3rd Engrossment - 82nd Legislature (2001 - 2002) Posted on 12/15/2009 12:00am
1.1 A bill for an act 1.2 relating to the operation of state government; crime 1.3 prevention and judiciary finance; appropriating money 1.4 for the judicial branch, public defense, human rights, 1.5 corrections, public safety, crime victims, and related 1.6 purposes; establishing and expanding grant programs, 1.7 task forces, and pilot projects; requiring reports and 1.8 studies; transferring, modifying, and expanding 1.9 responsibility for various governmental 1.10 responsibilities; providing procedures and policies 1.11 for integrated criminal justice information systems; 1.12 adopting various provisions relating to corrections; 1.13 imposing, clarifying, and expanding certain criminal 1.14 and civil provisions and penalties; making certain 1.15 changes related to sex offenders and sex offender 1.16 registration; providing for state funding of certain 1.17 programs and personnel; abolishing the office of the 1.18 ombudsman for corrections; eliminating the Camp Ripley 1.19 weekend camp program; increasing certain fees and 1.20 modifying the allocation of certain fees; establishing 1.21 a theft prevention advisory board; establishing a 1.22 felony-level penalty for driving while impaired; 1.23 modifying certain policies and procedures relating to 1.24 domestic violence; making technical changes to the 1.25 driving while impaired laws; reforming and recodifying 1.26 the law relating to marriage dissolution, child 1.27 custody, child support, maintenance, and property 1.28 division; clarifying certain medical support bonus 1.29 incentive provisions; making style and form changes; 1.30 amending Minnesota Statutes 2000, sections 2.724, 1.31 subdivision 3; 8.16, subdivision 1; 13.87, by adding a 1.32 subdivision; 15A.083, subdivision 4; 169A.03, 1.33 subdivision 12, by adding subdivisions; 169A.20, 1.34 subdivision 3; 169A.25; 169A.26; 169A.27; 169A.275, 1.35 subdivisions 3, 5; 169A.277, subdivision 2; 169A.28, 1.36 subdivision 2; 169A.283, subdivision 1; 169A.37, 1.37 subdivision 1; 169A.40, subdivision 3; 169A.41, 1.38 subdivision 2; 169A.51, subdivision 7; 169A.54, 1.39 subdivision 6; 169A.60, subdivisions 1, 13, 14; 1.40 169A.63, subdivision 1; 171.09; 171.29, subdivision 2; 1.41 241.272, subdivision 6; 242.192; 243.166, subdivisions 1.42 1, 3, 4a, 6; 243.167, subdivision 1; 243.51, 1.43 subdivisions 1, 3; 256.9791; 299A.75, subdivision 1, 1.44 by adding subdivisions; 299C.10, subdivision 1; 1.45 299C.11; 299C.147, subdivision 2; 299C.65, 1.46 subdivisions 1, 2; 299F.058, subdivision 2; 343.20, by 2.1 adding subdivisions; 343.21, subdivisions 9, 10, by 2.2 adding a subdivision; 518.002; 518.003, subdivisions 2.3 1, 3; 518.005; 518.01; 518.02; 518.03; 518.04; 518.05; 2.4 518.055; 518.06; 518.07; 518.09; 518.10; 518.11; 2.5 518.12; 518.13; 518.131; 518.14, subdivision 1; 2.6 518.148; 518.155; 518.156; 518.157, subdivisions 1, 2, 2.7 3, 5, 6; 518.158, subdivisions 2, 4; 518.165; 518.166; 2.8 518.167, subdivisions 3, 4, 5; 518.168; 518.1705, 2.9 subdivision 6; 518.175, subdivisions 1, 1a, 2, 3, 5, 2.10 6, 7, 8; 518.1751, subdivisions 1b, 2, 2a, 2b, 2c, 3; 2.11 518.176; 518.177; 518.178; 518.179, subdivision 1; 2.12 518.18; 518.24; 518.25; 518.54, subdivisions 1, 5, 6, 2.13 7, 8; 518.55; 518.552; 518.58; 518.581; 518.582; 2.14 518.612; 518.619; 518.62; 518.64, subdivisions 1, 2; 2.15 518.641; 518.642; 518.646; 518.65; 518B.01, 2.16 subdivisions 2, 3, 6, 14; 609.02, by adding a 2.17 subdivision; 609.035, subdivision 2; 609.117; 609.224, 2.18 subdivisions 2, 4; 609.2242, subdivisions 2, 4; 2.19 609.487, subdivision 4; 609.495, subdivisions 1, 3; 2.20 609.521; 609.748, subdivisions 6, 8; 609.749, 2.21 subdivisions 4, 5; 611.23; 611.272; 611A.201, 2.22 subdivision 2; 611A.32, by adding a subdivision; 2.23 611A.74, subdivisions 1, 1a; 617.247, subdivisions 3, 2.24 4; 626.52; 626.55, subdivision 1; 629.471, subdivision 2.25 2; 629.72; Laws 1996, chapter 408, article 2, section 2.26 16; proposing coding for new law in Minnesota 2.27 Statutes, chapters 8; 169A; 299A; 299C; 518; 518B; 2.28 609; 626; proposing coding for new law as Minnesota 2.29 Statutes, chapters 517A; 517B; 517C; repealing 2.30 Minnesota Statutes 2000, sections 169A.275, 2.31 subdivision 4; 241.41; 241.42; 241.43; 241.44; 2.32 241.441; 241.45; 243.166, subdivision 10; 518.111; 2.33 518.17; 518.171; 518.185; 518.255; 518.54, 2.34 subdivisions 2, 4a, 13, 14; 518.551; 518.5513; 2.35 518.553; 518.57; 518.575; 518.585; 518.5851; 518.5852; 2.36 518.5853; 518.61; 518.6111; 518.614; 518.615; 518.616; 2.37 518.617; 518.618; 518.6195; 518.64, subdivisions 4, 2.38 4a, 5; 518.66; 609.2244, subdivision 4; 626.55, 2.39 subdivision 2. 2.40 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 2.41 ARTICLE 1 2.42 APPROPRIATIONS 2.43 Section 1. [CRIMINAL JUSTICE APPROPRIATIONS.] 2.44 The sums shown in the columns marked "APPROPRIATIONS" are 2.45 appropriated from the general fund, or another named fund, to 2.46 the agencies and for the purposes specified in this act, to be 2.47 available for the fiscal years indicated for each purpose. The 2.48 figures "2001," "2002," and "2003" where used in this act, mean 2.49 that the appropriation or appropriations listed under them are 2.50 available for the year ending June 30, 2001, June 30, 2002, or 2.51 June 30, 2003, respectively. 2.52 APPROPRIATIONS 2.53 Available for the Year 2.54 Ending June 30 2.55 2002 2003 2.56 Sec. 2. SUPREME COURT 3.1 Subdivision 1. Total 3.2 Appropriation $ 43,861,000 $ 30,174,000 3.3 Summary by Fund 3.4 2002 2003 3.5 General 28,861,000 30,174,000 3.6 Special Revenue 15,000,000 3.7 The amounts that may be spent from this 3.8 appropriation for each program are 3.9 specified in the following subdivisions. 3.10 Subd. 2. Supreme Court Operations 3.11 4,766,000 5,017,000 3.12 Subd. 3. Civil Legal Services 3.13 6,684,000 6,739,000 3.14 This appropriation is for legal 3.15 services to low-income clients and for 3.16 family farm legal assistance under 3.17 Minnesota Statutes, section 480.242. 3.18 Any unencumbered balance remaining in 3.19 the first year does not cancel but is 3.20 available for the second year of the 3.21 biennium. A qualified legal services 3.22 program, as defined in Minnesota 3.23 Statutes, section 480.24, subdivision 3.24 3, may provide legal services to 3.25 persons eligible for family farm legal 3.26 assistance under Minnesota Statutes, 3.27 section 480.242. 3.28 $877,000 the first year and $877,000 3.29 the second year are to improve the 3.30 access of low-income clients to legal 3.31 representation in family law matters. 3.32 This appropriation must be distributed 3.33 under Minnesota Statutes, section 3.34 480.242, to the qualified legal 3.35 services programs described in 3.36 Minnesota Statutes, section 480.242, 3.37 subdivision 2, paragraph (a). Any 3.38 unencumbered balance remaining in the 3.39 first year does not cancel and is 3.40 available for the second year of the 3.41 biennium. 3.42 $100,000 the first year is a one-time 3.43 appropriation to fund civil legal 3.44 services in the sixth judicial district. 3.45 $100,000 the first year and $255,000 3.46 the second year are for increased 3.47 funding for civil legal services. 3.48 Subd. 4. State Court Administration 3.49 Summary by Fund 3.50 2002 2003 3.51 General 15,531,000 16,476,000 3.52 Special Revenue 15,000,000 4.1 $15,000,000 the first year is from the 4.2 contingency account in the special 4.3 revenue fund to continue the 4.4 redevelopment of the court information 4.5 system to be used by all counties to 4.6 integrate court information with other 4.7 criminal justice information. Of this 4.8 amount, $225,000 the first year is 4.9 transferred to the chair of the board 4.10 of public defense for hardware and 4.11 software necessary to redesign 4.12 information systems to accommodate 4.13 changes to the criminal justice 4.14 information system. This is a one-time 4.15 transfer. This appropriation may not 4.16 be used for any other purpose. Any 4.17 unencumbered balances remaining in the 4.18 first year do not cancel but are 4.19 available for the second year of the 4.20 biennium. 4.21 $1,464,000 the first year and 4.22 $1,730,000 the second year are 4.23 appropriated to the state court 4.24 administrator for infrastructure. 4.25 Subd. 5. Law Library Operations 4.26 1,880,000 1,942,000 4.27 Sec. 3. COURT OF APPEALS 7,260,000 7,596,000 4.28 $200,000 the first year and $175,000 4.29 the second year are appropriated to the 4.30 court of appeals for legal research 4.31 assistance. 4.32 Sec. 4. DISTRICT COURTS 109,200,000 114,752,000 4.33 $120,000 each year is for court costs 4.34 related to a six-month review of child 4.35 custody, parenting time, and child 4.36 support orders. 4.37 $320,000 the first year is to reimburse 4.38 Carlton county for extraordinary 4.39 expenses related to homicide trials. 4.40 This is a one-time appropriation. 4.41 $611,000 the first year and $1,511,000 4.42 the second year are to fund a salary 4.43 increase for district court law 4.44 clerks. This appropriation may not be 4.45 used for any other purpose. 4.46 $532,000 the first year and $483,000 4.47 the second year are appropriated to the 4.48 trial courts for infrastructure staff. 4.49 $2,191,000 the first year and 4.50 $2,319,000 the second year are 4.51 appropriated to the trial courts to 4.52 supplement funding for guardians ad 4.53 litem, interpreters, rule 20 and civil 4.54 commitment examinations, and in forma 4.55 pauperis costs in the fifth, seventh, 4.56 eighth, and ninth judicial districts. 4.57 $125,000 each year is for continued 4.58 funding of the community court in the 4.59 fourth judicial district. This is a 5.1 one-time appropriation. 5.2 $125,000 each year is for continued 5.3 funding of the community court in the 5.4 second judicial district. This is a 5.5 one-time appropriation. 5.6 The second judicial district and fourth 5.7 judicial district shall each report 5.8 quarterly to the chairs and ranking 5.9 minority members of the legislative 5.10 committees and divisions with 5.11 jurisdiction over criminal justice 5.12 funding on: 5.13 (1) how money appropriated for this 5.14 initiative was spent; and 5.15 (2) the cooperation of other criminal 5.16 justice agencies and county units of 5.17 government in the community courts' 5.18 efforts. 5.19 The first report is due on October 1, 5.20 2001. None of this appropriation may 5.21 be used for the purpose of complying 5.22 with these reporting requirements. 5.23 $585,000 the first year and $515,000 5.24 the second year are for screener 5.25 collector programs. 5.26 The fifth, seventh, and ninth judicial 5.27 district courts shall implement 5.28 screener collector programs to enhance 5.29 the collection of overdue fine revenue 5.30 by at least ten percent in each 5.31 location serviced by a screener 5.32 collector. Beginning in 2002, the 5.33 state court administrator shall report 5.34 annually, by August 15, the total 5.35 amount of fines collected, the amount 5.36 of overdue fines collected for the two 5.37 preceding fiscal years, and the 5.38 expenditures associated with the 5.39 screener collector program to the 5.40 chairs and ranking minority members of 5.41 the house and senate committees having 5.42 jurisdiction over crime policy and 5.43 judicial finance. 5.44 Sec. 5. BOARD ON JUDICIAL 5.45 STANDARDS 243,000 245,000 5.46 Sec. 6. BOARD OF PUBLIC DEFENSE 5.47 Subdivision 1. Total 5.48 Appropriation 48,320,000 48,805,000 5.49 None of this appropriation shall be 5.50 used to pay for lawsuits against public 5.51 agencies or public officials to change 5.52 social or public policy. 5.53 None of this appropriation shall be 5.54 used to pay an employee solely to 5.55 provide lobbying services or 5.56 legislative advocacy or to serve solely 5.57 as a legislative liaison. 5.58 The chair of the board of public 6.1 defense may reallocate funds from the 6.2 base budget for grants to the five 6.3 existing public defense corporations 6.4 under Minnesota Statutes, section 6.5 611.216. 6.6 By August 1, 2001, the chair of the 6.7 board of public defense shall provide a 6.8 report to the chairs and ranking 6.9 minority members of the house and 6.10 senate committees having jurisdiction 6.11 over criminal justice and judiciary 6.12 finance explaining: (1) the role of the 6.13 public defense corporations; (2) the 6.14 relationship between the board of 6.15 public defense, the state public 6.16 defender, district public defenders, 6.17 and the public defense corporations; 6.18 and (3) the results of a comprehensive 6.19 cost/benefit study of the public 6.20 defense corporations. Upon completion 6.21 of the report, the chairs and ranking 6.22 minority members of the legislative 6.23 committees with jurisdiction over crime 6.24 policy and judiciary finance issues 6.25 shall form a work group to make 6.26 recommendations to the legislature 6.27 regarding the need and role, if any, of 6.28 the public defense corporations. 6.29 The amounts that may be spent from this 6.30 appropriation for each program are 6.31 specified in the following subdivisions. 6.32 Subd. 2. State Public Defender 6.33 3,327,000 3,355,000 6.34 Subd. 3. Administrative Services 6.35 Office 6.36 2,115,000 2,126,000 6.37 Subd. 4. District Public Defense 6.38 42,878,000 43,324,000 6.39 Sec. 7. TAX COURT 729,000 740,000 6.40 $43,000 the first year and $38,000 the 6.41 second year are for a tax court law 6.42 clerk. This appropriation may not be 6.43 used for any other purpose. 6.44 Sec. 8. HUMAN RIGHTS 3,520,000 3,555,000 6.45 6.46 Sec. 9. UNIFORM LAWS COMMISSION 43,000 43,000 6.47 Sec. 10. CORRECTIONS 6.48 Subdivision 1. Total 6.49 Appropriation 361,743,000 374,354,000 6.50 Summary by Fund 6.51 2002 2003 6.52 General 360,354,000 373,112,000 7.1 Special Revenue 1,389,000 1,242,000 7.2 The amounts that may be spent from this 7.3 appropriation for each program are 7.4 specified in the following subdivisions. 7.5 Any unencumbered balances remaining in 7.6 the first year do not cancel but are 7.7 available for the second year of the 7.8 biennium. 7.9 Positions and administrative money may 7.10 be transferred within the department of 7.11 corrections as the commissioner 7.12 considers necessary, upon the advance 7.13 approval of the commissioner of finance. 7.14 For the biennium ending June 30, 2003, 7.15 the commissioner of corrections may, 7.16 with the approval of the commissioner 7.17 of finance, transfer funds to or from 7.18 salaries. 7.19 During the biennium ending June 30, 7.20 2003, the commissioner may enter into 7.21 contracts with private corporations or 7.22 governmental units of the state of 7.23 Minnesota to house adult offenders 7.24 committed to the commissioner of 7.25 corrections. 7.26 The commissioner of corrections, 7.27 commissioner of health, and 7.28 commissioner of public safety shall 7.29 make reasonable efforts to transfer the 7.30 employees whose positions were 7.31 eliminated due to the abolishment of 7.32 the office of the ombudsman of 7.33 corrections to positions within the 7.34 department of corrections, department 7.35 of health, or department of public 7.36 safety. 7.37 If the commissioner deems it necessary 7.38 to reduce line and support personnel 7.39 positions during the biennium ending 7.40 June 30, 2003, the commissioner shall 7.41 make reasonable efforts to reduce at 7.42 least the same percentage of management 7.43 and supervisory personnel. 7.44 Subd. 2. Correctional Institutions 7.45 Summary by Fund 7.46 2002 2003 7.47 General 225,325,000 230,707,000 7.48 Special Revenue 932,000 785,000 7.49 If the commissioner contracts with 7.50 other states, local units of 7.51 government, or the federal government 7.52 to rent beds in the Rush City 7.53 correctional facility, the commissioner 7.54 shall charge a per diem under the 7.55 contract, to the extent possible, that 7.56 is equal to or greater than the per 7.57 diem cost of housing Minnesota inmates 7.58 in the facility. The per diem cost for 8.1 housing inmates of other states, local 8.2 units of government, or other states at 8.3 this facility shall be based on the 8.4 assumption that the facility is at or 8.5 near capacity. Notwithstanding any 8.6 laws to the contrary, the commissioner 8.7 may use the per diem appropriation to 8.8 operate the state correctional 8.9 institutions. 8.10 $100,000 the first year and $100,000 8.11 the second year are for: (1) 8.12 developing a request for proposals from 8.13 vendors to privately operate a 8.14 partially publicly funded, values-based 8.15 prerelease program with a community 8.16 reintegration component at a 8.17 correctional facility with a custody 8.18 level of less than four; and (2) 8.19 implementing the program. The 8.20 commissioner shall issue the request 8.21 for proposals by November 1, 2001, and 8.22 shall select a vendor to begin 8.23 operating the program by January 1, 8.24 2002. This appropriation is available 8.25 until June 30, 2003. 8.26 In order to receive the appropriation, 8.27 the commissioner must obtain an equal 8.28 share of matching grants from the 8.29 federal government or private sources. 8.30 Both financial and in-kind resources 8.31 can serve to fulfill the match 8.32 requirement. 8.33 The commissioner may use any cost 8.34 savings generated through its per diem 8.35 reduction plan for capital improvements 8.36 that will contribute to further per 8.37 diem reductions at adult correctional 8.38 institutions. 8.39 The commissioner of corrections may 8.40 establish a prison health care 8.41 commission to develop an inmate health 8.42 care plan to be provided to offenders 8.43 under the custody of the department. 8.44 The purpose of the prison health care 8.45 commission shall be to specify the 8.46 level of health care services to be 8.47 provided to offenders and to define and 8.48 develop a detailed list of diagnoses 8.49 and treatments that will be provided 8.50 within the resources appropriated to 8.51 the department of corrections for 8.52 offender health care. The department 8.53 of corrections shall use this list to 8.54 manage health care priorities to ensure 8.55 the availability of life-saving 8.56 treatments and maintain an acceptable 8.57 level of health care services for all 8.58 offenders within appropriated resources. 8.59 If established, the prison health care 8.60 commission shall be comprised of the 8.61 following members: 8.62 (1) the commissioner of the department 8.63 of corrections, who will act as the 8.64 chair of the commission; 9.1 (2) the medical director of the 9.2 department of corrections; 9.3 (3) two members of the legislature 9.4 appointed by the governor; 9.5 (4) a representative of the department 9.6 of human services; and 9.7 (5) two wardens of Minnesota 9.8 correctional facilities. 9.9 If established, the prison health care 9.10 commission shall be staffed by an 9.11 interagency workgroup consisting of 9.12 representatives of the departments of 9.13 health, commerce, human services, and 9.14 corrections. 9.15 If established, the prison health care 9.16 commission shall provide a report to 9.17 the governor and the chairs and ranking 9.18 minority members of the house and 9.19 senate committees and divisions having 9.20 jurisdiction over crime prevention and 9.21 judiciary finance that recommends and 9.22 explains a hierarchy of health services 9.23 that represents the comparative 9.24 benefits of each service to the entire 9.25 population to be served. The report 9.26 must be submitted within 12 months of 9.27 the commission's formation date. 9.28 Subd. 3. Juvenile Services 9.29 13,984,000 14,086,000 9.30 In order to maximize federal IV-E 9.31 funding for state committed juvenile 9.32 girls, the department of corrections 9.33 shall make necessary changes to the 9.34 girls facility and program in order to 9.35 be in compliance with IV-E guidelines 9.36 and requirements. All new IV-E funds 9.37 generated by eligible girls committed 9.38 to the commissioner or placed in the 9.39 department of corrections program for 9.40 girls shall be deposited in the general 9.41 fund. 9.42 Subd. 4. Community Services 9.43 Summary by Fund 9.44 General 107,603,000 114,803,000 9.45 Special Revenue 150,000 150,000 9.46 $5,926,000 the first year and 9.47 $8,000,000 the second year are for 9.48 juvenile residential treatment grants 9.49 under Minnesota Statutes 2000, section 9.50 242.193. 9.51 $5,000,000 the first year and 9.52 $10,000,000 the second year are for an 9.53 increase in community corrections act 9.54 subsidy funding. The funding shall be 9.55 distributed according to the community 9.56 corrections aid formula in Minnesota 9.57 Statutes, section 401.10. Of the 10.1 amount of this appropriation 10.2 distributed to the Hennepin county 10.3 community corrections department, at 10.4 least $260,000 must be used by the 10.5 department for a chronic offender pilot 10.6 project. Additionally, Hennepin county 10.7 must provide matching funds of at least 10.8 $160,000 and an in-kind match in an 10.9 amount to be determined by the 10.10 commissioner. 10.11 $2,500,000 each year is for enhanced 10.12 supervision of adult felony sex 10.13 offenders by employing additional 10.14 probation officers to reduce the 10.15 caseloads of probation officers 10.16 supervising sex offenders on probation 10.17 or supervised release and to provide 10.18 treatment to these offenders. The 10.19 commissioner shall determine statewide 10.20 eligibility for these funds according 10.21 to the formula contained in Minnesota 10.22 Statutes, section 401.10. Each 10.23 Community Corrections Act jurisdiction 10.24 and the department's probation and 10.25 supervised release unit shall submit to 10.26 the commissioner an analysis of need 10.27 along with a plan to meet these needs 10.28 and reduce adult felony sex offender 10.29 caseloads. Upon approval of the plans, 10.30 the non-Community Corrections Act 10.31 portion of these funds shall be 10.32 appropriated to the department and the 10.33 distribution shall be based on 10.34 statewide need. The Community 10.35 Corrections Act funds shall be 10.36 disbursed as grants to each Community 10.37 Corrections Act jurisdiction. These 10.38 appropriations may not be used to 10.39 supplant existing state or county 10.40 probation officer positions. Of this 10.41 amount: 10.42 $150,000 each year is for a grant to a 10.43 multicounty community corrections 10.44 agency to continue to provide increased 10.45 supervision of and treatment to sex 10.46 offenders who are on probation, 10.47 intensive community supervision, 10.48 supervised release, or intensive 10.49 supervised release. This grant must be 10.50 used to maintain the number of 10.51 offenders supervised by officers with 10.52 specialized caseloads to an average of 10.53 35 offenders. This appropriation shall 10.54 become part of the base budget of the 10.55 department of corrections for an annual 10.56 grant to the multicounty community 10.57 corrections agency for this purpose. 10.58 The grant recipient must report by 10.59 January 15, 2004, to the house and 10.60 senate committees and divisions with 10.61 jurisdiction over criminal justice 10.62 policy and funding on the outcomes of 10.63 the program, including comparative 10.64 recidivism rates. 10.65 $1,500,000 each year is for the 10.66 productive day initiative program 10.67 defined in Minnesota Statutes, section 10.68 241.275. Of this amount: 11.1 $265,000 is to the Hennepin county 11.2 community corrections agency; 11.3 $265,000 is to the Ramsey county 11.4 community corrections agency; 11.5 $133,000 is to the Dakota county 11.6 community corrections agency; 11.7 $176,000 is to the Anoka county 11.8 community corrections agency; 11.9 $320,000 is to the Arrowhead community 11.10 corrections agency; 11.11 $243,000 is to the 11.12 Dodge-Filmore-Olmsted community 11.13 corrections agency; and 11.14 $98,000 is to the tri-county (Polk, 11.15 Norman, and Red Lake) community 11.16 corrections agency. 11.17 $50,000 the first year and $50,000 the 11.18 second year are for the emergency 11.19 housing initiative. The commissioner 11.20 of corrections may enter into rental 11.21 agreements per industry standards for 11.22 emergency housing. 11.23 $40,000 the first year is for a grant 11.24 to the Institute on Criminal Justice, 11.25 University of Minnesota Law School, to 11.26 be used to study the sanctions imposed 11.27 by judges on extended jurisdiction 11.28 juveniles whose juvenile court 11.29 disposition is revoked. The study must 11.30 include, at a minimum, the following 11.31 information on these offenders: 11.32 (1) the offense for which the offender 11.33 originally was convicted as an extended 11.34 jurisdiction juvenile; 11.35 (2) the provisions of the juvenile 11.36 disposition and the adult criminal 11.37 sentence originally imposed by the 11.38 sentencing court; 11.39 (3) the reason why the juvenile 11.40 disposition was revoked; 11.41 (4) if the offender's stayed prison 11.42 sentence was executed, the duration of 11.43 the executed sentence; and 11.44 (5) if the offender's stayed prison 11.45 sentence was not executed, the adult 11.46 criminal sanctions that were imposed as 11.47 a condition of the stayed sentence 11.48 including, but not limited to, jail 11.49 time, restitution, fine, probation, 11.50 home detention, and treatment. If 11.51 possible, the study shall include a 11.52 comparison of the adult criminal 11.53 sanctions imposed on revoked extended 11.54 jurisdiction juvenile offenders with 11.55 the criminal sanctions imposed on 11.56 similarly-situated adult criminal 11.57 offenders at the time of their initial 11.58 sentencing. 