3rd Engrossment - 79th Legislature (1995 - 1996) Posted on 12/15/2009 12:00am
1.1 A bill for an act 1.2 relating to family law; child support, custody and 1.3 visitation; providing for motor vehicle liens and 1.4 driver license suspension for support arrears; 1.5 creating administrative seek employment orders and an 1.6 obligor work experience program; creating an 1.7 employment registry for support enforcement purposes; 1.8 establishing a child support payment center; providing 1.9 for child support data collection and publication; 1.10 changing provisions relating to recognition of 1.11 parentage; changing provisions relating to 1.12 administrative process for support and maintenance; 1.13 providing for child support collection; allowing 1.14 consideration of interference with visitation in a 1.15 motion to modify custody; authorizing the noncustodial 1.16 parent to provide child care while the custodial 1.17 parent is at work; creating the cooperation for the 1.18 children program; appropriating money; amending 1.19 Minnesota Statutes 1994, sections 13.46, subdivision 1.20 2; 168A.05, subdivisions 2, 3, 7, and by adding a 1.21 subdivision; 168A.16; 168A.20, by adding a 1.22 subdivision; 168A.21; 168A.29, subdivision 1; 214.101, 1.23 subdivisions 1 and 4; 256.87, subdivision 5; 256.978, 1.24 subdivision 1; 256H.02; 257.34, by adding a 1.25 subdivision; 257.55, subdivision 1; 257.57, 1.26 subdivision 2; 257.60; 257.67, subdivision 1; 257.75, 1.27 subdivision 3, and by adding a subdivision; 518.171, 1.28 subdivision 2a; 518.18; 518.24; 518.551, subdivisions 1.29 5, 12, and by adding subdivisions; 518.5511, 1.30 subdivisions 1, 2, 3, 4, 5, 7, and 9; 518.575; 1.31 518.611, subdivisions 1, 2, 5, 6, and 8a; 518.613, 1.32 subdivisions 1 and 2; 518.614, subdivision 1; 518.64, 1.33 subdivision 4, and by adding a subdivision; 518C.310; 1.34 548.15; and 609.375, subdivision 1; proposing coding 1.35 for new law in Minnesota Statutes, chapters 145; 171; 1.36 256; 257; 518; and 548; repealing Minnesota Statutes 1.37 1994, sections 214.101, subdivisions 2 and 3; 518.561; 1.38 518.611, subdivision 8; and 518.64, subdivision 6. 1.39 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 1.40 ARTICLE 1 1.41 MOTOR VEHICLE LIENS AND DRIVER LICENSE SUSPENSION 1.42 Section 1. Minnesota Statutes 1994, section 13.46, 2.1 subdivision 2, is amended to read: 2.2 Subd. 2. [GENERAL.] (a) Unless the data is summary data or 2.3 a statute specifically provides a different classification, data 2.4 on individuals collected, maintained, used, or disseminated by 2.5 the welfare system is private data on individuals, and shall not 2.6 be disclosed except: 2.7 (1) pursuant to section 13.05; 2.8 (2) pursuant to court order; 2.9 (3) pursuant to a statute specifically authorizing access 2.10 to the private data; 2.11 (4) to an agent of the welfare system, including a law 2.12 enforcement person, attorney, or investigator acting for it in 2.13 the investigation or prosecution of a criminal or civil 2.14 proceeding relating to the administration of a program; 2.15 (5) to personnel of the welfare system who require the data 2.16 to determine eligibility, amount of assistance, and the need to 2.17 provide services of additional programs to the individual; 2.18 (6) to administer federal funds or programs; 2.19 (7) between personnel of the welfare system working in the 2.20 same program; 2.21 (8) the amounts of cash public assistance and relief paid 2.22 to welfare recipients in this state, including their names and 2.23 social security numbers, upon request by the department of 2.24 revenue to administer the property tax refund law, supplemental 2.25 housing allowance, and the income tax; 2.26 (9) to the Minnesota department of economic security for 2.27 the purpose of monitoring the eligibility of the data subject 2.28 for reemployment insurance, for any employment or training 2.29 program administered, supervised, or certified by that agency, 2.30 or for the purpose of administering any rehabilitation program, 2.31 whether alone or in conjunction with the welfare system, and to 2.32 verify receipt of energy assistance for the telephone assistance 2.33 plan; 2.34 (10) to appropriate parties in connection with an emergency 2.35 if knowledge of the information is necessary to protect the 2.36 health or safety of the individual or other individuals or 3.1 persons; 3.2 (11) data maintained by residential facilities as defined 3.3 in section 245A.02 may be disclosed to the protection and 3.4 advocacy system established in this state pursuant to Part C of 3.5 Public Law Number 98-527 to protect the legal and human rights 3.6 of persons with mental retardation or other related conditions 3.7 who live in residential facilities for these persons if the 3.8 protection and advocacy system receives a complaint by or on 3.9 behalf of that person and the person does not have a legal 3.10 guardian or the state or a designee of the state is the legal 3.11 guardian of the person; 3.12 (12) to the county medical examiner or the county coroner 3.13 for identifying or locating relatives or friends of a deceased 3.14 person; 3.15 (13) data on a child support obligor who makes payments to 3.16 the public agency may be disclosed to the higher education 3.17 coordinating board to the extent necessary to determine 3.18 eligibility under section 136A.121, subdivision 2, clause (5); 3.19 (14) participant social security numbers and names 3.20 collected by the telephone assistance program may be disclosed 3.21 to the department of revenue to conduct an electronic data match 3.22 with the property tax refund database to determine eligibility 3.23 under section 237.70, subdivision 4a; 3.24 (15) the current address of a recipient of aid to families 3.25 with dependent children may be disclosed to law enforcement 3.26 officers who provide the name and social security number of the 3.27 recipient and satisfactorily demonstrate that: (i) the 3.28 recipient is a fugitive felon, including the grounds for this 3.29 determination; (ii) the location or apprehension of the felon is 3.30 within the law enforcement officer's official duties; and (iii) 3.31 the request is made in writing and in the proper exercise of 3.32 those duties; 3.33 (16) the current address of a recipient of general 3.34 assistance, work readiness, or general assistance medical care 3.35 may be disclosed to probation officers and corrections agents 3.36 who are supervising the recipient, and to law enforcement 4.1 officers who are investigating the recipient in connection with 4.2 a felony level offense; 4.3 (17) information obtained from food stamp applicant or 4.4 recipient households may be disclosed to local, state, or 4.5 federal law enforcement officials, upon their written request, 4.6 for the purpose of investigating an alleged violation of the 4.7 food stamp act, in accordance with Code of Federal Regulations, 4.8 title 7, section 272.1(c);
or4.9 (18) data on a child support obligor who is in arrears may 4.10 be disclosed for purposes of publishing the data pursuant to 4.11 section 518.575; or 4.12 (19) data in the employment registry may be disclosed under 4.13 section 256.998, subdivision 7. 4.14 (b) Information on persons who have been treated for drug 4.15 or alcohol abuse may only be disclosed in accordance with the 4.16 requirements of Code of Federal Regulations, title 42, sections 4.17 2.1 to 2.67. 4.18 (c) Data provided to law enforcement agencies under 4.19 paragraph (a), clause (15), (16), or (17), or paragraph (b), are 4.20 investigative data and are confidential or protected nonpublic 4.21 while the investigation is active. The data are private after 4.22 the investigation becomes inactive under section 13.82, 4.23 subdivision 5, paragraph (a) or (b). 4.24 (d) Mental health data shall be treated as provided in 4.25 subdivisions 7, 8, and 9, but is not subject to the access 4.26 provisions of subdivision 10, paragraph (b). 4.27 Sec. 2. Minnesota Statutes 1994, section 168A.05, 4.28 subdivision 2, is amended to read: 4.29 Subd. 2. [RECORD OF CERTIFICATES ISSUED.] The department 4.30 shall maintain a record of all certificates of title issued by 4.31 it: 4.32 (1) Under a distinctive title number assigned to the 4.33 vehicle; 4.34 (2) By vehicle identifying number; 4.35 (3) Alphabetically, under the name of the owner. 4.36 Such record shall consist of the certificate of title, 5.1 including the notations of all security interests recorded, 5.2 assigned, terminated, or released and liens filed pursuant to a 5.3 court order or by a public authority responsible for child 5.4 support enforcement of which the department has notice, of 5.5 duplicate certificates issued or applied for, and such other 5.6 information as the department may deem proper. 5.7 Sec. 3. Minnesota Statutes 1994, section 168A.05, 5.8 subdivision 3, is amended to read: 5.9 Subd. 3. [CONTENT OF CERTIFICATE.] Each certificate of 5.10 title issued by the department shall contain: 5.11 (1) the date issued; 5.12 (2) the first, middle, and last names, the dates of birth, 5.13 and addresses of all owners who are natural persons, the full 5.14 names and addresses of all other owners; 5.15 (3) the names and addresses of any secured parties in the 5.16 order of priority as shown on the application, or if the 5.17 application is based on a certificate of title, as shown on the 5.18 certificate, or as otherwise determined by the department; 5.19 (4) any liens filed by a public agency responsible for 5.20 child support enforcement against the owner; 5.21 (5) the title number assigned to the vehicle; 5.22 (5)(6) a description of the vehicle including, so far as 5.23 the following data exists, its make, model, year, identifying 5.24 number, type of body, whether new or used, and if a new vehicle, 5.25 the date of the first sale of the vehicle for use; 5.26 (6)(7) with respect to motor vehicles subject to the 5.27 provisions of section 325E.15, the true cumulative mileage 5.28 registered on the odometer or that the actual mileage is unknown 5.29 if the odometer reading is known by the owner to be different 5.30 from the true mileage; 5.31 (7)(8) with respect to vehicles subject to sections 5.32 325F.6641 and 325F.6642, the appropriate term "flood damaged," 5.33 "rebuilt," "prior salvage," or "reconstructed"; and 5.34 (8)(9) any other data the department prescribes. 5.35 Sec. 4. Minnesota Statutes 1994, section 168A.05, 5.36 subdivision 7, is amended to read: 6.1 Subd. 7. [JUDICIAL PROCESS RELATING TO CERTIFICATE OR 6.2 VEHICLE.] A certificate of title for a vehicle is not subject to 6.3 garnishment, attachment, execution, or other judicial process, 6.4 but this subdivision does not prevent a lawful levy upon the 6.5 vehicle or the lawful enforcement of an administrative lien or 6.6 judgment debt or lien filed pursuant to a court order or by a 6.7 public authority responsible for child support enforcement. 6.8 Sec. 5. Minnesota Statutes 1994, section 168A.05, is 6.9 amended by adding a subdivision to read: 6.10 Subd. 8. [LIENS FILED FOR ENFORCEMENT OF CHILD 6.11 SUPPORT.] This subdivision applies if the court or a public 6.12 authority responsible for child support enforcement orders or 6.13 directs the commissioner to enter a lien, as provided in section 6.14 518.551, subdivision 14. If a certificate of title is applied 6.15 for by the owner, the department shall enter a lien on the title 6.16 in the name of the state of Minnesota or in the name of the 6.17 obligee in accordance with the notice. The lien on the title is 6.18 subordinate to any bona fide purchase money security interest as 6.19 defined in section 336.9-107 regardless of when the purchase 6.20 money security interest is perfected. With respect to all other 6.21 security interests, the lien is perfected as of the date entered 6.22 on the title. The lien is subject to an exemption in an amount 6.23 of $4,500. 6.24 Sec. 6. Minnesota Statutes 1994, section 168A.16, is 6.25 amended to read: 6.26 168A.16 [INAPPLICABLE LIENS AND SECURITY INTERESTS.] 6.27 (a) Sections 168A.01 to 168A.31 do not apply to or affect: 6.28 (1) A lien given by statute or rule of law to a supplier of 6.29 services or materials for the vehicle; 6.30 (2) A lien given by statute to the United States , this6.31 state, or any political subdivision of this state; 6.32 (3) A security interest in a vehicle created by a 6.33 manufacturer or dealer who holds the vehicle for sale. 6.34 (b) Sections 168A.17 to 168A.19 do not apply to or affect a 6.35 lien given by statute or assignment to this state or any 6.36 political subdivision of this state. 7.1 Sec. 7. Minnesota Statutes 1994, section 168A.20, is 7.2 amended by adding a subdivision to read: 7.3 Subd. 4. [SATISFACTION OF LIEN FOR CHILD SUPPORT.] If the 7.4 secured party is a public authority or a child support or 7.5 maintenance obligee with a lien under section 168A.05, 7.6 subdivision 8, upon either the satisfaction of a security 7.7 interest in a vehicle for which the certificate of title is in 7.8 the possession of the owner, or the execution by the owner of a 7.9 written payment agreement determined to be acceptable by the 7.10 court, an administrative law judge, the public authority, or the 7.11 obligee, within 15 days the secured party shall execute a 7.12 release of security interest on the form prescribed by the 7.13 department and mail or deliver the notification with release to 7.14 the owner or any person who delivers to the secured party an 7.15 authorization from the owner to receive the release. 7.16 Sec. 8. Minnesota Statutes 1994, section 168A.21, is 7.17 amended to read: 7.18 168A.21 [DISCLOSURE OF SECURITY INTEREST.] 7.19 Subdivision 1. [GENERAL.] A secured party named in a 7.20 certificate of title shall upon written request of the owner or 7.21 of another secured party named on the certificate disclose any 7.22 pertinent information as to the security agreement and the 7.23 indebtedness secured by it. 7.24 Subd. 2. [CHILD SUPPORT.] A secured party that is a public 7.25 authority or an obligee with a lien under section 168A.05, 7.26 subdivision 8, shall, upon written request of the owner, 7.27 disclose the amount of the judgment debt secured. 7.28 Sec. 9. Minnesota Statutes 1994, section 168A.29, 7.29 subdivision 1, is amended to read: 7.30 Subdivision 1. [AMOUNTS.] (a) The department shall be paid 7.31 the following fees: 7.32 (1) for filing an application for and the issuance of an 7.33 original certificate of title, the sum of $2; 7.34 (2) for each security interest when first noted upon a 7.35 certificate of title, including the concurrent notation of any 7.36 assignment thereof and its subsequent release or satisfaction, 8.1 the sum of $2, except that no fee is due for a security interest 8.2 filed by a public authority under section 168A.05, subdivision 8.3 8; 8.4 (3) for the transfer of the interest of an owner and the 8.5 issuance of a new certificate of title, the sum of $2; 8.6 (4) for each assignment of a security interest when first 8.7 noted on a certificate of title, unless noted concurrently with 8.8 the security interest, the sum of $1; 8.9 (5) for issuing a duplicate certificate of title, the sum 8.10 of $4. 8.11 (b) In addition to each of the fees required under 8.12 paragraph (a), clauses (1) and (3), the department shall be paid: 8.13 (1) from July 1, 1994, to June 30, 1997, $3.50; but then 8.14 (2) after June 30, 1997, $1. 8.15 The additional fee collected under this paragraph must be 8.16 deposited in the transportation services fund and credited to 8.17 the state patrol motor vehicle account established in section 8.18 299D.10. 8.19 Sec. 10. [171.186] [SUSPENSION; NONPAYMENT OF SUPPORT.] 8.20 Subdivision 1. [SUSPENSION.] The commissioner shall 8.21 suspend a person's drivers license or operating privileges 8.22 without a hearing upon receipt of a court order or notice from a 8.23 public authority responsible for child support enforcement that 8.24 states that the driver is in arrears in court-ordered child 8.25 support or maintenance payments, or both, in an amount equal to 8.26 or greater than three times the obligor's total monthly support 8.27 and maintenance payments and is not in compliance with a written 8.28 payment agreement regarding both current support and arrearages 8.29 approved by a court, an administrative law judge, or the public 8.30 authority responsible for child support enforcement, in 8.31 accordance with section 518.551, subdivision 13. 8.32 Subd. 2. [NOTICE.] Upon suspending a driver's license or 8.33 operating privileges under this section, the department shall 8.34 immediately notify the licensee, in writing, by mailing a notice 8.35 addressed to the licensee at the licensee's last known address. 8.36 Subd. 3. [DURATION.] A license or operating privilege must 9.1 remain suspended and may not be reinstated, nor may a license be 9.2 subsequently issued to the person, until the commissioner 9.3 receives notice from the court, an administrative law judge, or 9.4 the public authority responsible for child support enforcement 9.5 that the person is in compliance with all current orders of 9.6 support or written payment agreements regarding both current 9.7 support and arrearages. A fee may not be assessed for 9.8 reinstatement of a license under this section. 9.9 Sec. 11. Minnesota Statutes 1994, section 518.551, is 9.10 amended by adding a subdivision to read: 9.11 Subd. 13. [DRIVER'S LICENSE SUSPENSION.] (a) Upon motion 9.12 of an obligee, which has been properly served on the obligor and 9.13 upon which there has been an opportunity for hearing, if a court 9.14 finds that the obligor has been or may be issued a driver's 9.15 license by the commissioner of public safety and the obligor is 9.16 in arrears in court-ordered child support or maintenance 9.17 payments, or both, in an amount equal to or greater than three 9.18 times the obligor's total monthly support and maintenance 9.19 payments and is not in compliance with a written payment 9.20 agreement regarding both current support and arrearages approved 9.21 by the court, an administrative law judge, or the public 9.22 authority, the court shall order the commissioner of public 9.23 safety to suspend the obligor's driver's license. The court's 9.24 order must be stayed for 90 days in order to allow the obligor 9.25 to execute a written payment agreement regarding both current 9.26 support and arrearages, which payment agreement must be approved 9.27 by either the court or the public authority responsible for 9.28 child support enforcement. If the obligor has not executed or 9.29 is not in compliance with a written payment agreement regarding 9.30 both current support and arrearages after the 90 days expires, 9.31 the court's order becomes effective and the commissioner of 9.32 public safety shall suspend the obligor's driver's license. The 9.33 remedy under this subdivision is in addition to any other 9.34 enforcement remedy available to the court. An obligee may not 9.35 bring a motion under this paragraph within 12 months of a denial 9.36 of a previous motion under this paragraph. 10.1 (b) If a public authority responsible for child support 10.2 enforcement determines that the obligor has been or may be 10.3 issued a driver's license by the commissioner of public safety 10.4 and the obligor is in arrears in court-ordered child support or 10.5 maintenance payments or both in an amount equal to or greater 10.6 than three times the obligor's total monthly support and 10.7 maintenance payments and not in compliance with a written 10.8 payment agreement regarding both current support and arrearages 10.9 approved by the court, an administrative law judge, or the 10.10 public authority, the public authority shall direct the 10.11 commissioner of public safety to suspend the obligor's driver's 10.12 license. The remedy under this subdivision is in addition to 10.13 any other enforcement remedy available to the public authority. 