HF 845

as introduced - 79th Legislature (1995 - 1996) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to human services; child support obligation 
  1.3             and enforcement; amending Minnesota Statutes 1994, 
  1.4             sections 256.978, subdivision 1; 518.171, subdivision 
  1.5             2a; 518.575; 518.611, subdivisions 1, 2, and 8a; 
  1.6             518.613, subdivisions 1 and 2; 518.614, subdivision 1; 
  1.7             518C.310; 548.15; and 609.375, subdivision 1; 
  1.8             proposing coding for new law in Minnesota Statutes, 
  1.9             chapter 518; repealing Minnesota Statutes 1994, 
  1.10            section 518.561. 
  1.11  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.12                             ARTICLE 1 
  1.13                      CHILD SUPPORT OBLIGATION 
  1.14     Section 1.  Minnesota Statutes 1994, section 518.171, 
  1.15  subdivision 2a, is amended to read: 
  1.16     Subd. 2a.  [EMPLOYER AND OBLIGOR NOTICE RESPONSIBILITY.] If 
  1.17  an individual is hired for employment, the employer shall 
  1.18  request that the individual disclose whether the individual has 
  1.19  court-ordered medical support obligations that are required by 
  1.20  law to be withheld from income and the terms of the court order, 
  1.21  if any.  The employer shall request that the individual disclose 
  1.22  whether the individual has been ordered by a court to provide 
  1.23  health and dental dependent insurance coverage.  The An 
  1.24  individual shall disclose this information at the time of 
  1.25  hiring.  If an individual discloses that if medical support is 
  1.26  required to be withheld, the.  If an employee discloses that 
  1.27  medical support is required to be withheld, an employer shall 
  1.28  begin withholding according to the terms of the order and 
  2.1   pursuant to section 518.611, subdivision 8.  If an individual 
  2.2   discloses an obligation to obtain health and dental dependent 
  2.3   insurance coverage and coverage is available through the 
  2.4   employer, the employer shall make all application processes 
  2.5   known to the individual upon hiring and enroll the employee and 
  2.6   dependent in the plan pursuant to subdivision 3. 
  2.7      Sec. 2.  [518.5512] [EMPLOYEE REGISTRY; DEFINITIONS.] 
  2.8      Subdivision 1.  [SCOPE.] For the purposes of an employee 
  2.9   registry established under sections 518.5512 to 518.5514, the 
  2.10  following terms have the meanings given. 
  2.11     Subd. 2.  [COMMISSIONER.] "Commissioner" means the 
  2.12  commissioner of human services. 
  2.13     Subd. 3.  [COMPENSATION.] "Compensation" means payment owed 
  2.14  by the payor of funds for labor or services rendered by an 
  2.15  employee or contractor. 
  2.16     Subd. 4.  [DATE OF HIRE.] "Date of hire" means the earlier 
  2.17  of: 
  2.18     (1) the first day for which the employee or contractor is 
  2.19  owed compensation by the payor of funds; or 
  2.20     (2) the first day that an employee or contractor reports to 
  2.21  work or performs labor or services for the payor of funds. 
  2.22     Subd. 5.  [DATE OF REHIRE.] "Date of rehire" means the 
  2.23  earlier of: 
  2.24     (1) the first day for which the employee or contractor is 
  2.25  owed compensation by the payor of funds following an unpaid 
  2.26  absence of a minimum of six consecutive weeks; or 
  2.27     (2) the first day that an employee or contractor reports to 
  2.28  work or performs labor or services for the payor of funds 
  2.29  following an unpaid absence of a minimum of six consecutive 
  2.30  weeks. 
  2.31     Subd. 6.  [EMPLOYEE.] "Employee" means a person living or 
  2.32  working in Minnesota who is employed by an entity doing business 
  2.33  in Minnesota. 
  2.34     Subd. 7.  [EMPLOYER.] "Employer" means an employing entity 
  2.35  that employs an employee for compensation and withholds taxes 
  2.36  from the employee's compensation. 
  3.1      Subd. 8.  [INDEPENDENT CONTRACTOR.] "Independent contractor"
  3.2   means a person living or working in Minnesota who is hired for 
  3.3   compensation by an entity doing business in Minnesota and is not 
  3.4   defined as an employee.  
  3.5      Subd. 9.  [PAYOR OF FUNDS.] "Payor of funds" for the 
  3.6   purposes of this section, means an employer, or a person or an 
  3.7   entity who engages a contractor for compensation. 
