87 and chapter 256D Title 
 41.13  IV-A of the Social Security Act are not income under this 
 41.14  section. 
 41.15     (b) Income also includes other resources of an individual 
 41.16  including, but not limited to, nonperiodic distributions of 
 41.17  workers' compensation claims, reemployment claims, personal 
 41.18  injury recoveries, severance pay, bonuses, and lottery or 
 41.19  gambling winnings. 
 41.20     Sec. 43.  Minnesota Statutes 1996, section 518.551, 
 41.21  subdivision 12, is amended to read: 
 41.22     Subd. 12.  [OCCUPATIONAL LICENSE SUSPENSION.] (a) Upon 
 41.23  motion of an obligee, if the court finds that the obligor is or 
 41.24  may be licensed by a licensing board listed in section 214.01 or 
 41.25  other state, county, or municipal agency or board that issues an 
 41.26  occupational license and the obligor is in arrears in 
 41.27  court-ordered child support or maintenance payments or both in 
 41.28  an amount equal to or greater than three times the obligor's 
 41.29  total monthly support and maintenance payments and is not in 
 41.30  compliance with a written payment agreement regarding both 
 41.31  current support and arrearages approved by the court, an 
 41.32  administrative law judge, or the public authority, the 
 41.33  administrative law judge, or the court shall direct the 
 41.34  licensing board or other licensing agency to suspend the license 
 41.35  under section 214.101.  The court's order must be stayed for 90 
 41.36  days in order to allow the obligor to execute a written payment 
 42.1   agreement regarding both current support and arrearages.  The 
 42.2   payment agreement must be approved by either the court or the 
 42.3   public authority responsible for child support enforcement.  If 
 42.4   the obligor has not executed or is not in compliance with a 
 42.5   written payment agreement regarding both current support and 
 42.6   arrearages after the 90 days expires, the court's order becomes 
 42.7   effective.  If the obligor is a licensed attorney, the court 
 42.8   shall report the matter to the lawyers professional 
 42.9   responsibility board for appropriate action in accordance with 
 42.10  the rules of professional conduct.  The remedy under this 
 42.11  subdivision is in addition to any other enforcement remedy 
 42.12  available to the court. 
 42.13     (b) If a public authority responsible for child support 
 42.14  enforcement finds that the obligor is or may be licensed by a 
 42.15  licensing board listed in section 214.01 or other state, county, 
 42.16  or municipal agency or board that issues an occupational license 
 42.17  and the obligor is in arrears in court-ordered child support or 
 42.18  maintenance payments or both in an amount equal to or greater 
 42.19  than three times the obligor's total monthly support and 
 42.20  maintenance payments and is not in compliance with a written 
 42.21  payment agreement regarding both current support and arrearages 
 42.22  approved by the court, an administrative law judge, or the 
 42.23  public authority, the court, an administrative law judge, or the 
 42.24  public authority shall direct the licensing board or other 
 42.25  licensing agency to suspend the license under section 214.101.  
 42.26  If the obligor is a licensed attorney, the public authority may 
 42.27  report the matter to the lawyers professional responsibility 
 42.28  board for appropriate action in accordance with the rules of 
 42.29  professional conduct.  The remedy under this subdivision is in 
 42.30  addition to any other enforcement remedy available to the public 
 42.31  authority. 
 42.32     (c) At least 90 days before notifying a licensing authority 
 42.33  or the lawyers professional responsibility board under paragraph 
 42.34  (b), the public authority shall mail a written notice to the 
 42.35  license holder addressed to the license holder's last known 
 42.36  address that the public authority intends to seek license 
 43.1   suspension under this subdivision and that the license holder 
 43.2   must request a hearing within 30 days in order to contest the 
 43.3   suspension.  If the license holder makes a written request for a 
 43.4   hearing within 30 days of the date of the notice, either a court 
 43.5   hearing or a contested administrative proceeding must be held 
 43.6   under section 518.5511, subdivision 4.  Notwithstanding any law 
 43.7   to the contrary, the license holder must be served with 14 days' 
 43.8   notice in writing specifying the time and place of the hearing 
 43.9   and the allegations against the license holder.  The notice may 
 43.10  be served personally or by mail.  If the public authority does 
 43.11  not receive a request for a hearing within 30 days of the date 
 43.12  of the notice, and the obligor does not execute a written 
 43.13  payment agreement regarding both current support and arrearages 
 43.14  approved by the court, an administrative law judge or the public 
 43.15  authority within 90 days of the date of the notice, the public 
 43.16  authority shall direct the licensing board or other licensing 
 43.17  agency to suspend the obligor's license under paragraph (b), or 
 43.18  shall report the matter to the lawyers professional 
 43.19  responsibility board. 
 43.20     (d) The administrative law judge, on behalf of the public 
 43.21  authority, or the court shall notify the lawyers professional 
 43.22  responsibility board for appropriate action in accordance with 
 43.23  the rules of professional responsibility conduct or order the 
 43.24  licensing board or licensing agency to suspend the license if 
 43.25  the judge finds that: 
 43.26     (1) the person is licensed by a licensing board or other 
 43.27  state agency that issues an occupational license; 
 43.28     (2) the person has not made full payment of arrearages 
 43.29  found to be due by the public authority; and 
 43.30     (3) the person has not executed or is not in compliance 
 43.31  with a payment plan approved by the court, an administrative law 
 43.32  judge, or the public authority. 
 43.33     (e) Within 15 days of the date on which the obligor either 
 43.34  makes full payment of arrearages found to be due by the court or 
 43.35  public authority or executes and initiates good faith compliance 
 43.36  with a written payment plan approved by the court, an 
 44.1   administrative law judge, or the public authority, the court, an 
 44.2   administrative law judge, or the public authority responsible 
 44.3   for child support enforcement shall notify the licensing board 
 44.4   or licensing agency or the lawyers professional responsibility 
 44.5   board that the obligor is no longer ineligible for license 
 44.6   issuance, reinstatement, or renewal under this subdivision. 
 44.7      (f) In addition to the criteria established under this 
 44.8   section for the suspension of an obligor's occupational license, 
 44.9   a court, an administrative law judge, or the public authority 
 44.10  may direct the licensing board or other licensing agency to 
 44.11  suspend the license of an obligor who has failed, after 
 44.12  receiving notice, to comply with a subpoena or warrant relating 
 44.13  to a paternity or child support proceeding. 
 44.14     (g) The court, an administrative law judge, or the public 
 44.15  authority may direct the occupational licensing board or agency 
 44.16  to suspend the license of an obligor who fails to remain in 
 44.17  compliance with an approved payment agreement.  Notice to the 
 44.18  obligor of an intent to suspend under this paragraph shall be 
 44.19  served by first class mail at the obligor's last known address 
 44.20  and shall include a notice of hearing.  The notice shall be 
 44.21  served upon the obligor not less than ten days before the date 
 44.22  of the hearing.  If the court, an administrative law judge, or 
 44.23  the public authority determines that the obligor has failed to 
 44.24  comply with the approved payment agreement, it shall notify the 
 44.25  occupational licensing board or agency to suspend the obligor's 
 44.26  license under paragraph (c). 
 44.27     Sec. 44.  Minnesota Statutes 1996, section 518.551, 
 44.28  subdivision 13, is amended to read: 
 44.29     Subd. 13.  [DRIVER'S LICENSE SUSPENSION.] (a) Upon motion 
 44.30  of an obligee, which has been properly served on the obligor and 
 44.31  upon which there has been an opportunity for hearing, if a court 
 44.32  finds that the obligor has been or may be issued a driver's 
 44.33  license by the commissioner of public safety and the obligor is 
 44.34  in arrears in court-ordered child support or maintenance 
 44.35  payments, or both, in an amount equal to or greater than three 
 44.36  times the obligor's total monthly support and maintenance 
 45.1   payments and is not in compliance with a written payment 
 45.2   agreement regarding both current support and arrearages approved 
 45.3   by the court, an administrative law judge, or the public 
 45.4   authority, the court shall order the commissioner of public 
 45.5   safety to suspend the obligor's driver's license.  The court's 
 45.6   order must be stayed for 90 days in order to allow the obligor 
 45.7   to execute a written payment agreement regarding both current 
 45.8   support and arrearages, which payment agreement must be approved 
 45.9   by either the court or the public authority responsible for 
 45.10  child support enforcement.  If the obligor has not executed or 
 45.11  is not in compliance with a written payment agreement regarding 
 45.12  both current support and arrearages after the 90 days expires, 
 45.13  the court's order becomes effective and the commissioner of 
 45.14  public safety shall suspend the obligor's driver's license.  The 
 45.15  remedy under this subdivision is in addition to any other 
 45.16  enforcement remedy available to the court.  An obligee may not 
 45.17  bring a motion under this paragraph within 12 months of a denial 
 45.18  of a previous motion under this paragraph. 
 45.19     (b) If a public authority responsible for child support 
 45.20  enforcement determines that the obligor has been or may be 
 45.21  issued a driver's license by the commissioner of public safety 
 45.22  and the obligor is in arrears in court-ordered child support or 
 45.23  maintenance payments or both in an amount equal to or greater 
 45.24  than three times the obligor's total monthly support and 
 45.25  maintenance payments and not in compliance with a written 
 45.26  payment agreement regarding both current support and arrearages 
 45.27  approved by the court, an administrative law judge, or the 
 45.28  public authority, the public authority shall direct the 
 45.29  commissioner of public safety to suspend the obligor's driver's 
 45.30  license.  The remedy under this subdivision is in addition to 
 45.31  any other enforcement remedy available to the public authority. 
 45.32     (c) At least 90 days prior to notifying the commissioner of 
 45.33  public safety pursuant according to paragraph (b), the public 
 45.34  authority must mail a written notice to the obligor at the 
 45.35  obligor's last known address, that it intends to seek suspension 
 45.36  of the obligor's driver's license and that the obligor must 
 46.1   request a hearing within 30 days in order to contest the 
 46.2   suspension.  If the obligor makes a written request for a 
 46.3   hearing within 30 days of the date of the notice, either a court 
 46.4   hearing or a contested administrative proceeding must be held 
 46.5   under section 518.5511, subdivision 4.  Notwithstanding any law 
 46.6   to the contrary, the obligor must be served with 14 days' notice 
 46.7   in writing specifying the time and place of the hearing and the 
 46.8   allegations against the obligor.  The notice may be served 
 46.9   personally or by mail.  If the public authority does not receive 
 46.10  a request for a hearing within 30 days of the date of the 
 46.11  notice, and the obligor does not execute a written payment 
 46.12  agreement regarding both current support and arrearages approved 
 46.13  by the court, an administrative law judge, or the public 
 46.14  authority within 90 days of the date of the notice, the public 
 46.15  authority shall direct the commissioner of public safety to 
 46.16  suspend the obligor's driver's license under paragraph (b). 
 46.17     (d) At a hearing requested by the obligor under paragraph 
 46.18  (c), and on finding that the obligor is in arrears in 
 46.19  court-ordered child support or maintenance payments or both in 
 46.20  an amount equal to or greater than three times the obligor's 
 46.21  total monthly support and maintenance payments, the district 
 46.22  court or the administrative law judge shall order the 
 46.23  commissioner of public safety to suspend the obligor's driver's 
 46.24  license or operating privileges unless the court or 
 46.25  administrative law judge determines that the obligor has 
 46.26  executed and is in compliance with a written payment agreement 
 46.27  regarding both current support and arrearages approved by the 
 46.28  court, an administrative law judge, or the public authority. 
 46.29     (e) An obligor whose driver's license or operating 
 46.30  privileges are suspended may provide proof to the court or the 
 46.31  public authority responsible for child support enforcement that 
 46.32  the obligor is in compliance with all written payment agreements 
 46.33  regarding both current support and arrearages.  Within 15 days 
 46.34  of the receipt of that proof, the court or public authority 
 46.35  shall inform the commissioner of public safety that the 
 46.36  obligor's driver's license or operating privileges should no 
 47.1   longer be suspended. 
 47.2      (f) On January 15, 1997, and every two years after that, 
 47.3   the commissioner of human services shall submit a report to the 
 47.4   legislature that identifies the following information relevant 
 47.5   to the implementation of this section: 
 47.6      (1) the number of child support obligors notified of an 
 47.7   intent to suspend a driver's license; 
 47.8      (2) the amount collected in payments from the child support 
 47.9   obligors notified of an intent to suspend a driver's license; 
 47.10     (3) the number of cases paid in full and payment agreements 
 47.11  executed in response to notification of an intent to suspend a 
 47.12  driver's license; 
 47.13     (4) the number of cases in which there has been 
 47.14  notification and no payments or payment agreements; 
 47.15     (5) the number of driver's licenses suspended; and 
 47.16     (6) the cost of implementation and operation of the 
 47.17  requirements of this section. 
 47.18     (g) In addition to the criteria established under this 
 47.19  section for the suspension of an obligor's driver's license, a 
 47.20  court, an administrative law judge, or the public authority may 
 47.21  direct the commissioner of public safety to suspend the license 
 47.22  of an obligor who has failed, after receiving notice, to comply 
 47.23  with a subpoena or warrant relating to a paternity or child 
 47.24  support proceeding. 
 47.25     (h) The court, an administrative law judge, or the public 
 47.26  authority may direct the department of public safety to suspend 
 47.27  the license of an obligor who fails to remain in compliance with 
 47.28  an approved payment agreement.  Notice to the obligor of an 
 47.29  intent to suspend under this paragraph shall be served by first 
 47.30  class mail at the obligor's last known address and shall include 
 47.31  a notice of hearing.  The notice shall be served upon the 
 47.32  obligor not less than ten days before the date of the hearing.  
 47.33  If the court, an administrative law judge, or the public 
 47.34  authority determines that the obligor has failed to comply with 
 47.35  the approved payment agreement, it shall notify the department 
 47.36  of public safety to suspend the obligor's license under 
 48.1   paragraph (c). 
 48.2      Sec. 45.  Minnesota Statutes 1996, section 518.5511, 
 48.3   subdivision 1, is amended to read: 
 48.4      Subdivision 1.  [GENERAL.] (a) An administrative process is 
 48.5   established to obtain, modify, and enforce child and medical 
 48.6   support orders and parentage orders and modify maintenance if 
 48.7   combined with a child support proceeding.  All laws governing 
 48.8   these actions apply insofar as they are not inconsistent with 
 48.9   the provisions of this section and section 518.5512.  Wherever 
 48.10  other laws or rules are inconsistent with this section and 
 48.11  section 518.5512, the provisions in this section and section 
 48.12  518.5512 shall apply. 
 48.13     (b) All proceedings for obtaining, modifying, or enforcing 
 48.14  child and medical support orders and modifying maintenance 
 48.15  orders if combined with a child support proceeding, are required 
 48.16  to be conducted in the administrative process when public 
 48.17  assistance as defined in section 256.741 is being provided or 
 48.18  when the public authority is a party or provides services to a 
 48.19  party or parties to the proceedings.  Cases in which there is no 
 48.20  assignment of assistance or in which the public authority is not 
 48.21  providing services may not be conducted in the administrative 
 48.22  process.  At county option, the administrative process may 
 48.23  include contempt motions or actions to establish parentage.  
 48.24  Nothing contained herein shall prevent a party, upon timely 
 48.25  notice to the public authority, from commencing an action or 
 48.26  bringing a motion for the establishment, modification, or 
 48.27  enforcement of child support or modification of maintenance 
 48.28  orders if combined with a child support proceeding in district 
 48.29  court, if additional issues involving domestic abuse, 
 48.30  establishment or modification of custody or visitation, property 
 48.31  issues, or other issues outside the jurisdiction of the 
 48.32  administrative process, are part of the motion or action, or 
 48.33  from proceeding with a motion or action brought by another party 
 48.34  containing one or more of these issues if it is pending in 
 48.35  district court. 