10.14 (c) At least 90 days prior to notifying the commissioner of 10.15 public safety pursuant to paragraph (b), the public authority 10.16 must mail a written notice to the obligor at the obligor's last 10.17 known address, that it intends to seek suspension of the 10.18 obligor's driver's license and that the obligor must request a 10.19 hearing within 30 days in order to contest the suspension. If 10.20 the obligor makes a written request for a hearing within 30 days 10.21 of the date of the notice, either a court hearing or a contested 10.22 administrative proceeding must be held under section 518.5511, 10.23 subdivision 4. Notwithstanding any law to the contrary, the 10.24 obligor must be served with 14 days' notice in writing 10.25 specifying the time and place of the hearing and the allegations 10.26 against the obligor. The notice may be served personally or by 10.27 mail. If the public authority does not receive a request for a 10.28 hearing within 30 days of the date of the notice, and the 10.29 obligor does not execute a written payment agreement regarding 10.30 both current support and arrearages approved by the court, an 10.31 administrative law judge, or the public authority within 90 days 10.32 of the date of the notice, the public authority shall direct the 10.33 commissioner of public safety to suspend the obligor's driver's 10.34 license under paragraph (b). 10.35 (d) At a hearing requested by the obligor under paragraph 10.36 (c), and on finding that the obligor is in arrears in 11.1 court-ordered child support or maintenance payments or both in 11.2 an amount equal to or greater than three times the obligor's 11.3 total monthly support and maintenance payments, the district 11.4 court or the administrative law judge shall order the 11.5 commissioner of public safety to suspend the obligor's driver's 11.6 license or operating privileges unless the court or 11.7 administrative law judge determines that the obligor has 11.8 executed and is in compliance with a written payment agreement 11.9 regarding both current support and arrearages approved by the 11.10 court, an administrative law judge, or the public authority. 11.11 (e) An obligor whose driver's license or operating 11.12 privileges are suspended may provide proof to the court or the 11.13 public authority responsible for child support enforcement that 11.14 the obligor is in compliance with all written payment agreements 11.15 regarding both current support and arrearages. Within 15 days 11.16 of the receipt of that proof, the court or public authority 11.17 shall inform the commissioner of public safety that the 11.18 obligor's driver's license or operating privileges should no 11.19 longer be suspended. 11.20 (f) On January 1, 1997, and every two years after that, the 11.21 commissioner of human services shall submit a report to the 11.22 legislature that identifies the following information relevant 11.23 to the implementation of this section: 11.24 (1) the number of child support obligors notified of an 11.25 intent to suspend a driver's license; 11.26 (2) the amount collected in payments from the child support 11.27 obligors notified of an intent to suspend a driver's license; 11.28 (3) the number of cases paid in full and payment agreements 11.29 executed in response to notification of an intent to suspend a 11.30 driver's license; 11.31 (4) the number of cases in which there has been 11.32 notification and no payments or payment agreements; 11.33 (5) the number of driver's licenses suspended; and 11.34 (6) the cost of implementation and operation of the 11.35 requirements of this section. 11.36 Sec. 12. Minnesota Statutes 1994, section 518.551, is 12.1 amended by adding a subdivision to read: 12.2 Subd. 14. [MOTOR VEHICLE LIEN.] (a) Upon motion of an 12.3 obligee, if a court finds that the obligor is the registered 12.4 owner of a motor vehicle and the obligor is a debtor for a 12.5 judgment debt resulting from nonpayment of court-ordered child 12.6 support or maintenance payments, or both, in an amount equal to 12.7 or greater than three times the obligor's total monthly support 12.8 and maintenance payments, the court shall order the commissioner 12.9 of public safety to enter a lien in the name of the obligee or 12.10 in the name of the state of Minnesota, as appropriate, in 12.11 accordance with section 168A.05, subdivision 8, unless the court 12.12 finds that the obligor is in compliance with a written payment 12.13 agreement regarding both current support and arrearages approved 12.14 by the court, an administrative law judge, or the public 12.15 authority or that the obligor's interest in the motor vehicle is 12.16 valued at less than $4,500. The court's order must be stayed 12.17 for 90 days in order to allow the obligor to either execute a 12.18 written payment agreement regarding both current support and 12.19 arrearages, which agreement shall be approved by either the 12.20 court or the public authority responsible for child support 12.21 enforcement, or to allow the obligor to demonstrate that the 12.22 ownership interest in the motor vehicle is valued at less than 12.23 $4,500. If the obligor has not executed or is not in compliance 12.24 with a written payment agreement regarding both current support 12.25 and arrearages approved by the court, an administrative law 12.26 judge, or the public authority or has not demonstrated that the 12.27 ownership interest in the motor vehicle is valued at less than 12.28 $4,500 within the 90-day period, the court's order becomes 12.29 effective and the commissioner of public safety shall record the 12.30 lien. The remedy under this subdivision is in addition to any 12.31 other enforcement remedy available to the court. 12.32 (b) If a public authority responsible for child support 12.33 enforcement determines that the obligor is the registered owner 12.34 of a motor vehicle and the obligor is a debtor for judgment debt 12.35 resulting from nonpayment of court-ordered child support or 12.36 maintenance payments, or both, in an amount equal to or greater 13.1 than three times the obligor's total monthly support and 13.2 maintenance payments, the public authority shall direct the 13.3 commissioner of public safety to enter a lien in the name of the 13.4 obligee or in the name of the state of Minnesota, as 13.5 appropriate, under section 168A.05, subdivision 8, unless the 13.6 public authority determines that the obligor is in compliance 13.7 with a written payment agreement regarding both current support 13.8 and arrearages approved by the court, an administrative law 13.9 judge, or the public authority or that the obligor's ownership 13.10 interest in the motor vehicle is valued at less than $4,500. 13.11 The remedy under this subdivision is in addition to any other 13.12 enforcement remedy available to the public agency. 13.13 (c) At least 90 days prior to notifying the commissioner of 13.14 public safety pursuant to paragraph (b), the public authority 13.15 must mail a written notice to the obligor at the obligor's last 13.16 known address, that it intends to record a lien on the obligor's 13.17 motor vehicle certificate of title and that the obligor must 13.18 request a hearing within 30 days in order to contest the 13.19 action. If the obligor makes a written request for a hearing 13.20 within 30 days of the date of the notice, either a court hearing 13.21 or a contested administrative proceeding must be held under 13.22 section 518.5511, subdivision 4. Notwithstanding any law to the 13.23 contrary, the obligor must be served with 14 day's notice in 13.24 writing specifying the time and place of the hearing and the 13.25 allegations against the obligor. The notice may be served 13.26 personally or by mail. If the public authority does not receive 13.27 a request for a hearing within 30 days of the date of the notice 13.28 and the obligor does not execute a written payment agreement 13.29 regarding both current support and arrearages approved by the 13.30 court, an administrative law judge, or the public authority or 13.31 demonstrate to the public authority that the obligor's ownership 13.32 interest in the motor vehicle is valued at less than $4,500 13.33 within 90 days of the date of the notice, the public authority 13.34 shall direct the commissioner of public safety to record the 13.35 lien under paragraph (b). 13.36 (d) At a hearing requested by the obligor under paragraph 14.1 (c), and on finding that the obligor is in arrears in 14.2 court-ordered child support or maintenance payments or both in 14.3 an amount equal to or greater than three times the obligor's 14.4 total monthly support and maintenance payments, the district 14.5 court or the administrative law judge shall order the 14.6 commissioner of public safety to record the lien unless the 14.7 court or administrative law judge determines that: 14.8 (1) the obligor has executed and is in compliance with a 14.9 written payment agreement regarding both current support and 14.10 arrearages determined to be acceptable by the court, an 14.11 administrative law judge, or the public authority; or 14.12 (2) the obligor has demonstrated that the ownership 14.13 interest in the motor vehicle is valued at less than $4,500. 14.14 (e) An obligor who has had a lien recorded against a motor 14.15 vehicle certificate of title may provide proof to the court or 14.16 the public authority responsible for child support enforcement 14.17 that the obligor is in compliance with all written payment 14.18 agreements regarding both current support and arrearages. 14.19 Within 15 days of the receipt of that proof, the court or public 14.20 authority shall execute a release of security interest under 14.21 section 168A.20, subdivision 4, and mail or deliver the release 14.22 to the owner or other authorized person. 14.23 Sec. 13. [EFFECTIVE DATE.] 14.24 Sections 1 to 12 are effective January 1, 1996. 14.25 ARTICLE 2 14.26 SEEK EMPLOYMENT ORDERS AND 14.27 OBLIGOR WORK EXPERIENCE PROGRAM 14.28 Section 1. [256.997] [CHILD SUPPORT OBLIGOR COMMUNITY 14.29 SERVICE WORK EXPERIENCE PROGRAM.] 14.30 Subdivision 1. [AUTHORIZATION.] The commissioner of human 14.31 services may contract with a county that operates a community 14.32 work experience program or a judicial district department of 14.33 corrections that operates a community work experience program to 14.34 include child support obligors who are physically able to work 14.35 and fail to pay child support as participants in the community 14.36 work experience program. 15.1 Subd. 2. [LIMITATIONS.] (a) Except as provided in 15.2 paragraph (f), a person ordered to participate in a work program 15.3 because of a contempt citation under section 518.617 shall do so 15.4 if services are available. 15.5 (b) A person may not be required to participate for more 15.6 than 32 hours per week in the program under this section. 15.7 (c) A person may not be required to participate for more 15.8 than six weeks for each finding of contempt. 15.9 (d) If a person is required by a governmental entity to 15.10 participate in another work or training program, the person may 15.11 not be required to participate in a program under this section 15.12 in a week for more than 32 hours minus the number of hours the 15.13 person is required to participate in the other work or training 15.14 program in that week. 15.15 (e) If a person is employed, the person may not be required 15.16 to participate in a program under this section in a week for 15.17 more than 80 percent of the difference between 40 hours and the 15.18 number of hours actually worked in the unsubsidized job during 15.19 that week, to a maximum of 32 hours. 15.20 (f) A person who works an average of 32 hours or more per 15.21 week in an unsubsidized job is not required to participate in a 15.22 program under this section. 15.23 Subd. 3. [NOTICE TO COURT.] If a person completes six 15.24 weeks of participation in a program under this section, the 15.25 county operating the program shall inform the court 15.26 administrator, by affidavit, of that completion. 15.27 Subd. 4. [INJURY PROTECTION FOR WORK EXPERIENCE 15.28 PARTICIPANTS.] (a) This subdivision applies to payment of any 15.29 claims resulting from an alleged injury or death of a child 15.30 support obligor participating in a community work experience 15.31 program established and operated by a county or a judicial 15.32 district department of corrections under this section. 15.33 (b) Claims that are subject to this section must be 15.34 investigated by the county agency responsible for supervising 15.35 the work to determine whether the claimed injury occurred, 15.36 whether the claimed medical expenses are reasonable, and whether 16.1 the loss is covered by the claimant's insurance. If insurance 16.2 coverage is established, the county agency shall submit the 16.3 claim to the appropriate insurance entity for payment. The 16.4 investigating county agency shall submit all valid claims, in 16.5 the amount net of any insurance payments, to the commissioner of 16.6 human services. 16.7 (c) The commissioner of human services shall submit all 16.8 claims for impairment compensation to the commissioner of labor 16.9 and industry. The commissioner of labor and industry shall 16.10 review all submitted claims and recommend to the commissioner of 16.11 human services an amount of compensation comparable to that 16.12 which would be provided under the impairment compensation 16.13 schedule of section 176.101, subdivision 3b. 16.14 (d) The commissioner of human services shall approve a 16.15 claim of $1,000 or less for payment if appropriated funds are 16.16 available, if the county agency responsible for supervising the 16.17 work has made the determinations required by this section, and 16.18 if the work program was operated in compliance with the safety 16.19 provisions of this section. The commissioner shall pay the 16.20 portion of an approved claim of $1,000 or less that is not 16.21 covered by the claimant's insurance within three months of the 16.22 date of submission. On or before February 1 of each year, the 16.23 commissioner shall submit to the appropriate committees of the 16.24 senate and the house of representatives a list of claims of 16.25 $1,000 or less paid during the preceding calendar year and shall 16.26 be reimbursed by legislative appropriation for any claims that 16.27 exceed the original appropriation provided to the commissioner 16.28 to operate this program. Unspent money from this appropriation 16.29 carries over to the second year of the biennium, and any unspent 16.30 money remaining at the end of the second year must be returned 16.31 to the general fund. On or before February 1, of each year, the 16.32 commissioner shall submit to the appropriate committees of the 16.33 senate and the house of representatives a list of claims in 16.34 excess of $1,000 and a list of claims of $1,000 or less that 16.35 were submitted to but not paid by the commissioner of human 16.36 services, together with any recommendations of appropriate 17.1 compensation. These claims shall be heard and determined by the 17.2 appropriate committees of the senate and house of 17.3 representatives and, if approved, paid under the legislative 17.4 claims procedure. 17.5 (e) Compensation paid under this section is limited to 17.6 reimbursement for medical expenses and reasonable impairment 17.7 compensation for disability in like amounts as allowed in 17.8 section 176.101, subdivision 3b. Compensation for injuries 17.9 resulting in death shall include reasonable medical expenses and 17.10 burial expenses in addition to payment to the participant's 17.11 estate in an amount not to exceed the limits set forth in 17.12 section 466.04. Compensation may not be paid under this section 17.13 for pain and suffering, lost wages, or other benefits provided 17.14 in chapter 176. Payments made under this section must be 17.15 reduced by any proceeds received by the claimant from any 17.16 insurance policy covering the loss. For the purposes of this 17.17 section, "insurance policy" does not include the medical 17.18 assistance program authorized under chapter 256B or the general 17.19 assistance medical care program authorized under chapter 256D. 17.20 (f) The procedure established by this section is exclusive 17.21 of all other legal, equitable, and statutory remedies against 17.22 the state, its political subdivisions, or employees of the state 17.23 or its political subdivisions. The claimant may not seek 17.24 damages from any state or county insurance policy or 17.25 self-insurance program. 17.26 (g) A claim is not valid for purposes of this subdivision 17.27 if the local agency responsible for supervising the work cannot 17.28 verify to the commissioner of human services: 17.29 (1) that appropriate safety training and information is 17.30 provided to all persons being supervised by the agency under 17.31 this subdivision; and 17.32 (2) that all programs involving work by those persons 17.33 comply with federal occupational safety and health 17.34 administration and state department of labor and industry safety 17.35 standards. 17.36 A claim that is not valid because of failure to verify 18.1 safety training or compliance with safety standards may not be 18.2 paid by the commissioner of human services or through the 18.3 legislative claims process and must be heard, decided, and paid, 18.4 if appropriate, by the local government unit responsible for 18.5 supervising the work of the claimant. 18.6 Subd. 5. [TRANSPORTATION EXPENSES.] A county shall 18.7 reimburse a person for reasonable transportation costs incurred 18.8 because of participation in a program under this section, up to 18.9 a maximum of $25 per month. 18.10 Subd. 6. [PAYMENT TO COUNTY.] The commissioner shall pay a 18.11 county $200 for each person who participates in the program 18.12 under this section in that county. The county is responsible 18.13 for any additional costs of the program. 18.14 Subd. 7. [WAIVER.] The commissioner of human services 18.15 shall seek a waiver from the secretary of the United States 18.16 Department of Health and Human Services to enable the department 18.17 of human services to operate the child support obligor community 18.18 service work experience program. 18.19 Sec. 2. Minnesota Statutes 1994, section 518.24, is 18.20 amended to read: 18.21 518.24 [SECURITY; SEQUESTRATION; CONTEMPT.] 18.22 In all cases when maintenance or support payments are 18.23 ordered, the court may require sufficient security to be given 18.24 for the payment of them according to the terms of the order. 18.25 Upon neglect or refusal to give security, or upon failure to pay 18.26 the maintenance or support, the court may sequester the 18.27 obligor's personal estate and the rents and profits of real 18.28 estate of the obligor, and appoint a receiver of them. The 18.29 court may cause the personal estate and the rents and profits of 18.30 the real estate to be applied according to the terms of the 18.31 order. The obligor is presumed to have an income from a source 18.32 sufficient to pay the maintenance or support order. A child 18.33 support or maintenance order constitutes prima facie evidence 18.34 that the obligor has the ability to pay the award. If the 18.35 obligor disobeys the order, it is prima facie evidence of 18.36 contempt. The court may cite the obligor for contempt under 19.1 this section, section 518.617, or chapter 588. 19.2 Sec. 3. [518.616] [ADMINISTRATIVE SEEK EMPLOYMENT ORDERS.] 19.3 Subdivision 1. [COURT ORDER.] For any support order being 19.4 enforced by the public authority, the public authority may seek 19.5 a court order requiring the obligor to seek employment if: 19.6 (1) employment of the obligor cannot be verified; 19.7 (2) the obligor is in arrears in court-ordered child 19.8 support or maintenance payments or both in an amount equal to or 19.9 greater than three times the obligor's total monthly support and 19.10 maintenance payments; and 19.11 (3) the obligor is not in compliance with a written payment 19.12 plan. 19.13 Upon proper notice being given to the obligor, the court 19.14 may enter a seek employment order if it finds that the obligor 19.15 has not provided proof of gainful employment and has not 19.16 consented to an order for income withholding under section 19.17 518.611 or 518.613 or entered into a written payment plan 19.18 approved by the court, an administrative law judge, or the 19.19 public authority. 19.20 Subd. 2. [CONTENTS OF ORDER.] The order to seek employment 19.21 shall: 19.22 (1) order that the obligor seek employment within a 19.23 determinate amount of time; 19.24 (2) order that the obligor file with the public authority 19.25 on a weekly basis a report of at least five new attempts to find 19.26 employment or of having found employment, which report must 19.27 include the names, addresses, and telephone numbers of any 19.28 employers or businesses with whom the obligor attempted to seek 19.29 employment and the name of the individual contact to whom the 19.30 obligor made application for employment or to whom an inquiry 19.31 was directed; 19.32 (3) notify the obligor that failure to comply with the 19.33 order is evidence of a willful failure to pay support under 19.34 section 518.617; 19.35 (4) order that the obligor provide the public authority 19.36 with verification of any reason for noncompliance with the 20.1 order; and 20.2 (5) specify the duration of the order, not to exceed three 20.3 months. 