12.1 The institute must present its findings 12.2 to the chairs and ranking minority 12.3 members of the house and senate 12.4 committees having jurisdiction over 12.5 criminal justice funding and policy by 12.6 November 15, 2001. 12.7 $20,000 the first year is for a grant 12.8 to the Institute on Criminal Justice, 12.9 University of Minnesota Law School, to 12.10 be used to formulate a research plan 12.11 for evaluating the implementation and 12.12 impact of a law authorizing a felony 12.13 penalty for repeat impaired driving 12.14 offenders. The research plan shall 12.15 outline the steps needed to conduct a 12.16 rigorous evaluation that addresses both 12.17 the impact of a felony DWI law on 12.18 reoffense rates and its fiscal impact 12.19 on the criminal justice system. The 12.20 plan also must estimate the cost of 12.21 conducting the evaluation. 12.22 At a minimum, the institute must: 12.23 (1) identify and convene an advisory 12.24 group to assist in identifying 12.25 pertinent data sources and outline 12.26 strategies for accessing these sources; 12.27 (2) estimate the number of cases on 12.28 which data would need to be collected 12.29 so that statistical analysis could be 12.30 performed on both a baseline population 12.31 of offenders sentenced before the 12.32 effective date of the felony penalty 12.33 and a population of offenders sentenced 12.34 to a felony-level penalty; 12.35 (3) outline a sampling methodology to 12.36 ensure that all ten judicial districts 12.37 are adequately represented in the 12.38 sample; 12.39 (4) identify practitioners at the 12.40 judicial district level to serve as 12.41 contacts for research staff and to 12.42 answer questions about programmatic 12.43 costs; 12.44 (5) identify the process for manually 12.45 collecting, from individual judicial 12.46 districts, information on sentences 12.47 imposed on the populations of offenders 12.48 being studied; 12.49 (6) establish specific criteria 12.50 delineating how to assess the fiscal 12.51 impact of the felony DWI statute; and 12.52 (7) recommend a time frame within which 12.53 the evaluation study could be completed. 12.54 The institute must submit the research 12.55 plan to the chairs and ranking minority 12.56 members of the house and senate 12.57 committees having jurisdiction over 12.58 criminal justice funding and policy by 12.59 December 15, 2001. 12.60 A $1,400,000 reduction each year in the 13.1 base budget appropriation for community 13.2 services must be directed to reductions 13.3 in extended jurisdiction juvenile 13.4 grants. 13.5 The commissioner of corrections may 13.6 grant to counties up to $9,500 per 13.7 extended jurisdiction juvenile offender 13.8 each year. 13.9 A $421,000 reduction each year in the 13.10 base budget appropriation for community 13.11 services must be directed to reductions 13.12 in programs that provide prerelease and 13.13 postrelease services to American 13.14 Indians released from correctional 13.15 facilities. 13.16 A $200,000 reduction each year in the 13.17 base budget appropriation for community 13.18 services must result from a reduction 13.19 in funding to the community 13.20 preservation unit. 13.21 A $50,000 reduction each year in the 13.22 base budget appropriation for community 13.23 services must result from a reduction 13.24 in funding to the Amicus program. 13.25 Subd. 5. Management Services 13.26 Summary by Fund 13.27 General 13,442,000 13,516,000 13.28 Special Revenue 307,000 307,000 13.29 The $100,000 reduction each year in the 13.30 base budget of management services must 13.31 be directed at reductions to the 13.32 employee development unit. 13.33 $750,000 each year is for: (1) 13.34 detention grants for the statewide 13.35 supervision system; (2) out-of-home 13.36 placement system development; (3) 13.37 electronic probation file transfers; 13.38 and (4) maintaining and conforming the 13.39 department's systems to the CriMNet 13.40 standards and backbone, including the 13.41 Corrections Operational Management 13.42 System (COMS), Statewide Supervision 13.43 System (SSS), Detention Information 13.44 System (DIS), Court Services Tracking 13.45 System (CSTS), and the sentencing 13.46 guidelines worksheet system. This 13.47 money may not be used by the 13.48 commissioner for any other purpose. 13.49 Sec. 11. SENTENCING 13.50 GUIDELINES COMMISSION 526,000 531,000 13.51 $15,000 the first year and $15,000 the 13.52 second year are for increasing the 13.53 salary of the executive director of the 13.54 sentencing guidelines commission. 13.55 Any search conducted to fill the 13.56 position of executive director of the 13.57 sentencing guidelines commission shall 13.58 be done on a statewide basis. 14.1 Sec. 12. CRIME VICTIM 14.2 OMBUDSMAN 135,000 138,000 14.3 Sec. 13. PUBLIC SAFETY 14.4 Subdivision 1. Total 14.5 Appropriation 84,996,000 80,115,000 14.6 Summary by Fund 14.7 2002 2003 14.8 General 80,949,000 76,047,000 14.9 Special Revenue 3,639,000 3,651,000 14.10 State Government 14.11 Special Revenue 7,000 7,000 14.12 Environmental 47,000 49,000 14.13 Trunk Highway 354,000 361,000 14.14 The amounts that may be spent from this 14.15 appropriation for each program are 14.16 specified in the following subdivisions. 14.17 Subd. 2. Emergency Management 14.18 Summary by Fund 14.19 General 3,740,000 3,796,000 14.20 Environmental 47,000 49,000 14.21 The commissioner must convert three of 14.22 the combination hazardous materials 14.23 emergency response/chemical assessment 14.24 teams to stand alone chemical 14.25 assessment teams. The remaining 14.26 combination team must be based in St. 14.27 Paul. The commissioner must also 14.28 establish two additional stand alone 14.29 chemical assessment teams and must base 14.30 one in the metro area and the other in 14.31 greater Minnesota. The commissioner 14.32 must staff all stand alone chemical 14.33 assessment teams with a total of four 14.34 people per team. 14.35 $80,000 each year must be reallocated 14.36 within the base budget to reimburse 14.37 bomb disposal units under Minnesota 14.38 Statutes, section 299C.063. 14.39 $40,000 each year must be reallocated 14.40 within the base budget for training and 14.41 equipment for bomb disposal units. 14.42 Subd. 3. Criminal Apprehension 14.43 Summary by Fund 14.44 General 30,659,000 30,645,000 14.45 Special Revenue 3,639,000 3,651,000 14.46 State Government 14.47 Special Revenue 7,000 7,000 14.48 Trunk Highway 354,000 361,000 15.1 $1,332,000 the first year and 15.2 $1,357,000 the second year from the 15.3 general fund, and notwithstanding 15.4 Minnesota Statutes, section 161.20, 15.5 subdivision 3, $354,000 the first year 15.6 and $361,000 the second year from the 15.7 trunk highway fund are for laboratory 15.8 analysis related to driving while 15.9 intoxicated cases. 15.10 $99,000 the first year and $99,000 the 15.11 second year from the Bureau of Criminal 15.12 Apprehension account in the special 15.13 revenue fund are for grants to local 15.14 officials for the cooperative 15.15 investigation of cross-jurisdictional 15.16 criminal activity. Any unencumbered 15.17 balance remaining in the first year 15.18 does not cancel but is available for 15.19 the second year. 15.20 $445,000 in the first year and $458,000 15.21 the second year are from the Bureau of 15.22 Criminal Apprehension account in the 15.23 special revenue fund are for laboratory 15.24 activities. 15.25 $750,000 each year is for new positions 15.26 to support the criminal and juvenile 15.27 justice information policy group in 15.28 fulfilling its responsibilities 15.29 relating to criminal justice 15.30 information system improvements. 15.31 $2,000,000 each year is from the 15.32 contingency account in the special 15.33 revenue fund for the planning, 15.34 development, and implementation of an 15.35 integration backbone consistent with 15.36 the criminal justice information 15.37 architecture (CriMNet). 15.38 $1,000,000 each year is for the CriMNet 15.39 project component to work on 15.40 eliminating records currently in the 15.41 criminal history suspense file and to 15.42 assist local agencies in changing their 15.43 business practices to prevent 15.44 inaccurate and incomplete data from 15.45 being submitted. In utilizing this 15.46 appropriation, the commissioner of 15.47 public safety must have the goal of 15.48 reducing the number of dispositions 15.49 entering the suspense file from the 15.50 current, approximate 50 percent to 30 15.51 percent in the first year, 20 percent 15.52 the second year, and ten percent in 15.53 future years. Additionally, the 15.54 commissioner must have the goal of 15.55 reducing the existing suspense file by 15.56 50 percent the first year and 90 15.57 percent the second year. This 15.58 appropriation must not be used for any 15.59 other purpose. 15.60 $406,000 the first year and $405,000 15.61 the second year from the general fund 15.62 and $1,095,000 the first year and 15.63 $1,094,000 the second year from the 15.64 contingency account in the special 15.65 revenue fund are for grants under 16.1 Minnesota Statutes, section 299C.65, 16.2 subdivision 7, to implement criminal 16.3 justice information integration plans 16.4 for entities that have completed 16.5 integration plans under Minnesota 16.6 Statutes, section 299C.65, subdivision 16.7 6. 16.8 Up to $4,000,000 of federal funds 16.9 received under the Crime Identification 16.10 Technology Act must be distributed 16.11 under the same criteria and for the 16.12 same purposes as grants under Minnesota 16.13 Statutes, section 299C.65, subdivision 16.14 7, to implement criminal justice 16.15 information integration plans for 16.16 entities that have completed 16.17 integration plans under Minnesota 16.18 Statutes, section 299C.65, subdivision 16.19 6. Within those criteria, the funds 16.20 must be distributed as recommended by 16.21 the criminal and juvenile justice 16.22 policy group established under 16.23 Minnesota Statutes, section 299C.65, 16.24 subdivision 1. The commissioner of 16.25 public safety must attempt to acquire 16.26 additional federal funds under the 16.27 Crime Identification Technology Act and 16.28 any other similar federal funds for 16.29 these, and related, purposes. 16.30 (a) The commissioner of administration 16.31 must contract with an entity outside of 16.32 state government to prepare a 16.33 supplemental evaluation, risk 16.34 assessment, and risk mitigation plan 16.35 for the CriMNet system. The entity 16.36 performing this work must not have any 16.37 other direct or indirect financial 16.38 interest in the project. 16.39 (b) Before January 1, 2002, each 16.40 recipient of an appropriation for the 16.41 CriMNet system must, in consultation 16.42 with the commissioner of 16.43 administration, submit to the entity 16.44 selected under paragraph (a): 16.45 (1) a list of objectives the entity 16.46 expects to achieve with the money 16.47 appropriated to it; and 16.48 (2) a list of performance measures that 16.49 can be used to determine the extent to 16.50 which these objectives are being met. 16.51 (c) The evaluation, risk assessment, 16.52 and risk mitigation plan must 16.53 separately consider each component of 16.54 the project, including: suspense 16.55 files, the integration backbone, the 16.56 Minnesota court information system, 16.57 photo imaging, livescan cardhandler, 16.58 predatory offender registration, CJDN 16.59 upgrade, statewide supervision, and 16.60 county planning and implementation 16.61 grants. For each component, the 16.62 evaluation may also consider: 16.63 (1) the likelihood that each entity 16.64 will achieve its objectives within the 17.1 limits of the money appropriated; and 17.2 (2) the appropriateness of the 17.3 performance measures suggested by each 17.4 entity receiving an appropriation. 17.5 (d) Work on the evaluation, risk 17.6 assessment, and risk mitigation plan 17.7 must begin as soon as practicable but 17.8 no later than November 15, 2001. The 17.9 results of the evaluation, risk 17.10 assessment, and risk mitigation plan 17.11 must be reported to the legislature, 17.12 the commissioner of administration, and 17.13 the chief justice of the supreme court 17.14 by March 15, 2002. The final report 17.15 must include recommendations on changes 17.16 or improvements needed for each 17.17 component of the program and whether or 17.18 not a component should proceed. A 17.19 recommendation not to proceed with a 17.20 component of the project is only 17.21 advisory. Decisions regarding 17.22 proceeding with project components will 17.23 be made by the commissioner of public 17.24 safety in consultation with the policy 17.25 group. 17.26 $12,000 each year is for funding sex 17.27 offender DNA testing. 17.28 $241,000 the first year and $173,000 17.29 the second year are for funding 17.30 additional staff, supplies, and 17.31 equipment necessary to conduct DNA 17.32 testing of persons required under 17.33 Minnesota Statutes, section 609.117, 17.34 subdivision 2, to submit biological 17.35 specimens. 17.36 $200,000 each year is for overtime 17.37 expenses. 17.38 Subd. 4. Fire Marshal 17.39 3,272,000 3,300,000 17.40 Subd. 5. Alcohol and 17.41 Gambling Enforcement 17.42 1,814,000 1,827,000 17.43 Subd. 6. Crime Victims 17.44 Services Center 17.45 31,702,000 31,713,000 17.46 $1,500,000 the first year and 17.47 $1,500,000 the second year are for an 17.48 increase in per diem funding for 17.49 shelters under Minnesota Statutes, 17.50 section 611A.32, and for safe homes. 17.51 Per diem funds under this section shall 17.52 be available only for shelter and safe 17.53 home programs designated by the center 17.54 for crime victim services as of June 17.55 30, 2001. Of these amounts, $1,000,000 17.56 each year must be reallocated from 17.57 within the crime victims services 17.58 center base budget. 18.1 None of this appropriation shall be 18.2 used to fund construction of new 18.3 shelters or safe homes. 18.4 $50,000 each year is for funding safe 18.5 houses, programs, and services for male 18.6 domestic abuse victims and their 18.7 children. 18.8 $75,000 each year must be reallocated 18.9 within the base budget of the crime 18.10 victims services center for grants to 18.11 the cities of Minneapolis and St. Paul 18.12 to provide support services to the 18.13 surviving family members of homicide, 18.14 suicide, and accidental death victims. 18.15 If funds are available, the 18.16 commissioner may expand the grants to 18.17 other cities or counties. Grant 18.18 recipients must provide a 25 percent 18.19 match. The commissioner must report to 18.20 the chairs and ranking minority members 18.21 of the house and senate committees 18.22 having jurisdiction over criminal 18.23 justice funding and policy by January 18.24 15, 2002, on the specific services 18.25 provided under these grants, the 18.26 outcomes achieved, and the number of 18.27 persons served. 18.28 Any unencumbered balances remaining in 18.29 the first year do not cancel but are 18.30 available for the second year of the 18.31 biennium. 18.32 Subd. 7. Law Enforcement 18.33 and Community Grants 18.34 Summary by Fund 18.35 General 7,762,000 6,766,000 18.36 $100,000 the first year is a one-time 18.37 appropriation for increasing public 18.38 awareness about racial profiling. The 18.39 public awareness campaign must include 18.40 information for individuals who believe 18.41 they have been subject to racial 18.42 profiling on how to file a complaint. 18.43 $150,000 the first year is a one-time 18.44 appropriation for developing and 18.45 implementing up to four model policing 18.46 program pilot projects required under 18.47 Minnesota Statutes, section 626.8441, 18.48 subdivision 1, and to produce required 18.49 reports. 18.50 $250,000 the first year is a one-time 18.51 appropriation for a grant to the Ramsey 18.52 county attorney's office to continue 18.53 the joint domestic abuse prosecution 18.54 unit pilot project established by the 18.55 legislature under Laws 2000, chapter 18.56 471, section 3; and Laws 2000, chapter 18.57 488, article 6, section 10. The Ramsey 18.58 county attorney's office and the St. 18.59 Paul city attorney's office shall 18.60 report to the chairs and ranking 18.61 minority members of the senate and 18.62 house committees and divisions having 19.1 jurisdiction over criminal justice 19.2 policy and funding on the pilot 19.3 project. The report may include the 19.4 number and types of cases referred, the 19.5 number of cases charged, the outcome of 19.6 cases, and other relevant outcome 19.7 measures. The report is due to the 19.8 legislature by January 15, 2003. 19.9 $150,000 each year is a one-time 19.10 appropriation for the center for 19.11 reducing rural violence to continue 19.12 providing violence prevention services 19.13 and related technical assistance to 19.14 rural communities. 19.15 $663,000 the first year and $662,000 19.16 the second year is a one-time 19.17 appropriation for grants under either 19.18 Minnesota Statutes, section 299A.62 or 19.19 299A.68. Grants awarded from this 19.20 appropriation under Minnesota Statutes, 19.21 section 299A.62, are for overtime for 19.22 peace officers. Of the total grants 19.23 awarded from this appropriation under 19.24 Minnesota Statutes, section 299A.62, 50 19.25 percent must go to the St. Paul and 19.26 Minneapolis police departments and 50 19.27 percent must go to other law 19.28 enforcement agencies statewide. Any 19.29 amounts from this appropriation awarded 19.30 to the St. Paul police department must 19.31 be used to increase the current degree 19.32 of implementation of the HEAT law 19.33 enforcement strategy. The HEAT law 19.34 enforcement strategy must be a 19.35 community-driven strategic initiative 19.36 that is used to target criminal conduct 19.37 in specific areas of St. Paul with 19.38 higher crime rates than the city 19.39 average. It must target offenders 19.40 based upon their criminal behavior and 19.41 not other factors and be planned and 19.42 implemented taking into consideration 19.43 the wishes of the targeted communities. 19.44 Grants awarded under Minnesota 19.45 Statutes, section 299A.68, may be used 19.46 to cover costs for salaries, equipment, 19.47 office space, and other necessary 19.48 services or expenses of a financial 19.49 crimes investigation unit. The 19.50 commissioner must distribute the grants 19.51 in a manner designed to be equitable to 19.52 the grantees given their contributions 19.53 to the investigation unit and to 19.54 encourage their continued participation. 19.55 A law enforcement agency must provide a 19.56 50 percent match from nonstate funds or 19.57 in-kind contributions in order to 19.58 receive a grant under Minnesota 19.59 Statutes, section 299A.68. 19.60 $500,000 the first year is a one-time 19.61 appropriation for grants under 19.62 Minnesota Statutes, section 299C.065, 19.63 subdivision 1, clause (1), for 19.64 increased law enforcement costs 19.65 relating to methamphetamine trafficking 19.66 and production. Grant recipients must 19.67 be chosen by the office of drug policy 19.68 and violence prevention's narcotics 20.1 enforcement coordinating committee. 20.2 Grants must be allocated in a balanced 20.3 manner among rural, suburban, and urban 20.4 drug task force agencies. Grants may 20.5 be awarded and utilized for the 20.6 following items relating to clandestine 20.7 methamphetamine labs: 20.8 (1) increased general law enforcement 20.9 costs; 20.10 (2) training materials and public 20.11 awareness publications; 20.12 (3) peace officer training courses, 20.13 certification, and equipment; and 20.14 (4) reimbursements to law enforcement 20.15 agencies for extraordinary or unusual 20.16 overtime and investigative expenses. 20.17 Grants must not be utilized for 20.18 methamphetamine lab site cleanup or 20.19 disposal of seized equipment or 20.20 chemicals. Additionally, grants must 20.21 not supplant current local spending or 20.22 other state or federal grants allocated 20.23 by the commissioner of public safety 20.24 for similar purposes. 20.25 $150,000 each year is a one-time 20.26 appropriation for a grant to a 20.27 nonprofit organization that provides 20.28 gang prevention and intervention 20.29 services. The services provided to 20.30 at-risk youth shall include, but are 20.31 not limited to, education, job skills, 20.32 life skills, social recreation, and 20.33 volunteer community service 20.34 opportunities. 20.35 Up to 2.5 percent of these grant funds 20.36 may be used to administer the grant 20.37 programs. 20.38 The commissioner of public safety must 20.39 consider using a portion of federal 20.40 Byrne grant funds for grants to 20.41 organizations or agencies that provide 20.42 gang prevention services, such as the 20.43 boys and girls club, the youth 20.44 experiencing alternatives (YEA) 20.45 program, the police athletic league, 20.46 agencies eligible for Asian-American 20.47 juvenile crime intervention and 20.48 prevention grants under Minnesota 20.49 Statutes, section 299A.2994, 20.50 subdivision 3, clause (2), or other 20.51 similar organizations. 20.52 $1,000,000 each year is a one-time 20.53 appropriation for criminal gang strike 20.54 force grants under Minnesota Statutes, 20.55 section 299A.66. The commissioner of 20.56 public safety must provide direct 20.57 administrative and fiscal oversight for 20.58 all grants awarded under Minnesota 20.59 Statutes, section 299A.66. 20.60 The statewide commander for the 20.61 criminal gang strike force must be 21.1 appointed by the commissioner of public 21.2 safety in consultation with the gang 21.3 strike force oversight council. The 21.4 commander must be a licensed peace 21.5 officer. The commissioner must 21.6 reallocate funds within the base budget 21.7 of the gang strike force as necessary 21.8 to accomplish the commander's shift to 21.9 state employment. 21.10 Any unencumbered balances remaining in 21.11 the first year do not cancel but are 21.12 available for the second year of the 21.13 biennium. 21.14 Sec. 14. BOARD OF PEACE 21.15 OFFICER STANDARDS AND TRAINING 21.16 Summary by Fund 21.17 Special Revenue 4,692,000 4,724,000 21.18 General Fund 400,000 21.19 This appropriation is from the peace 21.20 officer training account in the special 21.21 revenue fund. Any receipts credited to 21.22 the peace officer training fund in the 21.23 special revenue fund in the first year 21.24 in excess of $4,692,000 must be 21.25 transferred and credited to the general 21.26 fund. Any receipts credited to the 21.27 peace officer training account in the 21.28 special revenue fund in the second year 21.29 in excess of $4,724,000 must be 21.30 transferred and credited to the general 21.31 fund. 21.32 $400,000 the first year is a one-time 21.33 appropriation for the board of peace 21.34 officer standards and training to 21.35 conduct regional training seminars that 21.36 are consistent with the learning 21.37 objectives described in Minnesota 21.38 Statutes, section 626.8471, subdivision 21.39 6, and to prepare training guidelines 21.40 and materials under Minnesota Statutes, 21.41 section 626.8471, subdivision 7. 21.42 The POST board must convene a 21.43 conference in 2001 to address 21.44 preservice programs, continuing 21.45 education, various standards, testing 21.46 and licensing, and other topics. The 21.47 board may spend up to $20,000 from its 21.48 base budget for the conference. 21.49 These appropriations may not be used 21.50 for any purposes other than the 21.51 purposes specified. 21.52 Sec. 15. BOARD OF PRIVATE 21.53 DETECTIVE AND PROTECTIVE AGENT 21.54 SERVICES 143,000 144,000 21.55 Sec. 16. DEPARTMENT OF ADMINISTRATION 35,000 21.56 $35,000 the first year is for severance 21.57 costs resulting from elimination of the 21.58 office of corrections ombudsman. To 21.59 the extent practicable and to the 22.1 extent consistent with any collective 22.2 bargaining agreements that apply, the 22.3 commissioner of employee relations must 22.4 find other comparable state employment 22.5 for employees displaced by elimination 22.6 of the office of ombudsman for the 22.7 Minnesota state department of 22.8 corrections. 22.9 Sec. 17. DEFICIENCY APPROPRIATION 22.10 Subdivision 1. Emergency Management Deficiency 22.11 Fiscal Year 2001 22.12 General 4,400,000 22.13 This appropriation for fiscal year 2001 22.14 is added to the appropriation in Laws 22.15 1999, chapter 216, article 1, section 22.16 7, subdivision 2, to provide matching 22.17 funds for federal emergency management 22.18 assistance funds received for natural 22.19 disaster assistance payments. This 22.20 appropriation is available the day 22.21 following final enactment. 22.22 Subd. 2. Tax Court Deficiency 22.23 Fiscal Year 2001 22.24 General 14,000 22.25 This appropriation for fiscal year 2001 22.26 is added to the appropriation in Laws 22.27 1999, chapter 216, article 1, section 22.28 6, for unanticipated severance costs. 22.29 This appropriation is available the day 22.30 following final enactment. 22.31 Sec. 18. SUNSET OF 22.32 UNCODIFIED LANGUAGE 22.33 All uncodified language contained in 22.34 this article expires on June 30, 2003, 22.35 unless a different expiration date is 22.36 explicit. 22.37 ARTICLE 2 22.38 CRIMNET PROVISIONS 22.39 Section 1. Minnesota Statutes 2000, section 299C.10, 22.40 subdivision 1, is amended to read: 22.41 Subdivision 1. [