  3.8      Sec. 3.  [518.5513] [REPORTING REQUIREMENTS.] 
  3.9      Subdivision 1.  [EMPLOYER REPORTING REQUIREMENTS.] The 
  3.10  commissioner shall establish and maintain a centralized employee 
  3.11  registry for the purpose of receiving and maintaining 
  3.12  information from employers on newly hired or rehired employees. 
  3.13     (a) An employer who hires or rehires an employee shall 
  3.14  report all of the following to the employee registry within 14 
  3.15  calendar days of the hiring or rehiring of an employee: 
  3.16     (1) the employer's name, address, and federal 
  3.17  identification number; 
  3.18     (2) the employee's name, address, social security number, 
  3.19  and date of birth; and 
  3.20     (3) whether the payroll of the employer is prepared at the 
  3.21  address of the employer or at a separate location, and the 
  3.22  address of the separate location, if applicable. 
  3.23     (b) Employers shall report to the commissioner by: 
  3.24     (1) submitting a copy of the employee's W-4 form by mail or 
  3.25  telefax; 
  3.26     (2) electronic media in a format approved by the 
  3.27  commissioner in advance of submission; or 
  3.28     (3) by any other means authorized by the department. 
  3.29     (c) Information reported under this section shall be 
  3.30  maintained as provided in section 518.5514. 
  3.31     (d) An employer who fails to report as required under this 
  3.32  section is subject to penalties as provided in subdivision 3. 
  3.33     Subd. 2.  [PAYOR OF FUNDS REPORTING REQUIREMENTS.] The 
  3.34  commissioner shall establish a centralized employee registry for 
  3.35  the purpose of receiving and maintaining information from payors 
  3.36  of funds on newly hired or rehired contractors. 
  4.1      (a) A payor of funds who engages a contractor shall report 
  4.2   all of the following to the registry within 14 days of hiring or 
  4.3   rehiring the contractor: 
  4.4      (1) the name, address, and federal identification number of 
  4.5   the payor of funds; and 
  4.6      (2) the contractor's name, address, social security number, 
  4.7   and if known, the contractor's date of birth. 
  4.8      (b) A payor of funds shall report the information required 
  4.9   under paragraph (a), by any written or electronic means 
  4.10  authorized by the commissioner. 
  4.11     (c) Information reported under this section shall be 
  4.12  maintained as provided in section 518.5514. 
  4.13     (d) A payor of funds who fails to report is subject to 
  4.14  penalties as provided in subdivision 3. 
  4.15     Subd. 3.  [PENALTIES.] An employer or payor of funds who 
  4.16  fails to report as required under this section shall be given a 
  4.17  written warning from the commissioner for the first violation.  
  4.18  A second violation shall be subject to a civil penalty of up to 
  4.19  $50.  Violations thereafter shall be subject to a civil penalty 
  4.20  of up to $500.  All violations within a single month shall be 
  4.21  considered a single violation for purposes of assessing a 
  4.22  penalty.  Penalties may be imposed and collected by the 
  4.23  department. 
  4.24     Sec. 4.  [518.5514] [USAGE OF EMPLOYEE REGISTRY.] 
  4.25     (a) The records of the employee registry are confidential 
  4.26  records under chapter 13 and may be accessed by county, state, 
  4.27  or federal agencies as provided in this section.  When a county, 
  4.28  state, or federal agency accesses information in the registry, 
  4.29  the agency may use the information to update its own records.  
  4.30  Access to and use of the information contained in the registry 
  4.31  shall be limited to the following: 
  4.32     (1) the county, state, or federal public authority 
  4.33  responsible for the administration of the child support 
  4.34  enforcement program for use related to locating, establishing, 
  4.35  and enforcing child and medical support obligations and other 
  4.36  services; 
  5.1      (2) state agencies which utilize information from payors of 
  5.2   funds for determination of eligibility or calculation of 
  5.3   payments for benefit or entitlement payments; and 
  5.4      (3) state agencies which utilize payors of funds 
  5.5   information for recoupment of debts to the state. 
  5.6      (b) The registry shall maintain the information received 
  5.7   from payors of funds for a period up to six months. 
  5.8      Sec. 5.  [518.5515] [COMMISSIONER'S DUTY.] 
  5.9      The commissioner is authorized to contract for services to 
  5.10  carry out the purposes of sections 518.5512 to 518.5514. 
  5.11     The commissioner may collect fees from county, state, or 
  5.12  federal agencies for the purposes of section 518.5514. 