20.4 Sec. 4. [518.617] [CONTEMPT PROCEEDINGS FOR NONPAYMENT OF 20.5 SUPPORT.] 20.6 Subdivision 1. [GROUNDS.] If a person against whom an 20.7 order or decree for support has been entered under this chapter, 20.8 chapter 256, or a comparable law from another jurisdiction, is 20.9 in arrears in court-ordered child support or maintenance 20.10 payments in an amount equal to or greater than three times the 20.11 obligor's total monthly support and maintenance payments and is 20.12 not in compliance with a written payment plan approved by the 20.13 court, an administrative law judge, or the public authority, the 20.14 person may be cited and punished by the court for contempt under 20.15 section 518.64, chapter 588, or this section. Failure to comply 20.16 with a seek employment order entered under section 518.616 is 20.17 evidence of willful failure to pay support. 20.18 Subd. 2. [COURT OPTIONS.] (a) If a court cites a person 20.19 for contempt under this section, and the obligor lives in a 20.20 county that contracts with the commissioner of human services 20.21 under section 256.997, the court may order the performance of 20.22 community service work up to 32 hours per week for six weeks for 20.23 each finding of contempt if the obligor: 20.24 (1) is able to work full time; 20.25 (2) works an average of less than 32 hours per week; and 20.26 (3) has actual weekly gross income averaging less than 40 20.27 times the federal minimum hourly wage under United States Code, 20.28 title 29, section 206(a)(1), or is voluntarily earning less than 20.29 the obligor has the ability to earn, as determined by the court. 20.30 An obligor is presumed to be able to work full time. The 20.31 obligor has the burden of proving inability to work full time. 20.32 (b) A person ordered to do community service work under 20.33 paragraph (a) may, during the six-week period, apply to the 20.34 court, an administrative law judge, or the public authority to 20.35 be released from the community service work requirement if the 20.36 person: 21.1 (1) provides proof to the court, an administrative law 21.2 judge, or the public authority that the person is gainfully 21.3 employed and submits to an order for income withholding under 21.4 section 518.611 or 518.613; 21.5 (2) enters into a written payment plan regarding both 21.6 current support and arrearages approved by the court, an 21.7 administrative law judge, or the public authority; or 21.8 (3) provides proof to the court, an administrative law 21.9 judge, or the public authority that, subsequent to entry of the 21.10 order, the person's circumstances have so changed that the 21.11 person is no longer able to fulfill the terms of the community 21.12 service order. 21.13 Subd. 3. [CONTINUING OBLIGATIONS.] The performance of 21.14 community service work does not relieve a child support obligor 21.15 of any unpaid accrued or accruing support obligation. 21.16 Sec. 5. [EFFECTIVE DATE.] 21.17 Sections 1 to 4 are effective July 1, 1995. Claims may be 21.18 submitted under section 1 on or after November 1, 1995. 21.19 ARTICLE 3 21.20 WORK REPORTING SYSTEM 21.21 Section 1. Minnesota Statutes 1994, section 518.171, 21.22 subdivision 2a, is amended to read: 21.23 Subd. 2a. [EMPLOYER AND OBLIGOR NOTICERESPONSIBILITY.] If21.24 an individual is hired for employment, the employer shall21.25 request that the individual disclose whether the individual has21.26 court-ordered medical support obligations that are required by21.27 law to be withheld from income and the terms of the court order,21.28 if any. The employer shall request that the individual disclose21.29 whether the individual has been ordered by a court to provide21.30 health and dental dependent insurance coverage. TheAn 21.31 individual shall disclose this informationat the time of hiring 21.32 . If an individual discloses thatif medical support is 21.33 required to be withheld , the. If an employee discloses that 21.34 medical support is required to be withheld, the employer shall 21.35 begin withholding according to the terms of the order and 21.36 pursuant to section 518.611, subdivision 8. If an individual 22.1 discloses an obligation to obtain health and dental dependent 22.2 insurance coverage and coverage is available through the 22.3 employer, the employer shall make all application processes 22.4 known to the individual upon hiring and enroll the employee and 22.5 dependent in the plan pursuant to subdivision 3. 22.6 Sec. 2. [518.172] [WORK REPORTING SYSTEM.] 22.7 Subdivision 1. [DEFINITIONS.] (a) The definitions in this 22.8 subdivision apply to this section. 22.9 (b) "Date of hiring" means the earlier of: (1) the first 22.10 day for which an employee is owed compensation by an employer; 22.11 or (2) the first day that an employee reports to work or 22.12 performs labor or services for an employer. 22.13 (c) "Earnings" means payment owed by an employer for labor 22.14 or services rendered by an employee. 22.15 (d) "Employee" means a person who resides or works in 22.16 Minnesota and performs services for compensation, in whatever 22.17 form, for an employer. Employee does not include persons hired 22.18 for domestic service in the private home of the employer, as 22.19 defined in the federal tax code. 22.20 (e) "Employer" means a person or entity located or doing 22.21 business in this state that employs one or more employees for 22.22 payment, and includes the state, political or other governmental 22.23 subdivisions of the state, and the federal government. 22.24 (f) "Hiring" means engaging a person to perform services 22.25 for compensation and includes the reemploying or return to work 22.26 of any previous employee who was laid off, furloughed, 22.27 separated, granted a leave without pay, or terminated from 22.28 employment. 22.29 Subd. 2. [WORK REPORTING SYSTEM ESTABLISHED.] The 22.30 commissioner of human services shall establish a centralized 22.31 work reporting system for the purpose of receiving and 22.32 maintaining information from employers on newly hired or rehired 22.33 employees. The commissioner of human services shall take 22.34 reasonable steps to inform the state's employers of the 22.35 requirements of this section and the acceptable processes by 22.36 which employers can comply with the requirements of this section. 23.1 Subd. 3. [DUTY TO REPORT.] Employers doing business in 23.2 this state shall report to the commissioner of human services 23.3 the hiring of any employee who resides or works in this state to 23.4 whom the employer anticipates paying earnings. Employers shall 23.5 submit reports required under this subdivision within 15 23.6 calendar days of the date of hiring of the employee. 23.7 Subd. 4. [MEANS TO REPORT.] Employers may report by 23.8 delivering, mailing, or telefaxing a copy of the employee's 23.9 federal W-4 form or W-9 form or any other document that contains 23.10 the required information, submitting electronic media in a 23.11 compatible format, toll-free telecommunication, or other means 23.12 authorized by the commissioner of human services that will 23.13 result in timely reporting. 23.14 Subd. 5. [REPORT CONTENTS.] Reports required under this 23.15 section must contain: 23.16 (1) the employee's name, address, social security number, 23.17 and date of birth when available, which can be handwritten or 23.18 otherwise added to the W-4 form, W-9 form, or other document 23.19 submitted; and 23.20 (2) the employer's name, address, and federal 23.21 identification number. 23.22 Subd. 6. [SANCTIONS.] If an employer fails to report under 23.23 this section, the commissioner of human services shall send the 23.24 employer a written notice of noncompliance requesting that the 23.25 employer comply with the reporting requirements of this 23.26 section. The notice of noncompliance must explain the reporting 23.27 procedure under this section and advise the employer of the 23.28 penalty for noncompliance. An employer who has received a 23.29 notice of noncompliance and later incurs a second violation is 23.30 subject to a civil penalty of $50 for each intentionally 23.31 unreported employee. An employer who has received a notice of 23.32 noncompliance and later incurs a third or subsequent violation 23.33 is subject to a civil penalty of $500 for each intentionally 23.34 unreported employee. These penalties may be imposed and 23.35 collected by the commissioner of human services. 23.36 Subd. 7. [ACCESS TO DATA.] The commissioner of human 24.1 services shall retain the information reported to the work 24.2 reporting system for a period of six months. Data in the 24.3 employment registry may be disclosed to the public authority 24.4 responsible for child support enforcement, federal agencies, and 24.5 state and local agencies of other states for the purposes of 24.6 enforcing state and federal laws governing child support. 24.7 Subd. 8. [INDEPENDENT CONTRACTORS.] The state and all 24.8 political subdivisions of the state, when acting in the capacity 24.9 of an employer, shall report the hiring of any person as an 24.10 independent contractor to the centralized work reporting system 24.11 in the same manner as the hiring of an employee is reported. 24.12 The attorney general and the commissioner of human services 24.13 shall work with representatives of the employment community and 24.14 industries that utilize independent contractors in the regular 24.15 course of business to develop a plan to include the reporting of 24.16 independent contractors by all employers to the centralized work 24.17 reporting system by July 1, 1996. The attorney general and the 24.18 commissioner of human services shall present the resulting plan 24.19 in the form of proposed legislation to the legislature by 24.20 February 1, 1996. 24.21 Sec. 3. [REPEALER.] 24.22 Minnesota Statutes 1994, sections 518.561; and 518.611, 24.23 subdivision 8, are repealed. 24.24 Sec. 4. [EFFECTIVE DATE.] 24.25 Sections 1 to 3 are effective January 1, 1996. 24.26 ARTICLE 4 24.27 CHILD SUPPORT PAYMENT CENTER 24.28 Section 1. [518.5851] [CHILD SUPPORT PAYMENT CENTER; 24.29 DEFINITIONS.] 24.30 Subdivision 1. [SCOPE.] For the purposes of a child 24.31 support center established under sections 518.5851 to 518.5853, 24.32 the following terms have the meanings given. 24.33 Subd. 2. [LOCAL CHILD SUPPORT AGENCY.] "Local child 24.34 support agency" means the entity, at the county level, 24.35 responsible for providing child support enforcement services. 24.36 Subd. 3. [PAYMENT.] "Payment" means the payment of child 25.1 support, medical support, maintenance, and related payments 25.2 required by order of a tribunal, voluntary support, or statutory 25.3 fees. 25.4 Subd. 4. [TRIBUNAL.] "Tribunal" has the meaning given in 25.5 section 518C.101. 25.6 Sec. 2. [518.5852] [CENTRAL COLLECTIONS UNIT.] 25.7 The commissioner of human services is directed to create 25.8 and maintain a central collections unit for the purpose of 25.9 receiving, processing, and disbursing payments, and for 25.10 maintaining a record of payments, in all cases in which: 25.11 (1) the state or county is a party; 25.12 (2) the state or county provides child support enforcement 25.13 services to a party; or 25.14 (3) payment is collected through income withholding. 25.15 The commissioner of human services is authorized to 25.16 contract for services to carry out these provisions. 25.17 Sec. 3. [518.5853] [MANDATORY PAYMENT OF OBLIGATIONS TO 25.18 CENTRAL COLLECTIONS UNIT.] 25.19 Subdivision 1. [LOCATION OF PAYMENT.] All payments shall 25.20 be made to the central collections unit in section 518.5852. 25.21 Subd. 2. [AGENCY DESIGNATION OF LOCATION.] Each local 25.22 child support agency shall provide a location within the agency 25.23 to receive payments. A local agency receiving a payment shall 25.24 transmit the funds to the central collections unit within one 25.25 working day of receipt of the payment. 25.26 Subd. 3. [INCENTIVES.] Notwithstanding any rule to the 25.27 contrary, incentives shall be paid to the county providing 25.28 services and maintaining the case to which the payment is 25.29 applied. Incentive payments awarded for the collection of child 25.30 support shall be based solely upon payments processed by the 25.31 central collections unit in section 518.5852. Incentive 25.32 payments received by the county under this subdivision shall be 25.33 used for county child support collection efforts. 25.34 Subd. 4. [ELECTRONIC TRANSFER OF FUNDS.] The central 25.35 collections unit is authorized to engage in the electronic 25.36 transfer of funds for the receipt and disbursement of funds. 26.1 Subd. 5. [REQUIRED CONTENT OF ORDER.] A tribunal issuing 26.2 an order that establishes or modifies a payment shall issue an 26.3 income withholding order in conformity with section 518.613, 26.4 subdivision 2. The automatic income withholding order shall 26.5 include the name of the obligor, the obligor's social security 26.6 number, the obligor's date of birth, and the name and address of 26.7 the obligor's employer. Both the street mailing address and the 26.8 electronic mail address for the central collections unit shall 26.9 be included in each automatic income withholding order issued by 26.10 a tribunal. 26.11 Subd. 6. [TRANSMITTAL OF ORDER TO THE LOCAL AGENCY BY THE 26.12 TRIBUNAL.] The tribunal shall transmit a copy of the order 26.13 establishing or modifying the payment, and a copy of the 26.14 automatic income withholding order, to the local child support 26.15 agency within two working days of the approval of the order by 26.16 the judge or administrative law judge, or other person or entity 26.17 authorized to sign the automatic withholding order. 26.18 Subd. 7. [TRANSMITTAL OF FUNDS FROM THE OBLIGOR OR PAYOR 26.19 OF FUNDS TO THE CENTRAL COLLECTIONS UNIT.] The obligor or other 26.20 payor of funds shall identify the obligor on the check or 26.21 remittance by name, payor number, and social security number, 26.22 and shall comply with section 518.611, subdivision 4. 26.23 Subd. 8. [SANCTION FOR CHECKS DRAWN ON INSUFFICIENT 26.24 FUNDS.] A notice shall be directed to any person or entity 26.25 submitting a check drawn on insufficient funds stating that 26.26 future payment must be paid by cash or certified funds. The 26.27 central collections unit and the local child support agency are 26.28 authorized to refuse a check from a person or entity that has 26.29 been given notice that payments must be in cash or certified 26.30 funds. 26.31 Subd. 9. [ADMISSIBILITY OF PAYMENT RECORDS.] A copy of the 26.32 record of payments maintained by the central collections unit in 26.33 section 518.5852 shall be admissible evidence in all tribunals 26.34 as proof of payments made through the central collections unit 26.35 without the need of testimony to prove authenticity. 26.36 Subd. 10. [TRANSITION PROVISIONS.] (a) The commissioner of 27.1 human services shall develop a plan for the implementation of 27.2 the central collections unit. The plan shall require that 27.3 payments be redirected to the central collections unit. 27.4 Payments may be redirected in groups according to county of 27.5 origin, county of payment, method of payment, type of case, or 27.6 any other distinguishing factor designated by the commissioner. 27.7 (b) Notice that payments must be made to the central 27.8 collections unit shall be provided to the obligor, and to the 27.9 payor of funds within 30 days prior to the redirection of 27.10 payments to the central collections unit. After the notice has 27.11 been provided to the obligor or payor of funds, mailed payments 27.12 received by a local child support agency shall be forwarded to 27.13 the central collections unit. A notice shall be sent to the 27.14 obligor or payor of funds stating that payment application may 27.15 be delayed and providing directions to submit future payment to 27.16 the central collections unit. 27.17 Sec. 4. [EFFECTIVE DATE.] 27.18 Sections 1 to 3 are effective January 1, 1997. 27.19 ARTICLE 5 27.20 CHILD SUPPORT DATA COLLECTION AND PUBLICATION 27.21 Section 1. Minnesota Statutes 1994, section 256.978, 27.22 subdivision 1, is amended to read: 27.23 Subdivision 1. [REQUEST FOR INFORMATION.] The commissioner 27.24 of human services, in order to locate a person to establish 27.25 paternity, child support, or to enforce a child support 27.26 obligation in arrears, may request information reasonably 27.27 necessary to the inquiry from the records of all departments, 27.28 boards, bureaus, or other agencies of this state, which shall, 27.29 notwithstanding the provisions of section 268.12, subdivision 27.30 12, or any other law to the contrary, provide the information 27.31 necessary for this purpose. Employers, utility companies, 27.32 insurance companies, financial institutions, and labor 27.33 associations doing business in this state shall provide 27.34 information as provided under subdivision 2 upon written request 27.35 by an agency responsible for child support enforcement regarding 27.36 individuals owing or allegedly owing a duty to support within 30 28.1 days of the receipt of the written request made by the public 28.2 authority. Information requested and used or transmitted by the 28.3 commissioner pursuant to the authority conferred by this section 28.4 may be made available only to public officials and agencies of 28.5 this state and its political subdivisions and other states of 28.6 the union and their political subdivisions who are seeking to 28.7 enforce the support liability of parents or to locate parents. 28.8 The commissioner may not release the information to an agency or 28.9 political subdivision of another state unless the agency or 28.10 political subdivision is directed to maintain the data 28.11 consistent with its classification in this state. Information 28.12 obtained under this section may not be released except to the 28.13 extent necessary for the administration of the child support 28.14 enforcement program or when otherwise authorized by law. 28.15 Sec. 2. Minnesota Statutes 1994, section 518.575, is 28.16 amended to read: 28.17 518.575 [PUBLICATION OF NAMES OF DELINQUENT CHILD SUPPORT 28.18 OBLIGORS.] 28.19 Every three monthsSubdivision 1. [PUBLICATION OF 28.20 NAMES.] Twice each year, the departmentcommissioner of human 28.21 services shall publish in the newspaper of widest circulation in28.22 each countya list of the names and last known addresses of each 28.23 person who (1) is a child support obligor, (2) resides in the28.24 county, (3)is at least $3,000 in arrears, and (4) has not made28.25 a child support payment, or has made only partial child support28.26 payments that total less than 25 percent of the amount of child28.27 support owed, for the last 12 months including any payments made28.28 through the interception of federal or state taxes. The rate28.29 charged for publication shall be the newspaper's lowest28.30 classified display rate, including all available discounts.28.31 (3) is not in compliance with a written payment agreement 28.32 regarding both current support and arrearages approved by the 28.33 court, an administrative law judge, or the public authority. 28.34 The commissioner of human services shall publish the name of 28.35 each obligor in the newspaper or newspapers of widest 28.36 circulation in the area where the obligor is most likely to be 29.1 residing. For each publication, the commissioner shall release 29.2 the list of all names being published not earlier than the first 29.3 day on which names appear in any newspaper. An obligor's name 29.4 may not be published if the obligor claims in writing, and 29.5 the departmentcommissioner of human services determines, there 29.6 is good cause for the nonpayment of child support. Good cause 29.7 includes the following: (i) there is a mistake in the obligor's 29.8 identity or the amount of the obligor's arrears; (ii) arrears 29.9 are reserved by the court or there is a pending legal action 29.10 concerning the unpaid child support; or (iii) other 29.11 circumstances as determined by the commissioner. The list must 29.12 be based on the best information available to the state at the 29.13 time of publication. 