 48.36     (c) A party may make a written request to the public 
 49.1   authority to initiate an uncontested administrative proceeding.  
 49.2   If the public authority denies the request, the public authority 
 49.3   shall issue a summary notice which denies the request for 
 49.4   relief, states the reasons for the denial, and notifies the 
 49.5   party of the right to commence an action for relief.  If the 
 49.6   party commences an action or serves and files a motion within 30 
 49.7   days after the public authority's denial and the party's action 
 49.8   results in a modification of a child support order, the 
 49.9   modification may be retroactive to the date the written request 
 49.10  was received by the public authority. 
 49.11     As used in this section and section 518.5512, parties 
 49.12  includes obligees and obligors as defined under section 518.54, 
 49.13  subdivisions 7 and 8.  Obligees include recipients of public 
 49.14  assistance who have assigned their rights to support under 
 49.15  section 256.741, subdivision 1. 
 49.16     (d) After August 1, 1994, all counties shall participate in 
 49.17  the administrative process established in this section in 
 49.18  accordance with a statewide implementation plan to be set forth 
 49.19  by the commissioner of human services.  No county shall be 
 49.20  required to participate in the administrative process until 
 49.21  after the county has been trained.  The implementation plan 
 49.22  shall include provisions for training the counties by region no 
 49.23  later than July 1, 1995.  The public authority may initiate 
 49.24  actions in the administrative process.  
 49.25     (e) For the purpose of the administrative process, all 
 49.26  powers, duties, and responsibilities conferred on judges of 
 49.27  district court to obtain and enforce child and medical support 
 49.28  and parentage and maintenance obligations, subject to the 
 49.29  limitations of this section are conferred on administrative law 
 49.30  judges, including the power to issue subpoenas, orders to show 
 49.31  cause, and bench warrants for failure to appear. 
 49.32     The administrative law judge has the authority to enter 
 49.33  parentage orders in which the custody and visitation provisions 
 49.34  are uncontested. 
 49.35     (f) Nonattorney employees of the public authority 
 49.36  responsible for child support may prepare, sign, serve, and file 
 50.1   complaints, motions, notices, summary notices, proposed orders, 
 50.2   default orders, consent orders, orders for blood or genetic 
 50.3   tests, orders for nondisclosure, and other documents related to 
 50.4   the administrative process for obtaining, modifying, or 
 50.5   enforcing child and medical support orders, orders establishing 
 50.6   paternity, and related documents, and orders to modify 
 50.7   maintenance if combined with a child support order.  The 
 50.8   nonattorney employee may issue administrative subpoenas, conduct 
 50.9   prehearing conferences, and participate in proceedings before an 
 50.10  administrative law judge.  This activity shall not be considered 
 50.11  to be the unauthorized practice of law.  Nonattorney employees 
 50.12  may not represent the interests of any party other than the 
 50.13  public authority, and may not give legal advice.  The 
 50.14  nonattorney employees may act subject to the limitations of 
 50.15  section 518.5512. 
 50.16     (g) After the commencement of the administrative process, 
 50.17  any party may make a written request to the chief administrative 
 50.18  law judge for the attendance of a witness or the production of 
 50.19  books, papers, records, or other documents relevant to the 
 50.20  administrative process.  Subpoenas shall be enforceable through 
 50.21  the district court.  The public authority may also request a 
 50.22  subpoena from the chief administrative law judge for the 
 50.23  production of a witness.  The nonattorney employee of the public 
 50.24  authority may issue subpoenas subject to the limitations in 
 50.25  section 518.5512, subdivision 6, paragraph (a), clause (1).  
 50.26     (h) At all stages of the administrative process, the county 
 50.27  attorney, or other attorney under contract, shall act as the 
 50.28  legal adviser for the public authority, but shall not play an 
 50.29  active role in the review of information, the preparation of 
 50.30  default and consent orders, and the contested administrative 
 50.31  proceedings unless the nonattorney employee of the public 
 50.32  authority requests the appearance of the county attorney.  
 50.33     (i) The commissioner of human services shall:  
 50.34     (1) provide training to child support officers and other 
 50.35  persons involved in the administrative process; 
 50.36     (2) prepare simple and easy to understand forms for all 
 51.1   notices and orders prescribed in this section, including a 
 51.2   support order worksheet form, with the exception of orders 
 51.3   issued by the office of administrative hearings under 
 51.4   subdivision 4; and 
 51.5      (3) distribute money to cover the costs of the 
 51.6   administrative process, including the salaries of administrative 
 51.7   law judges.  If available appropriations are insufficient to 
 51.8   cover the costs, the commissioner shall prorate the amount among 
 51.9   the counties. 
 51.10     (j) The commissioner of human services, in consultation 
 51.11  with the office of administrative hearings, shall be responsible 
 51.12  for the supervision of the administrative process.  
 51.13     (k) The public authority, the office of administrative 
 51.14  hearings, court administrators, and other entities involved in 
 51.15  the administrative process shall use the forms prepared by the 
 51.16  commissioner.  
 51.17     (l) The office of administrative hearings may reject orders 
 51.18  which have not been prepared using the commissioner's forms or 
 51.19  on forms which have not been approved by the commissioner. 
 51.20     (m) The office of administrative hearings shall be 
 51.21  responsible for training and monitoring the performance of 
 51.22  administrative law judges, maintaining records of proceedings, 
 51.23  providing transcripts upon request, and maintaining the 
 51.24  integrity of the district court file.  
 51.25     Sec. 46.  Minnesota Statutes 1996, section 518.5511, 
 51.26  subdivision 2, is amended to read: 
 51.27     Subd. 2.  [UNCONTESTED ADMINISTRATIVE PROCEEDING.] (a) A 
 51.28  party may petition the chief administrative law judge, the chief 
 51.29  district court judge, or the chief family court referee to 
 51.30  proceed immediately to a contested hearing upon good cause shown.
 51.31     (b) The public authority shall give the parties written 
 51.32  notice requesting the submission of information necessary for 
 51.33  the public authority to prepare a proposed order.  The written 
 51.34  notice shall be sent by first class mail to the parties' last 
 51.35  known addresses.  The written notice shall describe the 
 51.36  information requested, state the purpose of the request, state 
 52.1   the date by which the information must be postmarked or received 
 52.2   (which shall be at least 30 days from the date of the mailing of 
 52.3   the written notice), state that if the information is not 
 52.4   postmarked or received by that date, the public authority will 
 52.5   prepare a proposed order on the basis of the information 
 52.6   available, and identify the type of information which will be 
 52.7   considered.  
 52.8      (c) Following the submission of information or following 
 52.9   the date when the information was due the initiation of the 
 52.10  administrative process under subdivision 1, paragraph (c) or 
 52.11  (d), the public authority shall, on the basis of all information 
 52.12  available, complete and sign a proposed order and notice.  The 
 52.13  public authority shall attach a support order worksheet.  In 
 52.14  preparing the proposed order, the public authority will 
 52.15  establish child support in the highest amount permitted under 
 52.16  section 518.551, subdivision 5.  The proposed order shall 
 52.17  include written findings in accordance with section 518.551, 
 52.18  subdivision 5, clauses (i) and (j).  If the public authority has 
 52.19  incomplete information upon which to prepare a proposed order, 
 52.20  the public authority shall use the default standard established 
 52.21  in section 518.5512, subdivision 5, to prepare the proposed 
 52.22  order.  The notice shall state that the proposed order will be 
 52.23  entered as a final and binding default order unless one of the 
 52.24  parties requests a conference under subdivision 3 contacts the 
 52.25  public authority regarding the proposed order within 21 30 days 
 52.26  following the date of service of the proposed order.  The method 
 52.27  for requesting the conference shall be stated in the notice.  
 52.28  The notice and proposed order shall be served under the rules of 
 52.29  civil procedure on the noninitiating party and by first class 
 52.30  mail on the initiating party.  If the action was initiated by 
 52.31  the public authority, the notice and proposed order shall be 
 52.32  served under the rules of civil procedure.  After receipt of the 
 52.33  notice and proposed order, the court administrator shall file 
 52.34  the documents. 
 52.35     For the purposes of the contested hearing administrative 
 52.36  process, and notwithstanding any law or rule to the contrary, 
 53.1   the service of the proposed order pursuant to under this 
 53.2   paragraph shall be deemed to have commenced a proceeding and the 
 53.3   judge, including an administrative law judge or a referee, shall 
 53.4   have jurisdiction over the a contested hearing administrative 
 53.5   proceeding.  
 53.6      (d) (b) If a conference under subdivision 3 is not 
 53.7   requested the public authority is not contacted by a party 
 53.8   within 21 30 days after the date of service of the proposed 
 53.9   order, the public authority may submit the proposed order as the 
 53.10  default order.  The default order becomes enforceable upon 
 53.11  signature by an administrative law judge, district court judge, 
 53.12  or referee.  The public authority may also prepare and serve a 
 53.13  new notice and proposed order if new information is subsequently 
 53.14  obtained.  The default order shall be a final order, and shall 
 53.15  be served under the rules of civil procedure. 
 53.16     (c) If the public authority obtains new information after 
 53.17  service of the proposed order, the public authority may prepare 
 53.18  one notice and revised proposed order.  The revised order shall 
 53.19  be served by first class mail on the parties.  If the public 
 53.20  authority is not contacted within seven days after the date of 
 53.21  service of the revised order, the public authority may submit 
 53.22  the revised order as a default order. 
 53.23     (e) (d) The public authority shall file in the district 
 53.24  court copies of all notices served on the parties, proof of 
 53.25  service, the support order worksheet, and all orders.  
 53.26     Sec. 47.  Minnesota Statutes 1996, section 518.5511, 
 53.27  subdivision 3, is amended to read: 
 53.28     Subd. 3.  [ADMINISTRATIVE CONFERENCE.] (a) If a party 
 53.29  requests a conference contacts the public authority within 21 30 
 53.30  days of the date of service of the proposed order, and the 
 53.31  public authority does not choose to proceed directly to a 
 53.32  contested administrative proceeding, the public authority shall 
 53.33  schedule a conference, and shall serve written notice of the 
 53.34  date, time, and place of the conference and the date, time, and 
 53.35  place of a contested administrative proceeding in the event the 
 53.36  administrative conference fails to resolve all of the issues on 
 54.1   the parties.  The public authority may request any additional 
 54.2   information necessary to establish child support.  The public 
 54.3   authority may choose to go directly to a contested 
 54.4   administrative proceeding and is not required to conduct an 
 54.5   administrative conference.  The date of the contested 
 54.6   administrative proceeding shall be set within 31 days of the 
 54.7   administrative conference or not more than 60 days from the date 
 54.8   of the notice of the administrative conference.  
 54.9      (b) The purpose of the conference is to review all 
 54.10  available information and seek an agreement to enter a consent 
 54.11  order.  All available and relevant information may be shared 
 54.12  with the parties at the conference.  The notice shall state the 
 54.13  purpose of the conference, and that the proposed order will be 
 54.14  entered as a final and binding default order if the requesting 
 54.15  party fails both parties fail to appear at the conference.  The 
 54.16  notice shall also state that if only one party appears at the 
 54.17  conference and there is no new information provided, the matter 
 54.18  shall proceed by default.  The notice shall be served on the 
 54.19  parties by first class mail at their last known addresses, and 
 54.20  the method of service shall be documented in the public 
 54.21  authority file. 
 54.22     (c) A party alleging domestic abuse by the other party 
 54.23  shall not be required to participate in a conference.  In such a 
 54.24  case, the public authority shall meet separately with the 
 54.25  parties in order to determine whether an agreement can be 
 54.26  reached. 
 54.27     (d) If both parties appear at the conference and agree to 
 54.28  all issues, and the public authority approves the agreement, the 
 54.29  public authority shall prepare a consent order which the parties 
 54.30  and the public authority sign.  The public authority shall 
 54.31  submit the consent order to the administrative law judge or 
 54.32  district court judge for signature.  Upon signature, the order 
 54.33  shall be a final order and shall be served on the parties by 
 54.34  first class mail.  
 54.35     (d) If the party requesting the conference does not appear 
 54.36  and fails to provide a written excuse (with supporting 
 55.1   documentation if relevant) to the public authority within seven 
 55.2   days after the date of the conference which constitutes good 
 55.3   cause (e) If a party does not appear at the conference, the 
 55.4   matter shall proceed directly to the contested administrative 
 55.5   proceeding which has been scheduled.  If both of the parties 
 55.6   fail to appear at the conference, the public authority may enter 
 55.7   submit a default order through the uncontested administrative 
 55.8   process.  The public authority shall not enter the default order 
 55.9   until at least seven days after the date of the conference.  
 55.10     For purposes of this section, misrepresentation, excusable 
 55.11  neglect, or circumstances beyond the control of the person who 
 55.12  requested the conference which prevented the person's appearance 
 55.13  at the conference constitutes good cause for failure to appear.  
 55.14  If the public authority finds good cause, the conference shall 
 55.15  be rescheduled by the public authority and the public authority 
 55.16  shall send notice as required under this subdivision.  The 
 55.17  public authority shall strike the contested administrative 
 55.18  proceeding from the court calendar and notify the parties in 
 55.19  writing. 
 55.20     (e) (f) If the parties appear at the conference, the public 
 55.21  authority shall seek and do not reach agreement of the parties 
 55.22  to the entry of a consent order which establishes child support 
 55.23  in accordance with applicable law., the public authority shall 
 55.24  advise the parties that if a consent order is not entered, the 
 55.25  matter will be remains scheduled for a hearing before an 
 55.26  administrative law judge, or a district court judge or 
 55.27  referee contested administrative proceeding, and that the public 
 55.28  authority will seek the establishment of child support at 
 55.29  the hearing proceeding in accordance with the highest amount 
 55.30  permitted under section sections 518.551, subdivision 5.  If an 
 55.31  agreement to enter the consent order is not reached at the 
 55.32  conference, the public authority shall schedule the matter for a 
 55.33  contested hearing, and 518.5512, subdivision 5. 
 55.34     (f) If an agreement is reached by the parties at the 
 55.35  conference, a consent order shall be prepared by the public 
 55.36  authority, and shall be signed by the parties.  All consent and 
 56.1   default orders shall be signed by the nonattorney employee of 
 56.2   the public authority and shall be submitted to an administrative 
 56.3   law judge or the district court for approval and signature.  The 
 56.4   order is enforceable upon the signature by the administrative 
 56.5   law judge or the district court.  The consent order shall be 
 56.6   served on the parties under the rules of civil procedure. 
 56.7      Sec. 48.  Minnesota Statutes 1996, section 518.5511, is 
 56.8   amended by adding a subdivision to read: 
 56.9      Subd. 3a.  [ALTERNATIVE ADMINISTRATIVE RESOLUTIONS.] (a)(1) 
 56.10  Any party may proceed immediately to a contested administrative 
 56.11  proceeding under subdivision 4 by making a written request to 
 56.12  the public authority.  The request must be on a form prepared by 
 56.13  the commissioner of human services. 
 56.14     (2) The public authority may also proceed directly to a 
 56.15  contested administrative proceeding.  