  5.13     Sec. 6.  [EFFECTIVE DATE.] 
  5.14     Sections 1 to 5 (518.171, subdivision 2a; 518.5512; 
  5.15  518.5513; 518.5514; and 518.5515) are effective January 1, 1997. 
  5.16                             ARTICLE 2
  5.17                    CHILD SUPPORT PAYMENT CENTER 
  5.18     Section 1.  [518.5851] [CHILD SUPPORT PAYMENT CENTER; 
  5.19  DEFINITIONS.] 
  5.20     Subdivision 1.  [SCOPE.] For the purposes of a child 
  5.21  support center established under sections 518.5851 to 518.5853, 
  5.22  the following terms have the meanings given. 
  5.23     Subd. 2.  [LOCAL CHILD SUPPORT AGENCY.] "Local child 
  5.24  support agency" means the entity, at the county level, 
  5.25  responsible for providing child support enforcement services. 
  5.26     Subd. 3.  [PAYMENT.] "Payment" means the payment of child 
  5.27  support, medical support, maintenance, and related payments 
  5.28  required by order of a tribunal, voluntary support, or statutory 
  5.29  fees. 
  5.30     Subd. 4.  [TRIBUNAL.] "Tribunal" has the meaning given in 
  5.31  section 518C.101. 
  5.32     Sec. 2.  [518.5852] [CENTRAL COLLECTIONS UNIT.] 
  5.33     The commissioner of human services is directed to create 
  5.34  and maintain a central collections unit for the purpose of 
  5.35  receiving, processing, and disbursing payments, and for 
  5.36  maintaining a record of payments, in all cases in which: 
  6.1      (1) the state or county is a party; 
  6.2      (2) the state or county provides child support enforcement 
  6.3   services to a party; or 
  6.4      (3) payment is collected through income withholding. 
  6.5      The commissioner of human services is authorized to 
  6.6   contract for services to carry out these provisions. 
  6.7      Sec. 3.  [518.5853] [MANDATORY PAYMENT OF OBLIGATIONS TO 
  6.8   CENTRAL COLLECTIONS UNIT.] 
  6.9      Subdivision 1.  [LOCATION OF PAYMENT.] All payments shall 
  6.10  be made to the central collections unit in section 518.5852. 
  6.11     Subd. 2.  [AGENCY DESIGNATION OF LOCATION.] Each local 
  6.12  child support agency shall provide a location within the agency 
  6.13  to receive payments.  A local agency receiving a payment shall 
  6.14  transmit the funds to the central collections unit within one 
  6.15  working day of receipt of the payment. 
  6.16     Subd. 3.  [INCENTIVES.] Notwithstanding any rule to the 
  6.17  contrary, incentives shall be paid to the county providing 
  6.18  services and maintaining the case to which the payment is 
  6.19  applied.  Incentive payments awarded for the collection of child 
  6.20  support shall be based solely upon payments processed by the 
  6.21  central collections unit in section 518.5852.  
  6.22     Subd. 4.  [ELECTRONIC TRANSFER OF FUNDS.] The central 
  6.23  collections unit is authorized to engage in the electronic 
  6.24  transfer of funds for the receipt and disbursement of funds. 
  6.25     Subd. 5.  [REQUIRED CONTENT OF ORDER.] A tribunal issuing 
  6.26  an order that establishes or modifies a payment shall issue an 
  6.27  income withholding order in conformity with section 518.613, 
  6.28  subdivision 2.  The automatic income withholding order shall 
  6.29  include the name of the obligor, the obligor's social security 
  6.30  number, the obligor's date of birth, and the name and address of 
  6.31  the obligor's employer.  Both the street mailing address and the 
  6.32  electronic mail address for the central collections unit shall 
  6.33  be included in each automatic income withholding order issued by 
  6.34  a tribunal. 
  6.35     Subd. 6.  [TRANSMITTAL OF ORDER TO THE LOCAL AGENCY BY THE 
  6.36  TRIBUNAL.] The tribunal shall transmit a copy of the order 
  7.1   establishing or modifying the payment, and a copy of the 
  7.2   automatic income withholding order, to the local child support 
  7.3   agency within two working days of the approval of the order by 
  7.4   the judge or administrative law judge, or other person or entity 
  7.5   authorized to sign the automatic withholding order. 
  7.6      Subd. 7.  [TRANSMITTAL OF FUNDS FROM THE OBLIGOR OR PAYOR 
  7.7   OF FUNDS TO THE CENTRAL COLLECTIONS UNIT.] The obligor or other 
  7.8   payor of funds shall identify the obligor on the check or 
  7.9   remittance by name, payor number, and social security number, 
  7.10  and shall comply with section 518.611, subdivision 4. 