LAW ENFORCEMENT DUTYREQUIRED 22.42 FINGERPRINTING.] (a) It is hereby made the duty of theSheriffs 22.43 of the respective counties, of the police, peace officers in22.44 cities of the first, second, and third classes, under the22.45 direction of the chiefs of police in such cities, and of22.46 community corrections agencies operating secure juvenile 22.47 detention facilities toshall take or cause to be taken 22.48 immediately finger and thumb prints, photographs, distinctive 23.1 physical mark identification data, information on any known 23.2 aliases or street names, and other identification data requested 23.3 or required by the superintendent of the bureau, of the 23.4 following: 23.5 (1) persons arrested for, appearing in court on a charge 23.6 of, or convicted of a felony or, gross misdemeanor, or targeted 23.7 misdemeanor; 23.8 (2) juveniles arrested for, appearing in court on a charge 23.9 of, adjudicated delinquent for, or alleged to have committed 23.10 felonies or gross misdemeanors as distinguished from those 23.11 committed by adult offenders; 23.12 (3) persons reasonably believed by the arresting officer to 23.13 be fugitives from justice; 23.14 (4) persons in whose possession, when arrested, are found 23.15 concealed firearms or other dangerous weapons, burglar tools or 23.16 outfits, high-power explosives, or articles, machines, or 23.17 appliances usable for an unlawful purpose and reasonably 23.18 believed by the arresting officer to be intended for such 23.19 purposes; and 23.20 (5) juveniles referred by a law enforcement agency to a 23.21 diversion program for a felony or gross misdemeanor offense. 23.22 Unless the superintendent of the bureau requires a shorter 23.23 period, within 24 hours the fingerprint records and other 23.24 identification data specified under this paragraph must be 23.25 forwarded to the bureau of criminal apprehensionon such forms 23.26 and in such manner as may be prescribed by the superintendent of23.27 the bureau of criminal apprehension. 23.28 (b) Effective August 1, 1997, the identification reporting23.29 requirements shall also apply to persons arrested for or alleged23.30 to have committed targeted misdemeanor offenses and juveniles23.31 arrested for or alleged to have committed gross misdemeanors.23.32 In addition, the reporting requirements shall include any known23.33 aliases or street names of the offenders.23.34 (c)For purposes of this section, a targeted misdemeanor is 23.35 a misdemeanor violation of section 169A.20 (driving while 23.36 impaired), 518B.01 (order for protection violation), 609.224 24.1 (fifth degree assault), 609.2242 (domestic assault), 609.746 24.2 (interference with privacy), 609.748 (harassment or restraining 24.3 order violation), or 617.23 (indecent exposure). 24.4 Sec. 2. Minnesota Statutes 2000, section 299C.11, is 24.5 amended to read: 24.6 299C.11 [IDENTIFICATION DATA FURNISHED TO BUREAU.] 24.7 (a) TheEach sheriff of each countyand thechief of police 24.8 of each city of the first, second, and third classesshall 24.9 furnish the bureau, upon such form as the superintendent shall 24.10 prescribe, with such finger and thumb prints, photographs, 24.11 distinctive physical mark identification data, information on 24.12 known aliases and street names, and other identification data as 24.13 may be requested or required by the superintendent of the 24.14 bureau, which maymust be taken under the provisions of section 24.15 299C.10 , of persons who shall be convicted of a felony, gross24.16 misdemeanor, or who shall be. In addition, sheriffs and chiefs 24.17 of police shall furnish this identification data to the bureau 24.18 for individuals found to have been convicted of a felony or, 24.19 gross misdemeanor, or targeted misdemeanor, within the ten years 24.20 nextimmediately preceding their arrest. 24.21 (b) No petition under chapter 609A is required if the 24.22 person has not been convicted of any felony or gross 24.23 misdemeanor, either within or without the state, within the 24.24 period of ten years immediately preceding the determination of 24.25 all pending criminal actions or proceedings in favor of the 24.26 arrested person, and either of the following occurred: 24.27 (1) all charges were dismissed prior to a determination of 24.28 probable cause; or 24.29 (2) the prosecuting authority declined to file any charges 24.30 and a grand jury did not return an indictment. 24.31 Where these conditions are met, the bureau or agency shall, upon 24.32 demand, return to the arrested person finger and thumb prints, 24.33 photographs, distinctive physical mark identification data, 24.34 information on known aliases and street names, and other 24.35 identification data, and all copies and duplicates of them. 24.36 (c) Except as otherwise provided in paragraph (b), upon the 25.1 determination of all pending criminal actions or proceedings in 25.2 favor of the arrested person, and the granting of the petition 25.3 of the arrested person under chapter 609A, the bureau shall seal 25.4 finger and thumb prints, photographs, distinctive physical mark 25.5 identification data, information on known aliases and street 25.6 names, and other identification data, and all copies and 25.7 duplicates of them if the arrested person has not been convicted 25.8 of any felony or gross misdemeanor, either within or without the 25.9 state, within the period of ten years immediately preceding such 25.10 determination. 25.11 (d) DNA samples and DNA records of the arrested person 25.12 shall not be returned, sealed, or destroyed as to a charge 25.13 supported by probable cause. 25.14 (e) For purposes of this section ,: 25.15 (1) "determination of all pending criminal actions or 25.16 proceedings in favor of the arrested person" does not include: 25.17 (1)(i) the sealing of a criminal record pursuant to 25.18 section 152.18, subdivision 1, 242.31, or chapter 609A; 25.19 (2)(ii) the arrested person's successful completion of a 25.20 diversion program; 25.21 (3)(iii) an order of discharge under section 609.165; or 25.22 (4)(iv) a pardon granted under section 638.02; and 25.23 (2) "targeted misdemeanor" has the meaning given in section 25.24 299C.10, subdivision 1. 25.25 Sec. 3. [299C.111] [SUSPENSE FILE REPORTING.] 25.26 (a) By June 1 and December 1 of each year, the 25.27 superintendent shall provide every entity or individual having 25.28 responsibility regarding identification data under section 25.29 299C.10 and the criminal and juvenile justice information policy 25.30 group with summary data on the number of disposition records 25.31 pertaining to the entity or individual that have not been linked 25.32 to an arrest record. 25.33 (b) The superintendent shall immediately notify the 25.34 appropriate entity or individual when a disposition record is 25.35 received that cannot be linked to an arrest record. 25.36 Sec. 4. Minnesota Statutes 2000, section 299C.147, 26.1 subdivision 2, is amended to read: 26.2 Subd. 2. [ESTABLISHMENT.] The bureau shall administer and 26.3 maintain a computerized data system for the purpose of assisting 26.4 criminal justice agencies in monitoring and enforcing the 26.5 conditions of conditional release imposed on criminal offenders 26.6 by a sentencing court or the commissioner of corrections. The 26.7 data in the system are private data as defined in section 13.02, 26.8 subdivision 12, but are accessible to criminal justice agencies 26.9 as defined in section 13.02, subdivision 3a, to public defenders 26.10 as provided in section 611.272, to the district court, and to 26.11 criminal justice agencies in other states in the conduct of 26.12 their official duties. 26.13 Sec. 5. Minnesota Statutes 2000, section 299C.65, 26.14 subdivision 1, is amended to read: 26.15 Subdivision 1. [MEMBERSHIP, DUTIES.] (a) The criminal and 26.16 juvenile justice information policy group consists of the 26.17 commissioner of corrections, the commissioner of public safety, 26.18 the commissioner of administration, the commissioner of finance, 26.19 and four members of the judicial branch appointed by the chief 26.20 justice of the supreme court. The policy group may appoint 26.21 additional, nonvoting members as necessary from time to time. 26.22 (b) The commissioner of public safety is designated as the 26.23 chair of the policy group. The commissioner, in consultation 26.24 with the policy group, has overall responsibility for the 26.25 successful completion of statewide criminal justice information 26.26 system integration (CriMNet). The superintendent of the bureau 26.27 of criminal apprehension is responsible for the day-to-day 26.28 operations of CriMNet. The superintendent may hire a program 26.29 manager to manage the CriMNet projects. The superintendent must 26.30 insure that generally accepted project management techniques are 26.31 utilized for each CriMNet project including: 26.32 (1) clear sponsorship; 26.33 (2) scope management; 26.34 (3) project planning, control, and execution; 26.35 (4) risk assessment and mitigation; 26.36 (5) cost management; 27.1 (6) quality management reviews; 27.2 (7) communications management; and 27.3 (8) proven methodology. 27.4 (c) Products and services for CriMNet project management, 27.5 system design, implementation, and for application hosting must 27.6 be acquired using an appropriate procurement process, that 27.7 includes: 27.8 (1) a determination of required products and services; 27.9 (2) a request for proposal development and identification 27.10 of potential sources; 27.11 (3) competitive bid solicitation, evaluation, and 27.12 selection; and 27.13 (4) contract administration and close-out. 27.14 (d) The policy group shall study and make recommendations 27.15 to the governor, the supreme court, and the legislature on: 27.16 (1) a framework for integrated criminal justice information 27.17 systems, including the development and maintenance of a 27.18 community data model for state, county, and local criminal 27.19 justice information; 27.20 (2) the responsibilities of each entity within the criminal 27.21 and juvenile justice systems concerning the collection, 27.22 maintenance, dissemination, and sharing of criminal justice 27.23 information with one another; 27.24 (3) actions necessary to ensure that information maintained 27.25 in the criminal justice information systems is accurate and 27.26 up-to-date; 27.27 (4) the development of an information system containing 27.28 criminal justice information on gross misdemeanor-level and 27.29 felony-level juvenile offenders that is part of the integrated 27.30 criminal justice information system framework; 27.31 (5) the development of an information system containing 27.32 criminal justice information on misdemeanor arrests, 27.33 prosecutions, and convictions that is part of the integrated 27.34 criminal justice information system framework; 27.35 (6) comprehensive training programs and requirements for 27.36 all individuals in criminal justice agencies to ensure the 28.1 quality and accuracy of information in those systems; 28.2 (7) continuing education requirements for individuals in 28.3 criminal justice agencies who are responsible for the 28.4 collection, maintenance, dissemination, and sharing of criminal 28.5 justice data; 28.6 (8) a periodic audit process to ensure the quality and 28.7 accuracy of information contained in the criminal justice 28.8 information systems; 28.9 (9) the equipment, training, and funding needs of the state 28.10 and local agencies that participate in the criminal justice 28.11 information systems; 28.12 (10) the impact of integrated criminal justice information 28.13 systems on individual privacy rights; 28.14 (11) the impact of proposed legislation on the criminal 28.15 justice system, including any fiscal impact, need for training, 28.16 changes in information systems, and changes in processes; 28.17 (12) the collection of data on race and ethnicity in 28.18 criminal justice information systems; 28.19 (13) the development of a tracking system for domestic 28.20 abuse orders for protection; 28.21 (14) processes for expungement, correction of inaccurate 28.22 records, destruction of records, and other matters relating to 28.23 the privacy interests of individuals; and 28.24 (15) the development of a database for extended 28.25 jurisdiction juvenile records and whether the records should be 28.26 public or private and how long they should be retained. 28.27 Sec. 6. Minnesota Statutes 2000, section 299C.65, 28.28 subdivision 2, is amended to read: 28.29 Subd. 2. [REPORT, TASK FORCE.] (a) The policy group shall 28.30 file an annual report with the governor, supreme court, and 28.31 chairs and ranking minority members of the senate and house 28.32 committees and divisions with jurisdiction over criminal justice 28.33 funding and policy by December 1 of each year. 28.34 (b) The report must make recommendations concerning any 28.35 legislative changes or appropriations that are needed to ensure 28.36 that the criminal justice information systems operate accurately 29.1 and efficiently. To assist them in developing their 29.2 recommendations, the policy group shall appoint a task force 29.3 consisting of its members or their designees and the following 29.4 additional members: 29.5 (1) the director of the office of strategic and long-range 29.6 planning; 29.7 (2) two sheriffs recommended by the Minnesota sheriffs 29.8 association; 29.9 (3) two police chiefs recommended by the Minnesota chiefs 29.10 of police association; 29.11 (4) two county attorneys recommended by the Minnesota 29.12 county attorneys association; 29.13 (5) two city attorneys recommended by the Minnesota league 29.14 of cities; 29.15 (6) two public defenders appointed by the board of public 29.16 defense; 29.17 (7) two district judges appointed by the conference of 29.18 chief judges, one of whom is currently assigned to the juvenile 29.19 court; 29.20 (8) two community corrections administrators recommended by 29.21 the Minnesota association of counties, one of whom represents a 29.22 community corrections act county; 29.23 (9) two probation officers; 29.24 (10) four public members, one of whom has been a victim of 29.25 crime, and two who are representatives of the private business 29.26 community who have expertise in integrated information systems; 29.27 (11) two court administrators; 29.28 (12) one member of the house of representatives appointed 29.29 by the speaker of the house; 29.30 (13) one member of the senate appointed by the majority 29.31 leader; 29.32 (14) the attorney general or a designee; 29.33 (15) the commissioner of administration or a designee; 29.34 (16) an individual recommended by the Minnesota league of 29.35 cities; and 29.36 (17) an individual recommended by the Minnesota association 30.1 of counties. 30.2 In making these appointments, the appointing authority shall 30.3 select members with expertise in integrated data systems or best 30.4 practices. 30.5 (c) The commissioner of public safety may appoint 30.6 additional, nonvoting members to the task force as necessary 30.7 from time to time. 30.8 Sec. 7. [609.118] [FINGERPRINTING REQUIRED.] 30.9 (a) When a person is convicted of a felony, gross 30.10 misdemeanor, or targeted misdemeanor, as defined in section 30.11 299C.10, subdivision 1, or is adjudicated delinquent for a 30.12 felony or gross misdemeanor, the court shall order the offender 30.13 to immediately report to the law enforcement agency responsible 30.14 for the collection of fingerprint and other identification data 30.15 required under section 299C.10, regardless of the sentence 30.16 imposed or executed. 30.17 (b) Paragraph (a) does not apply if the person is remanded 30.18 to the custody of a law enforcement agency or if the 30.19 identification data was collected prior to the conviction or 30.20 adjudication for the offense. 30.21 (c) A person who fails to obey a court order under 30.22 paragraph (a) is subject to probation revocation, contempt of 30.23 court, or any other appropriate remedy. 30.24 (d) This section does not limit or restrict any other 30.25 statutory requirements or local policies regarding the 30.26 collection of identification data. 30.27 Sec. 8. [EFFECTIVE DATES.] 30.28 Sections 1 to 7 are effective July 1, 2001, except that 30.29 section 3, paragraph (b), is effective August 1, 2001. 30.30 ARTICLE 3 30.31 PREDATORY OFFENDER REGISTRATION AND RELATED PROVISIONS 30.32 Section 1. Minnesota Statutes 2000, section 243.166, 30.33 subdivision 1, is amended to read: 30.34 Subdivision 1. [REGISTRATION REQUIRED.] (a) A person shall 30.35 register under this section if: 30.36 (1) the person was charged with or petitioned for a felony 31.1 violation of or attempt to violate any of the following, and 31.2 convicted of or adjudicated delinquent for that offense or 31.3 another offense arising out of the same set of circumstances: 31.4 (i) murder under section 609.185, clause (2); or 31.5 (ii) kidnapping under section 609.25; or 31.6 (iii) criminal sexual conduct under section 609.342; 31.7 609.343; 609.344; 609.345; or 609.3451, subdivision 3; or 31.8 (iv) indecent exposure under section 617.23, subdivision 3; 31.9 or 31.10 (2) the person was charged with or petitioned for falsely 31.11 imprisoning a minor in violation of section 609.255, subdivision 31.12 2; soliciting a minor to engage in prostitution in violation of 31.13 section 609.322 or 609.324; soliciting a minor to engage in 31.14 sexual conduct in violation of section 609.352; using a minor in 31.15 a sexual performance in violation of section 617.246; or 31.16 possessing pornographic work involving a minor in violation of 31.17 section 617.247, and convicted of or adjudicated delinquent for 31.18 that offense or another offense arising out of the same set of 31.19 circumstances; or 31.20 (3) the person was convicted of a predatory crime as 31.21 defined in section 609.108, and the offender was sentenced as a 31.22 patterned sex offender or the court found on its own motion or 31.23 that of the prosecutor that the crime was part of a predatory 31.24 pattern of behavior that had criminal sexual conduct as its 31.25 goal; or 31.26 (4) the person was convicted of or adjudicated delinquent 31.27 for, including pursuant to a court martial, violating a law of 31.28 the United States, including the Uniform Code of Military 31.29 Justice, similar to the offenses described in clause (1), (2), 31.30 or (3). 31.31 (b) A person also shall register under this section if :31.32 (1)the person was convicted of or adjudicated delinquent 31.33 in another state for an offense that would be a violation of a 31.34 law described in paragraph (a) if committed in this state ;31.35 (2)and the person enters the state to reside, or towork, 31.36 or attend school ; and32.1 (3) ten years have not elapsed since the person was32.2 released from confinement or, if the person was not confined,32.3 since the person was convicted of or adjudicated delinquent for32.4 the offense that triggers registration, or the person lives in 32.5 the state, regardless of the date of the person's conviction or 32.6 delinquency adjudication. 32.7 For purposes of this paragraph: 32.8 (i) "school" includes any public or private educational 32.9 institution, including any secondary school, trade or 32.10 professional institution, or institution of higher education, 32.11 that the person is enrolled in on a full-time or part-time 32.12 basis; and 32.13 (ii) "work" includes employment that is full-time or 32.14 part-time for a period of time exceeding 14 days or for an 32.15 aggregate period of time exceeding 30 days during any calendar 32.16 year, whether financially compensated, volunteered, or for the 32.17 purpose of government or educational benefit. 32.18 (c) A person also shall register under this section if the 32.19 person was committed pursuant to a court commitment order under 32.20 section 253B.185 or Minnesota Statutes 1992, section 526.10, or 32.21 a similar law of another state or the United States, regardless 32.22 of whether the person was convicted of any offense. 32.23 (d) A person also shall register under this section if: 32.24 (1) the person was charged with or petitioned for a felony 32.25 violation or attempt to violate any of the offenses listed in 32.26 paragraph (a), clause (1), or a similar law of another state or 32.27 the United States, or the person was charged with or petitioned 32.28 for a violation of any of the offenses listed in paragraph (a), 32.29 clause (2), or a similar law of another state or the United 32.30 States; 32.31 (2) the person was found not guilty by reason of mental 32.32 illness or mental deficiency after a trial for that offense, or 32.33 found guilty but mentally ill after a trial for that offense, in 32.34 states with a guilty but mentally ill verdict; and 32.35 (3) the person was committed pursuant to a court commitment 32.36 order under section 253B.18 or a similar law of another state or 33.1 the United States. 33.2 Sec. 2. Minnesota Statutes 2000, section 243.166, 33.3 subdivision 3, is amended to read: 33.4 Subd. 3. [REGISTRATION PROCEDURE.] (a) A person required 33.5 to register under this section shall register with the 33.6 corrections agent as soon as the agent is assigned to the 33.7 person. If the person does not have an assigned corrections 33.8 agent or is unable to locate the assigned corrections agent, the 33.9 person shall register with the law enforcement agency that has 33.10 jurisdiction in the area of the person's residence. 33.11 (b) At least five days before the person starts living at a 33.12 new primary address, including living in another state, the 33.13 person shall give written notice of the new primary living 33.14 address to the assigned corrections agent or to the law 33.15 enforcement authority with which the person currently is 33.16 registered. If the person will be living in a new state and 33.17 that state has a registration requirement, the person shall also 33.18 give written notice of the new address to the designated 33.19 registration agency in the new state. The corrections agent or 33.20 law enforcement authority shall, within two business days after 33.21 receipt of this information, forward it to the bureau of 33.22 criminal apprehension. The bureau of criminal apprehension 33.23 shall, if it has not already been done, notify the law 33.24 enforcement authority having primary jurisdiction in the 33.25 community where the person will live of the new address. If the 33.26 person is leaving the state, the bureau of criminal apprehension 33.27 shall notify the registration authority in the new state of the 33.28 new address. If the person's obligation to register arose under 33.29 subdivision 1, paragraph (b), the person's Minnesota 33.30 registration requirements under this section terminate when the 33.31 person begins living in the new state. If the person returns to 33.32 live in the state, the person must resume registration for the 33.33 duration of the person's original registration period, if any. 33.34 (c) A person required to register under subdivision 1, 33.35 paragraph (b), because the person is working or attending school 33.36 in Minnesota shall register with the law enforcement agency that 34.1 has jurisdiction in the area where the person works or attends 34.2 school. In addition to other information required by this 34.3 section, the person shall provide the address of the school or 34.4 of the location where the person is employed. A person must 34.5 comply with this paragraph within five days of beginning 34.6 employment or school. A person's obligation to register in 34.7 Minnesota under this paragraph terminates when the person is no 34.8 longer working or attending school in Minnesota. If the person 34.9 returns to work or to attend school in the state, the person 34.10 must resume registration for the duration of the person's 34.11 original registration period, if any. 34.12 (d) A person required to register under this section who 34.13 works or attends school outside of Minnesota shall register as a 34.14 predatory offender in the state where the person works or 34.15 attends school. The person's corrections agent, or if the 34.16 person does not have an assigned corrections agent, the law 34.17 enforcement authority that has jurisdiction in the area of the 34.18 person's residence shall notify the person of this requirement. 