29.14 Before publishing the name of the obligor, the department 29.15 of human services shall send a notice to the obligor's last 29.16 known address which states the department's intention to publish 29.17 the obligor's name and the amount of child support the obligor 29.18 owes. The notice must also provide an opportunity to have the 29.19 obligor's name removed from the list by paying the arrearage or 29.20 by entering into an agreement to pay the arrearage, and the 29.21 final date when the payment or agreement can be accepted. 29.22 The department of human services shall insert with the 29.23 notices sent to the obligee, a notice stating the intent to 29.24 publish the obligor's name, and the criteria used to determine 29.25 the publication of the obligor's name. 29.26 Subd. 2. [NAMES PUBLISHED IN ERROR.] If the commissioner 29.27 publishes a name under subdivision 1 which is in error, the 29.28 commissioner must also publish a printed retraction and apology 29.29 acknowledging that the name was published in error. The 29.30 retraction and apology must appear in each publication that 29.31 included the original notice with the name listed in error, and 29.32 it must appear in the same type size and appear the same number 29.33 of times as the original notice. 29.34 Sec. 3. Minnesota Statutes 1994, section 518.611, 29.35 subdivision 1, is amended to read: 29.36 Subdivision 1. [ORDER.] Whenever an obligation for support 30.1 of a dependent child or maintenance of a spouse, or both, is 30.2 determined and ordered by a court of this state, the amount of 30.3 child support or maintenance as determined by court order must 30.4 be withheld from the income, regardless of source, of the person 30.5 obligated to pay the support or maintenance, and paid through 30.6 the public authority. The court shall provide a copy of any 30.7 order where withholding is ordered to the public authority 30.8 responsible for support collections. Every order for 30.9 maintenance or support must include: 30.10 (1) the obligor's social security number and date of birth 30.11 and the name and address of the obligor's employer or other 30.12 payor of funds; and 30.13 (2) provisions for the obligor to keep the public authority 30.14 informed of the name and address of the obligor's current 30.15 employer or payor of funds, and whether the obligor has access 30.16 to employment-related health insurance coverage and, if so, the 30.17 health insurance policy information. 30.18 Sec. 4. Minnesota Statutes 1994, section 518.611, 30.19 subdivision 2, is amended to read: 30.20 Subd. 2. [CONDITIONS OF INCOME WITHHOLDING.] (a) 30.21 Withholding shall result when: 30.22 (1) the obligor requests it in writing to the public 30.23 authority; 30.24 (2) the custodial parent requests it by making a motion to 30.25 the court; or 30.26 (3) the obligor fails to make the maintenance or support 30.27 payments, and the following conditions are met: 30.28 (i) the obligor is at least 30 days in arrears; 30.29 (ii) the obligee or the public authority serves written 30.30 notice of income withholding, showing arrearage, on the obligor 30.31 at least 15 days before service of the notice of income 30.32 withholding and a copy of the court's order on the payor of 30.33 funds; 30.34 (iii) within the 15-day period, the obligor fails to move 30.35 the court to deny withholding on the grounds that an arrearage 30.36 of at least 30 days does not exist as of the date of the notice 31.1 of income withholding, or on other grounds limited to mistakes 31.2 of fact, and, ex parte, to stay service on the payor of funds 31.3 until the motion to deny withholding is heard; 31.4 (iv) the obligee or the public authority serves a copy of31.5 the notice of income withholding, a copy of the court's order or31.6 notice of order,sends the payor of funds a notice of the 31.7 withholding requirements and the provisions of this section on31.8 the payor of funds; and 31.9 (v) the obligee serves on the public authority a copy of 31.10 the notice of income withholding, a copy of the court's order, 31.11 an application, and the fee to use the public authority's 31.12 collection services. 31.13 For those persons not applying for the public authority's IV-D 31.14 services, a monthly service fee of $15 must be charged to the 31.15 obligor in addition to the amount of child support ordered by 31.16 the court and withheld through automatic income withholding, or 31.17 for persons applying for the public authority's IV-D services, 31.18 the service fee under section 518.551, subdivision 7, applies. 31.19 The county agency shall explain to affected persons the services 31.20 available and encourage the applicant to apply for IV-D services. 31.21 (b) To pay the arrearage specified in the notice of income31.22 withholding,The employer or payor of funds shall withhold from 31.23 the obligor's income an additional amount equal to 20 percent of 31.24 the monthly child support or maintenance obligation until the 31.25 arrearage is paid. 31.26 (c) The obligor may move the court, under section 518.64, 31.27 to modify the order respecting the amount of maintenance or 31.28 support. 31.29 (d) Every order for support or maintenance shall provide 31.30 for a conspicuous notice of the provisions of this subdivision 31.31 that complies with section 518.68, subdivision 2. An order 31.32 without this notice remains subject to this subdivision. 31.33 (e) Absent a court order to the contrary, if an arrearage 31.34 exists at the time an order for ongoing support or maintenance 31.35 would otherwise terminate, income withholding shall continue in 31.36 effect in an amount equal to the former support or maintenance 32.1 obligation plus an additional amount equal to 20 percent of the 32.2 monthly child support obligation, until all arrears have been 32.3 paid in full. 32.4 Sec. 5. Minnesota Statutes 1994, section 518.611, 32.5 subdivision 8a, is amended to read: 32.6 Subd. 8a. [LUMP SUM PAYMENTS.] (a) Upon theBefore 32.7 transmittal of the last reimbursement paymentto the employee,32.8 whereobligor of a lump sum payment including, but not limited 32.9 to, severance pay, accumulated sick pay or, vacation pay is paid32.10 upon termination of employment, and where the employee is in32.11 arrears in making court ordered child support payments, the32.12 employer shall withhold an amount which is the lesser of (1) the32.13 amount in arrears or (2) that portion of the arrearages which is32.14 the product of the obligor's monthly court ordered support32.15 amount multiplied by the number of months of net income that the32.16 lump sum payment represents.32.17 (b)bonuses, commissions, or other pay or benefits: 32.18 (1) an employer, trustee, or other payor of funds who has 32.19 been served with a notice of income withholding under 32.20 subdivision 2 or section 518.613 must: 32.21 (1)(i) notify the public authority of any lump sum payment 32.22 of $500 or more that is to be paid to the obligor; 32.23 (2)(ii) hold the lump sum payment for 30 days after the 32.24 date on which the lump sum payment would otherwise have been 32.25 paid to the obligor, notwithstanding sections 181.08, 181.101, 32.26 181.11, 181.13, and 181.145; and32.27 (3)(iii) upon order of the court, pay any specified amount 32.28 of the lump sum payment to the public authority for current 32.29 support .or reimbursement of support judgment, judgments, or 32.30 arrearages; and 32.31 (iv) upon order of the court, and after a showing of past 32.32 willful nonpayment of support, pay any specified amount of the 32.33 lump sum payment to the public authority for future support; or 32.34 (2) upon service by United States mail of a sworn affidavit 32.35 from the public authority or a court order stating: 32.36 (i) that a judgment entered pursuant to section 548.091, 33.1 subdivision 1a, exists against the obligor, or that other 33.2 support arrearages exist; 33.3 (ii) that a portion of the judgment, judgments, or 33.4 arrearages remains unpaid; and 33.5 (iii) the current balance of the judgment, judgments, or 33.6 arrearages, the payor of funds shall pay to the public authority 33.7 the lesser of the amount of the lump sum payment or the total 33.8 amount of judgments plus arrearages as stated in affidavit or 33.9 court order, subject to the limits imposed under the consumer 33.10 credit protection act. 33.11 Sec. 6. Minnesota Statutes 1994, section 518.613, 33.12 subdivision 1, is amended to read: 33.13 Subdivision 1. [GENERAL.] Notwithstanding any provision of 33.14 section 518.611, subdivision 2 or 3, to the contrary, whenever 33.15 an obligation for child support or maintenance, enforced by the 33.16 public authority, is initially determined and ordered or 33.17 modified by the court in a county in which this section applies, 33.18 the amount of child support or maintenance ordered by the court 33.19 and any fees assessed by the public authority responsible for 33.20 child support enforcement must be withheld from the income and 33.21 forwarded to the public authority, regardless of the source of 33.22 income, of the person obligated to pay the support. 33.23 Sec. 7. Minnesota Statutes 1994, section 518.613, 33.24 subdivision 2, is amended to read: 33.25 Subd. 2. [ORDER; COLLECTION SERVICES.] Every order for 33.26 child support must include the obligor's social security number 33.27 and date of birth and the name and address of the obligor's 33.28 employer or other payor of funds. In addition, every order must 33.29 contain provisions requiring the obligor to keep the public 33.30 authority informed of the name and address of the obligor's 33.31 current employer, or other payor of funds and whether the 33.32 obligor has access to employment-related health insurance 33.33 coverage and, if so, the health insurance policy information. 33.34 Upon entry of the order for support or maintenance, the court 33.35 shall mail a copy of the court's automatic income withholding33.36 order and the provisions of section 518.611 and this section to34.1 the obligor's employer or other payor of funds andprovide a 34.2 copy of the withholding order to the public authority 34.3 responsible for child support enforcement. An obligee who is 34.4 not a recipient of public assistance must decide to either apply 34.5 for the IV-D collection services of the public authority or 34.6 obtain income withholding only services when an order for 34.7 support is entered unless the requirements of this section have 34.8 been waived under subdivision 7. The supreme court shall 34.9 develop a standard automatic income withholding form to be used 34.10 by all Minnesota courts. This form shall be made a part of any 34.11 order for support or decree by reference. 34.12 Sec. 8. Minnesota Statutes 1994, section 518.614, 34.13 subdivision 1, is amended to read: 34.14 Subdivision 1. [STAY OF SERVICE.] If the court finds there 34.15 is no arrearage in child support or maintenance as of the date 34.16 of the court hearing, the court shall stay service of the order 34.17 under section 518.613, subdivision 2, in a county in which that34.18 section appliesif the obligor establishes a savings account for 34.19 a sum equal to two months of the monthly child support or 34.20 maintenance obligation and provides proof of the establishment 34.21 to the court and the public authority on or before the day of 34.22 the court hearing determining the obligation. This sum must be 34.23 held in a financial institution in an interest-bearing account 34.24 with only the public authority authorized as drawer of funds. 34.25 Proof of the establishment must include the financial 34.26 institution name and address, account number, and the amount of 34.27 deposit. 34.28 Sec. 9. Minnesota Statutes 1994, section 518C.310, is 34.29 amended to read: 34.30 518C.310 [DUTIES OF STATE INFORMATION AGENCY.] 34.31 (a) The unit within the department of human services that 34.32 receives and disseminates incoming interstate actions under 34.33 title IV-D of the Social Security Act from section 518C.02, 34.34 subdivision 1a, is the state information agency under this 34.35 chapter. 34.36 (b) The state information agency shall: 35.1 (1) compile and maintain a current list, including 35.2 addresses, of the tribunals in this state which have 35.3 jurisdiction under this chapter and any support enforcement 35.4 agencies in this state and transmit a copy to the state 35.5 information agency of every other state; 35.6 (2) maintain a register of tribunals and support 35.7 enforcement agencies received from other states; 35.8 (3) forward to the appropriate tribunal in the place in 35.9 this state in which the individual obligee or the obligor 35.10 resides, or in which the obligor's property is believed to be 35.11 located, all documents concerning a proceeding under this 35.12 chapter received from an initiating tribunal or the state 35.13 information agency of the initiating state; and35.14 (4) obtain information concerning the location of the 35.15 obligor and the obligor's property within this state not exempt 35.16 from execution, by such means as postal verification and federal 35.17 or state locator services, examination of telephone directories, 35.18 requests for the obligor's address from employers, and 35.19 examination of governmental records, including, to the extent 35.20 not prohibited by other law, those relating to real property, 35.21 vital statistics, law enforcement, taxation, motor vehicles, 35.22 driver's licenses, and social security .; and 35.23 (5) determine which foreign jurisdictions and Indian tribes 35.24 have substantially similar procedures for issuance and 35.25 enforcement of support orders. The state information agency 35.26 shall compile and maintain a list, including addresses, of all 35.27 these foreign jurisdictions and Indian tribes. The state 35.28 information agency shall make this list available to all state 35.29 tribunals and all support enforcement agencies. 35.30 Sec. 10. Minnesota Statutes 1994, section 548.15, is 35.31 amended to read: 35.32 548.15 [DISCHARGE OF RECORD.] 35.33 Subdivision 1. [GENERAL.] Except as provided in 35.34 subdivision 2, upon the satisfaction of a judgment, whether 35.35 wholly or in part, or as to all or any of several defendants, 35.36 the court administrator shall enter the satisfaction in the 36.1 judgment roll, and note it, with its date, on the docket. If 36.2 the docketing is upon a transcript from another county, the 36.3 entry on the docket is sufficient. A judgment is satisfied when 36.4 there is filed with the court administrator: 36.5 (1) an execution satisfied, to the extent stated in the 36.6 sheriff's return on it; 36.7 (2) a certificate of satisfaction signed and acknowledged 36.8 by the judgment creditor; 36.9 (3) a like certificate signed and acknowledged by the 36.10 attorney of the creditor, unless that attorney's authority as 36.11 attorney has previously been revoked and an entry of the 36.12 revocation made upon the register; the authority of an attorney 36.13 to satisfy a judgment ceases at the end of six years from its 36.14 entry; 36.15 (4) an order of the court, made on motion, requiring the 36.16 execution of a certificate of satisfaction, or directing 36.17 satisfaction to be entered without it; 36.18 (5) where a judgment is docketed on transcript, a copy of 36.19 either of the foregoing documents, certified by the court 36.20 administrator in which the judgment was originally entered and 36.21 in which the originals were filed. 36.22 A satisfaction made in the name of a partnership is valid 36.23 if executed by a member of it while the partnership continues. 36.24 The judgment creditor, or the creditor's attorney while the 36.25 attorney's authority continues, may also satisfy a judgment of 36.26 record by a brief entry on the register, signed by the creditor 36.27 or the creditor's attorney and dated and witnessed by the court 36.28 administrator, who shall note the satisfaction on the margin of 36.29 the docket. Except as provided in subdivision 2, when a 36.30 judgment is satisfied otherwise than by return of execution, the 36.31 judgment creditor or the creditor's attorney shall file a 36.32 certificate of it with the court administrator within ten days 36.33 after the satisfaction or within 30 days of payment by check or 36.34 other noncertified funds. 36.35 Subd. 2. [CHILD SUPPORT OR MAINTENANCE JUDGMENT.] In the 36.36 case of a judgment for child support or spousal maintenance, an 37.1 execution or certificate of satisfaction need not be filed with 37.2 the court until the judgment is satisfied in full. 37.3 Sec. 11. Minnesota Statutes 1994, section 609.375, 37.4 subdivision 1, is amended to read: 37.5 Subdivision 1. Whoever is legally obligated to provide 37.6 care and support to a spouse who is in necessitous37.7 circumstances,or child, whether or not its custody has been 37.8 granted to another, and knowingly omits and fails without lawful 37.9 excuse to do so is guilty of a misdemeanor, and upon conviction 37.10 may be sentenced to imprisonment for not more than 90 days or to 37.11 payment of a fine of not more than $700, or both. 37.12 Sec. 12. [SUSPENSION OF PUBLICATIONS.] 37.13 Notwithstanding Minnesota Statutes, section 518.575, the 37.14 commissioner of human services may not publish names of 37.15 delinquent child support obligors until January 1, 1997. 37.16 Sec. 13. [EFFECTIVE DATE.] 37.17 Sections 1 to 10 are effective July 1, 1995. Section 12 is 37.18 effective the day following final enactment. 37.19 ARTICLE 6 37.20 RECOGNITION OF PARENTAGE; MN ENABL 37.21 Section 1. [145.9255] [MN ENABL, MINNESOTA EDUCATION NOW 37.22 AND BABIES LATER.] 37.23 Subdivision 1. [ESTABLISHMENT.] The commissioner of the 37.24 department of health, in consultation with a representative from 37.25 Minnesota planning, the commissioner of human services, and the 37.26 commissioner of the department of education, shall develop and 37.27 implement the Minnesota education now and babies later (MN 37.28 ENABL) program, targeted to adolescents ages 12 to 14, with the 37.29 goal of reducing the incidence of adolescent pregnancy in the 37.30 state. The program must provide a multifaceted, primary 37.31 prevention, community health promotion approach to educating and 37.32 supporting adolescents in the decision to postpone sexual 37.33 involvement modeled after the ENABL program in California. The 37.34 commissioner of health shall consult with the chief of the 37.35 health education section of the California department of health 37.36 services for general guidance in developing and implementing the 38.1 program. 38.2 Subd. 2. [DEFINITION.] "Community-based local contractor" 38.3 or "contractor" includes boards of health under section 145A.02, 38.4 nonprofit organizations, or school districts. The 38.5 community-based local contractors may provide the education 38.6 component of MN ENABL in a variety of settings including, but 38.7 not limited to, schools, religious establishments, local 38.8 community centers, and youth camps. 38.9 Subd. 3. [DUTIES OF COMMISSIONER OF DEPARTMENT OF HEALTH.] 38.10 The commissioner shall: 38.11 (1) manage the grant process, including awarding and 38.12 monitoring grants to community-based local contractors, and may 38.13 contract with community-based local contractors that can 38.14 demonstrate at least a 25 percent local match and agree to 38.15 participate in the four MN ENABL program components under 38.16 subdivision 4; 38.17 (2) provide technical assistance to the community-based 38.18 local contractors as necessary under subdivision 4; 38.19 (3) develop and implement the evaluation component, and 38.20 provide centralized coordination at the state level of the 38.21 evaluation process; and 38.22 (4) explore and pursue the federal funding possibilities 38.23 and specifically request funding from the United States 38.24 Department of Health and Human Services to supplement the 38.25 development and implementation of the program. 38.26 Subd. 4. [PROGRAM COMPONENTS.] The program must include 38.27 the following four major components: 38.28 (a) A community organization component in which the 38.29 community-based local contractors shall include: 38.30 (1) use of a postponing sexual involvement education 38.31 curriculum targeted to boys and girls ages 12 to 14 in schools 38.32 and/or community settings; 38.33 (2) planning and implementing community organization 38.34 strategies to convey and reinforce the MN ENABL message of 38.35 postponing sexual involvement, including activities promoting 38.36 awareness and involvement of parents and other primary 39.1 caregivers/significant adults, schools, and community; and 39.2 (3) development of local media linkages. 