  7.11     Subd. 8.  [SANCTION FOR CHECKS DRAWN ON INSUFFICIENT 
  7.12  FUNDS.] A notice shall be directed to any person or entity 
  7.13  submitting a check drawn on insufficient funds stating that 
  7.14  future payment must be paid by cash or certified funds.  The 
  7.15  central collections unit and the local child support agency are 
  7.16  authorized to refuse a check from a person or entity that has 
  7.17  been given notice that payments must be in cash or certified 
  7.18  funds. 
  7.19     Subd. 9.  [ADMISSIBILITY OF PAYMENT RECORDS.] A copy of the 
  7.20  record of payments maintained by the central collections unit in 
  7.21  section 518.5852 shall be admissible evidence in all tribunals 
  7.22  as proof of payments made through the central collections unit 
  7.23  without the need of testimony to prove authenticity. 
  7.24     Subd. 10.  [TRANSITION PROVISIONS.] (a) The commissioner of 
  7.25  human services shall develop a plan for the implementation of 
  7.26  the central collections unit.  The plan shall require that 
  7.27  payments be redirected to the central collections unit.  
  7.28  Payments may be redirected in groups according to county of 
  7.29  origin, county of payment, method of payment, type of case, or 
  7.30  any other distinguishing factor designated by the commissioner. 
  7.31     (b) Notice that payments must be made to the central 
  7.32  collections unit shall be provided to the obligor, and to the 
  7.33  payor of funds within 30 days prior to the redirection of 
  7.34  payments to the central collections unit.  After the notice has 
  7.35  been provided to the obligor or payor of funds, mailed payments 
  7.36  received by a local child support agency shall be forwarded to 
  8.1   the central collections unit.  A notice shall be sent to the 
  8.2   obligor or payor of funds stating that payment application may 
  8.3   be delayed and provide directions to submit future payment to 
  8.4   the central collections unit. 
  8.5      Sec. 4.  [EFFECTIVE DATE.] 
  8.6      Sections 1 to 3 (518.5851; 518.5852; and 518.5853) are 
  8.7   effective January 1, 1997. 
  8.8                              ARTICLE 3
  8.9            CHILD SUPPORT DATA COLLECTION AND PUBLICATION 
  8.10     Section 1.  Minnesota Statutes 1994, section 256.978, 
  8.11  subdivision 1, is amended to read: 
  8.12     Subdivision 1.  [REQUEST FOR INFORMATION.] The commissioner 
  8.13  of human services, in order to locate a person to establish 
  8.14  paternity, child support, or to enforce a child support 
  8.15  obligation in arrears, may request information reasonably 
  8.16  necessary to the inquiry from the records of all departments, 
  8.17  boards, bureaus, or other agencies of this state, which shall, 
  8.18  notwithstanding the provisions of section 268.12, subdivision 
  8.19  12, or any other law to the contrary, provide the information 
  8.20  necessary for this purpose.  Employers, utility companies, 
  8.21  insurance companies, financial institutions, and labor 
  8.22  associations doing business in this state shall provide 
  8.23  information as provided under subdivision 2 upon written request 
  8.24  by an agency responsible for child support enforcement regarding 
  8.25  individuals owing or allegedly owing a duty to support within 30 
  8.26  days of the receipt of the written request made by the public 
  8.27  authority.  Information requested and used or transmitted by the 
  8.28  commissioner pursuant to the authority conferred by this section 
  8.29  may be made available only to public officials and agencies of 
  8.30  this state and its political subdivisions and other states of 
  8.31  the union and their political subdivisions who are seeking to 
  8.32  enforce the support liability of parents or to locate parents.  
  8.33  The commissioner may not release the information to an agency or 
  8.34  political subdivision of another state unless the agency or 
  8.35  political subdivision is directed to maintain the data 
  8.36  consistent with its classification in this state.  Information 
  9.1   obtained under this section may not be released except to the 
  9.2   extent necessary for the administration of the child support 
  9.3   enforcement program or when otherwise authorized by law.  