34.19 Sec. 3. Minnesota Statutes 2000, section 243.166, 34.20 subdivision 4a, is amended to read: 34.21 Subd. 4a. [INFORMATION REQUIRED TO BE PROVIDED.] (a) A 34.22 person required to register under this section shall provide to 34.23 the corrections agent or law enforcement authority the following 34.24 information: 34.25 (1) the address of the person's primary residence; 34.26 (2) the addresses of all the person's secondary 34.27 residences in Minnesota, including all addresses used for 34.28 residential or recreational purposes; 34.29 (3) the addresses of all Minnesota property owned, leased, 34.30 or rented by the person; 34.31 (4) the addresses of all locations where the person is 34.32 employed; 34.33 (5) the addresses of all residences where the person 34.34 resides while attending school; and 34.35 (6) the year, model, make, license plate number, and color 34.36 of all motor vehicles owned or regularly driven by the 35.1 person. "Motor vehicle" has the meaning given "vehicle" in 35.2 section 169.01, subdivision 2. 35.3 (b) The person shall report to the agent or authority the 35.4 information required to be provided under paragraph (a), clauses 35.5 (2) to (6), within five days of the date the clause becomes 35.6 applicable. If because of a change in circumstances a clause no 35.7 longer applies to previously reported information, the person 35.8 shall immediately inform the agent or authority that the 35.9 information is no longer valid. 35.10 Sec. 4. Minnesota Statutes 2000, section 243.166, 35.11 subdivision 6, is amended to read: 35.12 Subd. 6. [REGISTRATION PERIOD.] (a) Notwithstanding the 35.13 provisions of section 609.165, subdivision 1, and except as 35.14 provided in paragraphs (b), (c), and (d), a person required to 35.15 register under this section shall continue to comply with this 35.16 section until ten years have elapsed since the person initially 35.17 registered in connection with the offense, or until the 35.18 probation, supervised release, or conditional release period 35.19 expires, whichever occurs later. For a person required to 35.20 register under this section who is committed under section 35.21 253B.18 or 253B.185, the ten-year registration period does not 35.22 include the period of commitment. 35.23 (b) If a person required to register under this section 35.24 fails to register following a change in residence, the 35.25 commissioner of public safety may require the person to continue 35.26 to register for an additional period of five years. This 35.27 five-year period is added to the end of the offender's 35.28 registration period. 35.29 (c) If a person required to register under this section is 35.30 subsequently incarcerated following a revocation of probation, 35.31 supervised release, or conditional release for that offense, or 35.32 a conviction for any new offense, the person shall continue to 35.33 register until ten years have elapsed since the person was last 35.34 released from incarceration or until the person's probation, 35.35 supervised release, or conditional release period expires, 35.36 whichever occurs later. 36.1 (d) A person shall continue to comply with this section for 36.2 the life of that person: 36.3 (1) if the person is convicted of or adjudicated delinquent 36.4 for any offense for which registration is required under 36.5 subdivision 1, or any offense from another state or any federal 36.6 offense similar to the offenses described in subdivision 1, and 36.7 the person has a prior conviction or adjudication for an offense 36.8 for which registration was required under subdivision 1, or an 36.9 offense from another state or a federal offense similar to an 36.10 offense described in subdivision 1; 36.11 (2) if the person is required to register based upon a 36.12 conviction or delinquency adjudication for an offense under 36.13 section 609.185, clause (2); 609.342, subdivision 1, paragraph 36.14 (a), (c), (d), (e), (f), or (h); 609.343, subdivision 1, 36.15 paragraph (a), (c), (d), (e), (f), or (h); 609.344, subdivision 36.16 1, paragraph (a), (c), or (g); or 609.345, subdivision 1, 36.17 paragraph (a), (c), or (g); or a statute from another state or 36.18 the United States similar to the offenses described in this 36.19 clause; or 36.20 (3) if the person is required to register under subdivision 36.21 1, paragraph (c), following commitment pursuant to a court 36.22 commitment under section 253B.185 or a similar law of another 36.23 state or the United States. 36.24 Sec. 5. Minnesota Statutes 2000, section 243.167, 36.25 subdivision 1, is amended to read: 36.26 Subdivision 1. [DEFINITION.] As used in this section, 36.27 "crime against the person" means a violation of any of the 36.28 following or a similar law of another state or of the United 36.29 States: section 609.165; 609.185; 609.19; 609.195; 609.20; 36.30 609.205; 609.221; 609.222; 609.223; 609.224, subdivision 2 or 4; 36.31 609.2242, subdivision 2 or 4; 609.235; 609.245, subdivision 1; 36.32 609.25; 609.255; 609.3451, subdivision 2; 609.498, subdivision 36.33 1; 609.582, subdivision 1; or 617.23, subdivision 2; or any 36.34 felony-level violation of section 609.229; 609.377; 609.749; or 36.35 624.713. 36.36 Sec. 6. Minnesota Statutes 2000, section 609.117, is 37.1 amended to read: 37.2 609.117 [DNA ANALYSIS OF CERTAINSEX OFFENDERS REQUIRED.] 37.3 Subdivision 1. [UPON SENTENCING.] The court shall order an 37.4 offender to provide a biological specimen for the purpose of DNA 37.5 analysis as defined in section 299C.155 when: 37.6 (1) the court sentences a person charged with violating or 37.7 attempting to violate any of the following, and the person is 37.8 convicted of that offense or of any offense arising out of the 37.9 same set of circumstances: 37.10 (i) murder under section 609.185, 609.19, or 609.195; 37.11 (ii) manslaughter under section 609.20 or 609.205; 37.12 (iii) assault under section 609.221, 609.222, or 609.223; 37.13 (iv) robbery under section 609.24 or aggravated robbery 37.14 under section 609.245; 37.15 (v) kidnapping under section 609.25; 37.16 (vi) false imprisonment under section 609.255; 37.17 (vii) criminal sexual conduct under section 609.342, 37.18 609.343, 609.344, or609.345, or 609.3451, subdivision 3; 37.19 (viii) incest under section 609.365; 37.20 (ix) burglary under section 609.582, subdivision 1; or 37.21 (x) indecent exposure under section 617.23, subdivision 3 ,37.22 clause (2); 37.23 (2) the court sentences a person as a patterned sex 37.24 offender under section 609.108; or 37.25 (3) the juvenile court adjudicates a person a delinquent 37.26 child who is the subject of a delinquency petition for violating 37.27 or attempting to violate any of the following, and the 37.28 delinquency adjudication is based on a violation of one of those 37.29 sections or of any offense arising out of the same set of 37.30 circumstances: 37.31 (i) murder under section 609.185, 609.19, or 609.195; 37.32 (ii) manslaughter under section 609.20 or 609.205; 37.33 (iii) assault under section 609.221, 609.222, or 609.223; 37.34 (iv) robbery under section 609.24 or aggravated robbery 37.35 under section 609.245; 37.36 (v) kidnapping under section 609.25; 38.1 (vi) false imprisonment under section 609.255; 38.2 (vii) criminal sexual conduct under section 609.342, 38.3 609.343, 609.344, or609.345, or 609.3451, subdivision 3; 38.4 (viii) incest under section 609.365; 38.5 (ix) burglary under section 609.582, subdivision 1; or 38.6 (x) indecent exposure under section 617.23, subdivision 3 ,38.7 clause (2). 38.8 The biological specimen or the results of the analysis shall be 38.9 maintained by the bureau of criminal apprehension as provided in 38.10 section 299C.155. 38.11 Subd. 2. [BEFORE RELEASE.] The commissioner of corrections 38.12 or local corrections authority shall order a person to provide a 38.13 biological specimen for the purpose of DNA analysis before 38.14 completion of the person's term of imprisonment when the person 38.15 has not provided a biological specimen for the purpose of DNA 38.16 analysis and the person: 38.17 (1) was convicted ofis currently serving a term of 38.18 imprisonment for or has a past conviction for violating or 38.19 attempting to violate any of the following or a similar law of 38.20 another state or the United States or initially charged with 38.21 violating one of the following sections or a similar law of 38.22 another state or the United States and convicted of another 38.23 offense arising out of the same set of circumstances: 38.24 (i) murder under section 609.185, 609.19, or 609.195; 38.25 (ii) manslaughter under section 609.20 or 609.205; 38.26 (iii) assault under section 609.221, 609.222, or 609.223; 38.27 (iv) robbery under section 609.24 or aggravated robbery 38.28 under section 609.245; 38.29 (v) kidnapping under section 609.25; 38.30 (vi) false imprisonment under section 609.255; 38.31 (vii) criminal sexual conduct under section 609.342, 38.32 609.343, 609.344, or609.345, or 609.3451, subdivision 3; 38.33 (viii) incest under section 609.365; 38.34 (ix) burglary under section 609.582, subdivision 1; or 38.35 (x) indecent exposure under section 617.23, subdivision 3 ,38.36 clause (2); or 39.1 (2) was sentenced as a patterned sex offender under section 39.2 609.108, and committed to the custody of the commissioner of 39.3 corrections; or 39.4 (3) is serving a term of imprisonment in this state under a 39.5 reciprocal agreement although convicted in another state of an 39.6 offense described in this subdivision or a similar law of the 39.7 United States or any other state. The commissioner of 39.8 corrections or local corrections authority shall forward the 39.9 sample to the bureau of criminal apprehension. 39.10 Subd. 3. [OFFENDERS FROM OTHER STATES.] When the state 39.11 accepts an offender from another state under the interstate 39.12 compact authorized by section 243.16, the acceptance is 39.13 conditional on the offender providing a biological specimen for 39.14 the purposes of DNA analysis as defined in section 299C.155, if 39.15 the offender was convicted of an offense described in 39.16 subdivision 1 or a similar law of the United States or any other 39.17 state. The specimen must be provided under supervision of staff 39.18 from the department of corrections or a community corrections 39.19 act county within 15 business days after the offender reports to 39.20 the supervising agent. The cost of obtaining the biological 39.21 specimen is the responsibility of the agency providing 39.22 supervision. 39.23 Sec. 7. [LEGISLATIVE INTENT; REPEAL OF SECTION 243.166, 39.24 SUBDIVISION 10.] 39.25 The original intent of the legislature in enacting 39.26 Minnesota Statutes, section 243.166, subdivision 10, was to 39.27 provide for a more uniform application of the predatory offender 39.28 registration law. Applying certain amendments to the law 39.29 retroactively to certain offenders was intended to ease the 39.30 administrative burden on agencies enforcing the law and better 39.31 serve the policy underlying it. The subdivision was not 39.32 intended to act as a limitation on registration but rather, in 39.33 some cases, as an expansion. The intent in repealing this 39.34 subdivision is to prevent a potential judicial misinterpretation 39.35 of it that was neither intended nor contemplated by the 39.36 legislature. The repeal must not be construed as a substantive 40.1 change in the application or scope of Minnesota Statutes, 40.2 section 243.166. 40.3 Sec. 8. [REPEALER.] 40.4 Minnesota Statutes 2000, section 243.166, subdivision 10, 40.5 is repealed. 40.6 Sec. 9. [EFFECTIVE DATES.] 40.7 Sections 1 to 7 are effective the day following final 40.8 enactment, except that section 2, subdivision 3, paragraphs (b) 40.9 and (c), are effective retroactively. Section 8 is effective 40.10 retroactive to April 4, 2000. 40.11 ARTICLE 4 40.12 GENERAL CRIMINAL PROVISIONS 40.13 Section 1. Minnesota Statutes 2000, section 343.20, is 40.14 amended by adding a subdivision to read: 40.15 Subd. 6. [PET OR COMPANION ANIMAL.] "Pet or companion 40.16 animal" includes any animal owned, possessed by, cared for, or 40.17 controlled by a person for the present or future enjoyment of 40.18 that person or another as a pet or companion, or any stray pet 40.19 or stray companion animal. 40.20 Sec. 2. Minnesota Statutes 2000, section 343.20, is 40.21 amended by adding a subdivision to read: 40.22 Subd. 7. [SERVICE ANIMAL.] "Service animal" means an 40.23 animal trained to assist a person with a disability. 40.24 Sec. 3. Minnesota Statutes 2000, section 343.20, is 40.25 amended by adding a subdivision to read: 40.26 Subd. 8. [SUBSTANTIAL BODILY HARM.] "Substantial bodily 40.27 harm" means bodily injury which involves a temporary but 40.28 substantial disfigurement, or which causes a temporary but 40.29 substantial loss or impairment of the function of any bodily 40.30 member or organ, or which causes a fracture of any bodily member 40.31 to a service animal or a pet or companion animal. 40.32 Sec. 4. Minnesota Statutes 2000, section 343.20, is 40.33 amended by adding a subdivision to read: 40.34 Subd. 9. [GREAT BODILY HARM.] "Great bodily harm" means 40.35 bodily injury which creates a high probability of death, or 40.36 which causes serious permanent disfigurement, or which causes a 41.1 permanent or protracted loss or impairment of the function of 41.2 any bodily member or organ, or other serious bodily harm to a 41.3 service animal or a pet or companion animal. 41.4 Sec. 5. Minnesota Statutes 2000, section 343.21, is 41.5 amended by adding a subdivision to read: 41.6 Subd. 8a. [HARMING A SERVICE ANIMAL.] No person shall 41.7 intentionally and without justification cause bodily harm to a 41.8 service animal while it is providing service or while it is in 41.9 the custody of the person it serves. 41.10 Sec. 6. Minnesota Statutes 2000, section 343.21, 41.11 subdivision 9, is amended to read: 41.12 Subd. 9. [PENALTY.] (a) Except as otherwise provided in 41.13 this subdivision, a person who fails to comply with any 41.14 provision of this section is guilty of a misdemeanor. A person 41.15 convicted of a second or subsequent violation of subdivision 1 41.16 or 7 within five years of a previous violation of subdivision 1 41.17 or 7 is guilty of a gross misdemeanor. 41.18 (b) A person who intentionally violates subdivision 1 or 7 41.19 where the violation results in substantial bodily harm to a pet 41.20 or companion animal may be sentenced to imprisonment for not 41.21 more than one year or to payment of a fine of not more than 41.22 $3,000, or both. 41.23 (c) A person convicted of violating paragraph (b) within 41.24 five years of a previous gross misdemeanor or felony conviction 41.25 for violating this section may be sentenced to imprisonment for 41.26 not more than two years or to payment of a fine of not more than 41.27 $5,000, or both. 41.28 (d) A person who intentionally violates subdivision 1 or 7 41.29 where the violation results in death or great bodily harm to a 41.30 pet or companion animal may be sentenced to imprisonment for not 41.31 more than two years or to payment of a fine of not more than 41.32 $5,000, or both. 41.33 (e) A person who violates subdivision 8a where the 41.34 violation results in substantial bodily harm to a service animal 41.35 may be sentenced to imprisonment for not more than two years or 41.36 to payment of a fine of not more than $5,000, or both. 42.1 (f) A person who intentionally violates subdivision 1 or 7 42.2 where the violation results in substantial bodily harm to a pet 42.3 or companion animal, and the act is done to threaten, 42.4 intimidate, or terrorize another person, may be sentenced to 42.5 imprisonment for not more than two years or to payment of a fine 42.6 of not more than $5,000, or both. 42.7 (g) A person who violates subdivision 8a where the 42.8 violation results in death or great bodily harm to a service 42.9 animal may be sentenced to imprisonment for not more than four 42.10 years or to payment of a fine of not more than $10,000, or both. 42.11 (h) A person who intentionally violates subdivision 1 or 7 42.12 where the violation results in death or great bodily harm to a 42.13 pet or companion animal, and the act is done to threaten, 42.14 intimidate, or terrorize another person, may be sentenced to 42.15 imprisonment for not more than four years or to payment of a 42.16 fine of not more than $10,000, or both. 42.17 Sec. 7. Minnesota Statutes 2000, section 343.21, 42.18 subdivision 10, is amended to read: 42.19 Subd. 10. [RESTRICTIONS.] If a person is convicted of 42.20 violating this section, the court shall require that pet or 42.21 companion animals , as defined in section 346.36, subdivision 6,42.22 that have not been seized by a peace officer or agent and are in 42.23 the custody or control of the person must be turned over to a 42.24 peace officer or other appropriate officer or agent unless the 42.25 court determines that the person is able and fit to provide 42.26 adequately for an animal. If the evidence indicates lack of 42.27 proper and reasonable care of an animal, the burden is on the 42.28 person to affirmatively demonstrate by clear and convincing 42.29 evidence that the person is able and fit to have custody of and 42.30 provide adequately for an animal. The court may limit the 42.31 person's further possession or custody of pet or companion 42.32 animals, and may impose other conditions the court considers 42.33 appropriate, including, but not limited to: 42.34 (1) imposing a probation period during which the person may 42.35 not have ownership, custody, or control of a pet or companion 42.36 animal; 43.1 (2) requiring periodic visits of the person by an animal 43.2 control officer or agent appointed pursuant to section 343.01, 43.3 subdivision 1; 43.4 (3) requiring performance by the person of community 43.5 service in a humane facility; and 43.6 (4) requiring the person to receive psychological, 43.7 behavioral, or other counseling. 43.8 Sec. 8. Minnesota Statutes 2000, section 609.487, 43.9 subdivision 4, is amended to read: 43.10 Subd. 4. [FLEEING AN OFFICER; DEATH; BODILY INJURY.] 43.11 Whoever flees or attempts to flee by means of a motor vehicle a 43.12 peace officer who is acting in the lawful discharge of an 43.13 official duty, and the perpetrator knows or should reasonably 43.14 know the same to be a peace officer, and who in the course of 43.15 fleeing causes the death of a human being not constituting 43.16 murder or manslaughter or any bodily injury to any person other 43.17 than the perpetrator may be sentenced to imprisonment as follows: 43.18 (a) If the course of fleeing results in death, to 43.19 imprisonment for not more than ten40 years or to payment of a 43.20 fine of not more than $20,000$80,000, or both; or 43.21 (b) If the course of fleeing results in great bodily harm, 43.22 to imprisonment for not more than seven years or to payment of a 43.23 fine of not more than $14,000, or both; or 43.24 (c) If the course of fleeing results in substantial bodily 43.25 harm, to imprisonment for not more than five years or to payment 43.26 of a fine of not more than $10,000, or both. 43.27 Sec. 9. Minnesota Statutes 2000, section 609.495, 43.28 subdivision 1, is amended to read: 43.29 Subdivision 1. (a) Whoever harbors, conceals, oraids, or 43.30 assists by word or acts another known bywhom the actor to have43.31 knows or has reason to know has committed a felonycrime under 43.32 the laws of this or another state or of the United States with 43.33 intent that such offender shall avoid or escape from arrest, 43.34 trial, conviction, or punishment, may be sentenced to 43.35 imprisonment for not more than three years or to payment of a 43.36 fine of not more than $5,000, or both if the crime committed or 44.1 attempted by the other person is a felony. 44.2 (b) Whoever knowingly harbors, conceals, or aids a person 44.3 who is on probation, parole, or supervised release because of a 44.4 felony level conviction and for whom an arrest and detention 44.5 order has been issued, with intent that the person evade or 44.6 escape being taken into custody under the order, may be 44.7 sentenced to imprisonment for not more than three years or to 44.8 payment of a fine of not more than $5,000, or both. As used in 44.9 this paragraph, "arrest and detention order" means a written 44.10 order to take and detain a probationer, parolee, or supervised 44.11 releasee that is issued under section 243.05, subdivision 1; 44.12 244.19, subdivision 4; or 401.02, subdivision 4. 44.13 Sec. 10. Minnesota Statutes 2000, section 609.495, 44.14 subdivision 3, is amended to read: 44.15 Subd. 3. Whoever intentionally aids another person known44.16 bywhom the actor to haveknows or has reason to know has 44.17 committed a criminal act, by destroying or concealing evidence 44.18 of that crime, providing false or misleading information about 44.19 that crime, receiving the proceeds of that crime, or otherwise 44.20 obstructing the investigation or prosecution of that crime is an 44.21 accomplice after the fact and may be sentenced to not more than 44.22 one-half of the statutory maximum sentence of imprisonment or to 44.23 payment of a fine of not more than one-half of the maximum fine 44.24 that could be imposed on the principal offender for the crime of 44.25 violence. For purposes of this subdivision, "criminal act" 44.26 means an act that is a crime listed in section 609.11, 44.27 subdivision 9, under the laws of this or another state, or of 44.28 the United States, and also includes an act that would be a 44.29 criminal act if committed by an adult. 44.30 Sec. 11. Minnesota Statutes 2000, section 609.521, is 44.31 amended to read: 44.32 609.521 [POSSESSION OF SHOPLIFTING GEAR.] 44.33 (a) As used in this section, an "electronic article 44.34 surveillance system" means any electronic device or devices that 44.35 are designed to detect the unauthorized removal of marked 44.36 merchandise from a store. 45.1 (b) Whoever has in possession any device, gear, or 45.2 instrument speciallydesigned to assist in shoplifting or 45.3 defeating an electronic article surveillance system with intent 45.4 to use the same to shoplift and thereby commit theft may be 45.5 sentenced to imprisonment for not more than three years or to 45.6 payment of a fine of not more than $5,000, or both. 45.7 Sec. 12. [609.652] [FRAUDULENT DRIVERS' LICENSES AND 45.8 IDENTIFICATION CARDS; PENALTY.] 45.9 Subdivision 1. [DEFINITIONS.] For purposes of this section: 45.10 (1) "driver's license or identification card" means a 45.11 driver's license or identification card issued by the driver and 45.12 vehicle services division of the department of public safety or 45.13 receipts issued by its authorized agents or those of any state 45.14 or jurisdiction as defined in section 171.01 that issues 45.15 licenses recognized in this state for the operation of a motor 45.16 vehicle or that issues identification cards recognized in this 45.17 state for the purpose of indicating a person's legal name and 45.18 age; 45.19 (2) "fraudulent driver's license or identification card" 45.20 means a document purporting to be a driver's license or 45.21 identification card, but that is not authentic; and 45.22 (3) "sell" means to sell, give away, barter, deliver, 45.23 exchange, distribute, or dispose of to another. 45.24 Subd. 2. [CRIMINAL ACTS.] A person who does any of the 45.25 following with intent to manufacture, sell, issue, publish, or 45.26 pass more than one fraudulent driver's license or identification 45.27 card or to cause or permit any of the items listed in clauses 45.28 (1) to (4) to be used in forging or making more than one false 45.29 or counterfeit driver's license or identification card for 45.30 consideration is guilty of a crime: 45.31 (1) has in control, custody, or possession any plate, 45.32 block, press, stone, digital image, computer software program, 45.33 encoding equipment, computer optical scanning equipment, or 45.34 digital photo printer, or other implement, or any part of such 45.35 an item, designed to assist in making a fraudulent driver's 45.36 license or identification card; 46.1 (2) engraves, makes, or amends, or begins to engrave, make, 46.2 or amend, any plate, block, press, stone, or other implement for 46.3 the purpose of producing a fraudulent driver's license or 46.4 identification card; 46.5 (3) uses a photocopier, digital camera, photographic image, 46.6 or computer software to generate a fraudulent driver's license 46.7 or identification card; or 46.8 (4) has in control, custody, or possession or makes or 46.9 provides paper or other material adapted and designed for the 46.10 making of a fraudulent driver's license or identification card. 46.11 Subd. 3. [PENALTIES.] A person who commits any act 46.12 described in subdivision 2 is guilty of a gross misdemeanor. A 46.13 person convicted of a second or subsequent offense of this 46.14 subdivision may be sentenced to imprisonment for not more than 46.15 four years or to payment of a fine of not more than $10,000, or 46.16 both. 46.17 Sec. 13. Minnesota Statutes 2000, section 617.247, 46.18 subdivision 3, is amended to read: 46.19 Subd. 3. [DISSEMINATION PROHIBITED.] (a) A person who 46.20 disseminates pornographic work to an adult or a minor, knowing 46.21 or with reason to know its content and character, is guilty of a 46.22 felony and may be sentenced to imprisonment for not more than 46.23 fiveseven years and a fine of not more than $10,000 for a first 46.24 offense and for not more than ten15 years and a fine of not 46.25 more than $20,000 for a second or subsequent offense. 