39.3 (b) A statewide, comprehensive media and public relations 39.4 campaign to promote changes in sexual attitudes and behaviors, 39.5 and reinforce the message of postponing adolescent sexual 39.6 involvement. 39.7 The commissioner of health, in consultation with the 39.8 commissioner of the department of education, shall contract with 39.9 the attorney general's office to develop and implement the media 39.10 and public relations campaign. In developing the campaign, the 39.11 attorney general's office shall coordinate and consult with 39.12 representatives from ethnic and local communities to maximize 39.13 effectiveness of the social marketing approach to health 39.14 promotion among the culturally diverse population of the state. 39.15 The development and implementation of the campaign is subject to 39.16 input and approval by the commissioner of health. 39.17 The local community-based contractors shall collaborate and 39.18 coordinate efforts with other community organizations and 39.19 interested persons to provide school and community-wide 39.20 promotional activities that support and reinforce the message of 39.21 the MN ENABL curriculum. 39.22 (c) An evaluation component which evaluates the process and 39.23 the impact of the program. 39.24 The "process evaluation" must provide information to the 39.25 state on the breadth and scope of the program. The evaluation 39.26 must identify program areas that might need modification and 39.27 identify local MN ENABL contractor strategies and procedures 39.28 which are particularly effective. Contractors must keep 39.29 complete records on the demographics of clients served, number 39.30 of direct education sessions delivered and other appropriate 39.31 statistics, and must document exactly how the program was 39.32 implemented. The commissioner may select contractor sites for 39.33 more in-depth case studies. 39.34 The "impact evaluation" must provide information to the 39.35 state on the impact of the different components of the MN ENABL 39.36 program and an assessment of the impact of the program on 40.1 adolescent's related sexual knowledge, attitudes, and 40.2 risk-taking behavior. 40.3 The commissioner shall compare the MN ENABL evaluation 40.4 information and data with similar evaluation data from other 40.5 states pursuing a similar adolescent pregnancy prevention 40.6 program modeled after ENABL and use the information to improve 40.7 MN ENABL and build on aspects of the program that have 40.8 demonstrated a delay in adolescent sexual involvement. 40.9 (d) A training component requiring the commissioner of the 40.10 department of health, in consultation with the commissioner of 40.11 the department of education, to provide comprehensive uniform 40.12 training to the local MN ENABL community-based local contractors 40.13 and the direct education program staff. 40.14 The local community-based contractors may use adolescent 40.15 leaders slightly older than the adolescents in the program to 40.16 impart the message to postpone sexual involvement provided: 40.17 (1) the contractor follows a protocol for adult 40.18 mentors/leaders and older adolescent leaders established by the 40.19 commissioner of health; 40.20 (2) the older adolescent leader is accompanied by an adult 40.21 leader; and 40.22 (3) the contractor uses the curriculum as directed and 40.23 required by the commissioner of the department of health to 40.24 implement this part of the program. The commissioner of health 40.25 shall provide technical assistance to community-based local 40.26 contractors. 40.27 Sec. 2. Minnesota Statutes 1994, section 256.87, 40.28 subdivision 5, is amended to read: 40.29 Subd. 5. [CHILD NOT RECEIVING ASSISTANCE.] A person or 40.30 entity having physical custody of a dependent child not 40.31 receiving assistance under sections 256.031 to 256.0361, or 40.32 256.72 to 256.87 has a cause of action for child support against 40.33 the child's absent parents. Upon a motion served on the absent 40.34 parent, the court shall order child support payments from the 40.35 absent parent under chapter 518. The absent parent's liability 40.36 may include up to the two years immediately preceding the 41.1 commencement of the action. This subdivision applies only if 41.2 the person or entity has physical custody with the consent of a 41.3 custodial parent or approval of the court. 41.4 Sec. 3. Minnesota Statutes 1994, section 257.34, is 41.5 amended by adding a subdivision to read: 41.6 Subd. 4. No acknowledgment of parentage shall be entered 41.7 on or after August 1, 1995 under this section. The mother and 41.8 father of a child born to a mother who was not married to the 41.9 child's father when the child was conceived nor when the child 41.10 was born may before, on, or after August 1, 1995, sign a 41.11 recognition of parentage under section 257.75. 41.12 Sec. 4. Minnesota Statutes 1994, section 257.55, 41.13 subdivision 1, is amended to read: 41.14 Subdivision 1. [PRESUMPTION.] A man is presumed to be the 41.15 biological father of a child if: 41.16 (a) He and the child's biological mother are or have been 41.17 married to each other and the child is born during the marriage, 41.18 or within 280 days after the marriage is terminated by death, 41.19 annulment, declaration of invalidity, dissolution, or divorce, 41.20 or after a decree of legal separation is entered by a court; 41.21 (b) Before the child's birth, he and the child's biological 41.22 mother have attempted to marry each other by a marriage 41.23 solemnized in apparent compliance with law, although the 41.24 attempted marriage is or could be declared void, voidable, or 41.25 otherwise invalid, and, 41.26 (1) if the attempted marriage could be declared invalid 41.27 only by a court, the child is born during the attempted 41.28 marriage, or within 280 days after its termination by death, 41.29 annulment, declaration of invalidity, dissolution or divorce; or 41.30 (2) if the attempted marriage is invalid without a court 41.31 order, the child is born within 280 days after the termination 41.32 of cohabitation; 41.33 (c) After the child's birth, he and the child's biological 41.34 mother have married, or attempted to marry, each other by a 41.35 marriage solemnized in apparent compliance with law, although 41.36 the attempted marriage is or could be declared void, voidable, 42.1 or otherwise invalid, and, 42.2 (1) he has acknowledged his paternity of the child in 42.3 writing filed with the state registrar of vital statistics; 42.4 (2) with his consent, he is named as the child's father on 42.5 the child's birth certificate; or 42.6 (3) he is obligated to support the child under a written 42.7 voluntary promise or by court order; 42.8 (d) While the child is under the age of majority, he 42.9 receives the child into his home and openly holds out the child 42.10 as his biological child; 42.11 (e) He and the child's biological mother acknowledge his 42.12 paternity of the child in a writing signed by both of them under 42.13 section 257.34 and filed with the state registrar of vital 42.14 statistics. If another man is presumed under this paragraph to 42.15 be the child's father, acknowledgment may be effected only with 42.16 the written consent of the presumed father or after the 42.17 presumption has been rebutted; 42.18 (f) Evidence of statistical probability of paternity based 42.19 on blood testing establishes the likelihood that he is the 42.20 father of the child, calculated with a prior probability of no 42.21 more than 0.5 (50 percent), is 99 percent or greater; 42.22 (g) He and the child's biological mother have executed a 42.23 recognition of parentage in accordance with section 257.75 and 42.24 another man is presumed to be the father under this subdivision; 42.25 or 42.26 (h) He and the child's biological mother have executed a 42.27 recognition of parentage in accordance with section 257.75 and 42.28 another man and the child's mother have executed a recognition 42.29 of parentage in accordance with section 257.75. 42.30 (i) He and the child's biological mother executed a 42.31 recognition of parentage in accordance with section 257.75 when 42.32 either or both of the signatories were less than 18 years of age. 42.33 Sec. 5. Minnesota Statutes 1994, section 257.57, 42.34 subdivision 2, is amended to read: 42.35 Subd. 2. The child, the mother, or personal representative 42.36 of the child, the public authority chargeable by law with the 43.1 support of the child, the personal representative or a parent of 43.2 the mother if the mother has died or is a minor, a man alleged 43.3 or alleging himself to be the father, or the personal 43.4 representative or a parent of the alleged father if the alleged 43.5 father has died or is a minor may bring an action: 43.6 (1) at any time for the purpose of declaring the existence 43.7 of the father and child relationship presumed under section 43.8 257.55, subdivision 1, paragraph (d), (e), (f), (g), or (h), or 43.9 the nonexistence of the father and child relationship presumed 43.10 under clause (d) of that subdivision; 43.11 (2) for the purpose of declaring the nonexistence of the 43.12 father and child relationship presumed under section 257.55, 43.13 subdivision 1, paragraph (e) or (g), only if the action is 43.14 brought within three years after the date of the execution of 43.15 the declaration or recognition of parentage; or43.16 (3) for the purpose of declaring the nonexistence of the 43.17 father and child relationship presumed under section 257.55, 43.18 subdivision 1, paragraph (f), only if the action is brought 43.19 within three years after the party bringing the action, or the 43.20 party's attorney of record, has been provided the blood test 43.21 results; or 43.22 (4) for the purpose of declaring the nonexistence of the 43.23 father and child relationship presumed under section 257.75, 43.24 subdivision 9, only if the action is brought by the minor 43.25 signatory within six months after the minor signatory reaches 43.26 the age of 18. In the case of a recognition of parentage 43.27 executed by two minor signatories, the action to declare the 43.28 nonexistence of the father and child relationship must be 43.29 brought within six months after the youngest signatory reaches 43.30 the age of 18. 43.31 Sec. 6. Minnesota Statutes 1994, section 257.60, is 43.32 amended to read: 43.33 257.60 [PARTIES.] 43.34 The child may be made a party to the action. If the child 43.35 is a minor and is made a party, a general guardian or a guardian 43.36 ad litem shall be appointed by the court to represent the 44.1 child. The child's mother or father may not represent the child 44.2 as guardian or otherwise. The biological mother, each man 44.3 presumed to be the father under section 257.55, and each man 44.4 alleged to be the biological father, shall be made parties or, 44.5 if not subject to the jurisdiction of the court, shall be given 44.6 notice of the action in a manner prescribed by the court and 44.7 shall be given an opportunity to be heard. The public agency 44.8 responsible for support enforcement is joined as a party in each 44.9 case in which rights are assigned under section 256.74, 44.10 subdivision 5, and in each case in which the public agency is 44.11 providing services under an application for child support 44.12 services. A person who may bring an action under section 257.57 44.13 may be made a party to the action. The court may align the 44.14 parties. The child shall be made a party whenever: 44.15 (1) the child is a minor and the case involves a compromise 44.16 under section 257.64, subdivision 1, or a lump sum payment under 44.17 section 257.66, subdivision 4, in which case the commissioner of 44.18 human services shall also be made a party subject to department 44.19 of human services rules relating to paternity suit settlements; 44.20 or 44.21 (2) the child is a minor and the action is to declare the 44.22 nonexistence of the father and child relationship; or 44.23 (3) an action to declare the existence of the father and 44.24 child relationship is brought by a man presumed to be the father 44.25 under section 257.55, or a man who alleges to be the father, and 44.26 the mother of the child denies the existence of the father and 44.27 child relationship. 44.28 Sec. 7. [257.651] [DEFAULT ORDER OF PARENTAGE.] 44.29 In an action to determine the existence of the father and 44.30 child relationship under sections 257.51 to 257.74, if the 44.31 alleged father fails to appear at a hearing after service duly 44.32 made and proved, the court shall enter a default judgment or 44.33 order of paternity. 44.34 Sec. 8. Minnesota Statutes 1994, section 257.67, 44.35 subdivision 1, is amended to read: 44.36 Subdivision 1. If existence of the parent and child 45.1 relationship is declared, or parentage or a duty of support has 45.2 been acknowledged or adjudicated under sections 257.51 to 257.74 45.3 or under prior law, the obligation of the noncustodial parent 45.4 may be enforced in the same or other proceedings by the 45.5 custodial parent, the child, the public authority that has 45.6 furnished or may furnish the reasonable expenses of pregnancy, 45.7 confinement, education, support, or funeral, or by any other 45.8 person, including a private agency, to the extent that person 45.9 has furnished or is furnishing these expenses. Full faith and 45.10 credit shall be given to a determination of paternity made by 45.11 another state, whether established through voluntary 45.12 acknowledgment or through administrative or judicial processes. 45.13 Sec. 9. Minnesota Statutes 1994, section 257.75, 45.14 subdivision 3, is amended to read: 45.15 Subd. 3. [EFFECT OF RECOGNITION.] Subject to subdivision 2 45.16 and section 257.55, subdivision 1, paragraph (g) or (h), the 45.17 recognition has the force and effect of a judgment or order 45.18 determining the existence of the parent and child relationship 45.19 under section 257.66. If the conditions in section 257.55, 45.20 subdivision 1, paragraph (g) or (h), exist, the recognition 45.21 creates only a presumption of paternity for purposes of sections 45.22 257.51 to 257.74. Until an order is entered granting custody to 45.23 another, the mother has sole custody. The recognition is: 45.24 (1) a basis for bringing an action to award custody or 45.25 visitation rights to either parent, establishing a child support 45.26 obligation which may include up to the two years immediately 45.27 preceding the commencement of the action, ordering a 45.28 contribution by a parent under section 256.87, or ordering a 45.29 contribution to the reasonable expenses of the mother's 45.30 pregnancy and confinement, as provided under section 257.66, 45.31 subdivision 3, or ordering reimbursement for the costs of blood 45.32 or genetic testing, as provided under section 257.69, 45.33 subdivision 2; 45.34 (2) determinative for all other purposes related to the 45.35 existence of the parent and child relationship; and 45.36 (3) entitled to full faith and credit in other 46.1 jurisdictions. 46.2 Sec. 10. Minnesota Statutes 1994, section 257.75, is 46.3 amended by adding a subdivision to read: 46.4 Subd. 9. [EXECUTION BY A MINOR PARENT.] A recognition of 46.5 parentage executed and filed in accordance with this section by 46.6 a minor parent creates a presumption of paternity for the 46.7 purposes of sections 257.51 to 257.74. 46.8 Sec. 11. [EFFECTIVE DATE.] 46.9 Sections 2 and 9 are effective the day following final 46.10 enactment and are retroactive to January 1, 1994. 46.11 ARTICLE 7 46.12 ADMINISTRATIVE PROCESS REVISIONS 46.13 Section 1. Minnesota Statutes 1994, section 518.5511, 46.14 subdivision 1, is amended to read: 46.15 Subdivision 1. [GENERAL.] (a) An administrative process is 46.16 established to obtain, modify, and enforce child and medical 46.17 support orders and parentage orders and modify maintenance if 46.18 combined with a child support proceeding. All laws governing 46.19 these actions apply insofar as they are not inconsistent with 46.20 the provisions of this section and section 518.5512. Wherever 46.21 other laws are inconsistent with this section and section 46.22 518.5512, the provisions in this section and section 518.5512 46.23 shall apply. 46.24 (b) All proceedings for obtaining, modifying, or enforcing 46.25 child and medical support orders and modifying maintenance 46.26 orders if combined with a child support proceeding, are required 46.27 to be conducted in the administrative process when the public 46.28 authority is a party or provides services to a party or parties 46.29 to the proceedings. At county option, the administrative 46.30 process may include contempt motions or actions to establish 46.31 parentage. Nothing contained herein shall prevent a party, upon 46.32 timely notice to the public authority, from commencing an action 46.33 or bringing a motion for the establishment, modification, or 46.34 enforcement of child support or modification of maintenance 46.35 orders if combined with a child support proceeding in district 46.36 court, if additional issues involving domestic abuse, 47.1 establishment or modification of custody or visitation, property 47.2 issues, or other issues outside the jurisdiction of the 47.3 administrative process, are part of the motion or action, or 47.4 from proceeding with a motion or action brought by another party 47.5 containing one or more of these issues if it is pending in 47.6 district court. 47.7 (c) A party may make a written request to the public 47.8 authority to initiate an uncontested administrative proceeding. 47.9 If the public authority denies the request, the public authority 47.10 shall issue a summary ordernotice which denies the request for 47.11 relief, states the reasons for the denial, and notifies the 47.12 party of the right to commence an action for relief. If the 47.13 party commences an action or serves and files a motion within 30 47.14 days after the public authority's denial and the party's action 47.15 results in a modification of a child support order, the 47.16 modification may be retroactive to the date the written request 47.17 was received by the public authority. 47.18 (d) After August 1, 1994, all counties shall participate in 47.19 the administrative process established in this section in 47.20 accordance with a statewide implementation plan to be set forth 47.21 by the commissioner of human services. No county shall be 47.22 required to participate in the administrative process until 47.23 after the county has been trained. The implementation plan 47.24 shall include provisions for training the counties by region no 47.25 later than July 1, 1995. 47.26 (e) For the purpose of the administrative process, all 47.27 powers, duties, and responsibilities conferred on district court 47.28 judges to obtain and enforce child and medical support and 47.29 parentage and maintenance obligations, subject to the 47.30 limitations of this section are conferred on administrative law 47.31 judges, including the power to issue subpoenas, orders to show 47.32 cause, and bench warrants for failure to appear. 47.33 The administrative law judge has the authority to sign 47.34 uncontested custody and visitation provisions in parentage 47.35 actions. 47.36 Sec. 2. Minnesota Statutes 1994, section 518.5511, 48.1 subdivision 2, is amended to read: 48.2 Subd. 2. [UNCONTESTED ADMINISTRATIVE PROCEEDING.] (a) A 48.3 party may petition the chief administrative law judge, the chief 48.4 district court judge, or the chief family court referee to 48.5 proceed immediately to a contested hearing upon good cause shown. 48.6 (b) The public authority shall give the parties written 48.7 notice requesting the submission of information necessary for 48.8 the public authority to prepare a proposed child supportorder. 48.9 The written notice shall be sent by first class mail to the 48.10 parties' last known addresses. The written notice shall 48.11 describe the information requested, state the purpose of the 48.12 request, state the date by which the information must be 48.13 postmarked or received (which shall be at least 30 days from the 48.14 date of the mailing of the written notice), state that if the 48.15 information is not postmarked or received by that date, the 48.16 public authority will prepare a proposed order on the basis of 48.17 the information available, and identify the type of information 48.18 which will be considered. 