  9.4      Sec. 2.  Minnesota Statutes 1994, section 518.575, is 
  9.5   amended to read: 
  9.6      518.575 [PUBLICATION OF NAMES OF DELINQUENT CHILD SUPPORT 
  9.7   OBLIGORS.] 
  9.8      Every three months At least once each year, the department 
  9.9   commissioner of human services shall publish in the newspaper of 
  9.10  widest circulation in each county a list of the names and last 
  9.11  known addresses of each person who (1) is a child support 
  9.12  obligor, (2) resides in the county, (3) is at least $3,000 in 
  9.13  arrears, and (4) (3) has not made a child support payment, or 
  9.14  has made only partial child support payments that total less 
  9.15  than 25 percent of the amount of child support owed, for the 
  9.16  last 12 months including in the preceding six months, excluding 
  9.17  any payments made through the interception of federal or state 
  9.18  taxes.  The rate charged for publication shall be the 
  9.19  newspaper's lowest classified display rate, including all 
  9.20  available discounts.  The commissioner of human services shall 
  9.21  determine the manner of publication.  An obligor's name may not 
  9.22  be published if the obligor claims in writing, and 
  9.23  the department commissioner of human services determines, there 
  9.24  is good cause for the nonpayment of child support.  Good cause 
  9.25  includes the following:  (i) there is a mistake in the obligor's 
  9.26  identity or the amount of the obligor's arrears; (ii) the 
  9.27  obligor receives public assistance under sections 256.031 to 
  9.28  256.0361 and 256.72 to 256.87; or (iii) the obligor has filed 
  9.29  bankruptcy, arrears are reserved by the court, or there is a 
  9.30  pending legal action concerning the unpaid child support.  The 
  9.31  list must be based on the best information available to the 
  9.32  state at the time of publication. 
  9.33     Before publishing the name of the obligor, the department 
  9.34  of human services shall send a notice to the obligor's last 
  9.35  known address which states the department's intention to publish 
  9.36  the obligor's name and the amount of child support the obligor 
 10.1   owes.  The notice must also provide an opportunity to have the 
 10.2   obligor's name removed from the list by paying the arrearage or 
 10.3   by entering into an agreement to pay the arrearage, and the 
 10.4   final date when the payment or agreement can be accepted. 
 10.5      The department of human services shall insert with the 
 10.6   notices sent to the obligee, a notice stating the intent to 
 10.7   publish the obligor's name, and the criteria used to determine 
 10.8   the publication of the obligor's name. 
 10.9      Sec. 3.  Minnesota Statutes 1994, section 518.611, 
 10.10  subdivision 1, is amended to read: 
 10.11     Subdivision 1.  [ORDER.] Whenever an obligation for support 
 10.12  of a dependent child or maintenance of a spouse, or both, is 
 10.13  determined and ordered by a court of this state, the amount of 
 10.14  child support or maintenance as determined by court order must 
 10.15  be withheld from the income, regardless of source, of the person 
 10.16  obligated to pay the support or maintenance, and paid through 
 10.17  the public authority.  The court shall provide a copy of any 
 10.18  order where withholding is ordered to the public authority 
 10.19  responsible for support collections.  Every order for 
 10.20  maintenance or support must include: 
 10.21     (1) the obligor's social security number and date of birth 
 10.22  and the name and address of the obligor's employer or other 
 10.23  payor of funds; and 
 10.24     (2) provisions for the obligor to keep the public authority 
 10.25  informed of the name and address of the obligor's current 
 10.26  employer or payor of funds, and whether the obligor has access 
 10.27  to employment-related health insurance coverage and, if so, the 
 10.28  health insurance policy information. 
 10.29     Sec. 4.  Minnesota Statutes 1994, section 518.611, 
 10.30  subdivision 2, is amended to read: 
 10.31     Subd. 2.  [CONDITIONS OF INCOME WITHHOLDING.] (a) 
 10.32  Withholding shall result when:  
 10.33     (1) the obligor requests it in writing to the public 
 10.34  authority; 
 10.35     (2) the custodial parent requests it by making a motion to 
 10.36  the court; or 
 11.1      (3) the obligor fails to make the maintenance or support 
 11.2   payments, and the following conditions are met:  
 11.3      (i) the obligor is at least 30 days in arrears; 
 11.4      (ii) the obligee or the public authority serves written 
 11.5   notice of income withholding, showing arrearage, on the obligor 
 11.6   at least 15 days before service of the notice of income 
 11.7   withholding and a copy of the court's order on the payor of 
 11.8   funds; 
 11.9      (iii) within the 15-day period, the obligor fails to move 
 11.10  the court to deny withholding on the grounds that an arrearage 
 11.11  of at least 30 days does not exist as of the date of the notice 
 11.12  of income withholding, or on other grounds limited to mistakes 
 11.13  of fact, and, ex parte, to stay service on the payor of funds 
 11.14  until the motion to deny withholding is heard; 
 11.15     (iv) the obligee or the public authority serves a copy of 
 11.16  the notice of income withholding, a copy of the court's order or 
 11.17  notice of order, sends the payor of funds a notice of the 
 11.18  withholding requirements and the provisions of this section on 
 11.19  the payor of funds; and 
 11.20     (v) the obligee serves on the public authority a copy of 
 11.21  the notice of income withholding, a copy of the court's order, 
 11.22  an application, and the fee to use the public authority's 
 11.23  collection services.  