46.26 (b) A person who violates paragraph (a) is guilty of a 46.27 felony and may be sentenced to imprisonment for not more than 15 46.28 years if the violation occurs when the person is a registered 46.29 predatory offender under section 243.166. 46.30 Sec. 14. Minnesota Statutes 2000, section 617.247, 46.31 subdivision 4, is amended to read: 46.32 Subd. 4. [POSSESSION PROHIBITED.] (a) A person who 46.33 possesses a pornographic work or a computer disk or computer or 46.34 other electronic, magnetic, or optical storage system or a 46.35 storage system of any other type, containing a pornographic 46.36 work, knowing or with reason to know its content and character, 47.1 is guilty of a felony and may be sentenced to imprisonment for 47.2 not more than threefive years and a fine of not more than 47.3 $5,000 for a first offense and for not more than fiveten years 47.4 and a fine of not more than $10,000 for a second or subsequent 47.5 offense. 47.6 (b) A person who violates paragraph (a) is guilty of a 47.7 felony and may be sentenced to imprisonment for not more than 47.8 ten years if the violation occurs when the person is a 47.9 registered predatory offender under section 243.166. 47.10 Sec. 15. [626.18] [ELECTRONIC SEARCH WARRANTS.] 47.11 Subdivision 1. [DEFINITIONS.] The definitions in this 47.12 subdivision apply to this section. 47.13 (a) The terms "electronic communication services" and 47.14 "remote computing services" shall be construed in accordance 47.15 with United States Code, title 18, sections 2701 to 2711. This 47.16 section does not apply to corporations that do not provide those 47.17 services to the general public. 47.18 (b) An "adverse result" occurs when notification of the 47.19 existence of a search warrant results in: 47.20 (1) danger to the life or physical safety of an individual; 47.21 (2) a flight from prosecution; 47.22 (3) the destruction of or tampering with evidence; 47.23 (4) the intimidation of potential witnesses; or 47.24 (5) serious jeopardy to an investigation or undue delay of 47.25 a trial. 47.26 (c) "Applicant" means a peace officer as defined in section 47.27 626.05, to whom a search warrant is issued pursuant to chapter 47.28 626. 47.29 (d) "Minnesota corporation" refers to any corporation or 47.30 other entity that is subject to section 5.25, excluding foreign 47.31 corporations. 47.32 (e) A "foreign corporation" is considered to be doing 47.33 business in Minnesota if it makes a contract or engages in a 47.34 terms of service agreement with a resident of Minnesota to be 47.35 performed in whole or in part by either party in Minnesota. The 47.36 making of the contract or terms of service agreement is 48.1 considered to be the agreement of the foreign corporation that 48.2 any administrative subpoena or search warrant properly served on 48.3 it has the same legal force and effect as if served personally 48.4 on it within the state of Minnesota. 48.5 (f) "Properly served" means that a search warrant has been 48.6 delivered by hand, or in a manner reasonably allowing for proof 48.7 of delivery if delivered by United States mail, overnight 48.8 delivery service, or facsimile to a person or entity listed in 48.9 section 5.25 or covered by this statute. 48.10 Subd. 2. [APPLICATION.] (a) The following provisions shall 48.11 apply to any search warrant issued under this chapter allowing a 48.12 search for records that are in the actual or constructive 48.13 possession of a foreign corporation that provides electronic 48.14 communication services or remote computing services to the 48.15 general public, where those records would reveal the identity of 48.16 the customers using those services; data stored by, or on behalf 48.17 of, the customer; the customer's usage of those services; the 48.18 recipient or destination of communications sent to or from those 48.19 customers; or the content of those communications. 48.20 (b) When properly served with a search warrant issued by 48.21 the Minnesota court, a foreign corporation subject to this 48.22 section shall provide to the applicant all records sought 48.23 pursuant to that warrant within eight business days of receipt, 48.24 including those records maintained or located outside this state. 48.25 (c) Where the applicant makes a showing and the judge finds 48.26 that failure to produce records within less than eight business 48.27 days would cause an adverse result, the warrant may require 48.28 production of records within less than eight business days. A 48.29 court may reasonably extend the time required for production of 48.30 the records upon finding that the foreign corporation has shown 48.31 good cause for that extension and that an extension of time 48.32 would not cause an adverse result. 48.33 (d) A foreign corporation seeking to quash the warrant must 48.34 seek relief from the court that issued the warrant within the 48.35 time required for production of records under this section. The 48.36 issuing court shall hear and decide that motion no later than 49.1 eight court days after the motion is filed. 49.2 (e) The foreign corporation shall verify the authenticity 49.3 of records that it produces by providing a written affidavit or 49.4 statement to that effect. 49.5 Subd. 3. [WARRANT OF ANOTHER STATE.] A Minnesota 49.6 corporation that provides electronic communication services or 49.7 remote computing services to the general public, when served 49.8 with a warrant issued by another state to produce records that 49.9 would reveal the identity of the customers using those services; 49.10 data stored by, or on behalf of, the customer; the customer's 49.11 usage of those services; the recipient or destination of 49.12 communications sent to or from those customers; or the content 49.13 of those communications, shall produce those records as if that 49.14 warrant had been issued by a Minnesota court. 49.15 Subd. 4. [IMMUNITY.] No cause of action shall lie against 49.16 any foreign or Minnesota corporation subject to this section, 49.17 its officers, employees, agents, or other specified persons for 49.18 providing records, information, facilities, or assistance in 49.19 accordance with the terms of a warrant issued pursuant to this 49.20 chapter. 49.21 Sec. 16. [EFFECTIVE DATE.] 49.22 Sections 1 to 14 are effective August 1, 2001, and apply to 49.23 crimes committed on or after that date. 49.24 ARTICLE 5 49.25 COURTS 49.26 Section 1. Minnesota Statutes 2000, section 2.724, 49.27 subdivision 3, is amended to read: 49.28 Subd. 3. [RETIRED JUSTICES AND JUDGES.] (a) The chief 49.29 justice of the supreme court may assign a retired justice of the 49.30 supreme court to act as a justice of the supreme court pursuant 49.31 to subdivision 2 or as a judge of any other court. The chief 49.32 justice may assign a retired judge of any court to act as a 49.33 judge of any court except the supreme court. A judge acting49.34 pursuant to this paragraph shall receive pay and expenses in the49.35 amount and manner provided by law for judges serving on the49.36 court to which the retired judge is assigned, less the amount of50.1 retirement pay which the judge is receivingThe chief justice of 50.2 the supreme court shall determine the pay and expenses to be 50.3 received by a judge acting pursuant to this paragraph. 50.4 (b) A judge who has been elected to office and who has 50.5 retired as a judge in good standing and is not practicing law 50.6 may also be appointed to serve as judge of any court except the 50.7 supreme court. A retired judge acting under this paragraph will 50.8 receive pay and expenses in the amount established by the 50.9 supreme court. 50.10 Sec. 2. Minnesota Statutes 2000, section 15A.083, 50.11 subdivision 4, is amended to read: 50.12 Subd. 4. [RANGES FOR OTHER JUDICIAL POSITIONS.] Salaries 50.13 or salary ranges are provided for the following positions in the 50.14 judicial branch of government. The appointing authority of any 50.15 position for which a salary range has been provided shall fix 50.16 the individual salary within the prescribed range, considering 50.17 the qualifications and overall performance of the employee. The 50.18 supreme court shall set the salary of the state court 50.19 administrator and the salaries of district court 50.20 administrators. The salary of the state court administrator or 50.21 a district court administrator may not exceed the salary of a 50.22 district court judge. If district court administrators die, the 50.23 amounts of their unpaid salaries for the months in which their 50.24 deaths occur must be paid to their estates. The salary of the 50.25 state public defender must be 95 percent of the salary of the50.26 attorney generalshall be fixed by the state board of public 50.27 defense but must not exceed the salary of a district court judge. 50.28 Salary or Range 50.29 Effective 50.30 July 1, 1994 50.31 Board on judicial standards 50.32 executive director $44,000-60,000 50.33 Sec. 3. Minnesota Statutes 2000, section 611.23, is 50.34 amended to read: 50.35 611.23 [OFFICE OF STATE PUBLIC DEFENDER; APPOINTMENT; 50.36 SALARY.] 51.1 The state public defender is responsible to the state board 51.2 of public defense. The state public defender shall be appointed 51.3 by the state board of public defense for a term of four years, 51.4 except as otherwise provided in this section, and until a 51.5 successor is appointed and qualified. The state public defender 51.6 shall be a full-time qualified attorney, licensed to practice 51.7 law in this state, serve in the unclassified service of the 51.8 state, and be removed only for cause by the appointing 51.9 authority. Vacancies in the office shall be filled by the 51.10 appointing authority for the unexpired term. The salary of the 51.11 state public defender shall be fixed by the state board of 51.12 public defense but must not exceed the salary of the chief51.13 deputy attorney generala district court judge. Terms of the 51.14 state public defender shall commence on July 1. The state 51.15 public defender shall devote full time to the performance of 51.16 duties and shall not engage in the general practice of law. 51.17 Sec. 4. Minnesota Statutes 2000, section 611.272, is 51.18 amended to read: 51.19 611.272 [ACCESS TO GOVERNMENT DATA.] 51.20 The district public defender, the state public defender, or 51.21 an attorney working for a public defense corporation under 51.22 section 611.216 has access to the criminal justice data 51.23 communications network described in section 299C.46, as provided 51.24 in this section. Access to data under this section is limited 51.25 to data regarding the public defender's own client as necessary 51.26 to prepare criminal cases in which the public defender has been 51.27 appointed, including, but not limited to, criminal history data 51.28 under section 13.87; juvenile offender data under section 51.29 299C.095; warrant information data under section 299C.115; 51.30 incarceration data under section 299C.14; conditional release 51.31 data under section 299C.147; and diversion program data under 51.32 section 299C.46, subdivision 5. The public defender does not 51.33 have access to law enforcement active investigative data under 51.34 section 13.82, subdivision 7; data protected under section 51.35 13.82, subdivision 17; or confidential arrest warrant indices 51.36 data under section 13.82, subdivision 19. The public defender 52.1 has access to the data at no charge, except for the monthly 52.2 network access charge under section 299C.46, subdivision 3, 52.3 paragraph (b), and a reasonable installation charge for a 52.4 terminal. Notwithstanding section 13.87, subdivision 3, there 52.5 shall be no charge to public defenders for Internet access to 52.6 public criminal history data. 52.7 ARTICLE 6 52.8 PUBLIC SAFETY 52.9 Section 1. Minnesota Statutes 2000, section 13.87, is 52.10 amended by adding a subdivision to read: 52.11 Subd. 3. [INTERNET ACCESS.] (a) Notwithstanding section 52.12 13.03, subdivision 3, paragraph (a), the bureau of criminal 52.13 apprehension may charge a fee for Internet access to public 52.14 criminal history data provided through August 1, 2003. The fee 52.15 may not exceed $5 per inquiry or the amount needed to recoup the 52.16 actual cost of implementing and providing Internet access, 52.17 whichever is less. 52.18 (b) The Web site must include a notice to the subject of 52.19 the data of the right to contest the accuracy or completeness of 52.20 data, as provided under section 13.04, subdivision 4, and 52.21 provide a telephone number and address that the subject may 52.22 contact for further information on this process. 52.23 (c) The Web site must include the effective date of data 52.24 that is posted. 52.25 (d) The Web site must include a description of the types of 52.26 criminal history data not available on the site, including 52.27 arrest data, juvenile data, criminal history data from other 52.28 states, federal data, data on convictions where 15 years have 52.29 elapsed since discharge of the sentence, and other data that are 52.30 not accessible to the public. 52.31 Sec. 2. Minnesota Statutes 2000, section 171.29, 52.32 subdivision 2, is amended to read: 52.33 Subd. 2. [FEES, ALLOCATION.] (a) A person whose driver's 52.34 license has been revoked as provided in subdivision 1, except 52.35 under section 169A.52 or, 169A.54, or 609.21, shall pay a $30 52.36 fee before the driver's license is reinstated. 53.1 (b) A person whose driver's license has been revoked as 53.2 provided in subdivision 1 under section 169A.52 or, 169A.54, or 53.3 609.21, shall pay a $250$360 fee plus a $40 surcharge before 53.4 the driver's license is reinstated. Of the revenue from the 53.5 $360 fee, $200,000 of the revenue from the first $250 must be 53.6 credited to a separate account to be known as the 53.7 alcohol-impaired driver education account, and is appropriated 53.8 each fiscal year to the commissioner of children, families, and 53.9 learning for programs for elementary and secondary school 53.10 students. The $250remainder of the revenue from the $360 fee 53.11 is to be credited as follows: 53.12 (1) Twenty percent of the revenue from the first $250 must 53.13 be credited to the trunk highway fund. 53.14 (2) Fifty-five percent must be credited to the general fund.53.15 (3)Eight percent of the revenue from the first $250 must 53.16 be credited to a separate account to be known as the bureau of 53.17 criminal apprehension account. Money in this account may be 53.18 appropriated to the commissioner of public safety and the 53.19 appropriated amount must be apportioned 80 percent for 53.20 laboratory costs and 20 percent for carrying out the provisions 53.21 of section 299C.065. 53.22 (4) Twelve percent must be credited to a separate account53.23 to be known as the alcohol-impaired driver education account.53.24 Money in the account is appropriated as follows:53.25 (i) the first $200,000 in a fiscal year to the commissioner53.26 of children, families, and learning for programs for elementary53.27 and secondary school students; and53.28 (ii) the remainder credited in a fiscal year to the53.29 commissioner of transportation to be spent as grants to the53.30 Minnesota highway safety center at St. Cloud State University53.31 for programs relating to alcohol and highway safety education in53.32 elementary and secondary schools.53.33 (5)(3) Five percent of the revenue from the first $250 53.34 must be credited to a separate account to be known as the 53.35 traumatic brain injury and spinal cord injury account. 53.36 (4) The remainder of the revenue from the $360 fee must be 54.1 credited to the general fund. 54.2 (c) The money in the traumatic brain injury and spinal cord 54.3 injury account is annually appropriated to the commissioner of 54.4 health to be used as follows: 35 percent for a contract with a 54.5 qualified community-based organization to provide information, 54.6 resources, and support to assist persons with traumatic brain 54.7 injury and their families to access services, and 65 percent to 54.8 maintain the traumatic brain injury and spinal cord injury 54.9 registry created in section 144.662. For the purposes of this 54.10 clause, a "qualified community-based organization" is a private, 54.11 not-for-profit organization of consumers of traumatic brain 54.12 injury services and their family members. The organization must 54.13 be registered with the United States Internal Revenue Service 54.14 under section 501(c)(3) as a tax-exempt organization and must 54.15 have as its purposes: 54.16 (i) the promotion of public, family, survivor, and 54.17 professional awareness of the incidence and consequences of 54.18 traumatic brain injury; 54.19 (ii) the provision of a network of support for persons with 54.20 traumatic brain injury, their families, and friends; 54.21 (iii) the development and support of programs and services 54.22 to prevent traumatic brain injury; 54.23 (iv) the establishment of education programs for persons 54.24 with traumatic brain injury; and 54.25 (v) the empowerment of persons with traumatic brain injury 54.26 through participation in its governance. 54.27 No patient's name, identifying information or identifiable 54.28 medical data will be disclosed to the organization without the 54.29 informed voluntary written consent of the patient or patient's 54.30 guardian, or if the patient is a minor, of the parent or 54.31 guardian of the patient. 54.32 (c)(d) The $40 surcharge must be credited to a separate 54.33 account to be known as the remote electronic alcohol monitoring 54.34 program account. The commissioner shall transfer the balance of 54.35 this account to the commissioner of finance on a monthly basis 54.36 for deposit in the general fund. 55.1 (d)(e) When these fees are collected by a licensing agent, 55.2 appointed under section 171.061, a handling charge is imposed in 55.3 the amount specified under section 171.061, subdivision 4. The 55.4 reinstatement fees and surcharge must be deposited in an 55.5 approved state depository as directed under section 171.061, 55.6 subdivision 4. 55.7 Sec. 3. [299A.68] [FINANCIAL CRIMES INVESTIGATION UNIT 55.8 ESTABLISHED.] 55.9 Subdivision 1. [INVESTIGATION UNIT ESTABLISHED.] A group 55.10 of two or more local governmental units may enter into an 55.11 agreement to establish a major financial crimes investigation 55.12 unit. 55.13 Subd. 2. [INVESTIGATION UNIT'S DUTIES.] The investigation 55.14 unit shall investigate consumer identity theft cases and 55.15 reported financial crimes from individuals and businesses who 55.16 are victims of such crimes. The investigation unit shall focus 55.17 on financial crimes including, but not limited to: theft, 55.18 fraud, and forgery crimes, including identity theft, check 55.19 forgery, fraud in obtaining credit, financial transaction card 55.20 fraud, theft from merchants, possession or sale of stolen or 55.21 counterfeit checks, issuance of dishonored checks, creation or 55.22 use of counterfeit state identification, obtaining counterfeit 55.23 state identification, fraudulent Internet transactions, 55.24 fraudulent merchandise returns, and other related financial 55.25 crimes. In particular, the investigation unit shall target 55.26 criminals who: 55.27 (1) commit multiple cross-jurisdictional financial crimes; 55.28 (2) employ computers and other sophisticated technology to 55.29 counterfeit documents or commit fraud; or 55.30 (3) illegally obtain consumer information for identity 55.31 theft. 55.32 Subd. 3. [ROLE OF PARTICIPATING LOCAL GOVERNMENTAL UNITS.] 55.33 The local governmental units that agree to form and participate 55.34 in the financial crimes investigation unit shall oversee the 55.35 investigation unit's operation by establishing procedures and 55.36 guidelines in their agreement. The agreement may address the 56.1 following: 56.2 (1) the command structure of the investigation unit; 56.3 (2) acquisition of equipment, office space, and 56.4 transportation; 56.5 (3) procedures for contracting for necessary administrative 56.6 support; 56.7 (4) selection and assignment of members; 56.8 (5) transfer of investigation unit members; 56.9 (6) resolution of disputes between participating local 56.10 governmental units; and 56.11 (7) all other issues deemed pertinent by the participating 56.12 local governmental units. 56.13 Subd. 4. [COMMANDER.] The participating local governmental 56.14 units shall select a commander to direct the investigation 56.15 unit. The commander shall make tactical decisions regarding the 56.16 commencement, continuation, and conclusion of investigations of 56.17 crimes within the investigation unit's jurisdiction. The 56.18 commander shall also report annually to the bureau of criminal 56.19 apprehension as required in subdivision 11. 56.20 Subd. 5. [MEMBERS.] The investigation unit may include law 56.21 enforcement officers, prosecutors, federal law enforcement 56.22 officers, and investigators from local governmental units who 56.23 are selected by their supervisors to participate in the 56.24 investigation unit. All law enforcement officers selected to 56.25 join the investigation unit must be licensed peace officers 56.26 under section 626.84, subdivision 1. Members shall remain 56.27 employees of the same entity that employed them before joining 56.28 the investigation unit. Members are not state employees. 56.29 Subd. 6. [JURISDICTION.] Law enforcement officers who are 56.30 members of the investigation unit shall have statewide 56.31 jurisdiction to conduct criminal investigations into financial 56.32 crimes as described in subdivision 2 and possess the same powers 56.33 of arrest as those possessed by a sheriff. 56.34 Subd. 7. [COLLABORATION WITH OTHER PROSECUTORS AND LAW 56.35 ENFORCEMENT OFFICERS.] To the greatest degree possible, the 56.36 investigation unit shall cooperate and collaborate with existing 57.1 prosecutorial offices and law enforcement agencies. 57.2 Subd. 8. [PROSECUTOR.] A local governmental unit may seek 57.3 a grant for reimbursement for the time and resources that a 57.4 prosecutor and the prosecutor's staff dedicate to the 57.5 investigation unit. A participating prosecutor shall remain an 57.6 employee of the contributing county. 57.7 Subd. 9. [FORFEITURE.] Property seized by the 57.8 investigation unit is subject to forfeiture pursuant to sections 57.9 609.531, 609.5312, 609.5313, and 609.5315 if ownership cannot be 57.10 established. The investigation unit shall receive the proceeds 57.11 from the sale of all property that it properly seizes and that 57.12 is forfeited. 57.13 Subd. 10. [REQUIRED REPORTS.] (a) Beginning June 30, 2002, 57.14 the commander of the investigation unit shall report annually to 57.15 the commissioner on the activities of the investigation unit and 57.16 the use of grants awarded under article 1, section 14, 57.17 subdivision 8. 57.18 (b) By March 1, 2003, the commissioner of public safety 57.19 shall report to the chairs and ranking minority members of the 57.20 house of representatives and senate committees and divisions 57.21 having jurisdiction over criminal justice policy and funding on 57.22 the activities of the investigation unit and the use of grants 57.23 awarded under article 1, section 14, subdivision 8. 57.24 Subd. 11. [EXPIRATION.] This section expires on June 30, 57.25 2003. 57.26 Sec. 4. Minnesota Statutes 2000, section 299A.75, 57.27 subdivision 1, is amended to read: 57.28 Subdivision 1. [PROGRAM DESCRIBED; COMMISSIONER'S DUTIES.] 