 56.16     (3) The public authority shall schedule the contested 
 56.17  administrative proceeding and give the parties a written notice 
 56.18  regarding the contested administrative proceeding.  The notice 
 56.19  shall be served according to the rules of civil procedure on the 
 56.20  parties and filed with the court.  After receipt of the notice 
 56.21  of the contested administrative proceeding, the court 
 56.22  administrator shall file the documents.  The notice shall 
 56.23  contain: 
 56.24     (i) the date, time, and place of the contested 
 56.25  administrative proceeding; 
 56.26     (ii) a description of the action proposed; 
 56.27     (iii) a statement of the issues to be determined; 
 56.28     (iv) notification of the right of the parties to be 
 56.29  represented by an attorney or by the parties; 
 56.30     (v) a citation to this section and section 518.5512; 
 56.31     (vi) a brief description of the procedure to be followed at 
 56.32  the contested administrative proceeding; 
 56.33     (vii) a statement advising the parties that certain 
 56.34  information, as determined by the public authority, must be 
 56.35  submitted and the date by which the information must be 
 56.36  postmarked or received by the court.  The requested information 
 57.1   must be filed with the court and served on the public authority 
 57.2   not less than 14 days prior to the contested administrative 
 57.3   proceeding; 
 57.4      (viii) a statement advising the parties that failure to 
 57.5   appear at the contested administrative proceeding may result in 
 57.6   the entry of a default order; and 
 57.7      (ix) a separate support order worksheet. 
 57.8      (b) At any time in the administrative process, including 
 57.9   prior to the issuance of the proposed order, if the parties and 
 57.10  the public authority are in agreement, the public authority 
 57.11  shall prepare a consent order to be signed by the public 
 57.12  authority and the parties.  The parties shall waive any of their 
 57.13  rights to the notices and time frames required by this section.  
 57.14  The public authority shall submit the order to the 
 57.15  administrative law judge or district court judge for signature.  
 57.16  Upon signature by the court, the order shall be a final order, 
 57.17  shall be filed with the court administrator, and shall be served 
 57.18  by first class mail on the parties. 
 57.19     Sec. 49.  Minnesota Statutes 1996, section 518.5511, 
 57.20  subdivision 4, is amended to read: 
 57.21     Subd. 4.  [CONTESTED ADMINISTRATIVE PROCEEDING.] (a) All 
 57.22  counties shall participate in the contested administrative 
 57.23  process established in this section as designated in a statewide 
 57.24  implementation plan to be set forth by the commissioner of human 
 57.25  services.  No county shall be required to participate in the 
 57.26  contested administrative process until after the county has been 
 57.27  trained.  The contested administrative process shall be in 
 57.28  operation in all counties no later than July 1, 1998, with the 
 57.29  exception of Hennepin county which shall have a pilot program in 
 57.30  operation no later than July 1, 1996.  
 57.31     The Hennepin county pilot program shall be jointly planned, 
 57.32  implemented, and evaluated by the department of human services, 
 57.33  the office of administrative hearings, the fourth judicial 
 57.34  district court, and Hennepin county.  The pilot program shall 
 57.35  provide that one-half of the case load use the contested 
 57.36  administrative process.  The pilot program shall include an 
 58.1   evaluation which shall be conducted after one year of program 
 58.2   operation.  A preliminary evaluation report shall be submitted 
 58.3   by the commissioner to the legislature by March 1, 1997.  A 
 58.4   final evaluation report shall be submitted by the commissioner 
 58.5   to the legislature by January 15, 1998.  The pilot program shall 
 58.6   continue pending final decision by the legislature, or until the 
 58.7   commissioner determines that the pilot program shall discontinue 
 58.8   and that Hennepin county shall not participate in the contested 
 58.9   administrative process. 
 58.10     In counties designated by the commissioner, contested 
 58.11  hearings administrative proceedings required under this section 
 58.12  shall be scheduled before administrative law judges, and shall 
 58.13  be conducted in accordance with the provisions under this 
 58.14  section.  In counties not designated by the commissioner, 
 58.15  contested hearings administrative proceedings shall be conducted 
 58.16  in district court in accordance with the rules of civil 
 58.17  procedure and the rules of family court.  The district court 
 58.18  shall not conduct administrative proceedings in counties 
 58.19  designated by the commissioner.  
 58.20     (b) An administrative law judge may conduct hearings 
 58.21  administrative proceedings and approve a stipulation reached on 
 58.22  a contempt motion brought by the public authority.  Any 
 58.23  stipulation that involves a finding of contempt and a jail 
 58.24  sentence, whether stayed or imposed, shall require the review 
 58.25  and signature of a district court judge. 
 58.26     (c) A party, witness, or attorney may appear or testify by 
 58.27  telephone, audiovisual means, or other electronic means, at the 
 58.28  discretion of the administrative law judge. 
 58.29     (d) Before implementing the process in a county, the chief 
 58.30  administrative law judge, the commissioner of human services, 
 58.31  the director of the county human services agency, the county 
 58.32  attorney, the county court administrator, and the county sheriff 
 58.33  shall jointly establish procedures, and the county shall provide 
 58.34  hearing facilities for implementing this process in the county.  
 58.35  A contested administrative hearing proceeding shall be conducted 
 58.36  in a courtroom, if one is available, or a conference or meeting 
 59.1   room with at least two exits and of sufficient size to permit 
 59.2   adequate physical separation of the parties.  The court 
 59.3   administrator shall, to the extent practical, provide 
 59.4   administrative support for the contested hearing administrative 
 59.5   proceeding.  Security personnel shall either be present during 
 59.6   the administrative hearings proceedings, or be available to 
 59.7   respond to a request for emergency assistance.  
 59.8      (e) The contested administrative hearings shall be 
 59.9   conducted under the rules of the office of administrative 
 59.10  hearings, Minnesota Rules, parts 1400.5275, 1400.5500, 1400.6000 
 59.11  to 1400.6400, 1400.6600 to 1400.7000, 1400.7100 to 1400.7500, 
 59.12  1400.7700, 1400.7800, and 1400.8100, as adopted by the chief 
 59.13  administrative law judge.  For matters not initiated under 
 59.14  subdivision 2, documents from the moving party shall be served 
 59.15  and filed at least 21 14 days prior to the hearing and the 
 59.16  opposing party shall serve and file documents raising new issues 
 59.17  at least ten days prior to the hearing.  In all contested 
 59.18  administrative proceedings, the administrative law judge may 
 59.19  limit the extent and timing of discovery.  Except as provided 
 59.20  under this section, other aspects of the case, including, but 
 59.21  not limited to, discovery, shall be conducted under the rules of 
 59.22  family court, the rules of civil procedure, and chapter 518.  
 59.23     (f) Pursuant According to a contested administrative 
 59.24  hearing, the administrative law judge shall make findings of 
 59.25  fact, conclusions, and a final decision and issue an order.  
 59.26  Orders issued by an administrative law judge may be enforceable 
 59.27  by the contempt powers of the district courts.  
 59.28     (g) At the time the matter is scheduled for a contested 
 59.29  hearing administrative proceeding, the public authority shall 
 59.30  file in the district court copies of all relevant documents sent 
 59.31  to or received from the parties, in addition to the any 
 59.32  documents filed under subdivision 2, paragraph (e) (d).  These 
 59.33  documents may be used as evidence by the judge in deciding the 
 59.34  case without need for further foundation testimony.  For matters 
 59.35  scheduled for a contested hearing administrative proceeding 
 59.36  which were not initiated under subdivision 2, the public 
 60.1   authority shall obtain any income information available to the 
 60.2   public authority through the department of economic security and 
 60.3   serve this information on all parties and file the information 
 60.4   with the court at least five days prior to the hearing. 
 60.5      (h) When only one party appears at the contested 
 60.6   administrative proceeding, a hearing shall be conducted.  The 
 60.7   administrative law judge or district court judge shall prepare 
 60.8   an order and file it with the district court.  The court shall 
 60.9   serve the order on the parties by first class mail at the last 
 60.10  known address and shall provide a copy of the order to the 
 60.11  public authority. 
 60.12     (i) If neither party appears at the contested 
 60.13  administrative proceeding and no new information has been 
 60.14  submitted or made available to the court or public authority, 
 60.15  the hearing shall be struck from the court calendar and a 
 60.16  default order shall be prepared by the public authority.  The 
 60.17  public authority shall submit the order to the administrative 
 60.18  law judge, district court judge, or referee for signature.  If 
 60.19  neither party appears and new information is available to the 
 60.20  court or public authority, the administrative law judge or 
 60.21  district court judge shall prepare an order based on the new 
 60.22  information.  The court shall serve the order on the parties by 
 60.23  first class mail at the last known address and shall provide a 
 60.24  copy of the order to the public authority. 
 60.25     (j) The decision and order of the administrative law judge 
 60.26  is appealable to the court of appeals in the same manner as a 
 60.27  decision of the district court.  
 60.28     Sec. 50.  Minnesota Statutes 1996, section 518.5512, 
 60.29  subdivision 2, is amended to read: 
 60.30     Subd. 2.  [PATERNITY.] (a) After service of the notice and 
 60.31  proposed order, a nonattorney employee of the public authority 
 60.32  may request an administrative law judge or the district court to 
 60.33  order the child, mother, or alleged father to submit to blood or 
 60.34  genetic tests.  The order is effective when signed by an 
 60.35  administrative law judge or the district court. Failure to 
 60.36  comply with the order for blood or genetic tests may result in a 
 61.1   default determination of parentage.  
 61.2      (b) If parentage is contested at the administrative hearing 
 61.3   proceeding, the administrative law judge may order temporary 
 61.4   child support under section 257.62, subdivision 5, and shall 
 61.5   refer the case to the district court.  The district court shall 
 61.6   have the authority to decide the case based on the 
 61.7   administrative process documents and shall not require the 
 61.8   issuance of any alternate pleadings. 
 61.9      (c) The district court may appoint counsel for an indigent 
 61.10  alleged father only after the return of the blood or genetic 
 61.11  test results from the testing laboratory. 
 61.12     Sec. 51.  Minnesota Statutes 1996, section 518.5512, 
 61.13  subdivision 3, is amended to read: 
 61.14     Subd. 3.  [COST-OF-LIVING ADJUSTMENT.] The notice of 
 61.15  application for adjustment shall be treated as a proposed order 
 61.16  under section 518.5511, subdivision 2, paragraph (c).  The 
 61.17  public authority shall stay the adjustment of support upon 
 61.18  receipt of a request for an administrative conference to proceed 
 61.19  immediately to a contested administrative proceeding under 
 61.20  section 518.5511, subdivision 3a.  An obligor requesting an 
 61.21  administrative conference to proceed immediately to a contested 
 61.22  administrative proceeding shall provide all relevant information 
 61.23  that establishes an insufficient increase in income to justify 
 61.24  the adjustment of the support obligation.  If the obligor fails 
 61.25  to submit any evidence at the contested administrative 
 61.26  conference proceeding, the cost-of-living adjustment will 
 61.27  immediately go into effect. 
 61.28     Sec. 52.  Minnesota Statutes 1996, section 518.5512, is 
 61.29  amended by adding a subdivision to read: 
 61.30     Subd. 5.  [DEFAULT STANDARD.] (a) If it is not possible to 
 61.31  determine or estimate the earning ability of an obligor and the 
 61.32  obligor has failed to provide information to the court and 
 61.33  public authority, then: 
 61.34     (1) child support shall be calculated based on 40 hours per 
 61.35  week at 200 percent of the federal minimum wage; and 
 61.36     (2) any child care contribution shall be calculated based 
 62.1   on the obligor's proportionate share of the child care expenses 
 62.2   using 40 hours per week at 200 percent of the federal minimum 
 62.3   wage as the income of the obligor. 
 62.4      (b) If it is known that the obligor has employer-related 
 62.5   insurance available, then health insurance shall be ordered to 
 62.6   be provided by the obligor and the obligor shall be ordered to 
 62.7   pay 50 percent of the uninsured expenses.  If it is unknown 
 62.8   whether there is employer-related insurance or if there is no 
 62.9   employer-related insurance, the obligor shall be ordered to 
 62.10  provide dependent care only insurance.  If the obligee has 
 62.11  better health insurance available, the obligor shall be ordered 
 62.12  to pay 50 percent of the obligee's health insurance premium and 
 62.13  50 percent of the uninsured expenses. 
 62.14     (c) The following expenses shall be reserved if it is not 
 62.15  possible to calculate the obligor's contribution toward 
 62.16  unreimbursed public assistance, support arrearages, and 
 62.17  pregnancy and confinement expenses. 
 62.18     Sec. 53.  Minnesota Statutes 1996, section 518.5512, is 
 62.19  amended by adding a subdivision to read: 
 62.20     Subd. 6.  [ADMINISTRATIVE AUTHORITY.] (a) In each case in 
 62.21  which support rights are assigned under section 256.741, 
 62.22  subdivision 1, or where the public authority is providing 
 62.23  services under an application for child support services, a 
 62.24  nonattorney employee of the public authority may, without 
 62.25  requirement of a court order: 
 62.26     (1) recognize and enforce orders of child support agencies 
 62.27  of other states; 
 62.28     (2) compel by subpoena the production of all papers, books, 
 62.29  records, documents, or other evidentiary material needed to 
 62.30  establish a parentage or child support order or to modify or 
 62.31  enforce a child support order; 
 62.32     (3) change the payee to the appropriate person, 
 62.33  organization, or agency authorized to receive or collect child 
 62.34  support or any other person or agency designated as the 
 62.35  caretaker of the child by agreement of the legal custodian; 
 62.36     (4) order income withholding of child support under section 
 63.1   518.611; 
 63.2      (5) secure assets to satisfy the debt or arrearage in cases 
 63.3   in which there is a support debt or arrearage by:  (i) 
 63.4   intercepting or seizing periodic or lump sum payments from state 
 63.5   or local agencies, including reemployment insurance, workers' 
 63.6   compensation payments, judgments, settlements, and lotteries; 
 63.7   (ii) attaching and seizing assets of the obligor held in 
 63.8   financial institutions or public or private retirement funds; 
 63.9   and (iii) imposing liens and, in appropriate cases, forcing the 
 63.10  sale of property and the distribution of proceeds; and 
 63.11     (6) increase the amount of the monthly support payments to 
 63.12  include amounts for debts or arrearages for the purpose of 
 63.13  securing overdue support.  
 63.14     (b) Subpoenas may be served anywhere within the state and 
 63.15  served outside the state in the same manner as prescribed by law 
 63.16  for service of process of subpoenas issued by the district court 
 63.17  of this state.  When a subpoena under this subdivision is served 
 63.18  on a third-party recordkeeper, written notice of the subpoena 
 63.19  shall be mailed to the person who is the subject of the 
 63.20  subpoenaed material at the person's last known address within 
 63.21  three days of the day the subpoena is served.  This notice 
 63.22  provision does not apply if there is reasonable cause to believe 
 63.23  the giving of the notice may lead to interference with the 
 63.24  production of the subpoenaed documents. 
 63.25     (c) A person served with a subpoena may make a written 
 63.26  objection to the public authority before the time specified in 
 63.27  the subpoena for compliance.  The public authority shall cancel 
 63.28  or modify the subpoena, if appropriate.  The public authority 
 63.29  shall pay the reasonable costs of producing the documents, if 
 63.30  requested. 
 63.31     (d) Subpoenas shall be enforceable in the same manner as 
 63.32  subpoenas of the district court, in proceedings initiated by 
 63.33  complaint of the public authority in the district court. 
 63.34     Sec. 54.  Minnesota Statutes 1996, section 518.611, is 
 63.35  amended by adding a subdivision to read: 
 63.36     Subd. 1a.  [APPLICATION.] (a) As required by federal law, 
 64.1   this section applies to all support and maintenance obligations 
 64.2   that are initially ordered or modified and are being enforced by 
 64.3   the public authority. 
 64.4      (b) Effective January 1, 1994, this section applies to all 
 64.5   other support and maintenance orders issued by the court. 