48.19 (c) Following the submission of information or following 48.20 the date when the information was due, the public authority 48.21 shall, on the basis of all information available, complete and 48.22 sign a proposed child supportorder and notice. In preparing 48.23 the proposed child supportorder, the public authority will 48.24 establish child support in the highest amount permitted under 48.25 section 518.551, subdivision 5. The proposed order shall 48.26 include written findings in accordance with section 518.551, 48.27 subdivision 5, clauses (i) and (j). The notice shall state that 48.28 the proposed child supportorder will be entered as a final and 48.29 binding default order unless one of the parties requests a 48.30 conference under subdivision 3 within 14 days following the date 48.31 of service of the proposed child supportorder. The method for 48.32 requesting the conference shall be stated in the notice. The 48.33 notice and proposed child supportorder shall be served under 48.34 the rules of civil procedure. For the purposes of the contested 48.35 hearing, and notwithstanding any law or rule to the contrary, 48.36 the service of the proposed order pursuant to this paragraph 49.1 shall be deemed to have commenced a proceeding and the judge, 49.2 including an administrative law judge or a referee, shall have 49.3 jurisdiction over the contested hearing. 49.4 (d) If a conference under subdivision 3 is not requested by 49.5 a party within 14 days after the date of service of the proposed 49.6 child supportorder, the public authority may entersubmit the 49.7 proposed order as the default order. The default order 49.8 becomes effective 30 days after the date of service of the49.9 notice in paragraph (c)enforceable upon signature by an 49.10 administrative law judge, district court judge, or referee. The 49.11 public authority may also prepare and serve a new notice and 49.12 proposed child supportorder if new information is subsequently 49.13 obtained. The default child supportorder shall be a final 49.14 order, and shall be served under the rules of civil procedure. 49.15 (e) The public authority shall file in the district court 49.16 copies of all notices served on the parties, proof of service, 49.17 and all orders. 49.18 Sec. 3. Minnesota Statutes 1994, section 518.5511, 49.19 subdivision 3, is amended to read: 49.20 Subd. 3. [ADMINISTRATIVE CONFERENCE.] (a) If a party 49.21 requests a conference within 14 days of the date of service of 49.22 the proposed order, the public authority shall schedule a 49.23 conference, and shall serve written notice of the date, time, 49.24 and place of the conference on the parties. 49.25 (b) The purpose of the conference is to review all 49.26 available information and seek an agreement to enter a consent 49.27 child supportorder. The notice shall state the purpose of the 49.28 conference, and that the proposed child supportorder will be 49.29 entered as a final and binding default order if the requesting 49.30 party fails to appear at the conference. The notice shall be 49.31 served on the parties by first class mail at their last known 49.32 addresses, and the method of service shall be documented in the 49.33 public authority file. 49.34 (c) A party alleging domestic abuse by the other party 49.35 shall not be required to participate in a conference. In such a 49.36 case, the public authority shall meet separately with the 50.1 parties in order to determine whether an agreement can be 50.2 reached. 50.3 (d) If the party requesting the conference does not appear 50.4 and fails to provide a written excuse (with supporting 50.5 documentation if relevant) to the public authority within seven 50.6 days after the date of the conference which constitutes good 50.7 cause, the public authority may enter a default child support50.8 order through the uncontested administrative process. The 50.9 public authority shall not enter the default order until at 50.10 least seven days after the date of the conference. 50.11 For purposes of this section, misrepresentation, excusable 50.12 neglect, or circumstances beyond the control of the person who 50.13 requested the conference which prevented the person's appearance 50.14 at the conference constitutes good cause for failure to appear. 50.15 If the public authority finds good cause, the conference shall 50.16 be rescheduled by the public authority and the public authority 50.17 shall send notice as required under this subdivision. 50.18 (e) If the parties appear at the conference, the public 50.19 authority shall seek agreement of the parties to the entry of a 50.20 consent child supportorder which establishes child support in 50.21 accordance with applicable law. The public authority shall 50.22 advise the parties that if a consent order is not entered, the 50.23 matter will be scheduled for a hearing before an administrative 50.24 law judge, or a district court judge or referee, and that the 50.25 public authority will seek the establishment of child support at 50.26 the hearing in accordance with the highest amount permitted 50.27 under section 518.551, subdivision 5. If an agreement to enter 50.28 the consent order is not reached at the conference, the public 50.29 authority shall schedule the matter before an administrative law50.30 judge, district court judge, or refereefor a contested hearing. 50.31 (f) If an agreement is reached by the parties at the 50.32 conference, a consent child supportorder shall be prepared by 50.33 the public authority, and shall be signed by the parties. All 50.34 consent and default orders shall be signed by the nonattorney 50.35 employee of the public authority and shall be submitted to an 50.36 administrative law judge or the district court for 51.1 countersignatureapproval and signature. The order is effective51.2 enforceable upon the signature by the administrative law judge 51.3 or the district court and is retroactive to the date of51.4 signature by the nonattorney employee of the public authority. 51.5 The consent order shall be served on the parties under the rules 51.6 of civil procedure. 51.7 Sec. 4. Minnesota Statutes 1994, section 518.5511, 51.8 subdivision 4, is amended to read: 51.9 Subd. 4. [CONTESTED ADMINISTRATIVE PROCEEDING.] (a) The51.10 commissioner of human services is authorized to designate51.11 counties to use the contested administrative hearing process51.12 based upon federal guidelines for county performance. The51.13 contested administrative hearing process may also be initiated51.14 upon request of a county board. The administrative hearing51.15 process shall be implemented in counties designated by the51.16 commissioner.All counties shall participate in the contested 51.17 administrative process established in this section as designated 51.18 in a statewide implementation plan to be set forth by the 51.19 commissioner of human services. No county shall be required to 51.20 participate in the contested administrative process until after 51.21 the county has been trained. The contested administrative 51.22 process shall be in operation in all counties no later than July 51.23 1, 1996, with the exception of Hennepin county which shall have 51.24 a pilot program in operation no later than July 1, 1996. 51.25 The Hennepin county pilot program shall be jointly planned, 51.26 implemented, and evaluated by the department of human services, 51.27 the office of administrative hearings, the fourth judicial 51.28 district court, and Hennepin county. The pilot program shall 51.29 provide that one-half of the case load use the contested 51.30 administrative process. The pilot program shall include an 51.31 evaluation which shall be conducted after one year of program 51.32 operation. A preliminary evaluation report shall be submitted 51.33 by the commissioner to the legislature by March 1, 1997. A 51.34 final evaluation report shall be submitted by the commissioner 51.35 to the legislature by January 1, 1998. The pilot program shall 51.36 continue pending final decision by the legislature, or until the 52.1 commissioner determines that the pilot program shall discontinue 52.2 and that Hennepin county shall not participate in the contested 52.3 administrative process. 52.4 In counties designated by the commissioner, contested 52.5 hearings required under this section shall be scheduled before 52.6 administrative law judges, and shall be conducted in accordance 52.7 with the provisions under this section. In counties not 52.8 designated by the commissioner, contested hearings shall be 52.9 conducted in district court in accordance with the rules of 52.10 civil procedure and the rules of family court. 52.11 (b) An administrative law judge may conduct hearings and 52.12 approve a stipulation reached on a contempt motion brought by 52.13 the public authority. Any stipulation that involves a finding 52.14 of contempt and a jail sentence, whether stayed or imposed, 52.15 shall require the review and signature of a district court judge. 52.16 (c) For the purpose of this process, all powers, duties,52.17 and responsibilities conferred on judges of the district court52.18 to obtain and enforce child and medical support and maintenance52.19 obligations, subject to the limitation set forth herein, are52.20 conferred on the administrative law judge conducting the52.21 proceedings, including the power to issue subpoenas, to issue52.22 orders to show cause, and to issue bench warrants for failure to52.23 appear.A party, witness, or attorney may appear or testify by 52.24 telephone, audiovisual means, or other electronic means, at the 52.25 discretion of the administrative law judge. 52.26 (d) Before implementing the process in a county, the chief 52.27 administrative law judge, the commissioner of human services, 52.28 the director of the county human services agency, the county 52.29 attorney, the county court administrator, and the county sheriff 52.30 shall jointly establish procedures, and the county shall provide 52.31 hearing facilities for implementing this process in the county. 52.32 A contested administrative hearing shall be conducted in a 52.33 courtroom, if one is available, or a conference or meeting room 52.34 with at least two exits and of sufficient size to permit 52.35 adequate physical separation of the parties. Security personnel 52.36 shall either be present during the administrative hearings, or 53.1 be available to respond to a request for emergency assistance. 53.2 (e) The contested administrative hearings shall be 53.3 conducted under the rules of the office of administrative 53.4 hearings, Minnesota Rules, parts 1400.5275, 1400.5500, 1400.6000 53.5 to 1400.6400, 1400.6600 to 1400.7000, 1400.7100 to 1400.7500, 53.6 1400.7700, and1400.7800, and 1400.8100, as adopted by the chief 53.7 administrative law judge. For matters not initiated under 53.8 subdivision 2, documents from the moving party shall be served 53.9 and filed at least 14 days prior to the hearing and the opposing 53.10 party shall serve and file documents raising new issues at least 53.11 ten days prior to the hearing. In all contested administrative 53.12 proceedings, the administrative law judge may limit the extent 53.13 and timing of discovery. Except as provided under this section, 53.14 other aspects of the case, including, but not limited 53.15 to, pleadings,discovery, and motions,shall be conducted under 53.16 the rules of family court, the rules of civil procedure, and 53.17 chapter 518. 53.18 (f) Pursuant to a contested administrative hearing, the 53.19 administrative law judge shall make findings of fact, 53.20 conclusions, and a final decision and issue an order. Orders 53.21 issued by an administrative law judge may be enforceable by the 53.22 contempt powers of the district courts. 53.23 (g) At the time the matter is scheduled for a contested 53.24 hearing, the public authority shall file in the district court 53.25 copies of all relevant documents sent to or received from the 53.26 parties, in addition to the documents filed under subdivision 2, 53.27 paragraph (e). For matters scheduled for a contested hearing 53.28 which were not initiated under subdivision 2, the public 53.29 authority shall obtain any income information available to the 53.30 public authority through the department of economic security and 53.31 serve this information on all parties and file the information 53.32 with the court at least five days prior to the hearing. 53.33 (h) The decision and order of the administrative law judge 53.34 is appealable to the court of appeals in the same manner as a 53.35 decision of the district court. 53.36 Sec. 5. Minnesota Statutes 1994, section 518.5511, 54.1 subdivision 5, is amended to read: 54.2 Subd. 5. [NONATTORNEY AUTHORITY.] Nonattorney employees of 54.3 the public authority responsible for child support may prepare, 54.4 sign, serve, and file complaints, motions, notices, summary 54.5 ordersnotices, proposed orders, default orders, and consent 54.6 orders for obtaining, modifying, or enforcing child and medical 54.7 support orders, orders establishing paternity, and related 54.8 documents, and orders to modify maintenance if combined with a 54.9 child support order. The nonattorney may also conduct 54.10 prehearing conferences, and participate in proceedings before an 54.11 administrative law judge. This activity shall not be considered 54.12 to be the unauthorized practice of law. Nonattorney employees 54.13 may not represent the interests of any party other than the 54.14 public authority, and may not give legal advice to any party. 54.15 Sec. 6. Minnesota Statutes 1994, section 518.5511, 54.16 subdivision 7, is amended to read: 54.17 Subd. 7. [PUBLIC AUTHORITY LEGAL ADVISOR.] At all stages 54.18 of the administrative process prior to the contested hearing, 54.19 the county attorney, or other attorney under contract, shall act 54.20 as the legal advisor for the public authority, but shall not 54.21 play an active role in the review of information and, the 54.22 preparation of default and consent orders, and the contested 54.23 hearings unless the nonattorney employee of the public authority 54.24 requests the appearance of the county attorney. 54.25 Sec. 7. Minnesota Statutes 1994, section 518.5511, 54.26 subdivision 9, is amended to read: 54.27 Subd. 9. [TRAINING AND RESTRUCTURING.] (a) The 54.28 commissioner of human services, in consultation with the office 54.29 of administrative hearings, shall be responsible for the 54.30 supervision of the administrative process. The commissioner of 54.31 human services shall provide training to child support officers 54.32 and other employees of the public authoritypersons involved in 54.33 the administrative process. The commissioner of human services 54.34 shall prepare simple and easy to understand forms for all 54.35 notices and orders prescribed in this subdivisionsection, and 54.36 the public authority shall use them. 55.1 (b) The office of administrative hearings shall be 55.2 responsible for training and monitoring the performance of 55.3 administrative law judges, maintaining records of proceedings, 55.4 providing transcripts upon request, and maintaining the 55.5 integrity of the district court file. 55.6 Sec. 8. [518.5512] [ADMINISTRATIVE PROCEDURES FOR CHILD 55.7 AND MEDICAL SUPPORT ORDERS AND PARENTAGE ORDERS.] 55.8 Subdivision 1. [GENERAL.] The provisions of this section 55.9 apply to actions conducted in the administrative process 55.10 pursuant to section 518.5511. 55.11 Subd. 2. [PATERNITY.] (a) If parentage is contested at the 55.12 administrative hearing, the administrative law judge may order 55.13 temporary child support under section 257.62, subdivision 5, and 55.14 shall refer the case to the district court. 55.15 (b) The district court may appoint counsel for an indigent 55.16 alleged father only after the return of the blood or genetic 55.17 test results from the testing laboratory. 55.18 Subd. 3. [COST OF LIVING ADJUSTMENT.] The notice of 55.19 application for adjustment shall be treated as a proposed order 55.20 under section 518.5511, subdivision 2, paragraph (c). The 55.21 public authority shall stay the adjustment of support upon 55.22 receipt of a request for an administrative conference. An 55.23 obligor requesting an administrative conference shall provide 55.24 all relevant information that establishes an insufficient 55.25 increase in income to justify the adjustment of the support 55.26 obligation. If the obligor fails to submit any evidence at the 55.27 administrative conference, the cost-of-living adjustment will 55.28 immediately go into effect. 55.29 ARTICLE 8 55.30 CHILD SUPPORT COLLECTION 55.31 Section 1. Minnesota Statutes 1994, section 214.101, 55.32 subdivision 1, is amended to read: 55.33 Subdivision 1. [COURT ORDER; HEARING ON SUSPENSION.] (a) 55.34 For purposes of this section, "licensing board" means a 55.35 licensing board or other state agency that issues an 55.36 occupational license. 56.1 (b) If a licensing board receives an order from a court or 56.2 an administrative law judge or a notice from a public authority 56.3 responsible for child support enforcement agencyunder section 56.4 518.551, subdivision 12, dealing with suspension of a license of 56.5 a person found by the court or the public agencyauthority to be 56.6 in arrears in child support or maintenance payments, or both, 56.7 the board shall, within 30 days of receipt of the courtorder or 56.8 public agencyauthority notice, provide notice to the licensee56.9 and hold a hearing. If the board finds that the person is56.10 licensed by the board and evidence of full payment of arrearages56.11 found to be due by the court or the public agency is not56.12 presented at the hearing, the board shall suspend the license56.13 unless it determines that probation is appropriate under56.14 subdivision 2. The only issues to be determined by the board56.15 are whether the person named in the court order or public agency56.16 notice is a licensee, whether the arrearages have been paid, and56.17 whether suspension or probation is appropriate. The board may56.18 not consider evidence with respect to the appropriateness of the56.19 underlying child support order or the ability of the person to56.20 comply with the order. The board may not lift the suspension56.21 until the licensee files with the board proof showing that the56.22 licensee is current in child support payments and maintenance56.23 suspend the license as directed by the order or notice. 56.24 Sec. 2. Minnesota Statutes 1994, section 214.101, 56.25 subdivision 4, is amended to read: 56.26 Subd. 4. [VERIFICATION OF PAYMENTS.] BeforeA board 56.27 may terminate probation, remove a suspension,not issue, 56.28 reinstate, or renew a license of a person who has been suspended 56.29 or placed on probationor is the subject of an order or notice 56.30 under this section , it shall contactuntil it receives 56.31 notification from the court, administration law judge, or public 56.32 agencyauthority that referred the matter to the board to56.33 determineconfirming that the applicant is not in arrears forin 56.34 either child support or maintenance or bothpayments, or 56.35 confirming that the person is in compliance with a written 56.36 payment plan regarding both current support and arrearages. The57.1 board may not issue or renew a license until the applicant57.2 proves to the board's satisfaction that the applicant is current57.3 in support payments and maintenance.57.4 Sec. 3. Minnesota Statutes 1994, section 256H.02, is 57.5 amended to read: 57.6 256H.02 [DUTIES OF COMMISSIONER.] 