57.29 (a) The commissioner of public safety shall: 57.30 (1) develop and sponsor the implementation of statewide 57.31 plans, programs, and strategies to combat automobile theft, 57.32 improve the administration of the automobile theft laws, and 57.33 provide a forum for identification of critical problems for 57.34 those persons dealing with automobile theft; 57.35 (2) coordinate the development, adoption, and 57.36 implementation of plans, programs, and strategies relating to 58.1 interagency and intergovernmental cooperation with respect to 58.2 automobile theft enforcement; 58.3 (3) annually audit the plans and programs that have been 58.4 funded in whole or in part to evaluate the effectiveness of the 58.5 plans and programs and withdraw funding should the commissioner 58.6 determine that a plan or program is ineffective or is no longer 58.7 in need of further financial support from the fund; 58.8 (4) develop a plan of operation including an assessment of 58.9 the scope of the problem of automobile theft, including areas of 58.10 the state where the problem is greatest; an analysis of various 58.11 methods of combating the problem of automobile theft; a plan for 58.12 providing financial support to combat automobile theft; a plan 58.13 for eliminating car hijacking; and an estimate of the funds 58.14 required to implement the plan; and 58.15 (5) distribute money pursuant to subdivision 3 from the 58.16 automobile theft prevention special revenue account for 58.17 automobile theft prevention activities, including: 58.18 (i) paying the administrative costs of the program; 58.19 (ii) providing financial support to the state patrol and 58.20 local law enforcement agencies for automobile theft enforcement 58.21 teams; 58.22 (iii) providing financial support to state or local law 58.23 enforcement agencies for programs designed to reduce the 58.24 incidence of automobile theft and for improved equipment and 58.25 techniques for responding to automobile thefts; 58.26 (iv) providing financial support to local prosecutors for 58.27 programs designed to reduce the incidence of automobile theft; 58.28 (v) providing financial support to judicial agencies for 58.29 programs designed to reduce the incidence of automobile theft; 58.30 (vi) providing financial support for neighborhood or 58.31 community organizations or business organizations for programs 58.32 designed to reduce the incidence of automobile theft, and to 58.33 educate people about the common methods of auto theft, the 58.34 models of automobile most likely to be stolen, and the times and 58.35 places automobile theft is most likely to occur; and 58.36 (vii) providing financial support for automobile theft 59.1 educational and training programs for state and local law 59.2 enforcement officials, driver and vehicle services exam and 59.3 inspections staff, and members of the judiciary ; and59.4 (viii) conducting educational programs designed to inform59.5 automobile owners of methods of preventing automobile theft and59.6 to provide equipment, for experimental purposes, to enable59.7 automobile owners to prevent automobile theft. 59.8 (b) The commissioner may not spend in any fiscal year more 59.9 than ten percent of the money in the fund for the program's 59.10 administrative and operating costs. The commissioner must 59.11 distribute the full amount of the proceeds credited to the 59.12 automobile theft prevention special revenue account each year. 59.13 Sec. 5. Minnesota Statutes 2000, section 299A.75, is 59.14 amended by adding a subdivision to read: 59.15 Subd. 3. [CRITERIA; APPLICATION.] (a) A county attorney's 59.16 office, law enforcement agency, neighborhood organization, 59.17 community organization, or business organization may apply for a 59.18 grant under this section. Multiple offices or agencies within a 59.19 county may apply for a grant under this section. 59.20 (b) The commissioner must develop criteria for the fair 59.21 distribution of grants from the automobile theft prevention 59.22 account that address the following factors: 59.23 (1) the number of reported automobile thefts per capita in 59.24 a city, county, or region, not merely the total number of 59.25 automobile thefts; 59.26 (2) the population of the jurisdiction of the applicant 59.27 office or agency; 59.28 (3) the total funds distributed within a county or region; 59.29 and 59.30 (4) the statewide interest in automobile theft reduction. 59.31 (c) The commissioner may give priority to: 59.32 (1) offices and agencies engaged in a collaborative effort 59.33 to reduce automobile theft; and 59.34 (2) counties or regions with the greatest rates of 59.35 automobile theft. 59.36 (d) The minimum amount of a grant award is $5,000. After 60.1 considering the automobile theft rate and total population of an 60.2 applicant's jurisdiction, if a grant award as determined under 60.3 the criteria and priorities in this subdivision would be less 60.4 than $5,000, it must not be awarded. 60.5 Sec. 6. Minnesota Statutes 2000, section 299A.75, is 60.6 amended by adding a subdivision to read: 60.7 Subd. 4. [ADVISORY BOARD; CREATION; MEMBERSHIP.] An 60.8 automobile theft prevention advisory board is established to 60.9 advise the commissioner on the distribution of grants under this 60.10 section. The board must consist of seven members appointed by 60.11 the commissioner and must include representatives of law 60.12 enforcement, prosecuting attorneys, automobile insurers, and the 60.13 public. The commissioner must annually select a chair from 60.14 among its members. 60.15 Sec. 7. Minnesota Statutes 2000, section 299F.058, 60.16 subdivision 2, is amended to read: 60.17 Subd. 2. [MEMBERSHIP.] (a) The arson strike force consists 60.18 of representatives from the following agencies and organizations: 60.19 (1) the division of fire marshal; 60.20 (2) the bureau of criminal apprehension; 60.21 (3) the office of attorney general; 60.22 (4) the Minnesota county attorneys association; 60.23 (5) the Bureau of Alcohol, Tobacco, and Firearms of the 60.24 United States Treasury Department; 60.25 (6) the Minneapolis police and fire arson unit; 60.26 (7) the St. Paul police and fire arson unit; 60.27 (8) licensed private detectives selected by the state fire 60.28 marshal or the attorney general or their designees; and 60.29 (9) any other arson experts the arson strike force deems 60.30 appropriate to include. 60.31 (b) The arson strike force, as necessary, may consult and 60.32 work with representatives of property insurance agencies and 60.33 organizations and any other private organizations that have 60.34 expertise in arson investigations and prosecutions. 60.35 (c) Representatives from the attorney general's office and 60.36 the county attorneys association who are members of the arson 61.1 strike force may assist in administering the strike force. 61.2 (d) The strike force expires June 30, 20012005. 61.3 Sec. 8. Minnesota Statutes 2000, section 611A.74, 61.4 subdivision 1, is amended to read: 61.5 Subdivision 1. [CREATION.] The office of crime victim 61.6 ombudsman for Minnesota is created. The ombudsman shall be 61.7 appointed by the governor, shall serve in the unclassified61.8 service at the pleasure of the governor,commissioner of public 61.9 safety and shall be selected without regard to political 61.10 affiliation. No person may serve as ombudsman while holding any 61.11 other public office. The ombudsman is directly accountable to 61.12 the governorcommissioner. The ombudsman shall have the 61.13 authority to investigate decisions, acts, and other matters of 61.14 the criminal justice system so as to promote the highest 61.15 attainable standards of competence, efficiency, and justice for 61.16 crime victims in the criminal justice system. 61.17 Sec. 9. Minnesota Statutes 2000, section 611A.74, 61.18 subdivision 1a, is amended to read: 61.19 Subd. 1a. [ORGANIZATION OF OFFICE.] (a) The ombudsman61.20 commissioner of public safety may appoint employees necessary to 61.21 discharge responsibilities of the ombudsman's office. The 61.22 ombudsman may delegate to staff members any of the ombudsman's 61.23 authority or duties except the duties of formally making 61.24 recommendations to appropriate authorities and reports to the 61.25 office of the governor or to the legislature. 61.26 (b) The commissioner of public safety shall provide office 61.27 space and administrative support services to the ombudsman and 61.28 the ombudsman's staff. 61.29 (c) The crime victim ombudsman shall report to the 61.30 legislature biennially on the activities of the crime victim 61.31 ombudsman. 61.32 Sec. 10. [626.8441] [RESPONDING TO CALLS INVOLVING 61.33 EMOTIONAL CRISES AND MENTAL ILLNESS; MODEL PROGRAM PILOT 61.34 PROJECTS.] 61.35 Subdivision 1. [MODEL POLICING PROGRAM.] The commissioner 61.36 of public safety, in consultation with the community mental 62.1 health peace officer advisory board named under subdivision 2, 62.2 may award grants to develop models of community policing that 62.3 are responsive to the unique needs of the law enforcement and 62.4 mental health systems in Minnesota, and to promote these models 62.5 throughout the state. Grants may be awarded to either existing 62.6 or new projects. The commissioner may approve the 62.7 implementation of community policing pilot projects in 62.8 metropolitan and rural areas. In order to receive funding, a 62.9 pilot project must focus on the following: 62.10 (1) responding in a knowledgeable and sensitive way to 62.11 persons exhibiting symptoms of mental illness, to persons having 62.12 drug-related reactions, and to others who may be in an emotional 62.13 or mental crisis; 62.14 (2) significantly reducing the risk of harm to the 62.15 individuals who are the subjects of such calls, to the officers 62.16 responding to the calls, and to the general public; 62.17 (3) identifying and implementing a continuum of 62.18 intervention strategies that will prevent escalation, produce 62.19 de-escalation, and minimize the use of force; and 62.20 (4) creating partnerships with community resources that 62.21 result in positive resolution, reduction, and prevention of 62.22 potentially harmful incidents. 62.23 Subd. 2. [COMMUNITY MENTAL HEALTH PEACE OFFICER ADVISORY 62.24 BOARD.] A community mental health peace officer advisory board 62.25 must be appointed by the commissioner of public safety and must 62.26 consist of the following members: 62.27 (1) two licensed peace officers; 62.28 (2) two representatives from the association of chiefs of 62.29 police; 62.30 (3) two representatives from the Minnesota state sheriff's 62.31 association; 62.32 (4) a representative from the mental health consumer 62.33 survivor network; 62.34 (5) a representative from the mental health association of 62.35 Minnesota; 62.36 (6) a representative from the alliance for the mentally 63.1 ill; 63.2 (7) a representative from a county social services agency 63.3 or human services board as defined in section 256E.03; 63.4 (8) a community mental health provider; 63.5 (9) a mental health professional; 63.6 (10) a law enforcement educator with experience training 63.7 peace officers to respond to mental illness calls; and 63.8 (11) other members deemed appropriate by the commissioner. 63.9 In making appointments to the board, the commissioner must 63.10 take into consideration metropolitan and rural interests. The 63.11 board must advise the commissioner on the model policing 63.12 programs, and on related areas of concern to persons with mental 63.13 illnesses, peace officers, and the public. No per diem may be 63.14 paid to members of the board. The board expires June 30, 2003. 63.15 Sec. 11. [626.8471] [AVOIDING RACIAL PROFILING; POLICIES 63.16 AND LEARNING OBJECTIVES REQUIRED.] 63.17 Subdivision 1. [PURPOSE.] The legislature finds that the 63.18 reality or public perception of racial profiling alienates 63.19 people from police, hinders community policing efforts, and 63.20 causes law enforcement to lose credibility and trust among the 63.21 people law enforcement is sworn to protect and serve. No stop 63.22 initiated by a peace officer should be made without a legitimate 63.23 reason; race, ethnicity, or national origin alone should never 63.24 provide a sufficient reason. Law enforcement policies and 63.25 training programs must emphasize the need to respect the balance 63.26 between the rights of all persons to be free from unreasonable 63.27 governmental intrusions and law enforcement's need to enforce 63.28 the law. 63.29 Subd. 2. [DEFINITION.] "Racial profiling" means any action 63.30 initiated by law enforcement that relies upon the race, 63.31 ethnicity, or national origin of an individual rather than: 63.32 (1) the behavior of that individual; or 63.33 (2) information that leads law enforcement to a particular 63.34 individual who has been identified as being engaged in or having 63.35 been engaged in criminal activity. 63.36 Racial profiling includes use of racial or ethnic 64.1 stereotypes as factors in selecting whom to stop and search. 64.2 Racial profiling does not include law enforcement's use of race 64.3 or ethnicity to determine whether a person matches a specific 64.4 description of a particular subject. 64.5 Subd. 3. [STATEWIDE MODEL POLICY.] (a) The board of peace 64.6 officer standards and training shall consult with the Minnesota 64.7 chiefs of police association, the Minnesota sheriffs 64.8 association, and the Minnesota police and peace officers 64.9 association in developing an anti-racial profiling model policy 64.10 governing the conduct of peace officers engaged in stops of 64.11 citizens. This policy shall define racial profiling and 64.12 identify conduct that violates the law. 64.13 (b) The board shall adopt a model policy and distribute the 64.14 model policy to all chief law enforcement officers by August 1, 64.15 2001. 64.16 Subd. 4. [AGENCY POLICIES REQUIRED.] (a) By November 1, 64.17 2001, the chief law enforcement officer of every state and local 64.18 law enforcement agency must establish and enforce a written 64.19 anti-racial profiling policy governing the conduct of peace 64.20 officers engaged in stops of citizens. The chief law 64.21 enforcement officer shall ensure that each peace officer 64.22 receives a copy of the agency's anti-racial profiling policy. 64.23 The chief law enforcement officer also must ensure that each 64.24 peace officer is aware of the policy's purpose and the conduct 64.25 prohibited by it. 64.26 (b) The policy must, at a minimum, comply with the 64.27 requirements of the model policy adopted by the board under 64.28 subdivision 3. 64.29 (c) Every state and local law enforcement agency must 64.30 certify to the board that it has adopted a written policy in 64.31 compliance with the board's model policy. 64.32 (d) The board shall assist the chief law enforcement 64.33 officer of each state and local law enforcement agency in 64.34 developing and implementing anti-racial profiling policies under 64.35 this subdivision. 64.36 Subd. 5. [PRESERVICE TRAINING LEARNING OBJECTIVES; 65.1 REQUIREMENTS.] (a) By August 1, 2001, the board shall prepare 65.2 learning objectives for preservice training to instruct peace 65.3 officers in avoiding racial profiling when making stops of 65.4 citizens. These learning objectives shall be included in the 65.5 required curriculum of professional peace officer education 65.6 programs. 65.7 (b) An individual is not eligible to take the peace officer 65.8 licensing examination or the part-time peace officer licensing 65.9 examination on or after June 1, 2002, unless: 65.10 (1) the individual has received the training described in 65.11 paragraph (a); and 65.12 (2) the individual has completed a psychological evaluation 65.13 demonstrating that the individual is not likely to engage in 65.14 racial profiling. 65.15 Subd. 6. [IN-SERVICE TRAINING LEARNING OBJECTIVES.] By 65.16 August 1, 2001, the board shall prepare learning objectives for 65.17 in-service training to instruct peace officers in avoiding 65.18 racial profiling when making stops of citizens. The board shall 65.19 evaluate and monitor in-service training courses to ensure they 65.20 satisfy the learning objectives. 65.21 Subd. 7. [CHIEF LAW ENFORCEMENT OFFICERS AND SUPERVISORS; 65.22 REQUIREMENTS.] The executive director of the board of peace 65.23 officer standards and training shall prepare training materials 65.24 to provide chief law enforcement officers and other peace 65.25 officers with supervisory authority with information on how to 65.26 detect and respond to racial profiling by peace officers under 65.27 their command. The training materials must address both the 65.28 agency's anti-racial profiling policy and procedural components 65.29 aimed at eliminating racial profiling in stops of citizens. The 65.30 materials must include information on federal and state 65.31 constitutional and statutory laws prohibiting discrimination by 65.32 law enforcement. The procedural information must describe 65.33 conduct that is unlawful or inappropriate and present guidelines 65.34 for reinforcing techniques that are lawful and appropriate. The 65.35 procedural information shall discuss appropriate search and 65.36 seizure and interviewing techniques. 66.1 Subd. 8. [POST BOARD; COMPLIANCE REVIEWS AUTHORIZED.] The 66.2 board has authority to inspect state and local agency policies 66.3 to ensure compliance with subdivision 4. The board may conduct 66.4 this inspection based upon a complaint it receives about a 66.5 particular agency or through a random selection process. 66.6 Sec. 12. Laws 1996, chapter 408, article 2, section 16, is 66.7 amended to read: 66.8 Sec. 16. [REPEALER.] 66.9 (a)Minnesota Statutes 1994, section 299A.60, is repealed. 66.10 (b) Section 1 is repealed January 1, 2002.66.11 Sec. 13. [REGIONAL TRAINING SEMINARS.] 66.12 The board of peace officer standards and training shall 66.13 facilitate regional seminars throughout the state to increase 66.14 awareness about racial profiling issues unique to specific 66.15 regions of the state and to promote a community-oriented 66.16 response to the issue of racial profiling. The training 66.17 seminars shall satisfy the learning objectives described in 66.18 Minnesota Statutes, section 626.8471, subdivision 6. These 66.19 seminars shall be completed by December 31, 2001. 66.20 Sec. 14. [REPORTS.] 66.21 Subdivision 1. [REPORT.] By February 15, 2002, the 66.22 executive director of the board of peace officer standards and 66.23 training shall report to the house and senate committees with 66.24 jurisdiction over criminal justice funding on the development of 66.25 a model policy; learning objectives; regional training seminars, 66.26 including attendance figures for the seminars; and the training 66.27 materials prepared for chief law enforcement officers and other 66.28 officers with supervisory authority. This report must include, 66.29 but not be limited to, data contained in the reports required 66.30 under subdivision 2. 66.31 Subd. 2. [REPORT.] By December 15 of each year, each state 66.32 and local law enforcement agency shall submit to the executive 66.33 director of the board of peace officer standards and training: 66.34 (1) the number of racial profiling complaints that the law 66.35 enforcement agency has received during the preceding 12 months; 66.36 and 67.1 (2) the disposition of each complaint. 67.2 Subd. 3. [REPORT.] The development, implementation, and 67.3 outcomes of the pilot projects authorized under Minnesota 67.4 Statutes, section 626.8441, subdivision 1, must be evaluated by 67.5 the commissioner of public safety and a written preliminary 67.6 report must be submitted to the chairs of the house and senate 67.7 committees having jurisdiction over crime prevention and 67.8 judiciary finance issues by January 1, 2002. A final report 67.9 must be submitted by January 1, 2003. 67.10 Sec. 15. [EFFECTIVE DATE.] 67.11 Sections 1 to 12 are effective July 1, 2001. 67.12 ARTICLE 7 67.13 FELONY DRIVING WHILE IMPAIRED PROVISIONS 67.14 Section 1. [8.015] [CHARGES TO COUNTY.] 67.15 The attorney general must bill a county for the cost of 67.16 services the attorney general provides to a county in a 67.17 first-degree driving while impaired case under section 169A.24. 67.18 Money received by the attorney general under this section must 67.19 be deposited in the general fund. 67.20 Sec. 2. Minnesota Statutes 2000, section 169A.03, is 67.21 amended by adding a subdivision to read: 67.22 Subd. 7a. [FELONY.] "Felony" means a crime for which a 67.23 person may be sentenced to imprisonment for not more than seven 67.24 years, or to payment of a fine of not more than $14,000, or both. 67.25 Sec. 3. Minnesota Statutes 2000, section 169A.20, 67.26 subdivision 3, is amended to read: 67.27 Subd. 3. [SENTENCE.] A person who violates this section 67.28 may be sentenced as provided in section 169A.24 (first-degree 67.29 driving while impaired), 169A.25 ( first-degreesecond-degree 67.30 driving while impaired), 169A.26 ( second-degreethird-degree 67.31 driving while impaired), or 169A.27 ( third-degreefourth-degree 67.32 driving while impaired). 67.33 Sec. 4. [169A.24] [FIRST-DEGREE DRIVING WHILE IMPAIRED.] 67.34 Subdivision 1. [DEGREE DESCRIBED.] A person who violates 67.35 section 169A.20 (driving while impaired) is guilty of 67.36 first-degree driving while impaired if the person: 68.1 (1) commits the violation within ten years of the first of 68.2 three or more prior impaired driving convictions; or 68.3 (2) has previously been convicted of a felony under this 68.4 section. 68.5 Subd. 2. [CRIMINAL PENALTY.] A person who commits 68.6 first-degree driving while impaired is guilty of a felony and 68.7 may be sentenced to imprisonment for not more than seven years, 68.8 or to payment of a fine of not more than $14,000, or both. The 68.9 person is subject to the mandatory penalties described in 68.10 section 169A.276. 68.11 Sec. 5. Minnesota Statutes 2000, section 169A.25, is 68.12 amended to read: 68.13 169A.25 [ FIRST-DEGREESECOND-DEGREE DRIVING WHILE 68.14 IMPAIRED.] 68.15 Subdivision 1. [DEGREE DESCRIBED.] A person who violates 68.16 section 169A.20 (driving while impaired) is guilty of 68.17 first-degreesecond-degree driving while impaired if two or more 68.18 aggravating factors were present when the violation was 68.19 committed. 68.20 Subd. 2. [CRIMINAL PENALTY.] First-degreeSecond-degree 68.21 driving while impaired is a gross misdemeanor. The mandatory 68.22 penalties described in section 169A.275 and the long-term 68.23 monitoring described in section 169A.277 may be applicable. 68.24 Sec. 6. Minnesota Statutes 2000, section 169A.26, is 68.25 amended to read: 68.26 169A.26 [ SECOND-DEGREETHIRD-DEGREE DRIVING WHILE 68.27 IMPAIRED.] 68.28 Subdivision 1. [DEGREE DESCRIBED.] A person who violates 68.29 section 169A.20 (driving while impaired) is guilty of 68.30 second-degreethird-degree driving while impaired if one 68.31 aggravating factor was present when the violation was committed. 68.32 Subd. 2. [CRIMINAL PENALTY.] Second-degreeThird-degree 68.33 driving while impaired is a gross misdemeanor. The mandatory 68.34 penalties described in section 169A.275 and the long-term 68.35 monitoring described in section 169A.277 may be applicable. 68.36 Sec. 7. Minnesota Statutes 2000, section 169A.27, is 69.1 amended to read: 69.2 169A.27 [ THIRD-DEGREEFOURTH-DEGREE DRIVING WHILE 69.3 IMPAIRED.] 69.4 Subdivision 1. [DEGREE DESCRIBED.] A person who violates 69.5 section 169A.20 (driving while impaired) is guilty of 69.6 third-degreefourth-degree driving while impaired. 69.7 Subd. 2. [CRIMINAL PENALTY.] Third-degreeFourth-degree 69.8 driving while impaired is a misdemeanor. 69.9 Sec. 8. Minnesota Statutes 2000, section 169A.275, 69.10 subdivision 3, is amended to read: 69.11 Subd. 3. [FOURTH OFFENSE.] (a) Except as otherwise 69.12 provided in section 169A.276, the court shall sentence a person 69.13 who is convicted of a violation of section 169A.20 (driving 69.14 while impaired) within ten years of the first of three qualified 69.15 prior impaired driving incidents to either: 69.16 (1) a minimum of 180 days of incarceration, at least 30 69.17 days of which must be served consecutively in a local 69.18 correctional facility; or 69.19 (2) a program of intensive supervision of the type 69.20 described in section 169A.74 (pilot programs of intensive 69.21 probation for repeat DWI offenders) that requires the person to 69.22 consecutively serve at least six days in a local correctional 69.23 facility. 69.24 (b) The court may order that the person serve not more than 69.25 150 days of the minimum penalty under paragraph (a), clause (1), 69.26 on home detention or in an intensive probation program described 69.27 in section 169A.74. Notwithstanding section 609.135, the 69.28 penalties in this subdivision must be imposed and executed. 69.29 Sec. 9. Minnesota Statutes 2000, section 169A.275, 69.30 subdivision 5, is amended to read: 69.31 Subd. 5. [LEVEL OF CARE RECOMMENDED IN CHEMICAL USE 69.32 ASSESSMENT.] In addition to other penalties required under this 69.33 section, the court shall order a person to submit to the level 69.34 of care recommended in the chemical use assessment conducted 69.35 under section 169A.70 (alcohol safety program; chemical use 69.36 assessments) if the person is convicted of violating section 70.1 169A.20 (driving while impaired) while having an alcohol 70.2 concentration of 0.20 or more as measured at the time, or within 70.3 two hours of the time, of the offense or if the violation occurs 70.4 within ten years of one or more, two, or three qualified prior 70.5 impaired driving incidents. 70.6 Sec. 10. [169A.276] [MANDATORY PENALTIES; FELONY 70.7 VIOLATIONS.] 70.8 Subdivision 1. [MANDATORY PRISON SENTENCE.] (a) The court 70.9 shall sentence a person convicted of violating section 169A.20 70.10 (driving while impaired) under the circumstances described in 70.11 section 169A.24 (first-degree driving while impaired) to 70.12 imprisonment for not less than three years. In addition, the 70.13 court may order the person to pay a fine of not more than 70.14 $14,000. 70.15 (b) The court may stay execution of this mandatory sentence 70.16 as provided in subdivision 2, but may not stay imposition of the 70.17 sentence or impose a sentence that has a duration of less than 70.18 three years. 