 11.24  For those persons not applying for the public authority's IV-D 
 11.25  services, a monthly service fee of $15 must be charged to the 
 11.26  obligor in addition to the amount of child support ordered by 
 11.27  the court and withheld through automatic income withholding, or 
 11.28  for persons applying for the public authority's IV-D services, 
 11.29  the service fee under section 518.551, subdivision 7, applies.  
 11.30  The county agency shall explain to affected persons the services 
 11.31  available and encourage the applicant to apply for IV-D services.
 11.32     (b) To pay the arrearage specified in the notice of income 
 11.33  withholding, The employer or payor of funds shall withhold from 
 11.34  the obligor's income an additional amount equal to 20 percent of 
 11.35  the monthly child support or maintenance obligation until the 
 11.36  arrearage is paid. 
 12.1      (c) The obligor may move the court, under section 518.64, 
 12.2   to modify the order respecting the amount of maintenance or 
 12.3   support. 
 12.4      (d) Every order for support or maintenance shall provide 
 12.5   for a conspicuous notice of the provisions of this subdivision 
 12.6   that complies with section 518.68, subdivision 2.  An order 
 12.7   without this notice remains subject to this subdivision. 
 12.8      (e) Absent a court order to the contrary, if an arrearage 
 12.9   exists at the time an order for ongoing support or maintenance 
 12.10  would otherwise terminate, income withholding shall continue in 
 12.11  effect in an amount equal to the former support or maintenance 
 12.12  obligation plus an additional amount equal to 20 percent of the 
 12.13  monthly child support obligation, until all arrears have been 
 12.14  paid in full. 
 12.15     Sec. 5.  Minnesota Statutes 1994, section 518.611, 
 12.16  subdivision 8a, is amended to read: 
 12.17     Subd. 8a.  [LUMP SUM PAYMENTS.] (a) Upon the Before 
 12.18  transmittal of the last reimbursement payment to the employee, 
 12.19  where obligor of a lump sum payment including, but not limited 
 12.20  to, severance pay, accumulated sick pay or, vacation pay is paid 
 12.21  upon termination of employment, and where the employee is in 
 12.22  arrears in making court ordered child support payments, the 
 12.23  employer shall withhold an amount which is the lesser of (1) the 
 12.24  amount in arrears or (2) that portion of the arrearages which is 
 12.25  the product of the obligor's monthly court ordered support 
 12.26  amount multiplied by the number of months of net income that the 
 12.27  lump sum payment represents.  
 12.28     (b) bonuses, commissions, or other pay or benefits, an 
 12.29  employer, trustee, or other payor of funds who has been served 
 12.30  with a notice of income withholding under subdivision 2 or 
 12.31  section 518.613 must:  
 12.32     (1) notify the public authority of any lump sum payment of 
 12.33  $500 or more that is to be paid to the obligor; 
 12.34     (2) hold the lump sum payment for 30 days after the date on 
 12.35  which the lump sum payment would otherwise have been paid to the 
 12.36  obligor, notwithstanding sections 181.08, 181.101, 181.11, 
 13.1   181.13, and 181.145; and 
 13.2      (3) upon order of the court, pay any specified amount of 
 13.3   the lump sum payment to the public authority for future support. 
 13.4   or reimbursement of support judgment, judgments, or arrearages; 
 13.5   or 
 13.6      (4) upon service by United States mail of a sworn affidavit 
 13.7   from the public authority or a court order stating: 
 13.8      (i) that a judgment entered pursuant to section 548.091, 
 13.9   subdivision 1a, exists against the obligor, or that other 
 13.10  support arrearages exist; 
 13.11     (ii) that a portion of the judgment, judgments, or 
 13.12  arrearages remains unpaid; and 
 13.13     (iii) the current balance of the judgment, judgments, or 
 13.14  arrearages, the payor of funds shall pay to the public authority 
 13.15  the lesser of the amount of the lump sum payment or the total 
 13.16  amount of judgments plus arrearages as stated in affidavit or 
 13.17  court order subject to the limits imposed under the consumer 
 13.18  credit protection act. 