 64.6      Sec. 55.  Minnesota Statutes 1996, section 518.611, is 
 64.7   amended by adding a subdivision to read: 
 64.8      Subd. 1b.  [ORDER.] Whenever a support order as defined in 
 64.9   section 518.54, subdivision 4, is initially determined and 
 64.10  ordered or modified by a judicial or administrative court, the 
 64.11  public authority responsible for child support enforcement must 
 64.12  withhold the support from the income of the obligor and forward 
 64.13  it to the public authority.  This section applies regardless of 
 64.14  the source of income of the person obligated to pay the support 
 64.15  or maintenance. 
 64.16     Sec. 56.  Minnesota Statutes 1996, section 518.611, is 
 64.17  amended by adding a subdivision to read: 
 64.18     Subd. 1c.  [INCOME WITHHOLDING NOTICE.] (a) Every income 
 64.19  withholding notice for support and maintenance must be a 
 64.20  separate document and shall contain: 
 64.21     (1) the obligor's social security number and date of birth; 
 64.22     (2) the name and address of the obligor's employer or other 
 64.23  payor of funds; 
 64.24     (3) provisions requiring the obligor to keep the public 
 64.25  authority informed of the name and address of the obligor's 
 64.26  current employer; and 
 64.27     (4) provisions requiring the obligor to keep the public 
 64.28  authority informed as to whether the obligor has access to 
 64.29  employer-related health insurance coverage and the health 
 64.30  insurance policy information, if applicable. 
 64.31     (b) Upon entry of the order for support or maintenance, the 
 64.32  court shall provide a copy of the withholding order to the 
 64.33  public authority responsible for child support enforcement.  The 
 64.34  withholding order may not be released to the obligee without the 
 64.35  express written consent of the obligor. 
 64.36     Sec. 57.  Minnesota Statutes 1996, section 518.611, is 
 65.1   amended by adding a subdivision to read: 
 65.2      Subd. 1d.  [NOTICE OF SERVICES.] The commissioner of human 
 65.3   services shall prepare and make available to the courts a form 
 65.4   notice that explains child support and maintenance collection 
 65.5   services available through the public authority responsible for 
 65.6   child support enforcement, including income withholding.  Upon 
 65.7   receiving a petition for dissolution of marriage or legal 
 65.8   separation, the court administrator shall promptly send the form 
 65.9   notice to the petitioner and respondent at the addresses stated 
 65.10  in the petition 
 65.11     Sec. 58.  Minnesota Statutes 1996, section 518.611, is 
 65.12  amended by adding a subdivision to read: 
 65.13     Subd. 1e.  [COLLECTION SERVICES.] (a) Upon receipt of an 
 65.14  income withholding order, the petitioner or respondent, if not a 
 65.15  recipient of public assistance or receiving services, shall 
 65.16  apply either for full child support collection services through 
 65.17  the public authority or for income withholding only services.  
 65.18     (b) For those persons applying for income withholding only 
 65.19  services, a monthly service fee of $15 must be charged to the 
 65.20  obligor.  This fee is in addition to the amount of support or 
 65.21  maintenance ordered by the court and must be withheld through 
 65.22  income withholding.  The public authority shall explain the 
 65.23  service options in this subdivision to the affected parties and 
 65.24  encourage the applicant to apply for full child support 
 65.25  collection services.  The service fee under section 518.551, 
 65.26  subdivision 7, applies to all nonpublic assistance applicants 
 65.27  who apply for full collection child support services and to all 
 65.28  applicants who apply for income withholding only services. 
 65.29     Sec. 59.  Minnesota Statutes 1996, section 518.611, 
 65.30  subdivision 2, is amended to read: 
 65.31     Subd. 2.  [CONDITIONS OF INCOME WITHHOLDING.] (a) This 
 65.32  subdivision and subdivision 3 shall only apply to orders for 
 65.33  support or maintenance issued prior to January 1, 1994, and for 
 65.34  which the court did not order income withholding.  Withholding 
 65.35  shall result when:  
 65.36     (1) the obligor requests it in writing to the public 
 66.1   authority; 
 66.2      (2) the custodial parent obligee requests it by making a 
 66.3   motion to the court and the court finds that previous support 
 66.4   has not been paid on a timely or consistent basis or that the 
 66.5   obligor has threatened expressly or otherwise to stop or reduce 
 66.6   payments; or 
 66.7      (3) the obligor fails to make the maintenance or support 
 66.8   payments, and the following conditions are met:  
 66.9      (i) the obligor is at least 30 days in arrears;. 
 66.10     (ii) the obligee or the public authority serves written 
 66.11  notice of income withholding, showing arrearage, on the obligor 
 66.12  at least 15 days before service of the notice of income 
 66.13  withholding and a copy of the court's order on the payor of 
 66.14  funds; 
 66.15     (iii) within the 15-day period, the obligor fails to move 
 66.16  the court to deny withholding on the grounds that an arrearage 
 66.17  of at least 30 days does not exist as of the date of the notice 
 66.18  of income withholding, or on other grounds limited to mistakes 
 66.19  of fact, and, ex parte, to stay service on the payor of funds 
 66.20  until the motion to deny withholding is heard; 
 66.21     (iv) the obligee or the public authority sends the payor of 
 66.22  funds a notice of the withholding requirements and the 
 66.23  provisions of this section; and 
 66.24     (v) the obligee serves on the public authority a copy of 
 66.25  the notice of income withholding, a copy of the court's order, 
 66.26  an application, and the fee to use the public authority's 
 66.27  collection services.  
 66.28  For those persons not applying for the public authority's IV-D 
 66.29  services, a monthly service fee of $15 must be charged to the 
 66.30  obligor in addition to the amount of child support ordered by 
 66.31  the court and withheld through automatic income withholding, or 
 66.32  for persons applying for the public authority's IV-D services, 
 66.33  the service fee under section 518.551, subdivision 7, applies.  
 66.34  The county agency shall explain to affected persons the services 
 66.35  available and encourage the applicant to apply for IV-D services.
 66.36     (b) The employer or payor of funds shall withhold from the 
 67.1   obligor's income an additional amount equal to 20 percent of the 
 67.2   monthly child support or maintenance obligation until the 
 67.3   arrearage is paid.  
 67.4      (c) In cases where child support or maintenance is not 
 67.5   assigned under section 256.74, if an obligor has overpaid a 
 67.6   child support or maintenance obligation because of a 
 67.7   modification of or error in the amount owed, the public 
 67.8   authority shall: 
 67.9      (1) apply the amount of the overpayment to reduce the 
 67.10  amount of any child support or maintenance related arrearages or 
 67.11  debts owed to the obligee; and 
 67.12     (2) if an overpayment amount remains after the reduction of 
 67.13  any arrearage or debt, reduce the amount of the child support 
 67.14  remitted to the obligee by an amount equal to no more than 20 
 67.15  percent of the current monthly support or maintenance obligation 
 67.16  and remit this amount to the obligor until the overpayment is 
 67.17  reduced to zero. 
 67.18     (d) The obligor may move the court, under section 518.64, 
 67.19  to modify the order respecting the amount of maintenance or 
 67.20  support. 
 67.21     (e) Every order for support or maintenance shall provide 
 67.22  for a conspicuous notice of the provisions of this subdivision 
 67.23  that complies with section 518.68, subdivision 2.  An order 
 67.24  without this notice remains subject to this subdivision. 
 67.25     (f) Absent a court order to the contrary, if an arrearage 
 67.26  exists at the time an order for ongoing support or maintenance 
 67.27  would otherwise terminate, income withholding shall continue in 
 67.28  effect in an amount equal to the former support or maintenance 
 67.29  obligation plus an additional amount equal to 20 percent of the 
 67.30  monthly child support obligation, until all arrears have been 
 67.31  paid in full. 
 67.32     Sec. 60.  Minnesota Statutes 1996, section 518.611, is 
 67.33  amended by adding a subdivision to read: 
 67.34     Subd. 2b.  [INCOME WITHHOLDING.] The income withholding 
 67.35  shall take effect without prior judicial notice to the obligor 
 67.36  and without the need for judicial or administrative hearing.  
 68.1   For the purpose of subdivision 2, after the public authority 
 68.2   commences the withholding, the public authority shall notify the 
 68.3   obligor that the withholding has commenced.  The notice shall 
 68.4   include the information provided to the employer in the income 
 68.5   withholding order.  
 68.6      Sec. 61.  Minnesota Statutes 1996, section 518.611, is 
 68.7   amended by adding a subdivision to read: 
 68.8      Subd. 2c.  [CONTEST.] The obligor may contest the 
 68.9   withholding commenced under subdivisions 2 and 2b on the limited 
 68.10  grounds that the withholding or the amount withheld is improper 
 68.11  due to mistake of fact.  If the obligor chooses to contest the 
 68.12  withholding, the obligor must do so no later than 15 days after 
 68.13  receipt of the notice by doing all of the following: 
 68.14     (1) filing a motion with the court contesting the 
 68.15  withholding, including in the motion the mistakes of fact that 
 68.16  occurred; 
 68.17     (2) serving a copy of the motion on the public authority 
 68.18  and the obligee; and 
 68.19     (3) securing a date for hearing of the motion contesting 
 68.20  the withholding no later than 45 days after receiving notice 
 68.21  that withholding commenced. 
 68.22     Sec. 62.  Minnesota Statutes 1996, section 518.611, 
 68.23  subdivision 3, is amended to read: 
 68.24     Subd. 3.  [WITHHOLDING HEARING.] Within 45 days from the 
 68.25  date of the notice given under subdivision 2, the court shall 
 68.26  hold the hearing on the motion under subdivision 2 and notify 
 68.27  the parties of its decision.  At the hearing to deny 
 68.28  withholding, if the court finds that there was no mistake of 
 68.29  fact, the court shall order income withholding to begin no later 
 68.30  than the first pay period that occurs after 14 days following 
 68.31  the date of the hearing.  If the court finds that an arrearage 
 68.32  of at least 30 days existed as of the date of the notice of 
 68.33  income withholding, but finds a mistake in the amount of 
 68.34  arrearage, the court shall order continue the income 
 68.35  withholding, but it shall correct the amount of arrearage to be 
 68.36  withheld under subdivision 2, paragraph (b). 
 69.1      Sec. 63.  Minnesota Statutes 1996, section 518.611, 
 69.2   subdivision 4, is amended to read: 
 69.3      Subd. 4.  [EFFECT OF ORDER.] (a) Notwithstanding any law to 
 69.4   the contrary, the order or notice is binding on the employer, 
 69.5   trustee, payor of the funds, or financial institution when 
 69.6   service under subdivision 2 has been made. 
 69.7      Withholding must begin no later than the first pay period 
 69.8   that occurs after 14 days following the date of the notice.  In 
 69.9   the case of a financial institution, preauthorized transfers 
 69.10  must occur in accordance with a court-ordered payment schedule.  
 69.11  An employer, payor of funds, or financial institution in this 
 69.12  state is required to withhold income according to court orders 
 69.13  for withholding issued by other states or territories. 
 69.14     The payor shall withhold from the income payable to the 
 69.15  obligor the amount specified in the order and amounts required 
 69.16  under subdivision 2 and section 518.613 and shall remit, within 
 69.17  ten seven business days of the date the obligor is paid the 
 69.18  remainder of the income, the amounts withheld to the public 
 69.19  authority.  The payor shall identify on the remittance 
 69.20  information the obligor's social security number, the case 
 69.21  identifier, and the date the obligor is paid the remainder of 
 69.22  the income.  The obligor is considered to have paid the amount 
 69.23  withheld as of the date the obligor received the remainder of 
 69.24  the income.  The financial institution shall execute 
 69.25  preauthorized transfers from the deposit accounts of the obligor 
 69.26  in the amount specified in the order and amounts required under 
 69.27  subdivision 2 as directed by the public authority responsible 
 69.28  for child support enforcement.  
 69.29     (b) Employers may combine all amounts withheld from one pay 
 69.30  period into one payment to each public authority, but shall 
 69.31  separately identify each obligor making payment.  Amounts 
 69.32  received by the public authority which are in excess of public 
 69.33  assistance expended for the party or for a child shall be 
 69.34  remitted to the party.  
 69.35     (c) An employer shall not discharge, or refuse to hire, or 
 69.36  otherwise discipline an employee as a result of a wage or salary 
 70.1   withholding authorized by this section.  The employer or other 
 70.2   payor of funds shall be liable to the obligee for any amounts 
 70.3   required to be withheld.  A financial institution is liable to 
 70.4   the obligee if funds in any of the obligor's deposit accounts 
 70.5   identified in the court order equal the amount stated in the 
 70.6   preauthorization agreement but are not transferred by the 
 70.7   financial institution in accordance with the agreement.  An 
 70.8   employer or other payor of funds that fails to withhold or 
 70.9   transfer funds in accordance with this section is also liable to 
 70.10  the obligee for interest on the funds at the rate applicable to 
 70.11  judgments under section 549.09, computed from the date the funds 
 70.12  were required to be withheld or transferred.  An employer or 
 70.13  other payor of funds is liable for reasonable attorney fees of 
 70.14  the obligee or public authority incurred in enforcing the 
 70.15  liability under this paragraph.  An employer or other payor of 
 70.16  funds that has failed to comply with the requirements of this 
 70.17  section is subject to contempt sanctions under section 518.615.  
 70.18  If an employer violates this subdivision, a court may award the 
 70.19  employee twice the wages lost as a result of this violation.  If 
 70.20  a court finds the employer violates this subdivision, the court 
 70.21  shall impose a civil fine of not less than $500. 
 70.22     (d) An employer receiving an income withholding notice from 
 70.23  another state shall withhold and distribute the funds as 
 70.24  directed in the withholding notice and shall apply the law of 
 70.25  the obligor's principal place of employment when determining: 
 70.26     (1) the employer's fee for processing an income withholding 
 70.27  notice; 
 70.28     (2) the maximum amount permitted to be withheld from the 
 70.29  obligor's income; and 
 70.30     (3) the times within which the employer must implement the 
 70.31  withholding order and forward the child support payment.  
 70.32     (e) As used in this section, "business day" means a day on 
 70.33  which state offices are open for regular business. 
 70.34     Sec. 64.  Minnesota Statutes 1996, section 518.611, 
 70.35  subdivision 5, is amended to read: 
 70.36     Subd. 5.  [ARREARAGE ORDER.] Nothing in this section shall 
 71.1   prevent the court or public authority from ordering the payor of 
 71.2   funds to withhold amounts to satisfy the obligor's previous 
 71.3   arrearage in child support or maintenance payments, the 
 71.4   obligor's liability for reimbursement of child support or of 
 71.5   public assistance pursuant to under sections 256.87 256.741, 
 71.6   subdivision 8, and 257.66, for pregnancy and confinement 
 71.7   expenses and for blood test costs, and any service fees that may 
 71.8   be imposed under section 518.551.  This remedy shall not operate 
 71.9   to exclude availability of other remedies to enforce judgments. 