57.7 The commissioner shall develop standards for county and 57.8 human services boards to provide child care services to enable 57.9 eligible families to participate in employment, training, or 57.10 education programs. Within the limits of available 57.11 appropriations, the commissioner shall distribute money to 57.12 counties to reduce the costs of child care for eligible 57.13 families. The commissioner shall adopt rules to govern the 57.14 program in accordance with this section. The rules must 57.15 establish a sliding schedule of fees for parents receiving child 57.16 care services. The rules shall provide that funds received as a 57.17 lump sum payment of child support arrearages shall not be 57.18 counted as income to a family in the month received but shall be 57.19 prorated over the 12 months following receipt and added to the 57.20 family income during those months. In the rules adopted under 57.21 this section, county and human services boards shall be 57.22 authorized to establish policies for payment of child care 57.23 spaces for absent children, when the payment is required by the 57.24 child's regular provider. The rules shall not set a maximum 57.25 number of days for which absence payments can be made, but 57.26 instead shall direct the county agency to set limits and pay for 57.27 absences according to the prevailing market practice in the 57.28 county. County policies for payment of absences shall be 57.29 subject to the approval of the commissioner. The commissioner 57.30 shall maximize the use of federal money under the AFDC 57.31 employment special needs program in section 256.736, subdivision 57.32 8, and other programs that provide federal reimbursement for 57.33 child care services for recipients of aid to families with 57.34 dependent children who are in education, training, job search, 57.35 or other activities allowed under those programs. Money 57.36 appropriated under this section must be coordinated with the 58.1 AFDC employment special needs program and other programs that 58.2 provide federal reimbursement for child care services to 58.3 accomplish this purpose. Federal reimbursement obtained must be 58.4 allocated to the county that spent money for child care that is 58.5 federally reimbursable under programs that provide federal 58.6 reimbursement for child care services. The counties shall use 58.7 the federal money to expand child care services. The 58.8 commissioner may adopt rules under chapter 14 to implement and 58.9 coordinate federal program requirements. 58.10 Sec. 4. [518.255] [PROVISION OF LEGAL SERVICES BY THE 58.11 PUBLIC AUTHORITY.] 58.12 The provision of services under the child support 58.13 enforcement program that includes services by an attorney or an 58.14 attorney's representative employed by, under contract to, or 58.15 representing the public authority does not create an 58.16 attorney-client relationship with any party other than the 58.17 public authority. Attorneys employed by or under contract with 58.18 the public authority have an affirmative duty to inform 58.19 applicants and recipients of services under the child support 58.20 enforcement program that no attorney-client relationship exists 58.21 between the attorney and the applicant or recipient. This 58.22 section applies to all legal services provided by the child 58.23 support enforcement program. 58.24 The written notice must inform the individual applicant or 58.25 recipient of services that no attorney-client relationship 58.26 exists between the attorney and the applicant or recipient; the 58.27 rights of the individual as a subject of data under section 58.28 13.04, subdivision 2; and that the individual has a right to 58.29 have an attorney represent the individual. 58.30 Data disclosed by an applicant for, or recipient of, child 58.31 support services to an attorney employed by, or under contract 58.32 with, the public authority is private data on an individual. 58.33 However, the data may be disclosed under section 13.46, 58.34 subdivision 2, clauses (1) to (3) and (6) to (18), and in order 58.35 to obtain, modify or enforce child support, medical support, and 58.36 parentage determinations. 59.1 An attorney employed by, or under contract with, the public 59.2 authority may disclose additional information received from an 59.3 applicant for, or recipient of, services for other purposes with 59.4 the consent of the individual applicant for, or recipient of, 59.5 child support services. 59.6 Sec. 5. Minnesota Statutes 1994, section 518.551, 59.7 subdivision 12, is amended to read: 59.8 Subd. 12. [OCCUPATIONAL LICENSE SUSPENSION.] (a) Upon 59.9 petition of an obligee, if the court finds that the obligor is 59.10 or may be licensed by a licensing board listed in section 214.01 59.11 or other state agency or board that issues an occupational 59.12 license and the obligor is in arrears in court-ordered child 59.13 support or maintenance payments or both in an amount of at least 59.14 $1,000 and is not in compliance with a written payment agreement 59.15 regarding both current support and arrearages approved by the 59.16 court, an administrative law judge, or the public authority, the 59.17 administrative law judge, or the court may direct the licensing 59.18 board or other licensing agency to conduct a hearingsuspend the 59.19 license under section 214.101 concerning suspension of the59.20 obligor's license. If the obligor is a licensed attorney, the 59.21 court may report the matter to the lawyers professional 59.22 responsibility board for appropriate action in accordance with 59.23 the rules of professional conduct. The remedy under this 59.24 subdivision is in addition to any other enforcement remedy 59.25 available to the court. 59.26 (b) If a public agencyauthority responsible for child 59.27 support enforcement finds that the obligor is or may be licensed 59.28 by a licensing board listed in section 214.01 or other state 59.29 agency or board that issues an occupational license and the 59.30 obligor is in arrears in court-ordered child support or 59.31 maintenance payments or both in an amount equal to or greater 59.32 than three times the obligor's total monthly support and 59.33 maintenance payments and is not in compliance with a written 59.34 payment agreement regarding both current support and arrearages 59.35 approved by the court, an administrative law judge, or the 59.36 public authority, the court, an administrative law judge, or the 60.1 public agencyauthority may direct the licensing board or other 60.2 licensing agency to conduct a hearingsuspend the license under 60.3 section 214.101 concerning suspension of the obligor's license. 60.4 If the obligor is a licensed attorney, the public agency60.5 authority may report the matter to the lawyers professional 60.6 responsibility board for appropriate action in accordance with 60.7 the rules of professional conduct. The remedy under this 60.8 subdivision is in addition to any other enforcement remedy 60.9 available to the public agencyauthority. 60.10 (c) At least 30 days before notifying a licensing authority 60.11 or the lawyers professional responsibility board under paragraph 60.12 (b), the public authority shall mail a written notice to the 60.13 license holder addressed to the license holder's last known 60.14 address that the public authority intends to seek license 60.15 suspension under this subdivision and that the license holder 60.16 must request a hearing within 30 days in order to contest the 60.17 suspension. If the license holder makes a written request for a 60.18 hearing within 30 days of the date of the notice, either a court 60.19 hearing or a contested administrative proceeding must be held 60.20 under section 518.5511, subdivision 4. Notwithstanding any law 60.21 to the contrary, the license holder must be served with 14 days' 60.22 notice in writing specifying the time and place of the hearing 60.23 and the allegations against the license holder. The notice may 60.24 be served personally or by mail. 60.25 (d) The administrative law judge, on behalf of the public 60.26 authority, or the court shall notify the lawyers professional 60.27 responsibility board for appropriate action in accordance with 60.28 the rules of professional responsibility conduct or order the 60.29 licensing board or licensing agency to suspend the license if 60.30 the judge finds that: 60.31 (1) the person is licensed by a licensing board or other 60.32 state agency that issues an occupational license; 60.33 (2) the person has not made full payment of arrearages 60.34 found to be due by the public authority; and 60.35 (3) the person has not executed or is not in compliance 60.36 with a payment plan approved by the court, an administrative law 61.1 judge, or the public authority. 61.2 (e) Within 30 days of the date on which the obligor either 61.3 makes full payment of arrearages found to be due by the court or 61.4 public authority or executes and initiates good faith compliance 61.5 with a written payment plan approved by the court, an 61.6 administrative law judge, or the public authority responsible 61.7 for child support enforcement shall notify the licensing board 61.8 or licensing agency that the obligor is no longer ineligible for 61.9 license issuance, reinstatement, or renewal under this 61.10 subdivision. 61.11 Sec. 6. [518.553] [PAYMENT AGREEMENTS.] 61.12 In proposing or approving proposed written payment 61.13 agreements for purposes of section 518.551, the court, an 61.14 administrative law judge, or the public authority shall take 61.15 into consideration the amount of the arrearages, the amount of 61.16 the current support order, any pending request for modification, 61.17 and the earnings of the obligor. 61.18 Sec. 7. Minnesota Statutes 1994, section 518.611, 61.19 subdivision 5, is amended to read: 61.20 Subd. 5. [ARREARAGE ORDER.] Nothing in this section shall 61.21 prevent the court from ordering the payor of funds to withhold 61.22 amounts to satisfy the obligor's previous arrearage in child 61.23 support or maintenance payments, the obligor's liability 61.24 for reimbursement of child support or of public assistance 61.25 pursuant to sections 256.87 and 257.66, for pregnancy and 61.26 confinement expenses and for blood test costs, and any service 61.27 fees that may be imposed under section 518.551. This remedy 61.28 shall not operate to exclude availability of other remedies to 61.29 enforce judgments. 61.30 Sec. 8. Minnesota Statutes 1994, section 518.611, 61.31 subdivision 6, is amended to read: 61.32 Subd. 6. [PRIORITY.] (a) An order for withholding under 61.33 this section or execution or garnishment upon a judgment for 61.34 child support arrearages or preadjudicated expenses shall have 61.35 priority over an attachment, execution, garnishment, or wage 61.36 assignment and shall not be subject to the statutory limitations 62.1 on amounts levied against the income of the obligor. Amounts 62.2 withheld from an employee's income must not exceed the maximum 62.3 permitted under the Consumer Credit Protection Act, United 62.4 States Code, title 15, section 1673(b)(2). 62.5 (b) If there is more than one withholding order ona single 62.6 employee is subject to multiple withholding orders for the 62.7 support of more than one child, the payor of funds shall comply 62.8 with all of the orders to the extent that the total amount 62.9 withheld from the payor's income does not exceed the limits 62.10 imposed under the Consumer Credit Protection Act, giving 62.11 priority to amounts designated in each order as current support 62.12 as follows: 62.13 (1) if the total of the amounts designated in the orders as 62.14 current support exceeds the amount available for income 62.15 withholding, the payor of funds shall allocate to each order an 62.16 amount for current support equal to the amount designated in 62.17 that order as current support, divided by the total of the 62.18 amounts designated in the orders as current support, multiplied 62.19 by the amount of the income available for income withholding; 62.20 and 62.21 (2) if the total of the amounts designated in the orders as 62.22 current support does not exceed the amount available for income 62.23 withholding, the payor of funds shall pay the amounts designated 62.24 as current support, and shall allocate to each order an amount 62.25 for past due support equal to the amount designated in that 62.26 order as past due support, divided by the total of the amounts 62.27 designated in the orders as past due support, multiplied by the 62.28 amount of income remaining available for income withholding 62.29 after the payment of current support. 62.30 (c) If more than one order exists involving the same 62.31 obligor and child, the public authority shall enforce the most 62.32 current order. Income withholding that has been implemented 62.33 under a previous order pursuant to this section or section 62.34 518.613 shall be terminated as of the date of the most current 62.35 order. The public authority shall notify the payor of funds to 62.36 withhold under the most current order. 63.1 (d) Notwithstanding any law to the contrary, funds from 63.2 income sources included in section 518.54, subdivision 6, 63.3 whether periodic or lump sum, are not exempt from attachment or 63.4 execution upon a judgment for child support arrearages. 63.5 Sec. 9. Minnesota Statutes 1994, section 518.64, 63.6 subdivision 4, is amended to read: 63.7 Subd. 4. Unless otherwise agreed in writing or expressly 63.8 provided in the order, provisions for the support of a child are 63.9 not terminated by emancipation of the child but notby the death 63.10 of a parent obligated to support the child. When a parent 63.11 obligated to pay support dies, the amount of support may be 63.12 modified, revoked, or commuted to a lump sum payment, to the 63.13 extent just and appropriate in the circumstances. 63.14 Sec. 10. Minnesota Statutes 1994, section 518.64, is 63.15 amended by adding a subdivision to read: 63.16 Subd. 4a. [AUTOMATIC TERMINATION OF SUPPORT.] (a) Unless a 63.17 court order provides otherwise, a child support obligation in a 63.18 specific amount per child terminates automatically and without 63.19 any action by the obligor to reduce, modify, or terminate the 63.20 order upon the emancipation of the child as provided under 63.21 section 518.54, subdivision 2. 63.22 (b) A child support obligation for two or more children 63.23 that is not a support obligation in a specific amount per child 63.24 continues in the full amount until the emancipation of the last 63.25 child for whose benefit the order was made, or until further 63.26 order of the court. 63.27 (c) The obligor may request a modification of his or her 63.28 child support order upon the emancipation of a child if there 63.29 are still minor children under the order. The child support 63.30 obligation shall be determined based on the income of the 63.31 parties at the time the modification is sought. 63.32 Sec. 11. [548.085] [INTEREST ON CERTAIN CHILD SUPPORT 63.33 ARREARS.] 63.34 Notwithstanding contrary provisions in section 348.09 or 63.35 348.091, if an obligor who is liable for arrearages makes 63.36 complete, timely payments for 36 consecutive months on both 64.1 current support and arrearages as approved by the court, an 64.2 administrative law judge, or the public authority for support 64.3 enforcement, and arrearages remain to be paid at that time, 64.4 interest on the remaining arrearages shall stop accruing and 64.5 shall remain fixed at the amount due as of the time 36 64.6 consecutive payments had been made. Further interest on 64.7 arrearages shall not accrue unless the obligor fails to make 64.8 complete, timely payment of current support and arrearages as 64.9 approved by the court, an administrative law judge, or the 64.10 public authority for support enforcement. Upon failure by the 64.11 obligor to make a timely and complete payment, interest shall 64.12 commence accruing on the arrearages and shall continue to accrue 64.13 until the full balance is paid or until 36 consecutive complete, 64.14 timely payments have been made, whichever is earlier. This 64.15 section applies whether or not a judgment for the arrearages has 64.16 been docketed. 64.17 Sec. 12. [CHILD SUPPORT ASSURANCE WAIVER.] 64.18 The commissioner of human services shall seek a waiver from 64.19 the secretary of the United States Department of Health and 64.20 Human Services to enable the department of human services to 64.21 operate a demonstration project of child support assurance. The 64.22 commissioner shall seek authority from the legislature to 64.23 implement a demonstration project of child support assurance 64.24 when enhanced federal funds become available for this purpose. 64.25 Sec. 13. [PUBLIC EDUCATION CAMPAIGN.] 64.26 The commissioner of human services shall contract with the 64.27 attorney general to continue the public service campaign 64.28 established in Minnesota Statutes, section 8.35. The terms and 64.29 conditions of the contract shall be established by the attorney 64.30 general. If a contract is not executed by August 1, 1995, any 64.31 amounts appropriated for this activity shall be returned to the 64.32 general fund. 64.33 Sec. 14. [REPEALER.] 64.34 Minnesota Statutes 1994, sections 214.101, subdivisions 2 64.35 and 3; and 518.64, subdivision 6, are repealed. 64.36 ARTICLE 9 65.1 CUSTODY, VISITATION, AND CARE OF CHILDREN 65.2 Section 1. [256.996] [COOPERATION FOR THE CHILDREN 65.3 PROGRAM.] 65.4 Subdivision 1. [ESTABLISHMENT.] The commissioner of human 65.5 services, in consultation with representatives from the office 65.6 of administrative hearings and the office of the attorney 65.7 general and with input from community groups, shall develop and 65.8 implement the cooperation for the children program as an effort 65.9 to promote parental relationships with children. The program 65.10 must be designed with three distinct components: 65.11 (1) addressing the needs of parents for educational 65.12 services pertaining to issues of child custody and visitation 65.13 arrangements; 65.14 (2) providing a nonjudicial forum to aid in the resolution 65.15 of custody and visitation issues through facilitation of written 65.16 agreements; and 65.17 (3) providing mediation services to resolve conflicts 65.18 related to custody and visitation issues, when appropriate. 65.19 Subd. 2. [PROGRAM DESIGN.] (a) The cooperation for the 65.20 children program must be administered by the office of 65.21 administrative hearings and, by contract, implemented in 65.22 selected counties. The program may accept referrals from the 65.23 district court, the child support administrative process, or 65.24 self-referral by individuals. The program must be designed to 65.25 provide services to individuals who are parents by virtue of 65.26 birth or adoption of a child, individuals adjudicated as parents 65.27 through a paternity action or through the recognition of 65.28 parentage process, or individuals who have experienced a 65.29 marriage dissolution. The program must be designed to screen 65.30 all referrals for domestic abuse. The program must coordinate 65.31 with existing agencies, such as court services, to provide 65.32 program services to parents. If a participating county operates 65.33 a parenting education program, a nonjudicial conflict resolution 65.34 program, or a mediation program, the cooperation for the 65.35 children program must utilize the existing programs to the 65.36 greatest extent possible in an effort to minimize costs. The 66.1 program must be designed with a sliding fee structure to provide 66.2 a means of charging participants for some portion of the cost of 66.3 the program. 66.4 (b) The voluntary issue resolution component of the 66.5 cooperation for the children program must facilitate the 66.6 parents' discussion of custody and visitation issues in 66.7 dispute. If there are allegations or indications of domestic 66.8 abuse, the program shall allow the parents to attend separate 66.9 sessions with the program facilitator. If agreement of both 66.10 parties is reached to the disputed issues through the program 66.11 and the agreement contains a sufficient factual basis to support 66.12 a finding that the terms are in the best interests of the 66.13 children, the agreement may be incorporated into a proposed 66.14 order by program counsel for submission to an administrative law 66.15 judge or district court judge for execution as a court order. 66.16 (c) The mediation component of the program must utilize 66.17 mediators who are competent in recognizing the dynamics of 66.18 domestic abuse and sensitive to the cultural issues of the 66.19 participants. To provide services through the cooperation for 66.20 the children program, mediators must be approved by the court in 66.21 the participating county. Relationships that involve 66.22 allegations or indications of domestic abuse are not appropriate 66.23 for mediation services through the cooperation for the children 66.24 program. 66.25 (d) In cases where no agreement is voluntarily reached 66.26 through the program, both parents must be provided with forms 66.27 sufficient to allow them access to the district court to seek 66.28 formal adjudication of the dispute. 66.29 Subd. 3. [DEMONSTRATION.] The commissioner shall contract 66.30 with the office of administrative hearings and any county to 66.31 administer and operate a demonstration project of the 66.32 cooperation for the children program. 