70.19 (c) When the court imposes an executed sentence under this 70.20 subdivision, it shall require the commissioner of corrections to 70.21 release the person from prison before completion of two-thirds 70.22 of the prison sentence if the person: 70.23 (1) has served at least one-third of the prison sentence, 70.24 plus any disciplinary confinement time imposed for violating the 70.25 commissioner's rules or orders; and 70.26 (2) has successfully completed a chemical dependency 70.27 treatment program while in prison. The chemical dependency 70.28 treatment program shall meet the licensing standards contained 70.29 in sections 245A.01 to 245A.06. 70.30 (d) The court also shall provide that the commissioner may 70.31 release the person up to 60 days before having served one-third 70.32 of the prison sentence if the commissioner places the person in 70.33 a work release program administered or approved by the 70.34 commissioner. 70.35 (e) A person who is granted early release under this 70.36 subdivision shall serve the entire conditional release term 71.1 imposed under paragraph (f). 71.2 (f) Notwithstanding the statutory maximum sentence provided 71.3 in section 169A.24, when the court imposes an executed sentence 71.4 under this subdivision, it shall provide that after the person 71.5 has been released from prison the commissioner of corrections 71.6 shall place the person on conditional release for five years. 71.7 The commissioner shall impose any conditions of release that the 71.8 commissioner deems appropriate including, but not limited to, 71.9 successful completion of an intensive probation program as 71.10 described in section 169A.74 (pilot programs of intensive 71.11 probation for repeat DWI offenders). If the person fails to 71.12 comply with any condition of release, the commissioner may 71.13 revoke the person's conditional release and order the person to 71.14 serve all or part of the remaining portion of the conditional 71.15 release term in prison. The commissioner may not dismiss the 71.16 person from supervision before the conditional release term 71.17 expires. 71.18 Subd. 2. [STAY OF MANDATORY SENTENCE.] The provisions of 71.19 section 169A.283 apply if the court stays execution of the 71.20 sentence under subdivision 1. 71.21 Subd. 3. [DRIVER'S LICENSE REVOCATION; NO STAY PERMITTED.] 71.22 The court may not stay the execution of the driver's license 71.23 revocation provisions of section 169A.54 (impaired driving 71.24 convictions and adjudications; administrative penalties). 71.25 Sec. 11. Minnesota Statutes 2000, section 169A.283, 71.26 subdivision 1, is amended to read: 71.27 Subdivision 1. [STAY AUTHORIZED.] Except as otherwise 71.28 provided in sectionsections 169A.275 (mandatory penalties; 71.29 nonfelony violations) and 169A.276 (mandatory penalties; felony 71.30 violations), when a court sentences a person convicted of a 71.31 violation of section 169A.20 (driving while impaired), the court 71.32 may stay execution of the criminal sentence described in section 71.33 169A.25169A.24 (first-degree driving while impaired), 169A.2671.34 169A.25 (second-degree driving while impaired), or 169A.2771.35 169A.26 (third-degree driving while impaired), or 169A.27 71.36 (fourth-degree driving while impaired) on the condition that the 72.1 convicted person submit to the level of care recommended in the 72.2 chemical use assessment report required under section 169A.70 72.3 (alcohol safety programs; chemical use assessments). If the 72.4 court does not order a level of care in accordance with the 72.5 assessment report recommendation as a condition of a stay of 72.6 execution, it shall state on the record its reasons for not 72.7 following the assessment report recommendation. 72.8 Sec. 12. Minnesota Statutes 2000, section 169A.40, 72.9 subdivision 3, is amended to read: 72.10 Subd. 3. [FIRST-DEGREE AND SECOND-DEGREE DWI OFFENDERS; 72.11 CUSTODIAL ARREST.] Notwithstanding rule 6.01 of the Rules of 72.12 Criminal Procedure, a peace officer acting without a warrant who 72.13 has decided to proceed with the prosecution of a person for 72.14 violating section 169A.20 (driving while impaired), shall arrest 72.15 and take the person into custody if the officer has reason to 72.16 believe the violation occurred under the circumstances described 72.17 in section 169A.24 (first-degree driving while impaired) or 72.18 169A.25 ( first-degreesecond-degree driving while impaired). 72.19 The person shall be detained until the person's first court 72.20 appearance. 72.21 Sec. 13. Minnesota Statutes 2000, section 169A.63, 72.22 subdivision 1, is amended to read: 72.23 Subdivision 1. [DEFINITIONS.] (a) As used in this section, 72.24 the following terms have the meanings given them. 72.25 (b) "Appropriate agency" means a law enforcement agency 72.26 that has the authority to make an arrest for a violation of a 72.27 designated offense or to require a test under section 169A.51 72.28 (chemical tests for intoxication). 72.29 (c) "Designated license revocation" includes a license 72.30 revocation under section 169A.52 (license revocation for test 72.31 failure or refusal) or a license disqualification under section 72.32 171.165 (commercial driver's license disqualification) resulting 72.33 from a violation of section 169A.52; within ten years of the 72.34 first of two or more qualified prior impaired driving incidents. 72.35 (d) "Designated offense" includes: 72.36 (1) a violation of section 169A.20 (driving while impaired) 73.1 under the circumstances described in section 169A.24 73.2 (first-degree driving while impaired) or 169A.25 ( first-degree73.3 second-degree driving while impaired); or 73.4 (2) a violation of section 169A.20 or an ordinance in 73.5 conformity with it: 73.6 (i) by a person whose driver's license or driving 73.7 privileges have been canceled as inimical to public safety under 73.8 section 171.04, subdivision 1, clause (10); or 73.9 (ii) by a person who is subject to a restriction on the 73.10 person's driver's license under section 171.09 (commissioner's 73.11 license restrictions), which provides that the person may not 73.12 use or consume any amount of alcohol or a controlled substance. 73.13 (e) "Motor vehicle" and "vehicle" do not include a vehicle 73.14 which is stolen or taken in violation of the law. 73.15 (f) "Owner" means the registered owner of the motor vehicle 73.16 according to records of the department of public safety and 73.17 includes a lessee of a motor vehicle if the lease agreement has 73.18 a term of 180 days or more. 73.19 (g) "Prosecuting authority" means the attorney in the 73.20 jurisdiction in which the designated offense occurred who is 73.21 responsible for prosecuting violations of a designated offense. 73.22 Sec. 14. [STUDY.] 73.23 By January 15, 2004, and each year thereafter through 73.24 January 15, 2007, the commissioner of corrections must report to 73.25 the chairs and ranking minority members of the house and senate 73.26 committees having jurisdiction over criminal justice and 73.27 judiciary finance issues on the implementation and effects of 73.28 the felony level driving while impaired offense. The report 73.29 must include the following information on felony level driving 73.30 while impaired offenses: 73.31 (1) the number of persons convicted; 73.32 (2) the number of trials taken to verdict, separating out 73.33 cases tried to a judge versus cases tried to a jury, and the 73.34 number of convictions for each; 73.35 (3) the number of offenders incarcerated locally and the 73.36 term of incarceration; 74.1 (4) the number placed on probation and the length of the 74.2 probation; 74.3 (5) the number for whom probation is revoked, the reasons 74.4 for revocation, and the consequences imposed; 74.5 (6) the number given an executed prison sentence upon 74.6 conviction and the length of the sentence; 74.7 (7) the number given an executed prison sentence upon 74.8 revocation of probation and the length of sentence; 74.9 (8) the number who successfully complete treatment and the 74.10 number released early as a result; 74.11 (9) the number placed on intensive supervision following 74.12 release from incarceration; 74.13 (10) the number who violate supervised release and the 74.14 consequences imposed; and 74.15 (11) any other information the commissioner deems relevant 74.16 to estimating future costs. 74.17 Sec. 15. [SUPERVISION LEVEL.] 74.18 Nothing in this article requires a different level of 74.19 supervision for offenders than is currently required by law. 74.20 Sec. 16. [FELONY DRIVING WHILE IMPAIRED APPROPRIATIONS.] 74.21 Subdivision 1. [TOTAL APPROPRIATION.] $3,356,000 is 74.22 appropriated from the general fund to the agencies and for the 74.23 purposes specified in this article, to be available for the 74.24 fiscal year ending June 30, 2003. The amounts that may be spent 74.25 from this appropriation for each program are specified in the 74.26 following subdivisions. 74.27 Subd. 2. [CORRECTIONS.] (a) $2,844,000 is appropriated to 74.28 the department of corrections. The amounts that may be spent 74.29 from this appropriation for each program are specified in the 74.30 following paragraphs. 74.31 (b) $2,255,000 is appropriated to correctional institutions 74.32 for increased costs due to the bed impact of the felony-level 74.33 driving while impaired penalty. 74.34 (c) $589,000 is appropriated for community services. Of 74.35 this amount, $169,000 is for increased community supervision 74.36 costs due to the felony-level driving while impaired penalty, 75.1 and $420,000 is for increased work release costs due to the 75.2 felony-level driving while impaired penalty. 75.3 Subd. 3. [PUBLIC SAFETY.] $84,000 is appropriated to the 75.4 bureau of criminal apprehension for increased costs associated 75.5 with providing trial support due to the felony-level driving 75.6 while impaired penalty. 75.7 Subd. 4. [DISTRICT COURTS.] $257,000 is appropriated to 75.8 the district courts. Of this amount, $240,000 is for hiring 75.9 retired judges to help with increased caseload demand due to the 75.10 felony-level driving while impaired penalty, and $17,000 is for 75.11 increased jury costs due to the felony-level driving while 75.12 impaired penalty. 75.13 Subd. 5. [COURT OF APPEALS.] $46,000 is appropriated to 75.14 the court of appeals for costs associated with increased appeals 75.15 due to the felony-level driving while impaired penalty. 75.16 Subd. 6. [BOARD OF PUBLIC DEFENSE.] $125,000 is 75.17 appropriated to the board of public defense for costs associated 75.18 with increased trials and appeals due to the felony-level 75.19 driving while impaired penalty. 75.20 Sec. 17. [REPEALER.] 75.21 Minnesota Statutes 2000, section 169A.275, subdivision 4, 75.22 is repealed. 75.23 Sec. 18. [EFFECTIVE DATE.] 75.24 This article is effective July 1, 2002, and applies to 75.25 crimes committed on or after that date. 75.26 ARTICLE 8 75.27 CORRECTIONS PROVISIONS 75.28 Section 1. Minnesota Statutes 2000, section 241.272, 75.29 subdivision 6, is amended to read: 75.30 Subd. 6. [USE OF FEES.] Excluding correctional fees 75.31 collected from offenders supervised by department agents under 75.32 the authority of section 244.19, subdivision 1, paragraph (a), 75.33 clause (3), all correctional fees collected under this section 75.34 go to the general fund. Fees collected by agents under the 75.35 authority of section 244.19, subdivision 1, paragraph (a), 75.36 clause (3), shall go to the county treasurer in the county where 76.1 supervision is provided. These fees may only be used in 76.2 accordance with section 244.18, subdivision 6. 76.3 Sec. 2. Minnesota Statutes 2000, section 242.192, is 76.4 amended to read: 76.5 242.192 [CHARGES TO COUNTIES.] 76.6 (a) Until June 30, 20012002, the commissioner shall charge 76.7 counties or other appropriate jurisdictions 6580 percent of the 76.8 per diem cost of confinement, excluding educational costs and 76.9 nonbillable service, of juveniles at the Minnesota correctional 76.10 facility-Red Wing and of juvenile females committed to the 76.11 commissioner of corrections. This charge applies to juveniles 76.12 committed to the commissioner of corrections and juveniles 76.13 admitted to the Minnesota correctional facility-Red Wing under 76.14 established admissions criteria. This charge applies to both 76.15 counties that participate in the Community Corrections Act and 76.16 those that do not. The commissioner shall determine the per 76.17 diem cost of confinement based on projected population, pricing 76.18 incentives, market conditions, and the requirement that expense 76.19 and revenue balance out over a period of two years. All money 76.20 received under this section must be deposited in the state 76.21 treasury and credited to the general fund. 76.22 (b) Until June 30, 20012002, the department of corrections 76.23 shall be responsible for 3520 percent of the per diem cost of 76.24 confinement described in this section. 76.25 Sec. 3. Minnesota Statutes 2000, section 243.51, 76.26 subdivision 1, is amended to read: 76.27 Subdivision 1. [CONTRACTING WITH OTHER STATES AND FEDERAL 76.28 GOVERNMENT.] The commissioner of corrections is hereby 76.29 authorized to contract with agencies and bureaus of the United 76.30 States and with the proper officials of other states or a county 76.31 of this state for the custody, care, subsistence, education, 76.32 treatment and training of persons convicted of criminal offenses 76.33 constituting felonies in the courts of this state, the United 76.34 States, or other states of the United States. Such contracts 76.35 shall provide for reimbursing the state of Minnesota for all 76.36 costs or other expenses involved, and, to the extent possible, 77.1 require payment to the department of corrections of a per diem 77.2 amount that is substantially equal to or greater than the per 77.3 diem for the cost of housing Minnesota inmates at the same 77.4 facility. This per diem cost shall be based on the assumption 77.5 that the facility is at or near capacity. Any prisoner 77.6 transferred to the state of Minnesota pursuant to this 77.7 subdivision shall be subject to the terms and conditions of the 77.8 prisoner's original sentence as if the prisoner were serving the 77.9 same within the confines of the state in which the conviction 77.10 and sentence was had or in the custody of the United States. 77.11 Nothing herein shall deprive such inmate of the right to parole 77.12 or the rights to legal process in the courts of this state. 77.13 Sec. 4. Minnesota Statutes 2000, section 243.51, 77.14 subdivision 3, is amended to read: 77.15 Subd. 3. [TEMPORARY DETENTION.] The commissioner of 77.16 corrections is authorized to contract with agencies and bureaus 77.17 of the United States and with the appropriate officials of any 77.18 other state or county of this state for the temporary detention 77.19 of any person in custody pursuant to any process issued under 77.20 the authority of the United States, other states of the United 77.21 States, or the district courts of this state. The contract 77.22 shall provide for reimbursement to the state of Minnesota for 77.23 all costs and expenses involved, and, to the extent possible, 77.24 require payment to the department of corrections of a per diem 77.25 amount that is substantially equal to or greater than the per 77.26 diem for the cost of housing Minnesota inmates at the same 77.27 facility. This per diem cost shall be based on the assumption 77.28 that the facility is at or near capacity. 77.29 Sec. 5. [FINDINGS.] 77.30 The legislature finds that entering into the updated 77.31 interstate compact on adult offenders, as proposed by the 77.32 council of state governments, is of vital importance to the 77.33 safety of the people of Minnesota. In the interest of public 77.34 safety, the legislature needs to be fully informed of the 77.35 advantages and disadvantages of entering into the compact and 77.36 implementing it in Minnesota. The commissioner of corrections 78.1 is charged with the duty to develop and implement policies 78.2 regarding offenders on probation or supervised release that 78.3 protect the best interests of the public. The commissioner of 78.4 corrections is in the best position to fully inform the 78.5 legislature of the impact of entering into, or not entering 78.6 into, the compact and to analyze whether the state should give 78.7 its full support and cooperation to this important venture. 78.8 Sec. 6. [LEGISLATIVE RECOMMENDATIONS; STATE POLICY PLAN.] 78.9 By December 1, 2001, the commissioner of corrections must 78.10 submit legislative recommendations to the chairs and ranking 78.11 minority members of the house and senate committees having 78.12 jurisdiction over crime prevention and judiciary finance issues 78.13 regarding the impact of entering into, or not entering into, the 78.14 updated interstate compact on adult offenders, as proposed by 78.15 the council of state governments. The commissioner must consult 78.16 with other professionals in the corrections field and must 78.17 consult with states that both have and have not entered into the 78.18 compact. The commissioner must develop a plan for state policy 78.19 in regard to handling interstate transfers of adult offenders. 78.20 The commissioner must be prepared to act on and implement the 78.21 recommendations and plan in 2002. In developing the legislative 78.22 recommendations and state policy plan, the commissioner must 78.23 consider fiscal impacts. Any costs associated with developing 78.24 the legislative recommendations and state policy plan under this 78.25 section must be absorbed within the commissioner's current 78.26 budget. 78.27 Sec. 7. [CHRONIC OFFENDER PILOT PROJECT.] 78.28 (a) The Hennepin county community corrections department 78.29 must administer a 12-month pilot project for chronic offenders. 78.30 The pilot project must define and identify chronic offenders 78.31 within Hennepin county who will be subject to the pilot 78.32 project. When applicable and appropriate, the pilot project 78.33 must provide the following for chronic offenders: 78.34 (1) quicker and more consistent consequences; 78.35 (2) graduated sanctions for repeated offenses; 78.36 (3) multidisciplinary assessments; 79.1 (4) appropriate mental and chemical health interventions; 79.2 (5) active supervision by community-based probation 79.3 officers; 79.4 (6) immediate placement in sentence to service work crews; 79.5 and 79.6 (7) cognitive behavioral intervention through group therapy 79.7 for selected chronic offenders at the Hennepin county adult 79.8 correctional facility. 79.9 (b) Probation officers supervising chronic offenders under 79.10 paragraph (a), clause (5), may not be assigned more than 45 79.11 offenders at any given time. 79.12 (c) By January 15, 2003, the director of the Hennepin 79.13 county department of community corrections shall report to the 79.14 chairs and ranking minority members of the senate and house 79.15 committees and divisions having jurisdiction over criminal 79.16 justice policy and funding on the results of the project. The 79.17 report must include information on the general characteristics 79.18 of the chronic offender population in Hennepin county and 79.19 compare recidivism data on offenders subject to the pilot 79.20 project to those not subject to it. 79.21 (d) For the purpose of the pilot and the required report, 79.22 Hennepin county staff shall have access to any and all 79.23 information maintained by any state agencies, political 79.24 subdivisions, or other governmental agencies, including criminal 79.25 justice agencies, regarding persons identified as chronic 79.26 offenders in Hennepin county during the term of the project. 79.27 This includes any data classified in chapter 13 or other law as 79.28 private or confidential, as defined in Minnesota Statutes, 79.29 section 13.02. 79.30 Any data obtained by Hennepin county community corrections 79.31 during the term of the project must be used only for the 79.32 purposes of the chronic offender pilot and research associated 79.33 with it and will retain the classification given to it by 79.34 statute or the originating agency. 79.35 Sec. 8. [OFFICE ABOLISHED.] 79.36 The office of ombudsman for the state department of 80.1 corrections is hereby abolished. 80.2 Sec. 9. [REPEALER.] 80.3 Minnesota Statutes 2000, sections 241.41; 241.42; 241.43; 80.4 241.44; 241.441; and 241.45 are repealed. 80.5 Sec. 10. [EFFECTIVE DATE.] 80.6 Sections 1 to 9 are effective July 1, 2001. 80.7 ARTICLE 9 80.8 DOMESTIC VIOLENCE PROVISIONS 80.9 Section 1. Minnesota Statutes 2000, section 518B.01, 80.10 subdivision 2, is amended to read: 80.11 Subd. 2. [DEFINITIONS.] As used in this section, the 80.12 following terms shall have the meanings given them: 80.13 (a) "Domestic abuse" means the following, if committed 80.14 against a family or household member by a family or household 80.15 member: 80.16 (1) physical harm, bodily injury, or assault; 80.17 (2) the infliction of fear of imminent physical harm, 80.18 bodily injury, or assault; or 80.19 (3) terroristic threats, within the meaning of section 80.20 609.713, subdivision 1 , or; criminal sexual conduct, within the 80.21 meaning of section 609.342, 609.343, 609.344, or 609.345; 80.22 interference with an emergency call within the meaning of 80.23 section 609.78, subdivision 2. 80.24 (b) "Family or household members" means: 80.25 (1) spouses and former spouses; 80.26 (2) parents and children; 80.27 (3) persons related by blood; 80.28 (4) persons who are presently residing together or who have 80.29 resided together in the past; 80.30 (5) persons who have a child in common regardless of 80.31 whether they have been married or have lived together at any 80.32 time; 80.33 (6) a man and woman if the woman is pregnant and the man is 80.34 alleged to be the father, regardless of whether they have been 80.35 married or have lived together at any time; and 80.36 (7) persons involved in a significant romantic or sexual 81.1 relationship. 81.2 Issuance of an order for protection on the ground in clause 81.3 (6) does not affect a determination of paternity under sections 81.4 257.51 to 257.74. In determining whether persons are or have 81.5 been involved in a significant romantic or sexual relationship 81.6 under clause (7), the court shall consider the length of time of 81.7 the relationship; type of relationship; frequency of interaction 81.8 between the parties; and, if the relationship has terminated, 81.9 length of time since the termination. 81.10 (c) "Qualified domestic violence-related offense" has the 81.11 meaning given in section 609.02, subdivision 16. 81.12 Sec. 2. Minnesota Statutes 2000, section 518B.01, 81.13 subdivision 3, is amended to read: 81.14 Subd. 3. [COURT JURISDICTION.] An application for relief 81.15 under this section may be filed in the court having jurisdiction 81.16 over dissolution actions, in the county of residence of either 81.17 party, in the county in which a pending or completed family 81.18 court proceeding involving the parties or their minor children 81.19 was brought, or in the county in which the alleged domestic 81.20 abuse occurred. There are no residency requirements that apply 81.21 to a petition for an order for protection. In a jurisdiction 81.22 which utilizes referees in dissolution actions, the court or 81.23 judge may refer actions under this section to a referee to take 81.24 and report the evidence in the action in the same manner and 81.25 subject to the same limitations provided in section 518.13. 81.26 Actions under this section shall be given docket priorities by 81.27 the court. 81.28 Sec. 3. Minnesota Statutes 2000, section 518B.01, 81.29 subdivision 6, is amended to read: 81.30 Subd. 6. [RELIEF BY THE COURT.] (a) Upon notice and 81.31 hearing, the court may provide relief as follows: 81.32 (1) restrain the abusing party from committing acts of 81.33 domestic abuse; 81.34 (2) exclude the abusing party from the dwelling which the 81.35 parties share or from the residence of the petitioner; 81.36 (3) exclude the abusing party from a reasonable area 82.1 surrounding the dwelling or residence, which area shall be 82.2 described specifically in the order; 82.3 (4) award temporary custody or establish temporary 82.4 parenting time with regard to minor children of the parties on a 82.5 basis which gives primary consideration to the safety of the 82.6 victim and the children. Except for cases in which custody is 82.7 contested, findings under section 257.025, 518.17, or 518.175 82.8 are not required. If the court finds that the safety of the 82.9 victim or the children will be jeopardized by unsupervised or 82.10 unrestricted parenting time, the court shall condition or 82.11 restrict parenting time as to time, place, duration, or 82.12 supervision, or deny parenting time entirely, as needed to guard 82.13 the safety of the victim and the children. The court's decision 82.14 on custody and parenting time shall in no way delay the issuance 82.15 of an order for protection granting other relief provided for in 82.16 this section. The court must not enter a parenting plan under 82.17 section 518.1705 as part of an action for an order for 82.18 protection; 82.19 (5) on the same basis as is provided in chapter 518, 82.20 establish temporary support for minor children or a spouse, and 82.21 order the withholding of support from the income of the person 82.22 obligated to pay the support according to chapter 518; 82.23 (6) provide upon request of the petitioner counseling or 82.24 other social services for the parties, if married, or if there 82.25 are minor children; 82.26 (7) order the abusing party to participate in treatment or 82.27 counseling services, including requiring the abusing party to 82.28 successfully complete a domestic abuse counseling program or 82.29 educational program under section 518B.12; 82.30 (8) award temporary use and possession of property and 82.31 restrain one or both parties from transferring, encumbering, 82.32 concealing, or disposing of property except in the usual course 82.33 of business or for the necessities of life, and to account to 82.34 the court for all such transfers, encumbrances, dispositions, 82.35 and expenditures made after the order is served or communicated 82.36 to the party restrained in open court; 83.1 (9) exclude the abusing party from the place of employment 83.2 of the petitioner, or otherwise limit access to the petitioner 83.3 by the abusing party at the petitioner's place of employment; 83.4 (10) order the abusing party to pay restitution to the 83.5 petitioner; 83.6 (11) order the continuance of all currently available 83.7 insurance coverage without change in coverage or beneficiary 83.8 designation; and 83.9 (12) order, in its discretion, other relief as it deems 83.10 necessary for the protection of a family or household member, 83.11 including orders or directives to the sheriff, constable, or 83.12 other law enforcement or corrections officer as provided by this 83.13 section. 