 71.10     Sec. 65.  Minnesota Statutes 1996, section 518.611, 
 71.11  subdivision 6, is amended to read: 
 71.12     Subd. 6.  [PRIORITY.] (a) An order for withholding under 
 71.13  this section or execution or garnishment upon a judgment for 
 71.14  child support arrearages or preadjudicated expenses shall have 
 71.15  priority over an attachment, execution, garnishment, or wage 
 71.16  assignment and shall not be subject to the statutory limitations 
 71.17  on amounts levied against the income of the obligor.  Amounts 
 71.18  withheld from an employee's income must not exceed the maximum 
 71.19  permitted under the Consumer Credit Protection Act, United 
 71.20  States Code, title 15, section 1673(b)(2). 
 71.21     (b) If a single employee is subject to multiple withholding 
 71.22  orders for the support of more than one child, the payor of 
 71.23  funds shall comply with all of the orders to the extent that the 
 71.24  total amount withheld from the payor's income does not exceed 
 71.25  the limits imposed under the Consumer Credit Protection Act, 
 71.26  giving priority to amounts designated in each order as current 
 71.27  support as follows: 
 71.28     (1) if the total of the amounts designated in the orders as 
 71.29  current support exceeds the amount available for income 
 71.30  withholding, the payor of funds shall allocate to each order an 
 71.31  amount for current support equal to the amount designated in 
 71.32  that order as current support, divided by the total of the 
 71.33  amounts designated in the orders as current support, multiplied 
 71.34  by the amount of the income available for income withholding; 
 71.35  and 
 71.36     (2) if the total of the amounts designated in the orders as 
 72.1   current support does not exceed the amount available for income 
 72.2   withholding, the payor of funds shall pay the amounts designated 
 72.3   as current support, and shall allocate to each order an amount 
 72.4   for past due support equal to the amount designated in that 
 72.5   order as past due support, divided by the total of the amounts 
 72.6   designated in the orders as past due support, multiplied by the 
 72.7   amount of income remaining available for income withholding 
 72.8   after the payment of current support. 
 72.9      (c) If more than one order exists involving the same 
 72.10  obligor and child, the public authority shall enforce the most 
 72.11  current order.  Income withholding that has been implemented 
 72.12  under a previous order pursuant according to this section or 
 72.13  section 518.613 shall be terminated as of the date of the most 
 72.14  current order.  The public authority shall notify the payor of 
 72.15  funds to withhold under the most current withholding order. 
 72.16     (d) Notwithstanding any law to the contrary, funds from 
 72.17  income sources included in section 518.54, subdivision 6, 
 72.18  whether periodic or lump sum, are not exempt from attachment or 
 72.19  execution upon a judgment for child support arrearages. 
 72.20     Sec. 66.  Minnesota Statutes 1996, section 518.611, 
 72.21  subdivision 10, is amended to read: 
 72.22     Subd. 10.  [ORDER TERMINATING INCOME WITHHOLDING.] (a) 
 72.23  Whenever an obligation for support of a child or maintenance of 
 72.24  a spouse, or both, terminates under the terms of the order or 
 72.25  decree establishing the obligation, and where the obligation is 
 72.26  enforced by an order for income withholding from the obligor, 
 72.27  the court shall enter an order, directed to the obligor's 
 72.28  employer or other payer of funds, which terminates the income 
 72.29  withholding.  The order terminating income withholding must 
 72.30  specify the effective date of the order, referencing the initial 
 72.31  order or decree establishing the support obligation. 
 72.32     The order must be entered once the following conditions 
 72.33  have been met: 
 72.34     (1) the obligor serves written notice of the application 
 72.35  for termination of income withholding by mail upon the obligee 
 72.36  at the obligee's last known mailing address; and a duplicate 
 73.1   copy of the application is served upon the public authority 
 73.2   responsible for the processing of support collection services; 
 73.3      (2) the application for termination of income withholding 
 73.4   specifies the event that terminates the support obligation, the 
 73.5   effective date of the termination of the support obligation, and 
 73.6   the applicable provisions of the order or decree that 
 73.7   established the support obligation; 
 73.8      (3) the application includes the complete name of the 
 73.9   obligor's employer or other payer of funds, the business mailing 
 73.10  address, the court action and court file number, and the support 
 73.11  and collections file number, if known; and 
 73.12     (4) after receipt of the application for termination of 
 73.13  income withholding, the obligee or the public authority fails 
 73.14  within 20 days to request a hearing on the issue of whether 
 73.15  income withholding of support should continue clearly specifying 
 73.16  the basis for the continued support obligation and, ex parte, to 
 73.17  stay the service of the order terminating income withholding 
 73.18  upon the obligor's employer or other payer of funds, pending the 
 73.19  outcome of the hearing. 
 73.20     (b) If, after conferring with the obligee and obligor, the 
 73.21  public authority determines that the support obligation has 
 73.22  terminated under the terms of the order or decree establishing 
 73.23  the obligation income withholding is no longer applicable, the 
 73.24  public authority shall notify the obligee and obligor of intent 
 73.25  to terminate income withholding.  Five days following this 
 73.26  notice, the public authority shall issue a notice to the payor 
 73.27  of funds terminating income withholding, without a requirement 
 73.28  for a court order terminating income withholding, unless a 
 73.29  hearing has been requested under paragraph (a). 
 73.30     Sec. 67.  Minnesota Statutes 1996, section 518.611, 
 73.31  subdivision 12, is amended to read: 
 73.32     Subd. 12.  [INTERSTATE INCOME WITHHOLDING.] Upon receipt of 
 73.33  an order for support entered in another state, with the 
 73.34  specified documentation from an authorized agency, the public 
 73.35  authority shall implement income withholding under subdivision 
 73.36  2.  If the obligor requests a hearing under subdivision 3 to 
 74.1   contest withholding, the court administrator shall enter the 
 74.2   order.  Entry of the order shall not confer jurisdiction on the 
 74.3   courts or administrative agencies of this state for any purpose 
 74.4   other than contesting implementation of income withholding The 
 74.5   obligor may contest the withholding under this section. 
 74.6      Sec. 68.  Minnesota Statutes 1996, section 518.611, is 
 74.7   amended by adding a subdivision to read: 
 74.8      Subd. 13.  [NOTIFICATION OF TERMINATION OF 
 74.9   EMPLOYMENT.] When a withholding order is in effect and the 
 74.10  obligor's employment is terminated, the obligor and the 
 74.11  obligor's employer or the payor of funds shall notify the public 
 74.12  agency responsible for child support enforcement of the 
 74.13  termination within ten days of the termination date.  The notice 
 74.14  shall include the obligor's home address and the name and 
 74.15  address of the obligor's new employer or payor of funds, if 
 74.16  known.  Information disclosed under this section shall not be 
 74.17  divulged except to the extent necessary for the administration 
 74.18  of the child support enforcement program or as authorized by law.
 74.19     Sec. 69.  Minnesota Statutes 1996, section 518.611, is 
 74.20  amended by adding a subdivision to read: 
 74.21     Subd. 14.  [NONLIABILITY OF EMPLOYER.] An employer who 
 74.22  complies with an income withholding order under this chapter or 
 74.23  chapter 518C, that appears valid, shall not be subject to civil 
 74.24  liability to any individual or agency for taking action in 
 74.25  compliance with the order. 
 74.26     Sec. 70.  Minnesota Statutes 1996, section 518.611, is 
 74.27  amended by adding a subdivision to read: 
 74.28     Subd. 15.  [ELECTRONIC TRANSMISSION.] Orders under this 
 74.29  section or notices of income withholding may be transmitted for 
 74.30  enforcement purposes by electronic means. 
 74.31     Sec. 71.  Minnesota Statutes 1996, section 518.611, is 
 74.32  amended by adding a subdivision to read: 
 74.33     Subd. 16.  [WAIVER.] (a) The court may waive the 
 74.34  requirements of this section only if the court finds there is no 
 74.35  arrearage in child support and maintenance as of the date of the 
 74.36  hearing and:  
 75.1      (1) one party demonstrates and the court finds there is 
 75.2   good cause to waive the requirements of this section or to 
 75.3   terminate income withholding on an order previously entered 
 75.4   under this section; or 
 75.5      (2) all parties reach an agreement and the agreement is 
 75.6   approved by the court after a finding that the agreement is 
 75.7   likely to result in regular and timely payments.  
 75.8      The court's findings waiving the requirements under clauses 
 75.9   (1) and (2) must include a written explanation of the reasons 
 75.10  why income withholding would not be in the best interests of the 
 75.11  child. 
 75.12     (b) In addition to the other requirements in this 
 75.13  subdivision, if the case involves a modification of support, the 
 75.14  court must make a finding that support has been timely made. 
 75.15     (c) If the court waives the requirements of this section, 
 75.16  the obligee may at any time and without cause request the court 
 75.17  or the public authority to issue an order for income withholding 
 75.18  under this section. 
 75.19     (d) If the public authority does not have an open file on 
 75.20  the parties, either party must apply for services.  Upon receipt 
 75.21  of the request, the public authority shall serve a copy of the 
 75.22  court's order according to this section on the obligor's 
 75.23  employer or other payor of funds.  The public authority shall 
 75.24  notify the court that withholding has begun at the request of 
 75.25  the obligor under this section. 
 75.26     Sec. 72.  Minnesota Statutes 1996, section 518.616, is 
 75.27  amended by adding a subdivision to read: 
 75.28     Subd. 1a.  [COURT ORDERS FOR CHILDREN RECEIVING PUBLIC 
 75.29  ASSISTANCE.] For any order enforced by the public authority for 
 75.30  children receiving assistance under any of the programs referred 
 75.31  to in section 256.741, subdivision 8, the public authority may 
 75.32  seek a court order requiring the obligor to participate in work 
 75.33  activities if the obligor is in arrears in child support.  Work 
 75.34  activities include the following: 
 75.35     (1) unsubsidized employment; 
 75.36     (2) subsidized private sector employment; 
 76.1      (3) subsidized public sector employment or work experience 
 76.2   only if sufficient private sector employment is unavailable; 
 76.3      (4) on-the-job training; 
 76.4      (5) job search and job readiness; 
 76.5      (6) education directly related to employment, in the case 
 76.6   of an obligor who: 
 76.7      (i) has not attained 20 years of age; and 
 76.8      (ii) has not received a high school diploma or certificate 
 76.9   of high school equivalency; 
 76.10     (7) job skills training directly related to employment; and 
 76.11     (8) satisfactory attendance at a secondary school in the 
 76.12  case of an obligor who: 
 76.13     (i) has not completed secondary school; and 
 76.14     (ii) is a dependent child, or a head of a household and who 
 76.15  has not attained 20 years of age; and 
 76.16     (9) vocational educational training, not to exceed 12 
 76.17  months with respect to any individual. 
 76.18     Sec. 73.  [518.618] [COLLECTION; ARREARS ONLY.] 
 76.19     (a) Remedies available for the collection and enforcement 
 76.20  of support in this chapter and chapters 256, 257, and 518C also 
 76.21  apply to cases in which the child or children for whom support 
 76.22  is owed are emancipated and the obligor owes past support or has 
 76.23  an accumulated arrearage as of the date of the youngest child's 
 76.24  emancipation.  Child support arrearages under this section 
 76.25  include arrearages for child support, medical support, child 
 76.26  care, pregnancy and birth expenses, and unreimbursed medical 
 76.27  expenses as defined in section 518.171. 
 76.28     (b) This section applies retroactively to any support 
 76.29  arrearage that accrued on or before the date of enactment and to 
 76.30  all arrearages accruing after the date of enactment. 
 76.31     Sec. 74.  Minnesota Statutes 1996, section 518.64, 
 76.32  subdivision 2, is amended to read: 
 76.33     Subd. 2.  [MODIFICATION.] (a) The terms of an order 
 76.34  respecting maintenance or support may be modified upon a showing 
 76.35  of one or more of the following:  (1) substantially increased or 
 76.36  decreased earnings of a party; (2) substantially increased or 
 77.1   decreased need of a party or the child or children that are the 
 77.2   subject of these proceedings; (3) receipt of assistance under 
 77.3   sections 256.72 to 256.87 or 256B.01 to 256B.40; (4) a change in 
 77.4   the cost of living for either party as measured by the federal 
 77.5   bureau of statistics, any of which makes the terms unreasonable 
 77.6   and unfair; (5) extraordinary medical expenses of the child not 
 77.7   provided for under section 518.171; or (6) the addition of 
 77.8   work-related or education-related child care expenses of the 
 77.9   obligee or a substantial increase or decrease in existing 
 77.10  work-related or education-related child care expenses.  
 77.11     (b) It is presumed that there has been a substantial change 
 77.12  in circumstances under clause (1), (2), or (4) paragraph (a) and 
 77.13  the terms of a current support order shall be rebuttably 
 77.14  presumed to be unreasonable and unfair if: 
 77.15     (1) the application of the child support guidelines in 
 77.16  section 518.551, subdivision 5, to the current circumstances of 
 77.17  the parties results in a calculated court order that is at least 
 77.18  20 percent and at least $50 per month higher or lower than the 
 77.19  current support order.; 
 77.20     (2) the medical support provisions of the order established 
 77.21  under section 518.171 are not enforceable by the public 
 77.22  authority or the custodial parent; 
 77.23     (3) health coverage ordered under section 518.171 is not 
 77.24  available to the child for whom the order is established by the 
 77.25  parent ordered to provide; or 
 77.26     (4) the existing support obligation is in the form of a 
 77.27  statement of percentage and not a specific dollar amount.  
 77.28     (b) (c) On a motion for modification of maintenance, 
 77.29  including a motion for the extension of the duration of a 
 77.30  maintenance award, the court shall apply, in addition to all 
 77.31  other relevant factors, the factors for an award of maintenance 
 77.32  under section 518.552 that exist at the time of the motion.  On 
 77.33  a motion for modification of support, the court:  
 77.34     (1) shall apply section 518.551, subdivision 5, and shall 
 77.35  not consider the financial circumstances of each party's spouse, 
 77.36  if any; and 
 78.1      (2) shall not consider compensation received by a party for 
 78.2   employment in excess of a 40-hour work week, provided that the 
 78.3   party demonstrates, and the court finds, that: 
 78.4      (i) the excess employment began after entry of the existing 
 78.5   support order; 
 78.6      (ii) the excess employment is voluntary and not a condition 
 78.7   of employment; 
 78.8      (iii) the excess employment is in the nature of additional, 
 78.9   part-time employment, or overtime employment compensable by the 
 78.10  hour or fractions of an hour; 
 78.11     (iv) the party's compensation structure has not been 
 78.12  changed for the purpose of affecting a support or maintenance 
 78.13  obligation; 
 78.14     (v) in the case of an obligor, current child support 
 78.15  payments are at least equal to the guidelines amount based on 
 78.16  income not excluded under this clause; and 
 78.17     (vi) in the case of an obligor who is in arrears in child 
 78.18  support payments to the obligee, any net income from excess 
 78.19  employment must be used to pay the arrearages until the 
 78.20  arrearages are paid in full. 
 78.21     (c) (d) A modification of support or maintenance may be 
 78.22  made retroactive only with respect to any period during which 
 78.23  the petitioning party has pending a motion for modification but 
 78.24  only from the date of service of notice of the motion on the 
 78.25  responding party and on the public authority if public 
 78.26  assistance is being furnished or the county attorney is the 
 78.27  attorney of record.  However, modification may be applied to an 
 78.28  earlier period if the court makes express findings that the 
 78.29  party seeking modification was precluded from serving a motion 
 78.30  by reason of a significant physical or mental disability, a 
 78.31  material misrepresentation of another party, or fraud upon the 
 78.32  court and that the party seeking modification, when no longer 
 78.33  precluded, promptly served a motion.  The court may provide that 
 78.34  a reduction in the amount allocated for child care expenses 
 78.35  based on a substantial decrease in the expenses is effective as 
 78.36  of the date the expenses decreased. 
 79.1      (d) (e) Except for an award of the right of occupancy of 
 79.2   the homestead, provided in section 518.63, all divisions of real 
 79.3   and personal property provided by section 518.58 shall be final, 
 79.4   and may be revoked or modified only where the court finds the 
 79.5   existence of conditions that justify reopening a judgment under 
 79.6   the laws of this state, including motions under section 518.145, 
 79.7   subdivision 2.  The court may impose a lien or charge on the 
 79.8   divided property at any time while the property, or subsequently 
 79.9   acquired property, is owned by the parties or either of them, 
 79.10  for the payment of maintenance or support money, or may 
 79.11  sequester the property as is provided by section 518.24. 
