as introduced - 85th Legislature (2007 - 2008) Posted on 12/15/2009 12:00am
|Introduction||Posted on 02/19/2008|
A bill for an act
relating to child support; requiring collection service fees to be paid by obligor;
amending Minnesota Statutes 2006, section 518A.51.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Minnesota Statutes 2006, section 518A.51, is amended to read:
(a) When a recipient of IV-D services is no longer receiving assistance under the
state's title IV-A, IV-E foster care, medical assistance, or MinnesotaCare programs, the
public authority responsible for child support enforcement must notify the recipient,
within five working days of the notification of ineligibility, that IV-D services will be
continued unless the public authority is notified to the contrary by the recipient. The
notice must include the implications of continuing to receive IV-D services, including the
available services and fees, cost recovery fees, and distribution policies relating to fees.
(b) An application fee of $25 shall be paid by the person who applies for child
support and maintenance collection services, except persons who are receiving public
assistance as defined in section 256.741 and the diversionary work program under section
256J.95, persons who transfer from public assistance to nonpublic assistance status, and
minor parents and parents enrolled in a public secondary school, area learning center, or
alternative learning program approved by the commissioner of education.
(c) deleted text beginIn the case of an individual who has never received assistance under a state
program funded under Title IV-A of the Social Security Act and for whom the public
authority has collected at least $500 of support,deleted text end The public authority must impose an
annual federal collections fee of $25 new text beginnew text endfor each case in which services are
furnished. deleted text beginThis fee must be retained by the public authority from support collected on
behalf of the individual, but not from the first $500 collected.
deleted text end
deleted text begin (d) When the public authority provides full IV-D services to an obligee who has
applied for those services, upon written notice to the obligee, the public authority must
charge a cost recovery fee of one percent of the amount collected. This fee must be
deducted from the amount of the child support and maintenance collected and not assigned
under section 256.741 before disbursement to the obligee. This fee does not apply to an
obligee who:deleted text end
deleted text begin
(1) is currently receiving assistance under the state's title IV-A, IV-E foster care,
medical assistance, or MinnesotaCare programs; or
deleted text end
deleted text begin
(2) has received assistance under the state's title IV-A or IV-E foster care programs,
until the person has not received this assistance for 24 consecutive months.
deleted text end
deleted text begin(e)deleted text end new text beginnew text endWhen the public authority provides full IV-D services to an new text beginnew text endobligor who has applied for such services, upon written notice to the obligor, the public
authority must charge new text beginnew text enda cost recovery fee of one percent of the monthly
court-ordered child support and maintenance obligation. The deleted text beginfeedeleted text end new text beginnew text endmay be collected
through income withholding, as well as by any other enforcement remedy available to the
public authority responsible for child support enforcement.
deleted text begin(f)deleted text end new text beginnew text endFees assessed by state and federal tax agencies for collection of overdue
support deleted text beginowed to or on behalf of a person not receiving public assistancedeleted text end must be imposed
on the deleted text beginperson for whom these services are provideddeleted text endnew text beginnew text end. The public authority upon
written notice to the deleted text beginobligeedeleted text end new text beginnew text endshall assess a fee of $25 deleted text beginto the person not receiving
public assistance for each successful federal tax interceptiondeleted text endnew text beginnew text end. The fee must be withheld prior to the release of the funds
received from each interception and deposited in the general fund.
deleted text begin(g)deleted text end new text beginnew text endFederal collections fees collected under paragraph (c) and cost recovery fees
collected under deleted text beginparagraphs (d) and (e)deleted text end new text beginnew text endshall be considered child support
program income according to Code of Federal Regulations, title 45, section 304.50, and
shall be deposited in the special revenue fund account established under paragraph deleted text begin(i)deleted text endnew text beginnew text end.
The commissioner of human services must elect to recover costs based on either actual or
deleted text begin(h)deleted text end new text beginnew text endThe limitations of this section on the assessment of fees shall not apply to
the extent inconsistent with the requirements of federal law for receiving funds for the
programs under Title IV-A and Title IV-D of the Social Security Act, United States Code,
title 42, sections 601 to 613 and United States Code, title 42, sections 651 to 662.
deleted text begin(i)deleted text end new text beginnew text endThe commissioner of human services is authorized to establish a special
revenue fund account to receive the federal collections fees collected under paragraph (c)
and cost recovery fees collected under deleted text beginparagraphs (d) and (e)deleted text endnew text beginnew text end. A portion
of the nonfederal share of these fees may be retained for expenditures necessary to
administer the fees and must be transferred to the child support system special revenue
account. The remaining nonfederal share of the federal collections fees and cost recovery
fees must be retained by the commissioner and dedicated to the child support general fund
county performance-based grant account authorized under sections 256.979 and 256.9791.