 13.19     Sec. 6.  Minnesota Statutes 1994, section 518.613, 
 13.20  subdivision 1, is amended to read: 
 13.21     Subdivision 1.  [GENERAL.] Notwithstanding any provision of 
 13.22  section 518.611, subdivision 2 or 3, to the contrary, whenever 
 13.23  an obligation for child support or maintenance, enforced by the 
 13.24  public authority, is initially determined and ordered or 
 13.25  modified by the court in a county in which this section applies, 
 13.26  the amount of child support or maintenance ordered by the court 
 13.27  and any fees assessed by the public authority responsible for 
 13.28  child support enforcement must be withheld from the income and 
 13.29  forwarded to the public authority, regardless of the source of 
 13.30  income, of the person obligated to pay the support. 
 13.31     Sec. 7.  Minnesota Statutes 1994, section 518.613, 
 13.32  subdivision 2, is amended to read: 
 13.33     Subd. 2.  [ORDER; COLLECTION SERVICES.] Every order for 
 13.34  child support must include the obligor's social security number 
 13.35  and date of birth and the name and address of the obligor's 
 13.36  employer or other payor of funds.  In addition, every order must 
 14.1   contain provisions requiring the obligor to keep the public 
 14.2   authority informed of the name and address of the obligor's 
 14.3   current employer, or other payor of funds and whether the 
 14.4   obligor has access to employment-related health insurance 
 14.5   coverage and, if so, the health insurance policy information.  
 14.6   Upon entry of the order for support or maintenance, the court 
 14.7   shall mail a copy of the court's automatic income withholding 
 14.8   order and the provisions of section 518.611 and this section to 
 14.9   the obligor's employer or other payor of funds and provide a 
 14.10  copy of the withholding order to the public authority 
 14.11  responsible for child support enforcement.  An obligee who is 
 14.12  not a recipient of public assistance must decide to either apply 
 14.13  for the IV-D collection services of the public authority or 
 14.14  obtain income withholding only services when an order for 
 14.15  support is entered unless the requirements of this section have 
 14.16  been waived under subdivision 7.  The supreme court shall 
 14.17  develop a standard automatic income withholding form to be used 
 14.18  by all Minnesota courts.  This form shall be made a part of any 
 14.19  order for support or decree by reference.  
 14.20     Sec. 8.  Minnesota Statutes 1994, section 518.614, 
 14.21  subdivision 1, is amended to read: 
 14.22     Subdivision 1.  [STAY OF SERVICE.] If the court finds there 
 14.23  is no arrearage in child support or maintenance as of the date 
 14.24  of the court hearing, the court shall stay service of the order 
 14.25  under section 518.613, subdivision 2, in a county in which that 
 14.26  section applies if the obligor establishes a savings account for 
 14.27  a sum equal to two months of the monthly child support or 
 14.28  maintenance obligation and provides proof of the establishment 
 14.29  to the court and the public authority on or before the day of 
 14.30  the court hearing determining the obligation.  This sum must be 
 14.31  held in a financial institution in an interest-bearing account 
 14.32  with only the public authority authorized as drawer of funds.  
 14.33  Proof of the establishment must include the financial 
 14.34  institution name and address, account number, and the amount of 
 14.35  deposit. 
 14.36     Sec. 9.  Minnesota Statutes 1994, section 518C.310, is 
 15.1   amended to read: 
 15.2      518C.310 [DUTIES OF STATE INFORMATION AGENCY.] 
 15.3      (a) The unit within the department of human services that 
 15.4   receives and disseminates incoming interstate actions under 
 15.5   title IV-D of the Social Security Act from section 518C.02, 
 15.6   subdivision 1a, is the state information agency under this 
 15.7   chapter. 
 15.8      (b) The state information agency shall: 
 15.9      (1) compile and maintain a current list, including 
 15.10  addresses, of the tribunals in this state which have 
 15.11  jurisdiction under this chapter and any support enforcement 
 15.12  agencies in this state and transmit a copy to the state 
 15.13  information agency of every other state; 
 15.14     (2) maintain a register of tribunals and support 
 15.15  enforcement agencies received from other states; 
 15.16     (3) forward to the appropriate tribunal in the place in 
 15.17  this state in which the individual obligee or the obligor 
 15.18  resides, or in which the obligor's property is believed to be 
 15.19  located, all documents concerning a proceeding under this 
 15.20  chapter received from an initiating tribunal or the state 
 15.21  information agency of the initiating state; and 
 15.22     (4) obtain information concerning the location of the 
 15.23  obligor and the obligor's property within this state not exempt 
 15.24  from execution, by such means as postal verification and federal 
 15.25  or state locator services, examination of telephone directories, 
 15.26  requests for the obligor's address from employers, and 
 15.27  examination of governmental records, including, to the extent 
 15.28  not prohibited by other law, those relating to real property, 
 15.29  vital statistics, law enforcement, taxation, motor vehicles, 
 15.30  driver's licenses, and social security. 