 79.12     (e) (f) The court need not hold an evidentiary hearing on a 
 79.13  motion for modification of maintenance or support. 
 79.14     (f) (g) Section 518.14 shall govern the award of attorney 
 79.15  fees for motions brought under this subdivision. 
 79.16     Sec. 75.  Minnesota Statutes 1996, section 518.68, 
 79.17  subdivision 2, is amended to read: 
 79.18     Subd. 2.  [CONTENTS.] The required notices must be 
 79.19  substantially as follows: 
 79.20                          IMPORTANT NOTICE 
 79.21  1.  PAYMENTS TO PUBLIC AGENCY 
 79.22     Pursuant According to Minnesota Statutes, section 518.551, 
 79.23     subdivision 1, payments ordered for maintenance and support 
 79.24     must be paid to the public agency responsible for child 
 79.25     support enforcement as long as the person entitled to 
 79.26     receive the payments is receiving or has applied for public 
 79.27     assistance or has applied for support and maintenance 
 79.28     collection services.  MAIL PAYMENTS TO: 
 79.29  2.  DEPRIVING ANOTHER OF CUSTODIAL OR PARENTAL RIGHTS -- A 
 79.30  FELONY 
 79.31     A person may be charged with a felony who conceals a minor 
 79.32     child or takes, obtains, retains, or fails to return a 
 79.33     minor child from or to the child's parent (or person with 
 79.34     custodial or visitation rights), pursuant according to 
 79.35     Minnesota Statutes, section 609.26.  A copy of that section 
 79.36     is available from any district court clerk. 
 80.1   3.  RULES OF SUPPORT, MAINTENANCE, VISITATION 
 80.2      (a) Payment of support or spousal maintenance is to be as 
 80.3      ordered, and the giving of gifts or making purchases of 
 80.4      food, clothing, and the like will not fulfill the 
 80.5      obligation. 
 80.6      (b) Payment of support must be made as it becomes due, and 
 80.7      failure to secure or denial of rights of visitation is NOT 
 80.8      an excuse for nonpayment, but the aggrieved party must seek 
 80.9      relief through a proper motion filed with the court. 
 80.10     (c) Nonpayment of support is not grounds to deny 
 80.11     visitation.  The party entitled to receive support may 
 80.12     apply for support and collection services, file a contempt 
 80.13     motion, or obtain a judgment as provided in Minnesota 
 80.14     Statutes, section 548.091.  
 80.15     (d) The payment of support or spousal maintenance takes 
 80.16     priority over payment of debts and other obligations. 
 80.17     (e) A party who accepts additional obligations of support 
 80.18     does so with the full knowledge of the party's prior 
 80.19     obligation under this proceeding. 
 80.20     (f) Child support or maintenance is based on annual income, 
 80.21     and it is the responsibility of a person with seasonal 
 80.22     employment to budget income so that payments are made 
 80.23     throughout the year as ordered. 
 80.24     (g) If there is a layoff or a pay reduction, support may be 
 80.25     reduced as of the time of the layoff or pay reduction if a 
 80.26     motion to reduce the support is served and filed with the 
 80.27     court at that time, but any such reduction must be ordered 
 80.28     by the court.  The court is not permitted to reduce support 
 80.29     retroactively, except as provided in Minnesota Statutes, 
 80.30     section 518.64, subdivision 2, paragraph (c).  
 80.31  4.  PARENTAL RIGHTS FROM MINNESOTA STATUTES, SECTION 518.17, 
 80.32  SUBDIVISION 3 
 80.33     Unless otherwise provided by the Court: 
 80.34     (a) Each party has the right of access to, and to receive 
 80.35     copies of, school, medical, dental, religious training, and 
 80.36     other important records and information about the minor 
 81.1      children.  Each party has the right of access to 
 81.2      information regarding health or dental insurance available 
 81.3      to the minor children.  Presentation of a copy of this 
 81.4      order to the custodian of a record or other information 
 81.5      about the minor children constitutes sufficient 
 81.6      authorization for the release of the record or information 
 81.7      to the requesting party. 
 81.8      (b) Each party shall keep the other informed as to the name 
 81.9      and address of the school of attendance of the minor 
 81.10     children.  Each party has the right to be informed by 
 81.11     school officials about the children's welfare, educational 
 81.12     progress and status, and to attend school and parent 
 81.13     teacher conferences.  The school is not required to hold a 
 81.14     separate conference for each party. 
 81.15     (c) In case of an accident or serious illness of a minor 
 81.16     child, each party shall notify the other party of the 
 81.17     accident or illness, and the name of the health care 
 81.18     provider and the place of treatment. 
 81.19     (d) Each party has the right of reasonable access and 
 81.20     telephone contact with the minor children. 
 81.21  5.  WAGE AND INCOME DEDUCTION OF SUPPORT AND MAINTENANCE 
 81.22     Child support and/or spousal maintenance may be withheld 
 81.23     from income, with or without notice to the person obligated 
 81.24     to pay, when the conditions of Minnesota Statutes, sections 
 81.25     518.611 and 518.613, have been met.  A copy of those 
 81.26     sections is available from any district court clerk. 
 81.27  6.  CHANGE OF ADDRESS OR RESIDENCE 
 81.28     Unless otherwise ordered, the person responsible to make 
 81.29     support or maintenance payments each party shall notify the 
 81.30     person entitled to receive the payment other party, the 
 81.31     court, and the public authority responsible for collection, 
 81.32     if applicable, of a change of address or residence the 
 81.33     following information within 60 ten days of the address or 
 81.34     residence change any change:  the residential and mailing 
 81.35     address, telephone number, driver's license number, social 
 81.36     security number, and name, address, and telephone number of 
 82.1      the employer. 
 82.2   7.  COST OF LIVING INCREASE OF SUPPORT AND MAINTENANCE 
 82.3      Child support and/or spousal maintenance may be adjusted 
 82.4      every two years based upon a change in the cost of living 
 82.5      (using Department of Labor Consumer Price Index .........., 
 82.6      unless otherwise specified in this order) when the 
 82.7      conditions of Minnesota Statutes, section 518.641, are met. 
 82.8      Cost of living increases are compounded.  A copy of 
 82.9      Minnesota Statutes, section 518.641, and forms necessary to 
 82.10     request or contest a cost of living increase are available 
 82.11     from any district court clerk. 
 82.12  8.  JUDGMENTS FOR UNPAID SUPPORT 
 82.13     If a person fails to make a child support payment, the 
 82.14     payment owed becomes a judgment against the person 
 82.15     responsible to make the payment by operation of law on or 
 82.16     after the date the payment is due, and the person entitled 
 82.17     to receive the payment or the public agency may obtain 
 82.18     entry and docketing of the judgment WITHOUT NOTICE to the 
 82.19     person responsible to make the payment under Minnesota 
 82.20     Statutes, section 548.091.  Interest begins to accrue on a 
 82.21     payment or installment of child support whenever the unpaid 
 82.22     amount due is greater than the current support due, 
 82.23     pursuant according to Minnesota Statutes, section 548.091, 
 82.24     subdivision 1a.  
 82.25  9.  JUDGMENTS FOR UNPAID MAINTENANCE 
 82.26     A judgment for unpaid spousal maintenance may be entered 
 82.27     when the conditions of Minnesota Statutes, section 548.091, 
 82.28     are met.  A copy of that section is available from any 
 82.29     district court clerk. 
 82.30  10.  ATTORNEY FEES AND COLLECTION COSTS FOR ENFORCEMENT OF CHILD 
 82.31  SUPPORT 
 82.32     A judgment for attorney fees and other collection costs 
 82.33     incurred in enforcing a child support order will be entered 
 82.34     against the person responsible to pay support when the 
 82.35     conditions of section 518.14, subdivision 2, are met.  A 
 82.36     copy of section 518.14 and forms necessary to request or 
 83.1      contest these attorney fees and collection costs are 
 83.2      available from any district court clerk. 
 83.3   11.  VISITATION EXPEDITOR PROCESS 
 83.4      On request of either party or on its own motion, the court 
 83.5      may appoint a visitation expeditor to resolve visitation 
 83.6      disputes under Minnesota Statutes, section 518.1751.  A 
 83.7      copy of that section and a description of the expeditor 
 83.8      process is available from any district court clerk. 
 83.9   12.  VISITATION REMEDIES AND PENALTIES 
 83.10     Remedies and penalties for the wrongful denial of 
 83.11     visitation rights are available under Minnesota Statutes, 
 83.12     section 518.175, subdivision 6.  These include compensatory 
 83.13     visitation; civil penalties; bond requirements; contempt; 
 83.14     and reversal of custody.  A copy of that subdivision and 
 83.15     forms for requesting relief are available from any district 
 83.16     court clerk. 
 83.17     Sec. 76.  Minnesota Statutes 1996, section 518C.101, is 
 83.18  amended to read: 
 83.19     518C.101 [DEFINITIONS.] 
 83.20     In this chapter: 
 83.21     (a) "Child" means an individual, whether over or under the 
 83.22  age of majority, who is or is alleged to be owed a duty of 
 83.23  support by the individual's parent or who is or is alleged to be 
 83.24  the beneficiary of a support order directed to the parent. 
 83.25     (b) "Child support order" means a support order for a 
 83.26  child, including a child who has attained the age of majority 
 83.27  under the law of the issuing state. 
 83.28     (c) "Duty of support" means an obligation imposed or 
 83.29  imposable by law to provide support for a child, spouse, or 
 83.30  former spouse, including an unsatisfied obligation to provide 
 83.31  support. 
 83.32     (d) "Home state" means the state in which a child lived 
 83.33  with a parent or a person acting as parent for at least six 
 83.34  consecutive months immediately preceding the time of filing of a 
 83.35  petition or comparable pleading for support and, if a child is 
 83.36  less than six months old, the state in which the child lived 
 84.1   from birth with any of them.  A period of temporary absence of 
 84.2   any of them is counted as part of the six-month or other period. 
 84.3      (e) "Income" includes earnings or other periodic 
 84.4   entitlements to money from any source and any other property 
 84.5   subject to withholding for support under the law of this state. 
 84.6      (f) "Income-withholding order" means an order or other 
 84.7   legal process directed to an obligor's employer or other debtor 
 84.8   under section 518.611 or 518.613, to withhold support from the 
 84.9   income of the obligor. 
 84.10     (g) "Initiating state" means a state in from which a 
 84.11  proceeding is forwarded or in which a proceeding is filed for 
 84.12  forwarding to a responding state under this chapter or a law or 
 84.13  procedure substantially similar to this chapter, the uniform 
 84.14  reciprocal enforcement of support act, or the revised uniform 
 84.15  reciprocal enforcement of support act is filed for forwarding to 
 84.16  a responding state. 
 84.17     (h) "Initiating tribunal" means the authorized tribunal in 
 84.18  an initiating state. 
 84.19     (i) "Issuing state" means the state in which a tribunal 
 84.20  issues a support order or renders a judgment determining 
 84.21  parentage. 
 84.22     (j) "Issuing tribunal" means the tribunal that issues a 
 84.23  support order or renders a judgment determining parentage. 
 84.24     (k) "Law" includes decisional and statutory law and rules 
 84.25  and regulations having the force of law. 
 84.26     (l) "Obligee" means: 
 84.27     (1) an individual to whom a duty of support is or is 
 84.28  alleged to be owed or in whose favor a support order has been 
 84.29  issued or a judgment determining parentage has been rendered; 
 84.30     (2) a state or political subdivision to which the rights 
 84.31  under a duty of support or support order have been assigned or 
 84.32  which has independent claims based on financial assistance 
 84.33  provided to an individual obligee; or 
 84.34     (3) an individual seeking a judgment determining parentage 
 84.35  of the individual's child. 
 84.36     (m) "Obligor" means an individual, or the estate of a 
 85.1   decedent: 
 85.2      (1) who owes or is alleged to owe a duty of support; 
 85.3      (2) who is alleged but has not been adjudicated to be a 
 85.4   parent of a child; or 
 85.5      (3) who is liable under a support order. 
 85.6      (n) "Petition" means a petition or comparable pleading used 
 85.7   pursuant to section 518.5511. 
 85.8      (o) "Register" means to file a support order or judgment 
 85.9   determining parentage in the office of the court administrator. 
 85.10     (p) (o) "Registering tribunal" means a tribunal in which a 
 85.11  support order is registered. 
 85.12     (q) (p) "Responding state" means a state to in which a 
 85.13  proceeding is filed or to which a proceeding is forwarded for 
 85.14  filing from an initiating state under this chapter or a law or 
 85.15  procedure substantially similar to this chapter, the uniform 
 85.16  reciprocal enforcement of support act, or the revised uniform 
 85.17  reciprocal enforcement of support act. 
 85.18     (r) (q) "Responding tribunal" means the authorized tribunal 
 85.19  in a responding state. 
 85.20     (s) (r) "Spousal support order" means a support order for a 
 85.21  spouse or former spouse of the obligor. 
 85.22     (t) (s) "State" means a state of the United States, the 
 85.23  District of Columbia, the Commonwealth of Puerto Rico, the 
 85.24  United States Virgin Islands, or any territory or insular 
 85.25  possession subject to the jurisdiction of the United 
 85.26  States.  "State" This term also includes: 
 85.27     (1) an Indian tribe; and 
 85.28     (2) a foreign jurisdiction that has enacted a law or 
 85.29  established procedures for issuance and enforcement of support 
 85.30  orders that which are substantially similar to the procedures 
 85.31  under this chapter, the Uniform Reciprocal Enforcement of 
 85.32  Support Act, or the Revised Uniform Reciprocal Enforcement of 
 85.33  Support Act.  
 85.34     (u) (t) "Support enforcement agency" means a public 
 85.35  official or agency authorized to seek: 
 85.36     (1) seek enforcement of support orders or laws relating to 
 86.1   the duty of support; 
 86.2      (2) seek establishment or modification of child support; 
 86.3      (3) seek determination of parentage; or 
 86.4      (4) to locate obligors or their assets. 
 86.5      (v) (u) "Support order" means a judgment, decree, or order, 
 86.6   whether temporary, final, or subject to modification, for the 
 86.7   benefit of a child, a spouse, or a former spouse, which provides 
 86.8   for monetary support, health care, arrearages, or reimbursement, 
 86.9   and may include related costs and fees, interest, income 
 86.10  withholding, attorney's fees, and other relief. 
 86.11     (w) (v) "Tribunal" means a court, administrative agency, or 
 86.12  quasi-judicial entity authorized to establish, enforce, or 
 86.13  modify support orders or to determine parentage. 
 86.14     Sec. 77.  Minnesota Statutes 1996, section 518C.204, is 
 86.15  amended to read: 
 86.16     518C.204 [SIMULTANEOUS PROCEEDINGS IN ANOTHER STATE.] 
 86.17     (a) A tribunal of this state may exercise jurisdiction to 
 86.18  establish a support order if the petition or comparable pleading 
 86.19  is filed after a petition or comparable pleading is filed in 
 86.20  another state only if: 
 86.21     (1) the petition or comparable pleading in this state is 
 86.22  filed before the expiration of the time allowed in the other 
 86.23  state for filing a responsive pleading challenging the exercise 
 86.24  of jurisdiction by the other state; 
 86.25     (2) the contesting party timely challenges the exercise of 
 86.26  jurisdiction in the other state; and 
 86.27     (3) if relevant, this state is the home state of the child. 