66.33 Subd. 4. [EVALUATION.] By January 15, 1997, and every two 66.34 years after that, the office of administrative hearings shall 66.35 submit a report to the legislature that identifies the following 66.36 information relevant to the implementation of this section: 67.1 (1) the number of citizens offered and provided services by 67.2 the program; 67.3 (2) the circumstances in which the program provided 67.4 services, whether in paternity adjudications, situations 67.5 involving recognition of parentage executions, dissolutions, or 67.6 postdecree matters; 67.7 (3) the reduction in court actions, if any, resulting from 67.8 the use of the program; 67.9 (4) the effect of the program, if any, on the average time 67.10 period between case filing and final resolution in family law 67.11 cases filed in court in a participating county; and 67.12 (5) the cost of implementation and operation of the program 67.13 in the participating counties. 67.14 Subd. 5. [WAIVER.] The commissioner of human services 67.15 shall seek a waiver from the Secretary of the United States 67.16 Department of Health and Human Services to enable the department 67.17 of human services to operate the cooperation for the children 67.18 demonstration project. 67.19 Sec. 2. Minnesota Statutes 1994, section 518.18, is 67.20 amended to read: 67.21 518.18 [MODIFICATION OF ORDER.] 67.22 (a) Unless agreed to in writing by the parties, no motion 67.23 to modify a custody order may be made earlier than one year 67.24 after the date of the entry of a decree of dissolution or legal 67.25 separation containing a provision dealing with custody, except 67.26 in accordance with paragraph (c). 67.27 (b) If a motion for modification has been heard, whether or 67.28 not it was granted, unless agreed to in writing by the parties 67.29 no subsequent motion may be filed within two years after 67.30 disposition of the prior motion on its merits, except in 67.31 accordance with paragraph (c). 67.32 (c) The time limitations prescribed in paragraphs (a) and 67.33 (b) shall not prohibit a motion to modify a custody order if the 67.34 court finds that there is persistent and willful denial or 67.35 interference with visitation, or has reason to believe that the 67.36 child's present environment may endanger the child's physical or 68.1 emotional health or impair the child's emotional development. 68.2 (d) If the court has jurisdiction to determine child 68.3 custody matters, the court shall not modify a prior custody 68.4 order unless it finds, upon the basis of facts, including 68.5 unwarranted denial of, or interference with, a duly established 68.6 visitation schedule, that have arisen since the prior order or 68.7 that were unknown to the court at the time of the prior order, 68.8 that a change has occurred in the circumstances of the child or 68.9 the parties and that the modification is necessary to serve the 68.10 best interests of the child. In applying these standards the 68.11 court shall retain the custody arrangement established by the 68.12 prior order unless: 68.13 (i) both parties agree to the modification; 68.14 (ii) the child has been integrated into the family of the 68.15 petitioner with the consent of the other party; or 68.16 (iii) the child's present environment endangers the child's 68.17 physical or emotional health or impairs the child's emotional 68.18 development and the harm likely to be caused by a change of 68.19 environment is outweighed by the advantage of a change to the 68.20 child. 68.21 In addition, a court may modify a custody order under 68.22 section 631.52. 68.23 (e) In deciding whether to modify a prior joint custody 68.24 order, the court shall apply the standards set forth in 68.25 paragraph (d) unless: (1) the parties agree in writing to the 68.26 application of a different standard, or (2) the party seeking 68.27 the modification is asking the court for permission to move the 68.28 residence of the child to another state. 68.29 (f) If a custodial parent has been granted sole physical 68.30 custody of a minor and the child subsequently lives with the 68.31 noncustodial parent, and temporary sole physical custody has 68.32 been approved by the court or by a court-appointed referee, the 68.33 court may suspend the noncustodial parent's child support 68.34 obligation pending the final custody determination. The court's 68.35 order denying the suspension of child support must include a 68.36 written explanation of the reasons why continuation of the child 69.1 support obligation would be in the best interests of the child. 69.2 Sec. 3. Minnesota Statutes 1994, section 518.551, 69.3 subdivision 5, is amended to read: 69.4 Subd. 5. [NOTICE TO PUBLIC AUTHORITY; GUIDELINES.] (a) The 69.5 petitioner shall notify the public authority of all proceedings 69.6 for dissolution, legal separation, determination of parentage or 69.7 for the custody of a child, if either party is receiving aid to 69.8 families with dependent children or applies for it subsequent to 69.9 the commencement of the proceeding. The notice must contain the 69.10 full names of the parties to the proceeding, their social 69.11 security account numbers, and their birth dates. After receipt 69.12 of the notice, the court shall set child support as provided in 69.13 this subdivision. The court may order either or both parents 69.14 owing a duty of support to a child of the marriage to pay an 69.15 amount reasonable or necessary for the child's support, without 69.16 regard to marital misconduct. The court shall approve a child 69.17 support stipulation of the parties if each party is represented 69.18 by independent counsel, unless the stipulation does not meet the 69.19 conditions of paragraph (i). In other cases the court shall 69.20 determine and order child support in a specific dollar amount in 69.21 accordance with the guidelines and the other factors set forth 69.22 in paragraph (b) and any departure therefrom. The court may 69.23 also order the obligor to pay child support in the form of a 69.24 percentage share of the obligor's net bonuses, commissions, or 69.25 other forms of compensation, in addition to, or if the obligor 69.26 receives no base pay, in lieu of, an order for a specific dollar 69.27 amount. 69.28 (b) The court shall derive a specific dollar amount for 69.29 child support by multiplying the obligor's net income by the 69.30 percentage indicated by the following guidelines: 69.31 Net Income Per Number of Children 69.32 Month of Obligor 69.33 1 2 3 4 5 6 7 or 69.34 more 69.35 $550 and Below Order based on the ability of the 69.36 obligor to provide support 70.1 at these income levels, or at higher 70.2 levels, if the obligor has 70.3 the earning ability. 70.4 $551 - 600 16% 19% 22% 25% 28% 30% 32% 70.5 $601 - 650 17% 21% 24% 27% 29% 32% 34% 70.6 $651 - 700 18% 22% 25% 28% 31% 34% 36% 70.7 $701 - 750 19% 23% 27% 30% 33% 36% 38% 70.8 $751 - 800 20% 24% 28% 31% 35% 38% 40% 70.9 $801 - 850 21% 25% 29% 33% 36% 40% 42% 70.10 $851 - 900 22% 27% 31% 34% 38% 41% 44% 70.11 $901 - 950 23% 28% 32% 36% 40% 43% 46% 70.12 $951 - 1000 24% 29% 34% 38% 41% 45% 48% 70.13 $1001- 5000 25% 30% 35% 39% 43% 47% 50% 70.14 or the amount 70.15 in effect under 70.16 paragraph (k) 70.17 Guidelines for support for an obligor with a monthly income 70.18 in excess of the income limit currently in effect under 70.19 paragraph (k) shall be the same dollar amounts as provided for 70.20 in the guidelines for an obligor with a monthly income equal to 70.21 the limit in effect. 70.22 Net Income defined as: 70.23 70.24 Total monthly 70.25 income less *(i) Federal Income Tax 70.26 *(ii) State Income Tax 70.27 (iii) Social Security 70.28 Deductions 70.29 (iv) Reasonable 70.30 Pension Deductions 70.31 *Standard 70.32 Deductions apply- (v) Union Dues 70.33 use of tax tables (vi) Cost of Dependent Health 70.34 recommended Insurance Coverage 70.35 (vii) Cost of Individual or Group 70.36 Health/Hospitalization 71.1 Coverage or an 71.2 Amount for Actual 71.3 Medical Expenses 71.4 (viii) A Child Support or 71.5 Maintenance Order that is 71.6 Currently Being Paid. 71.7 "Net income" does not include: 71.8 (1) the income of the obligor's spouse, but does include 71.9 in-kind payments received by the obligor in the course of 71.10 employment, self-employment, or operation of a business if the 71.11 payments reduce the obligor's living expenses; or 71.12 (2) compensation received by a party for employment in 71.13 excess of a 40-hour work week, provided that: 71.14 (i) support is nonetheless ordered in an amount at least 71.15 equal to the guidelines amount based on income not excluded 71.16 under this clause; and 71.17 (ii) the party demonstrates, and the court finds, that: 71.18 (A) the excess employment began after the filing of the 71.19 petition for dissolution; 71.20 (B) the excess employment reflects an increase in the work 71.21 schedule or hours worked over that of the two years immediately 71.22 preceding the filing of the petition; 71.23 (C) the excess employment is voluntary and not a condition 71.24 of employment; 71.25 (D) the excess employment is in the nature of additional, 71.26 part-time or overtime employment compensable by the hour or 71.27 fraction of an hour; and 71.28 (E) the party's compensation structure has not been changed 71.29 for the purpose of affecting a support or maintenance obligation. 71.30 The court shall review the work-related and 71.31 education-related child care costs paid and shall allocate the 71.32 costs to each parent in proportion to each parent's net income, 71.33 as determined under this subdivision, after the transfer of 71.34 child support and spousal maintenance, unless the allocation 71.35 would be substantially unfair to either parent. There is a 71.36 presumption of substantial unfairness if after the sum total of 72.1 child support, spousal maintenance, and child care costs is 72.2 subtracted from the noncustodial parent's income, the income is 72.3 at or below 100 percent of the federal poverty guidelines. The 72.4 cost of child care for purposes of this paragraph is 75 percent 72.5 of the actual cost paid for child care, to reflect the 72.6 approximate value of state and federal tax credits available to 72.7 the custodial parent. The actual cost paid for child care is 72.8 the total amount received by the child care provider for the 72.9 child or children from the obligee or any public agency. The 72.10 amount allocated for child care expenses is considered child 72.11 support but is not subject to a cost-of-living adjustment under 72.12 section 518.641. The amount allocated for child care expenses 72.13 terminates when the child care costs end. 72.14 The court may allow the noncustodial parent to care for the 72.15 child while the custodial parent is working if this arrangement 72.16 is reasonable and in the best interests of the child. Allowing 72.17 the noncustodial parent to care for the child under this 72.18 paragraph is not a reason to deviate from the guidelines. 72.19 (c) In addition to the child support guidelines, the court 72.20 shall take into consideration the following factors in setting 72.21 or modifying child support or in determining whether to deviate 72.22 from the guidelines: 72.23 (1) all earnings, income, and resources of the parents, 72.24 including real and personal property, but excluding income from 72.25 excess employment of the obligor or obligee that meets the 72.26 criteria of paragraph (b), clause (2)(ii); 72.27 (2) the financial needs and resources, physical and 72.28 emotional condition, and educational needs of the child or 72.29 children to be supported; 72.30 (3) the standards of living the child would have enjoyed 72.31 had the marriage not been dissolved, but recognizing that the 72.32 parents now have separate households; 72.33 (4) which parent receives the income taxation dependency 72.34 exemption and what financial benefit the parent receives from 72.35 it; 72.36 (5) the parents' debts as provided in paragraph (d); and 73.1 (6) the obligor's receipt of assistance under sections 73.2 256.72 to 256.87 or 256B.01 to 256B.40. 73.3 (d) In establishing or modifying a support obligation, the 73.4 court may consider debts owed to private creditors, but only if: 73.5 (1) the right to support has not been assigned under 73.6 section 256.74; 73.7 (2) the court determines that the debt was reasonably 73.8 incurred for necessary support of the child or parent or for the 73.9 necessary generation of income. If the debt was incurred for 73.10 the necessary generation of income, the court shall consider 73.11 only the amount of debt that is essential to the continuing 73.12 generation of income; and 73.13 (3) the party requesting a departure produces a sworn 73.14 schedule of the debts, with supporting documentation, showing 73.15 goods or services purchased, the recipient of them, the amount 73.16 of the original debt, the outstanding balance, the monthly 73.17 payment, and the number of months until the debt will be fully 73.18 paid. 73.19 (e) Any schedule prepared under paragraph (d), clause (3), 73.20 shall contain a statement that the debt will be fully paid after 73.21 the number of months shown in the schedule, barring emergencies 73.22 beyond the party's control. 73.23 (f) Any further departure below the guidelines that is 73.24 based on a consideration of debts owed to private creditors 73.25 shall not exceed 18 months in duration, after which the support 73.26 shall increase automatically to the level ordered by the court. 73.27 Nothing in this section shall be construed to prohibit one or 73.28 more step increases in support to reflect debt retirement during 73.29 the 18-month period. 73.30 (g) If payment of debt is ordered pursuant to this section, 73.31 the payment shall be ordered to be in the nature of child 73.32 support. 73.33 (h) Nothing shall preclude the court from receiving 73.34 evidence on the above factors to determine if the guidelines 73.35 should be exceeded or modified in a particular case. 73.36 (i) The guidelines in this subdivision are a rebuttable 74.1 presumption and shall be used in all cases when establishing or 74.2 modifying child support. If the court does not deviate from the 74.3 guidelines, the court shall make written findings concerning the 74.4 amount of the obligor's income used as the basis for the 74.5 guidelines calculation and any other significant evidentiary 74.6 factors affecting the determination of child support. If the 74.7 court deviates from the guidelines, the court shall make written 74.8 findings giving the amount of support calculated under the 74.9 guidelines, the reasons for the deviation, and shall 74.10 specifically address the criteria in paragraph (b) and how the 74.11 deviation serves the best interest of the child. The provisions 74.12 of this paragraph apply whether or not the parties are each 74.13 represented by independent counsel and have entered into a 74.14 written agreement. The court shall review stipulations 74.15 presented to it for conformity to the guidelines and the court 74.16 is not required to conduct a hearing, but the parties shall 74.17 provide the documentation of earnings required under subdivision 74.18 5b. 74.19 (j) If the child support payments are assigned to the 74.20 public agency under section 256.74, the court may not deviate 74.21 downward from the child support guidelines unless the court 74.22 specifically finds that the failure to deviate downward would 74.23 impose an extreme hardship on the obligor. 74.24 (k) The dollar amount of the income limit for application 74.25 of the guidelines must be adjusted on July 1 of every 74.26 even-numbered year to reflect cost-of-living changes. The 74.27 supreme court shall select the index for the adjustment from the 74.28 indices listed in section 518.641. The state court 74.29 administrator shall make the changes in the dollar amount 74.30 required by this paragraph available to courts and the public on 74.31 or before April 30 of the year in which the amount is to change. 74.32 Sec. 4. [EFFECTIVE DATE.] 74.33 Section 3 is effective the day following final enactment. 74.34 ARTICLE 10 74.35 APPROPRIATIONS 74.36 Section 1. [APPROPRIATIONS.] 75.1 Subdivision 1. [CHILD SUPPORT OBLIGOR COMMUNITY SERVICE 75.2 WORK EXPERIENCE PROGRAM.] $119,000 is appropriated from the 75.3 general fund to the commissioner of human services to fund the 75.4 child support obligor community service work experience program 75.5 in article 2, section 1, to be available until June 30, 1997. 75.6 Subd. 2. [MOTOR VEHICLE CERTIFICATES OF TITLE AND LICENSE 75.7 SUSPENSION.] $50,000 is appropriated from the general fund to 75.8 the commissioner of human services, for transfer to the 75.9 commissioner of public safety to fund the necessary changes to 75.10 the existing computer system to allow for memorialization of 75.11 liens on motor vehicle certificates of title and to allow for 75.12 suspension of drivers' licenses, under article 1, to be 75.13 available until June 30, 1997. 75.14 Subd. 3. [SUSPENSION OF DRIVERS' LICENSES.] $24,000 is 75.15 appropriated from the general fund to the commissioner of human 75.16 services to allow the commissioner to seek the suspension of 75.17 drivers' licenses under Minnesota Statutes, section 518.551, 75.18 subdivision 13, to be available until June 30, 1997. 75.19 Subd. 4. [WORK REPORTING SYSTEM.] $350,000 is appropriated 75.20 from the general fund to the commissioner of human services to 75.21 allow the commissioner to implement the work reporting system 75.22 under article 3 to be available until June 30, 1997. 75.23 Subd. 5. [PUBLIC EDUCATION.] $150,000 is appropriated from 75.24 the general fund to the commissioner of human services for 75.25 continuance of the child support public education campaign, to 75.26 be available until June 30, 1997. 75.27 Subd. 6. [COOPERATION FOR THE CHILDREN PROGRAM.] $100,000 75.28 is appropriated from the general fund to the commissioner of 75.29 human services for purposes of developing and implementing the 75.30 cooperation for the children program under article 9, section 1, 75.31 and for the purpose of providing the requested funding to the 75.32 office of administrative hearings to develop and implement the 75.33 cooperation for the children program under article 9, section 1, 75.34 to be available until June 30, 1997. 75.35 Subd. 7. [MN ENABL.] $548,000 is appropriated from the 75.36 general fund to the department of human services, for transfer 76.1 to the department of health for purposes of developing and 76.2 implementing the program in article 6, section 1, and is 76.3 available for the biennium. 76.4 Subd. 8. [MOTOR VEHICLE LIENS.] $24,000 is appropriated 76.5 from the general fund to the commissioner of human services to 76.6 allow the commissioner to memorialize liens on motor vehicle 76.7 certificates of title under Minnesota Statutes, section 518.551, 76.8 subdivision 14, to be available until June 30, 1997. 76.9 Subd. 9. [OCCUPATIONAL LICENSE SUSPENSION.] $10,000 is 76.10 appropriated from the general fund to the commissioner of human 76.11 services to implement the occupational license suspension 76.12 procedures under Minnesota Statutes, section 518.551, 76.13 subdivision 12, to be available until June 30, 1997. 76.14 Subd. 10. [CHILD SUPPORT PAYMENT CENTER.] $120,000 is 76.15 appropriated from the general fund to the commissioner of human 76.16 services to create and maintain the child support payment center 76.17 under Minnesota Statutes, section 518.5851, to be available 76.18 until June 30, 1997. 76.19 Subd. 11. [PUBLICATION OF NAMES.] $275,000 is appropriated 76.20 from the general fund to the commissioner of human services to 76.21 publish the names of delinquent child support obligors under 76.22 Minnesota Statutes, section 518.575, to be available until June 76.23 30, 1997. 76.24 Subd. 12. [ADMINISTRATIVE PROCESS.] $1,250,000 is 76.25 appropriated from the general fund to the commissioner of human 76.26 services to develop and implement the contested administrative 76.27 process under Minnesota Statutes, section 518.5511, to be 76.28 available until June 30, 1997. 76.29 Subd. 13. [WAIVERS.] $288,000 is appropriated from the 76.30 general fund to the commissioner of human services to seek the 76.31 waivers required by this legislation, to be available until June 76.32 30, 1997. 76.33 Subd. 14. [INTEREST.] $19,000 is appropriated from the 76.34 general fund to the commissioner of human services to operate 76.35 the interest cessation provision of this legislation, to be 76.36 available until June 30, 1997.