 15.31     (5) Determine which foreign jurisdictions and Indian tribes 
 15.32  have substantially similar procedures for issuance and 
 15.33  enforcement of support orders.  The state information agency 
 15.34  will compile and maintain a list, including addresses, of all 
 15.35  such foreign jurisdictions and Indian tribes.  The state 
 15.36  information agency will make this list available to all state 
 16.1   tribunals and all support enforcement agencies. 
 16.2      Sec. 10.  Minnesota Statutes 1994, section 548.15, is 
 16.3   amended to read: 
 16.4      548.15 [DISCHARGE OF RECORD.] 
 16.5      Upon the satisfaction of a judgment, whether wholly or in 
 16.6   part, or as relating to all or any of several defendants, the 
 16.7   court administrator shall enter the satisfaction in the judgment 
 16.8   roll, and note it, with its date, on the docket.  If the 
 16.9   docketing is upon a transcript from another county, the entry on 
 16.10  the docket is sufficient.  A judgment is satisfied when there is 
 16.11  filed with the court administrator: 
 16.12     (1) an execution satisfied, to the extent stated in the 
 16.13  sheriff's return on it; 
 16.14     (2) a certificate of satisfaction signed and acknowledged 
 16.15  by the judgment creditor; 
 16.16     (3) a like certificate signed and acknowledged by the 
 16.17  attorney of the creditor, unless that attorney's authority as 
 16.18  attorney has previously been revoked and an entry of the 
 16.19  revocation made upon the register; the authority of an attorney 
 16.20  to satisfy a judgment ceases at the end of six years from its 
 16.21  entry; 
 16.22     (4) an order of the court, made on motion, requiring the 
 16.23  execution of a certificate of satisfaction, or directing 
 16.24  satisfaction to be entered without it; 
 16.25     (5) where a judgment is docketed on transcript, a copy of 
 16.26  either of the foregoing documents, certified by the court 
 16.27  administrator in which the judgment was originally entered and 
 16.28  in which the originals were filed. 
 16.29     A satisfaction made in the name of a partnership is valid 
 16.30  if executed by a member of it while the partnership continues.  
 16.31  The judgment creditor, or the creditor's attorney while the 
 16.32  attorney's authority continues, may also satisfy a judgment of 
 16.33  record by a brief entry on the register, signed by the creditor 
 16.34  or the creditor's attorney and dated and witnessed by the court 
 16.35  administrator, who shall note the satisfaction on the margin of 
 16.36  the docket.  When a judgment is fully satisfied otherwise other 
 17.1   than by return of execution, the judgment creditor or the 
 17.2   creditor's attorney shall file a certificate of it with the 
 17.3   court administrator within ten days after the full satisfaction 
 17.4   or within 30 days of payment in full by check or other 
 17.5   noncertified funds. 
 17.6      Sec. 11.  Minnesota Statutes 1994, section 609.375, 
 17.7   subdivision 1, is amended to read: 
 17.8      Subdivision 1.  Whoever is legally obligated to provide 
 17.9   care and support to a spouse who is in necessitous 
 17.10  circumstances, or child, whether or not its custody has been 
 17.11  granted to another, and knowingly omits and fails without lawful 
 17.12  excuse to do so is guilty of a misdemeanor, and upon conviction 
 17.13  may be sentenced to imprisonment for not more than 90 days or to 
 17.14  payment of a fine of not more than $700, or both. 
 17.15     Sec. 12.  [REPEALER.] 
 17.16     Minnesota Statutes 1994, section 518.561, is repealed 
 17.17  effective January 1, 1997. 
 17.18     Sec. 13.  [EFFECTIVE DATE.] 
 17.19     Sections 1 to 10 (256.978, subdivision 1; 518.575; 518.611, 
 17.20  subdivision 1; 518.611, subdivision 2; 518.611, subdivision 8a; 
 17.21  518.613, subdivision 1; 518.613, subdivision 2; 518.614, 
 17.22  subdivision 1; 518C.310; and 548.15) are effective July 1, 1995.