 86.28     (b) A tribunal of this state may not exercise jurisdiction 
 86.29  to establish a support order if the petition or comparable 
 86.30  pleading is filed before a petition or comparable pleading is 
 86.31  filed in another state if: 
 86.32     (1) the petition or comparable pleading in the other state 
 86.33  is filed before the expiration of the time allowed in this state 
 86.34  for filing a responsive pleading challenging the exercise of 
 86.35  jurisdiction by this state; 
 86.36     (2) the contesting party timely challenges the exercise of 
 87.1   jurisdiction in this state; and 
 87.2      (3) if relevant, the other state is the home state of the 
 87.3   child. 
 87.4      Sec. 78.  Minnesota Statutes 1996, section 518C.205, is 
 87.5   amended to read: 
 87.6      518C.205 [CONTINUING, EXCLUSIVE JURISDICTION.] 
 87.7      (a) A tribunal of this state issuing a support order 
 87.8   consistent with the law of this state has continuing, exclusive 
 87.9   jurisdiction over a child support order: 
 87.10     (1) as long as this state remains the residence of the 
 87.11  obligor, the individual obligee, or the child for whose benefit 
 87.12  the support order is issued; or 
 87.13     (2) until each individual party has all of the parties who 
 87.14  are individuals have filed written consent consents with the 
 87.15  tribunal of this state for a tribunal of another state to modify 
 87.16  the order and assume continuing, exclusive jurisdiction. 
 87.17     (b) A tribunal of this state issuing a child support order 
 87.18  consistent with the law of this state may not exercise its 
 87.19  continuing jurisdiction to modify the order if the order has 
 87.20  been modified by a tribunal of another state pursuant according 
 87.21  to this section or a law substantially similar to this chapter. 
 87.22     (c) If a child support order of this state is modified by a 
 87.23  tribunal of another state pursuant according to this section or 
 87.24  a law substantially similar to this chapter, a tribunal of this 
 87.25  state loses its continuing, exclusive jurisdiction with regard 
 87.26  to prospective enforcement of the order issued in this state, 
 87.27  and may only: 
 87.28     (1) enforce the order that was modified as to amounts 
 87.29  accruing before the modification; 
 87.30     (2) enforce nonmodifiable aspects of that order; and 
 87.31     (3) provide other appropriate relief for violations of that 
 87.32  order which occurred before the effective date of the 
 87.33  modification. 
 87.34     (d) A tribunal of this state shall recognize the 
 87.35  continuing, exclusive jurisdiction of a tribunal of another 
 87.36  state which has issued a child support order pursuant according 
 88.1   to this section or a law substantially similar to this chapter. 
 88.2      (e) A temporary support order issued ex parte or pending 
 88.3   resolution of a jurisdictional conflict does not create 
 88.4   continuing, exclusive jurisdiction in the issuing tribunal. 
 88.5      (f) A tribunal of this state issuing a support order 
 88.6   consistent with the law of this state has continuing, exclusive 
 88.7   jurisdiction over a spousal support order throughout the 
 88.8   existence of the support obligation.  A tribunal of this state 
 88.9   may not modify a spousal support order issued by a tribunal of 
 88.10  another state having continuing, exclusive jurisdiction over 
 88.11  that order under the law of that state. 
 88.12     Sec. 79.  Minnesota Statutes 1996, section 518C.207, is 
 88.13  amended to read: 
 88.14     518C.207 [RECOGNITION CONTROLLING OF CHILD SUPPORT 
 88.15  ORDERS ORDER.] 
 88.16     (a) If a proceeding is brought under this chapter, and one 
 88.17  or more child support orders have been issued in this or another 
 88.18  state with regard to an obligor and a child, a tribunal of this 
 88.19  state shall apply the following rules in determining which order 
 88.20  to recognize for purposes of continuing, exclusive jurisdiction: 
 88.21     (1) If a proceeding is brought under this chapter and only 
 88.22  one tribunal has issued a child support order, the order of that 
 88.23  tribunal is controlling and must be recognized. 
 88.24     (b) If a proceeding is brought under this chapter, and two 
 88.25  or more child support orders have been issued by tribunals of 
 88.26  this state or another state with regard to the same obligor and 
 88.27  child, a tribunal of this state shall apply the rules in 
 88.28  paragraphs (1) to (3) determining which order to recognize for 
 88.29  purposes of continuing, exclusive jurisdiction. 
 88.30     (1) If only one of the tribunals would have continuing, 
 88.31  exclusive jurisdiction under this chapter, the order of that 
 88.32  tribunal is controlling and must be recognized. 
 88.33     (2) If two or more than one of the tribunals would have 
 88.34  issued child support orders for the same obligor and child, and 
 88.35  only one of the tribunals would have continuing, exclusive 
 88.36  jurisdiction under this chapter, the order of that tribunal must 
 89.1   be recognized continuing, exclusive jurisdiction under this 
 89.2   chapter, an order issued by a tribunal in the current home state 
 89.3   of the child is controlling and must be recognized, but if an 
 89.4   order has not been issued in the current home state of the 
 89.5   child, the most recently issued order controls and must be 
 89.6   recognized. 
 89.7      (3) If two or more none of the tribunals would have issued 
 89.8   child support orders for the same obligor and child, and more 
 89.9   than one of the tribunals would have continuing, exclusive 
 89.10  jurisdiction under this chapter, an order issued by a tribunal 
 89.11  in the current home state of the child must be recognized, but 
 89.12  if an order has not been issued in the current home state of the 
 89.13  child, the order most recently issued must be recognized the 
 89.14  tribunal of this state having jurisdiction over the parties 
 89.15  shall issue a child support order, which controls and must be 
 89.16  recognized. 
 89.17     (4) (c) If two or more tribunals have issued child support 
 89.18  orders have been issued for the same obligor and child, and none 
 89.19  of the tribunals would have continuing, exclusive jurisdiction 
 89.20  under this chapter, the tribunal of this state may issue a child 
 89.21  support order, which must be recognized and if the obligor or 
 89.22  the individual obligee resides in this state, a party may 
 89.23  request a tribunal of this state to determine which order is 
 89.24  controlling and must be recognized under paragraph (b).  The 
 89.25  request must be accompanied by a certified copy of every support 
 89.26  order in effect.  The requesting party shall give notice of the 
 89.27  request to each party whose rights may be affected by the 
 89.28  determination. 
 89.29     (b) (d) The tribunal that has issued an the controlling 
 89.30  order recognized under paragraph (a), (b), or (c) is the 
 89.31  tribunal having that has continuing, exclusive 
 89.32  jurisdiction under section 518C.205. 
 89.33     (e) A tribunal of this state which determines by order the 
 89.34  identity of the controlling order under paragraph (b), clause 
 89.35  (1) or (2), or which issues a new controlling order under 
 89.36  paragraph (b), clause (3), shall state in that order the basis 
 90.1   upon which the tribunal made its determination. 
 90.2      (f) Within 30 days after issuance of an order determining 
 90.3   the identity of the controlling order, the party obtaining the 
 90.4   order shall file a certified copy of the order with each 
 90.5   tribunal that issued or registered an earlier order of child 
 90.6   support.  A party who obtains the order and fails to file a 
 90.7   certified copy is subject to appropriate sanctions by a tribunal 
 90.8   in which the issue of failure to file arises.  The failure to 
 90.9   file does not affect the validity or enforceability of the 
 90.10  controlling order. 
 90.11     Sec. 80.  Minnesota Statutes 1996, section 518C.301, is 
 90.12  amended to read: 
 90.13     518C.301 [PROCEEDINGS UNDER THIS CHAPTER.] 
 90.14     (a) Except as otherwise provided in this chapter, sections 
 90.15  518C.301 to 518C.319 apply to all proceedings under this chapter.
 90.16     (b) This chapter provides for the following proceedings: 
 90.17     (1) establishment of an order for spousal support or child 
 90.18  support pursuant according to section 518C.401; 
 90.19     (2) enforcement of a support order and income-withholding 
 90.20  order of another state without registration pursuant according 
 90.21  to sections section 518C.501 and 518C.502; 
 90.22     (3) registration of an order for spousal support or child 
 90.23  support of another state for enforcement pursuant according to 
 90.24  sections 518C.601 to 518C.612; 
 90.25     (4) modification of an order for child support or spousal 
 90.26  support issued by a tribunal of this state pursuant according to 
 90.27  sections 518C.203 to 518C.206; 
 90.28     (5) registration of an order for child support of another 
 90.29  state for modification pursuant according to sections 518C.601 
 90.30  to 518C.612; 
 90.31     (6) determination of parentage pursuant according to 
 90.32  section 518C.701; and 
 90.33     (7) assertion of jurisdiction over nonresidents pursuant 
 90.34  according to sections 518C.201 and 518C.202. 
 90.35     (c) An individual petitioner or a support enforcement 
 90.36  agency may commence a proceeding authorized under this chapter 
 91.1   by filing a petition in an initiating tribunal for forwarding to 
 91.2   a responding tribunal or by filing a petition or a comparable 
 91.3   pleading directly in a tribunal of another state which has or 
 91.4   can obtain personal jurisdiction over the respondent. 
 91.5      Sec. 81.  Minnesota Statutes 1996, section 518C.304, is 
 91.6   amended to read: 
 91.7      518C.304 [DUTIES OF INITIATING TRIBUNAL.] 
 91.8      (a) Upon the filing of a petition authorized by this 
 91.9   chapter, an initiating tribunal of this state shall forward 
 91.10  three copies of the petition and its accompanying documents: 
 91.11     (1) to the responding tribunal or appropriate support 
 91.12  enforcement agency in the responding state; or 
 91.13     (2) if the identity of the responding tribunal is unknown, 
 91.14  to the state information agency of the responding state with a 
 91.15  request that they be forwarded to the appropriate tribunal and 
 91.16  that receipt be acknowledged. 
 91.17     (b) If a responding state has not enacted the language in 
 91.18  this chapter or a law or procedure substantially similar to this 
 91.19  chapter, a tribunal of this state may issue a certificate or 
 91.20  other document and make a finding required by the law of the 
 91.21  responding state.  If the responding state is a foreign 
 91.22  jurisdiction, the tribunal may specify the amount of support 
 91.23  sought and provide other documents necessary to satisfy the 
 91.24  requirements of the responding state. 
 91.25     Sec. 82.  Minnesota Statutes 1996, section 518C.305, is 
 91.26  amended to read: 
 91.27     518C.305 [DUTIES AND POWERS OF RESPONDING TRIBUNAL.] 
 91.28     (a) When a responding tribunal of this state receives a 
 91.29  petition or comparable pleading from an initiating tribunal or 
 91.30  directly pursuant according to section 518C.301, paragraph (c), 
 91.31  it shall cause the petition or pleading to be filed and notify 
 91.32  the petitioner by first class mail where and when it was filed. 
 91.33     (b) A responding tribunal of this state, to the extent 
 91.34  otherwise authorized by law, may do one or more of the following:
 91.35     (1) issue or enforce a support order, modify a child 
 91.36  support order, or render a judgment to determine parentage; 
 92.1      (2) order an obligor to comply with a support order, 
 92.2   specifying the amount and the manner of compliance; 
 92.3      (3) order income withholding; 
 92.4      (4) determine the amount of any arrearages, and specify a 
 92.5   method of payment; 
 92.6      (5) enforce orders by civil or criminal contempt, or both; 
 92.7      (6) set aside property for satisfaction of the support 
 92.8   order; 
 92.9      (7) place liens and order execution on the obligor's 
 92.10  property; 
 92.11     (8) order an obligor to keep the tribunal informed of the 
 92.12  obligor's current residential address, telephone number, 
 92.13  employer, address of employment, and telephone number at the 
 92.14  place of employment; 
 92.15     (9) issue a bench warrant for an obligor who has failed 
 92.16  after proper notice to appear at a hearing ordered by the 
 92.17  tribunal and enter the bench warrant in any local and state 
 92.18  computer systems for criminal warrants; 
 92.19     (10) order the obligor to seek appropriate employment by 
 92.20  specified methods; 
 92.21     (11) award reasonable attorney's fees and other fees and 
 92.22  costs; and 
 92.23     (12) grant any other available remedy. 
 92.24     (c) A responding tribunal of this state shall include in a 
 92.25  support order issued under this chapter, or in the documents 
 92.26  accompanying the order, the calculations on which the support 
 92.27  order is based. 
 92.28     (d) A responding tribunal of this state may not condition 
 92.29  the payment of a support order issued under this chapter upon 
 92.30  compliance by a party with provisions for visitation. 
 92.31     (e) If a responding tribunal of this state issues an order 
 92.32  under this chapter, the tribunal shall send a copy of the order 
 92.33  by first class mail to the petitioner and the respondent and to 
 92.34  the initiating tribunal, if any. 
 92.35     Sec. 83.  Minnesota Statutes 1996, section 518C.310, is 
 92.36  amended to read: 
 93.1      518C.310 [DUTIES OF STATE INFORMATION AGENCY.] 
 93.2      (a) The unit within the department of human services that 
 93.3   receives and disseminates incoming interstate actions under 
 93.4   title IV-D of the Social Security Act from section 518C.02, 
 93.5   subdivision 1a, is the state information agency under this 
 93.6   chapter. 
 93.7      (b) The state information agency shall: 
 93.8      (1) compile and maintain a current list, including 
 93.9   addresses, of the tribunals in this state which have 
 93.10  jurisdiction under this chapter and any support enforcement 
 93.11  agencies in this state and transmit a copy to the state 
 93.12  information agency of every other state; 
 93.13     (2) maintain a register of tribunals and support 
 93.14  enforcement agencies received from other states; 
 93.15     (3) forward to the appropriate tribunal in the place in 
 93.16  this state in which the individual obligee or the obligor 
 93.17  resides, or in which the obligor's property is believed to be 
 93.18  located, all documents concerning a proceeding under this 
 93.19  chapter received from an initiating tribunal or the state 
 93.20  information agency of the initiating state; and 
 93.21     (4) obtain information concerning the location of the 
 93.22  obligor and the obligor's property within this state not exempt 
 93.23  from execution, by such means as postal verification and federal 
 93.24  or state locator services, examination of telephone directories, 
 93.25  requests for the obligor's address from employers, and 
 93.26  examination of governmental records, including, to the extent 
 93.27  not prohibited by other law, those relating to real property, 
 93.28  vital statistics, law enforcement, taxation, motor vehicles, 
 93.29  driver's licenses, and social security; and 
 93.30     (5) determine which foreign jurisdictions and Indian tribes 
 93.31  have substantially similar procedures for issuance and 
 93.32  enforcement of support orders.  The state information agency 
 93.33  shall compile and maintain a list, including addresses, of all 
 93.34  these foreign jurisdictions and Indian tribes.  The state 
 93.35  information agency shall make this list available to all state 
 93.36  tribunals and all support enforcement agencies. 
 94.1      Sec. 84.  Minnesota Statutes 1996, section 518C.401, is 
 94.2   amended to read: 
 94.3      518C.401 [PETITION TO ESTABLISH SUPPORT ORDER.] 
 94.4      (a) If a support order entitled to recognition under this 
 94.5   chapter has not been issued, a responding tribunal of this state 
 94.6   may issue a support order if: 
 94.7      (1) the individual seeking the order resides in another 
 94.8   state; or 
 94.9      (2) the support enforcement agency seeking the order is 
 94.10  located in another state. 
 94.11     (b) The tribunal may issue a temporary child support order 
 94.12  if: 
 94.13     (1) the respondent has signed a verified statement 
 94.14  acknowledging parentage; 
 94.15     (2) the respondent has been determined by or pursuant to 
 94.16  law to be the parent; or 
 94.17     (3) there is other clear and convincing evidence that the 
 94.18  respondent is the child's parent. 
 94.19     (c) Upon a finding, after notice and opportunity to be 
 94.20  heard, that an obligor owes a duty of support, the tribunal 
 94.21  shall issue a support order directed to the obligor and may 
 94.22  issue other orders pursuant according to section 518C.305. 
 94.23     Sec. 85.  Minnesota Statutes 1996, section 518C.501, is 
 94.24  amended to read: 
 94.25     518C.501 [RECOGNITION EMPLOYER'S RECEIPT OF 
 94.26  INCOME-WITHHOLDING ORDER OF ANOTHER STATE.] 
 94.27     (a) An income-withholding order issued in another state may 
 94.28  be sent by first class mail to the person or entity defined as 
 94.29  the obligor's employer under section 518.611 or 518.613 without 
 94.30  first filing a petition or comparable pleading or registering 
 94.31  the order with a tribunal of this state.  Upon receipt of the 
 94.32  order, the employer shall: 
 94.33     (1) treat an income-withholding order issued in another 
 94.34  state which appears regular on its face as if it had been issued 
 94.35  by a tribunal of this state; 
 94.36     (2) immediately provide a copy of the order to the obligor; 
 95.1   and 
 95.2      (3) distribute the funds as directed in the withholding 
 95.3   order. 
 95.4      (b) An obligor may contest the validity or enforcement of 
 95.5   an income-withholding order issued in another state in the same 
 95.6   manner as if the order had been issued by a tribunal of this 
 95.7   state.  Section 518C.604 applies to the contest.  The obligor 
 95.8   shall give notice of the contest to any support enforcement 
 95.9   agency providing services to the obligee and to: 
 95.10     (1) the person or agency designated to receive payments in 
 95.11  the income-withholding order; or 
 95.12     (2) if no person or agency is designated, the obligee. 
 95.13     Sec. 86.  [518C.503] [EMPLOYER'S COMPLIANCE WITH 
 95.14  INCOME-WITHHOLDING ORDER OF ANOTHER STATE.] 
 95.15     (a) Upon receipt of an income-withholding order, the 
 95.16  obligor's employer shall immediately provide a copy of the order 
 95.17  to the obligor.  
 95.18     (b) The employer shall treat an income-withholding order 
 95.19  issued in another state which appears regular on its face as if 
 95.20  it had been issued by a tribunal of this state. 
 95.21     (c) Except as otherwise provided in paragraph (d) and 
 95.22  section 518C.504, the employer shall withhold and distribute the 
 95.23  funds specified in the withholding order by complying with the 
 95.24  terms of the order which specify: 
 95.25     (1) the duration and amount of periodic payments of current 
 95.26  child support, stated as a sum certain; 
 95.27     (2) the person or agency designated to receive payments and 
 95.28  the address to which the payments are to be forwarded; 
 95.29     (3) medical support, whether in the form of periodic cash 
 95.30  payment, stated as a sum certain, or ordering the obligor to 
 95.31  provide health insurance coverage for the child under a policy 
 95.32  available through the obligor's employment; 
 95.33     (4) the amount of periodic payments of fees and costs for a 
 95.34  support enforcement agency, the issuing tribunal, and the 
 95.35  obligee's attorney, stated as sums certain; and 
 95.36     (5) the amount of periodic payments of arrearages and 
 96.1   interest on arrearages, stated as sums certain. 
 96.2      (d) An employer shall comply with the laws of the state of 
 96.3   the obligor's principal place of employment for withholding from 
 96.4   income with respect to: 
 96.5      (1) the employer's fee for processing an income-withholding 
 96.6   order; 
 96.7      (2) the maximum amount permitted to be withheld from the 
 96.8   obligor's income; and 
 96.9      (3) the times within which the employer must implement the 
 96.10  withholding order and forward the child support payment. 
 96.11     Sec. 87.  [518C.504] [COMPLIANCE WITH MULTIPLE 
 96.12  INCOME-WITHHOLDING ORDERS.] 
 96.13     If an obligor's employer receives multiple 
 96.14  income-withholding orders with respect to the earnings of the 
 96.15  same obligor, the employer satisfies the terms of the multiple 
 96.16  orders if the employer complies with the law of the state of the 
 96.17  obligor's principal place of employment to establish the 
 96.18  priorities for withholding and allocating income withheld for 
 96.19  multiple child support obligees.  
 96.20     Sec. 88.  [518C.505] [IMMUNITY FROM CIVIL LIABILITY.] 
 96.21     An employer who complies with an income-withholding order 
 96.22  issued in another state according to this chapter is not subject 
 96.23  to civil liability to an individual or agency with regard to the 
 96.24  employer's withholding of child support from the obligor's 
 96.25  income. 
 96.26     Sec. 89.  [518C.506] [PENALTIES FOR NONCOMPLIANCE.] 
 96.27     An employer who willfully fails to comply with an 
 96.28  income-withholding order issued by another state and received 
 96.29  for enforcement is subject to the same penalties that may be 
 96.30  imposed for noncompliance with an order issued by a tribunal of 
 96.31  this state. 
 96.32     Sec. 90.  [518C.507] [CONTEST BY OBLIGOR.] 
 96.33     (a) An obligor may contest the validity or enforcement of 
 96.34  an income-withholding order issued in another state and received 
 96.35  directly by an employer in this state in the same manner as if 
 96.36  the order had been issued by a tribunal of this state.  Section 
 97.1   518C.604 applies to the contested order. 
 97.2      (b) The obligor shall give notice of the contested order to:
 97.3      (1) a support enforcement agency providing services to the 
 97.4   obligee; 
 97.5      (2) each employer that has directly received an 
 97.6   income-withholding order; and 
 97.7      (3) the person or agency designated to receive payments in 
 97.8   the income-withholding order or if no person or agency is 
 97.9   designated, to the obligee. 
 97.10     Sec. 91.  [518C.508] [ADMINISTRATIVE ENFORCEMENT OF 
 97.11  ORDERS.] 
 97.12     (a) A party seeking to enforce a support order or an 
 97.13  income-withholding order, or both, issued by a tribunal of 
 97.14  another state may send the documents required for registering 
 97.15  the order to a support enforcement agency of this state. 
 97.16     (b) Upon receipt of the documents, the support enforcement 
 97.17  agency, without initially seeking to register the order, shall 
 97.18  consider and may use any administrative procedure authorized by 
 97.19  the laws of this state to enforce a support order or an 
 97.20  income-withholding order, or both.  If the obligor does not 
 97.21  contest administrative enforcement, the order need not be 
 97.22  registered.  If the obligor contests the validity or 
 97.23  administrative enforcement of the order, the support enforcement 
 97.24  agency shall register the order under this chapter. 
 97.25     Sec. 92.  Minnesota Statutes 1996, section 518C.603, is 
 97.26  amended to read: 
 97.27     518C.603 [EFFECT OF REGISTRATION FOR ENFORCEMENT.] 
 97.28     (a) A support order or income-withholding order issued in 
 97.29  another state is registered when the order is filed in the 
 97.30  registering tribunal of this state. 
 97.31     (b) A registered order issued in another state is 
 97.32  enforceable in the same manner and is subject to the same 
 97.33  procedures as an order issued by a tribunal of this state. 
 97.34     (c) Except as otherwise provided in sections 518C.601 to 
 97.35  518C.612 this chapter, a tribunal of this state shall recognize 
 97.36  and enforce, but may not modify, a registered order if the 
 98.1   issuing tribunal had jurisdiction. 
 98.2      Sec. 93.  Minnesota Statutes 1996, section 518C.605, is 
 98.3   amended to read: 
 98.4      518C.605 [NOTICE OF REGISTRATION OF ORDER.] 
 98.5      (a) When a support order or income-withholding order issued 
 98.6   in another state is registered, the registering tribunal shall 
 98.7   notify the nonregistering party.  Notice must be given by 
 98.8   certified or registered mail or by any means of personal service 
 98.9   authorized by the law of this state.  The notice must be 
 98.10  accompanied by a copy of the registered order and the documents 
 98.11  and relevant information accompanying the order. 
 98.12     (b) The notice must inform the nonregistering party: 
 98.13     (1) that a registered order is enforceable as of the date 
 98.14  of registration in the same manner as an order issued by a 
 98.15  tribunal of this state; 
 98.16     (2) that a hearing to contest the validity or enforcement 
 98.17  of the registered order must be requested within 20 days after 
 98.18  the date of mailing or personal service of the notice; 
 98.19     (3) that failure to contest the validity or enforcement of 
 98.20  the registered order in a timely manner will result in 
 98.21  confirmation of the order and enforcement of the order and the 
 98.22  alleged arrearages and precludes further contest of that order 
 98.23  with respect to any matter that could have been asserted; and 
 98.24     (4) of the amount of any alleged arrearages. 
 98.25     (c) Upon registration of an income-withholding order for 
 98.26  enforcement, the registering tribunal shall notify the obligor's 
 98.27  employer pursuant according to section 518.611 or 518.613. 
 98.28     Sec. 94.  Minnesota Statutes 1996, section 518C.608, is 
 98.29  amended to read: 
 98.30     518C.608 [CONFIRMED ORDER.] 
 98.31     If a contesting party has received notice of registration 
 98.32  under section 518C.605, Confirmation of a registered order, 
 98.33  whether by operation of law or after notice and hearing, 
 98.34  precludes further contest of the order based upon facts that 
 98.35  were known by the contesting party at the time of registration 
 98.36  with respect to any matter that could have been asserted at the 
 99.1   time of registration with respect to any matter that could have 
 99.2   been asserted at the time of registration. 
 99.3      Sec. 95.  Minnesota Statutes 1996, section 518C.611, is 
 99.4   amended to read: 
 99.5      518C.611 [MODIFICATION OF CHILD SUPPORT ORDER OF ANOTHER 
 99.6   STATE.] 
 99.7      (a) After a child support order issued in another state has 
 99.8   been registered in this state, the responding tribunal of this 
 99.9   state may modify that order only if, section 518C.613 does not 
 99.10  apply and after notice and hearing, it finds that: 
 99.11     (1) the following requirements are met: 
 99.12     (i) the child, the individual obligee, and the obligor do 
 99.13  not reside in the issuing state; 
 99.14     (ii) a petitioner who is a nonresident of this state seeks 
 99.15  modification; and 
 99.16     (iii) the respondent is subject to the personal 
 99.17  jurisdiction of the tribunal of this state; or 
 99.18     (2) an individual party or the child, or a party who is an 
 99.19  individual, is subject to the personal jurisdiction of the 
 99.20  tribunal of this state and all of the individual parties who are 
 99.21  individuals have filed a written consent consents in the issuing 
 99.22  tribunal providing that for a tribunal of this state may to 
 99.23  modify the support order and assume continuing, exclusive 
 99.24  jurisdiction over the order.  However, if the issuing state is a 
 99.25  foreign jurisdiction that has not enacted a law or established 
 99.26  procedures substantially similar to the procedures in this 
 99.27  chapter, the consent otherwise required of an individual 
 99.28  residing in this state is not required for the tribunal to 
 99.29  assume jurisdiction to modify the child support order.  
 99.30     (b) Modification of a registered child support order is 
 99.31  subject to the same requirements, procedures, and defenses that 
 99.32  apply to the modification of an order issued by a tribunal of 
 99.33  this state and the order may be enforced and satisfied in the 
 99.34  same manner. 
 99.35     (c) A tribunal of this state may not modify any aspect of a 
 99.36  child support order that may not be modified under the law of 
100.1   the issuing state.  If two or more tribunals have issued child 
100.2   support orders for the same obligor and child, the order that 
100.3   controls and must be recognized under section 518C.207 
100.4   establishes the aspects of the support order which are 
100.5   nonmodifiable. 
100.6      (d) On issuance of an order modifying a child support order 
100.7   issued in another state, a tribunal of this state becomes the 
100.8   tribunal of continuing, exclusive jurisdiction. 
100.9      (e) Within 30 days after issuance of a modified child 
100.10  support order, the party obtaining the modification shall file a 
100.11  certified copy of the order with the issuing tribunal which had 
100.12  continuing, exclusive jurisdiction over the earlier order, and 
100.13  in each tribunal in which the party knows that earlier order has 
100.14  been registered. 
100.15     Sec. 96.  Minnesota Statutes 1996, section 518C.612, is 
100.16  amended to read: 
100.17     518C.612 [RECOGNITION OF ORDER MODIFIED IN ANOTHER STATE.] 
100.18     A tribunal of this state shall recognize a modification of 
100.19  its earlier child support order by a tribunal of another state 
100.20  which assumed jurisdiction pursuant according to this chapter or 
100.21  a law substantially similar to this chapter and, upon request, 
100.22  except as otherwise provided in this chapter, shall: 
100.23     (1) enforce the order that was modified only as to amounts 
100.24  accruing before the modification; 
100.25     (2) enforce only nonmodifiable aspects of that order; 
100.26     (3) provide other appropriate relief only for violations of 
100.27  that order which occurred before the effective date of the 
100.28  modification; and 
100.29     (4) recognize the modifying order of the other state, upon 
100.30  registration, for the purpose of enforcement. 
100.31     Sec. 97.  [518C.613] [JURISDICTION TO MODIFY CHILD SUPPORT 
100.32  ORDER OF ANOTHER STATE WHEN INDIVIDUAL PARTIES RESIDE IN THIS 
100.33  STATE.] 
100.34     (a) If all of the parties who are individuals reside in 
100.35  this state and the child does not reside in the issuing state, a 
100.36  tribunal of this state has jurisdiction to enforce and to modify 
101.1   the issuing state's child support order in a proceeding to 
101.2   register that order. 
101.3      (b) A tribunal of this state exercising jurisdiction under 
101.4   this section shall apply the provisions of sections 518C.101 to 
101.5   518C.209, and the procedural and substantive laws of this state 
101.6   to the proceeding for enforcement or modification.  Sections 
101.7   518C.301 to 518C.507 and sections 518C.701 to 518C.802 do not 
101.8   apply. 
101.9      Sec. 98.  [518C.614] [NOTICE TO ISSUING TRIBUNAL OF 
101.10  MODIFICATION.] 
101.11     Within 30 days after issuance of a modified child support 
101.12  order, the party obtaining the modification shall file a 
101.13  certified copy of the order with the issuing tribunal that had 
101.14  continuing, exclusive jurisdiction over the earlier order, and 
101.15  in each tribunal in which the party knows the earlier order has 
101.16  been registered.  A party who obtains the order and fails to 
101.17  file a certified copy is subject to appropriate sanctions by a 
101.18  tribunal in which the issue of failure to file arises.  The 
101.19  failure to file does not affect the validity or enforceability 
101.20  of the modified order of the new tribunal having continuing, 
101.21  exclusive jurisdiction. 
101.22     Sec. 99.  [CHILD SUPPORT ENFORCEMENT PROGRAM; SERVICES 
101.23  DELIVERY STUDY.] 
101.24     The commissioner of human services shall conduct a study of 
101.25  the overall state child support enforcement delivery system in 
101.26  order to appropriately meet the performance requirements of new 
101.27  federal law. 
101.28     Sec. 100.  [AGENCY CONSULTATION ON SUSPENDING RECREATIONAL 
101.29  LICENSES.] 
101.30     The commissioner shall consult with other state agencies to 
101.31  establish procedures to meet federal requirements to suspend 
101.32  recreational licenses of child support obligors who fail to pay 
101.33  child support. 
101.34     Sec. 101.  [REPEALER.] 
101.35     (a) Minnesota Statutes 1996, section 518C.9011, is repealed.
101.36     (b) Minnesota Statutes 1996, sections 8.35; 256.74; 
102.1   256.979, subdivision 9; 518.5511, subdivisions 5, 6, 7, 8, and 
102.2   9; 518.611, subdivision 1; 518.613; and 518C.502, are repealed 
102.3   effective July 1, 1997.