83.14 (b) Any relief granted by the order for protection shall be 83.15 for a fixed period not to exceed one year, except when the court 83.16 determines a longer fixed period is appropriate. When a referee 83.17 presides at the hearing on the petition, the order granting 83.18 relief becomes effective upon the referee's signature. 83.19 (c) An order granting the relief authorized in paragraph 83.20 (a), clause (1), may not be vacated or modified in a proceeding 83.21 for dissolution of marriage or legal separation, except that the 83.22 court may hear a motion for modification of an order for 83.23 protection concurrently with a proceeding for dissolution of 83.24 marriage upon notice of motion and motion. The notice required 83.25 by court rule shall not be waived. If the proceedings are 83.26 consolidated and the motion to modify is granted, a separate 83.27 order for modification of an order for protection shall be 83.28 issued. 83.29 (d) An order granting the relief authorized in paragraph 83.30 (a), clause (2) or (3), is not voided by the admittance of the 83.31 abusing party into the dwelling from which the abusing party is 83.32 excluded. 83.33 (e) If a proceeding for dissolution of marriage or legal 83.34 separation is pending between the parties, the court shall 83.35 provide a copy of the order for protection to the court with 83.36 jurisdiction over the dissolution or separation proceeding for 84.1 inclusion in its file. 84.2 (f) An order for restitution issued under this subdivision 84.3 is enforceable as civil judgment. 84.4 Sec. 4. Minnesota Statutes 2000, section 518B.01, 84.5 subdivision 14, is amended to read: 84.6 Subd. 14. [VIOLATION OF AN ORDER FOR PROTECTION.] (a) A 84.7 person who violates an order for protection issued by a judge or 84.8 referee is subject to the penalties provided in paragraphs (b) 84.9 to (d). 84.10 (b) Except as otherwise provided in paragraphs (c) and (d), 84.11 whenever an order for protection is granted by a judge or 84.12 referee or pursuant to a similar law of another state, the 84.13 United States, the District of Columbia, tribal lands, or United 84.14 States territories, and the respondent or person to be 84.15 restrained knows of the order, violation of the order for 84.16 protection is a misdemeanor. Upon a misdemeanor conviction 84.17 under this paragraph, the defendant must be sentenced to a 84.18 minimum of three days imprisonment and must be ordered to 84.19 participate in counseling or other appropriate programs selected 84.20 by the court. If the court stays imposition or execution of the 84.21 jail sentence and the defendant refuses or fails to comply with 84.22 the court's treatment order, the court must impose and execute 84.23 the stayed jail sentence. A violation of an order for 84.24 protection shall also constitute contempt of court and be 84.25 subject to the penalties provided in chapter 588. 84.26 (c) A person is guilty of a gross misdemeanor who knowingly 84.27 violates this subdivision during the time period between a 84.28 previous qualified domestic violence-related offense conviction 84.29 under this subdivision; sections 609.221 to 609.224; 609.2242;84.30 609.713, subdivision 1 or 3; 609.748, subdivision 6; 609.749; or84.31 a similar law of another state, the District of Columbia, tribal84.32 lands, or United States territories;and the end of the five 84.33 years following discharge from sentence for that 84.34 convictionoffense. Upon a gross misdemeanor conviction under 84.35 this paragraph, the defendant must be sentenced to a minimum of 84.36 ten days imprisonment and must be ordered to participate in 85.1 counseling or other appropriate programs selected by the court. 85.2 Notwithstanding section 609.135, the court must impose and 85.3 execute the minimum sentence provided in this paragraph for 85.4 gross misdemeanor convictions. 85.5 (d) A person is guilty of a felony and may be sentenced to 85.6 imprisonment for not more than five years or to payment of a 85.7 fine of not more than $10,000, or both, if the person knowingly 85.8 violates this subdivision: 85.9 (1) during the time period between the first of two or more 85.10 previous qualified domestic violence-related offense convictions 85.11 under this section or sections 609.221 to 609.224; 609.2242;85.12 609.713, subdivision 1 or 3; 609.748, subdivision 6; 609.749; or85.13 a similar law of another state, the District of Columbia, tribal85.14 lands, or United States territories;and the end of the five 85.15 years following discharge from sentence for that 85.16 convictionoffense; or 85.17 (2) while possessing a dangerous weapon, as defined in 85.18 section 609.02, subdivision 6. 85.19 Upon a felony conviction under this paragraph in which the court 85.20 stays imposition or execution of sentence, the court shall 85.21 impose at least a 30-day period of incarceration as a condition 85.22 of probation. The court also shall order that the defendant 85.23 participate in counseling or other appropriate programs selected 85.24 by the court. Notwithstanding section 609.135, the court must 85.25 impose and execute the minimum sentence provided in this 85.26 paragraph for felony convictions. 85.27 (e) A peace officer shall arrest without a warrant and take 85.28 into custody a person whom the peace officer has probable cause 85.29 to believe has violated an order granted pursuant to this 85.30 section or a similar law of another state, the United States, 85.31 the District of Columbia, tribal lands, or United States 85.32 territories restraining the person or excluding the person from 85.33 the residence or the petitioner's place of employment, even if 85.34 the violation of the order did not take place in the presence of 85.35 the peace officer, if the existence of the order can be verified 85.36 by the officer. The probable cause required under this 86.1 paragraph includes probable cause that the person knowingly 86.2 violated the order. When the order is first served upon the 86.3 person at a location at which, under the terms of the order, the 86.4 person's presence constitutes a violation, the person shall not 86.5 be arrested for violation of the order but shall be given a 86.6 reasonable opportunity to leave the location in the presence of 86.7 the peace officer. A person arrested under this paragraph shall 86.8 be held in custody for at least 36 hours, excluding the day of 86.9 arrest, Sundays, and holidays, unless the person is released 86.10 earlier by a judge or judicial officer. A peace officer acting 86.11 in good faith and exercising due care in making an arrest 86.12 pursuant to this paragraph is immune from civil liability that 86.13 might result from the officer's actions. 86.14 (f) If the court finds that the respondent has violated an 86.15 order for protection and that there is reason to believe that 86.16 the respondent will commit a further violation of the provisions 86.17 of the order restraining the respondent from committing acts of 86.18 domestic abuse or excluding the respondent from the petitioner's 86.19 residence, the court may require the respondent to acknowledge 86.20 an obligation to comply with the order on the record. The court 86.21 may require a bond sufficient to deter the respondent from 86.22 committing further violations of the order for protection, 86.23 considering the financial resources of the respondent, and not 86.24 to exceed $10,000. If the respondent refuses to comply with an 86.25 order to acknowledge the obligation or post a bond under this 86.26 paragraph, the court shall commit the respondent to the county 86.27 jail during the term of the order for protection or until the 86.28 respondent complies with the order under this paragraph. The 86.29 warrant must state the cause of commitment, with the sum and 86.30 time for which any bond is required. If an order is issued 86.31 under this paragraph, the court may order the costs of the 86.32 contempt action, or any part of them, to be paid by the 86.33 respondent. An order under this paragraph is appealable. 86.34 (g) Upon the filing of an affidavit by the petitioner, any 86.35 peace officer, or an interested party designated by the court, 86.36 alleging that the respondent has violated any order for 87.1 protection granted pursuant to this section or a similar law of 87.2 another state, the United States, the District of Columbia, 87.3 tribal lands, or United States territories, the court may issue 87.4 an order to the respondent, requiring the respondent to appear 87.5 and show cause within 14 days why the respondent should not be 87.6 found in contempt of court and punished therefor. The hearing 87.7 may be held by the court in any county in which the petitioner 87.8 or respondent temporarily or permanently resides at the time of 87.9 the alleged violation, or in the county in which the alleged 87.10 violation occurred, if the petitioner and respondent do not 87.11 reside in this state. The court also shall refer the violation 87.12 of the order for protection to the appropriate prosecuting 87.13 authority for possible prosecution under paragraph (b), (c), or 87.14 (d). 87.15 (h) If it is alleged that the respondent has violated an 87.16 order for protection issued under subdivision 6 or a similar law 87.17 of another state, the United States, the District of Columbia, 87.18 tribal lands, or United States territories, and the court finds 87.19 that the order has expired between the time of the alleged 87.20 violation and the court's hearing on the violation, the court 87.21 may grant a new order for protection under subdivision 6 based 87.22 solely on the respondent's alleged violation of the prior order, 87.23 to be effective until the hearing on the alleged violation of 87.24 the prior order. If the court finds that the respondent has 87.25 violated the prior order, the relief granted in the new order 87.26 for protection shall be extended for a fixed period, not to 87.27 exceed one year, except when the court determines a longer fixed 87.28 period is appropriate. 87.29 (i) The admittance into petitioner's dwelling of an abusing 87.30 party excluded from the dwelling under an order for protection 87.31 is not a violation by the petitioner of the order for protection. 87.32 A peace officer is not liable under section 609.43, clause 87.33 (1), for a failure to perform a duty required by paragraph (e). 87.34 (j) When a person is convicted under paragraph (b) or (c) 87.35 of violating an order for protection and the court determines 87.36 that the person used a firearm in any way during commission of 88.1 the violation, the court may order that the person is prohibited 88.2 from possessing any type of firearm for any period longer than 88.3 three years or for the remainder of the person's life. A person 88.4 who violates this paragraph is guilty of a gross misdemeanor. 88.5 At the time of the conviction, the court shall inform the 88.6 defendant whether and for how long the defendant is prohibited 88.7 from possessing a firearm and that it is a gross misdemeanor to 88.8 violate this paragraph. The failure of the court to provide 88.9 this information to a defendant does not affect the 88.10 applicability of the firearm possession prohibition or the gross 88.11 misdemeanor penalty to that defendant. 88.12 (k) Except as otherwise provided in paragraph (j), when a 88.13 person is convicted under paragraph (b) or (c) of violating an 88.14 order for protection, the court shall inform the defendant that 88.15 the defendant is prohibited from possessing a pistol for three 88.16 years from the date of conviction and that it is a gross 88.17 misdemeanor offense to violate this prohibition. The failure of 88.18 the court to provide this information to a defendant does not 88.19 affect the applicability of the pistol possession prohibition or 88.20 the gross misdemeanor penalty to that defendant. 88.21 (l) Except as otherwise provided in paragraph (j), a person 88.22 is not entitled to possess a pistol if the person has been 88.23 convicted under paragraph (b) or (c) after August 1, 1996, of 88.24 violating an order for protection, unless three years have 88.25 elapsed from the date of conviction and, during that time, the 88.26 person has not been convicted of any other violation of this 88.27 section. Property rights may not be abated but access may be 88.28 restricted by the courts. A person who possesses a pistol in 88.29 violation of this paragraph is guilty of a gross misdemeanor. 88.30 (m) If the court determines that a person convicted under 88.31 paragraph (b) or (c) of violating an order for protection owns 88.32 or possesses a firearm and used it in any way during the 88.33 commission of the violation, it shall order that the firearm be 88.34 summarily forfeited under section 609.5316, subdivision 3. 88.35 Sec. 5. [518B.12] [DOMESTIC ABUSE COUNSELING PROGRAM OR 88.36 EDUCATIONAL PROGRAM REQUIRED.] 89.1 Subdivision 1. [COURT-ORDERED DOMESTIC ABUSE COUNSELING 89.2 PROGRAM OR EDUCATIONAL PROGRAM.] If the court stays imposition 89.3 or execution of a sentence for a domestic abuse offense and 89.4 places the offender on probation, the court shall order that, as 89.5 a condition of the stayed sentence, the offender participate in 89.6 and successfully complete a domestic abuse counseling program or 89.7 educational program. 89.8 Sec. 6. Minnesota Statutes 2000, section 609.02, is 89.9 amended by adding a subdivision to read: 89.10 Subd. 16. [QUALIFIED DOMESTIC VIOLENCE-RELATED 89.11 OFFENSE.] "Qualified domestic violence-related offense" includes 89.12 the following offenses: sections 518B.01, subdivision 14 89.13 (violation of domestic abuse order for protection); 609.221 89.14 (first-degree assault); 609.222 (second-degree assault); 609.223 89.15 (third-degree assault); 609.2231 (fourth-degree assault); 89.16 609.224 (fifth-degree assault); 609.2242 (domestic assault); 89.17 609.342 (first-degree criminal sexual conduct); 609.343 89.18 (second-degree criminal sexual conduct); 609.344 (third-degree 89.19 criminal sexual conduct); 609.345 (fourth-degree criminal sexual 89.20 conduct); 609.377 (malicious punishment of a child); 609.713 89.21 (terroristic threats); 609.748, subdivision 6, (violation of 89.22 restraining order); and 609.749 (harassment/stalking); and 89.23 similar laws of other states, the United States, the District of 89.24 Columbia, tribal lands, and United States territories. 89.25 Sec. 7. Minnesota Statutes 2000, section 609.224, 89.26 subdivision 2, is amended to read: 89.27 Subd. 2. [GROSS MISDEMEANOR.] (a) Whoever violates the 89.28 provisions of subdivision 1 against the same victim during the 89.29 time period between a previous qualified domestic 89.30 violence-related offense conviction or adjudication of 89.31 delinquency under this section, sections 609.221 to 609.2231,89.32 609.2242, 609.342 to 609.345, 609.377, or 609.713, or any89.33 similar law of another state,and the end of the five years 89.34 following discharge from sentence or disposition for 89.35 that conviction or adjudicationoffense, is guilty of a gross 89.36 misdemeanor and may be sentenced to imprisonment for not more 90.1 than one year or to payment of a fine of not more than $3,000, 90.2 or both. 90.3 (b) Whoever violates the provisions of subdivision 1 within 90.4 two years of a previous qualified domestic violence-related 90.5 offense conviction or adjudication of delinquency under this90.6 section or sections 609.221 to 609.2231, 609.2242, 609.377, or90.7 609.713, or any similar law of another state,is guilty of a 90.8 gross misdemeanor and may be sentenced to imprisonment for not 90.9 more than one year or to payment of a fine of not more than 90.10 $3,000, or both. 90.11 (c) A caregiver, as defined in section 609.232, who is an 90.12 individual and who violates the provisions of subdivision 1 90.13 against a vulnerable adult, as defined in section 609.232, is 90.14 guilty of a gross misdemeanor and may be sentenced to 90.15 imprisonment for not more than one year or to payment of a fine 90.16 of not more than $3,000, or both. 90.17 Sec. 8. Minnesota Statutes 2000, section 609.224, 90.18 subdivision 4, is amended to read: 90.19 Subd. 4. [FELONY.] (a) Whoever violates the provisions of 90.20 subdivision 1 against the same victim during the time period 90.21 between the first of any combination of two or more 90.22 previous qualified domestic violence-related offense convictions 90.23 or adjudications of delinquency under this section or sections90.24 609.221 to 609.2231, 609.2242, 609.342 to 609.345, 609.377, or90.25 609.713, or any similar law of another state,and the end of the 90.26 five years following discharge from sentence or disposition for 90.27 that conviction or adjudicationoffense is guilty of a felony 90.28 and may be sentenced to imprisonment for not more than five 90.29 years or payment of a fine of not more than $10,000, or both. 90.30 (b) Whoever violates the provisions of subdivision 1 within 90.31 three years of the first of any combination of two or more 90.32 previous qualified domestic violence-related offense convictions 90.33 or adjudications of delinquency under this section or sections90.34 609.221 to 609.2231, 609.2242, 609.377, or 609.713, or any90.35 similar law of another state,is guilty of a felony and may be 90.36 sentenced to imprisonment for not more than five years or to 91.1 payment of a fine of not more than $10,000, or both. 91.2 Sec. 9. Minnesota Statutes 2000, section 609.2242, 91.3 subdivision 2, is amended to read: 91.4 Subd. 2. [GROSS MISDEMEANOR.] Whoever violates subdivision 91.5 1 during the time period between a previous qualified domestic 91.6 violence-related offense conviction or adjudication of 91.7 delinquency under this section or sections 609.221 to 609.2231,91.8 609.224, 609.342 to 609.345, 609.377, or 609.713 , or any91.9 similar law of another state,against a family or household 91.10 member as defined in section 518B.01, subdivision 2, and the end 91.11 of the five years following discharge from sentence or 91.12 disposition for that conviction or adjudicationoffense is 91.13 guilty of a gross misdemeanor and may be sentenced to 91.14 imprisonment for not more than one year or to payment of a fine 91.15 of not more than $3,000, or both. 91.16 Sec. 10. Minnesota Statutes 2000, section 609.2242, 91.17 subdivision 4, is amended to read: 91.18 Subd. 4. [FELONY.] Whoever violates the provisions of this 91.19 section or section 609.224, subdivision 1, against the same 91.20 victim during the time period between the first of any 91.21 combination of two or more previous qualified domestic 91.22 violence-related offense convictions or adjudications of 91.23 delinquency under this section or sections 609.221 to 609.2231,91.24 609.224, 609.342 to 609.345, 609.377, or 609.713, or any similar91.25 law of another stateand the end of the five years following 91.26 discharge from sentence or disposition for that conviction or91.27 adjudicationoffense is guilty of a felony and may be sentenced 91.28 to imprisonment for not more than five years or payment of a 91.29 fine of not more than $10,000, or both. 91.30 Sec. 11. Minnesota Statutes 2000, section 609.748, 91.31 subdivision 6, is amended to read: 91.32 Subd. 6. [VIOLATION OF RESTRAINING ORDER.] (a) A person 91.33 who violates a restraining order issued under this section is 91.34 subject to the penalties provided in paragraphs (b) to (d). 91.35 (b) Except as otherwise provided in paragraphs (c) and (d), 91.36 when a temporary restraining order or a restraining order is 92.1 granted under this section and the respondent knows of the 92.2 order, violation of the order is a misdemeanor. 92.3 (c) A person is guilty of a gross misdemeanor who knowingly 92.4 violates the order during the time period between a 92.5 previous qualified domestic violence-related offense conviction 92.6 under this subdivision; sections 609.221 to 609.224; 609.2242;92.7 518B.01, subdivision 14; 609.713, subdivisions 1 or 3; or92.8 609.749;and the end of the five years following discharge from 92.9 sentence for that convictionoffense. 92.10 (d) A person is guilty of a felony and may be sentenced to 92.11 imprisonment for not more than five years or to payment of a 92.12 fine of not more than $10,000, or both, if the person knowingly 92.13 violates the order: 92.14 (1) during the time period between the first of two or more 92.15 previous qualified domestic violence-related offense convictions 92.16 under this subdivision or sections 518B.01, subdivision 14;92.17 609.221 to 609.224; 609.2242; 609.713, subdivision 1 or 3;92.18 609.749;and the end of the five years following discharge from 92.19 sentence for that convictionoffense; 92.20 (2) because of the victim's or another's actual or 92.21 perceived race, color, religion, sex, sexual orientation, 92.22 disability as defined in section 363.01, age, or national 92.23 origin; 92.24 (3) by falsely impersonating another; 92.25 (4) while possessing a dangerous weapon; 92.26 (5) with an intent to influence or otherwise tamper with a 92.27 juror or a judicial proceeding or with intent to retaliate 92.28 against a judicial officer, as defined in section 609.415, or a 92.29 prosecutor, defense attorney, or officer of the court, because 92.30 of that person's performance of official duties in connection 92.31 with a judicial proceeding; or 92.32 (6) against a victim under the age of 18, if the respondent 92.33 is more than 36 months older than the victim. 92.34 (e) A peace officer shall arrest without a warrant and take 92.35 into custody a person whom the peace officer has probable cause 92.36 to believe has violated an order issued under subdivision 4 or 5 93.1 if the existence of the order can be verified by the officer. 93.2 (f) A violation of a temporary restraining order or 93.3 restraining order shall also constitute contempt of court. 93.4 (g) Upon the filing of an affidavit by the petitioner, any 93.5 peace officer, or an interested party designated by the court, 93.6 alleging that the respondent has violated an order issued under 93.7 subdivision 4 or 5, the court may issue an order to the 93.8 respondent requiring the respondent to appear within 14 days and 93.9 show cause why the respondent should not be held in contempt of 93.10 court. The court also shall refer the violation of the order to 93.11 the appropriate prosecuting authority for possible prosecution 93.12 under paragraph (b), (c), or (d). 93.13 Sec. 12. Minnesota Statutes 2000, section 609.748, 93.14 subdivision 8, is amended to read: 93.15 Subd. 8. [NOTICE.] An order granted under this section 93.16 must contain a conspicuous notice to the respondent: 93.17 (1) of the specific conduct that will constitute a 93.18 violation of the order; 93.19 (2) that violation of an order ismay be (i) a misdemeanor 93.20 punishable by imprisonment for up to 90 days or a fine of up to 93.21 $700, or both, and that a subsequent violation is(ii) a gross 93.22 misdemeanor punishable by imprisonment for up to one year or a 93.23 fine of up to $3,000, or both, or (iii) a felony punishable by 93.24 imprisonment for up to five years or a fine of up to $10,000, or 93.25 both; and 93.26 (3) that a peace officer must arrest without warrant and 93.27 take into custody a person if the peace officer has probable 93.28 cause to believe the person has violated a restraining order. 93.29 Sec. 13. Minnesota Statutes 2000, section 609.749, 93.30 subdivision 4, is amended to read: 93.31 Subd. 4. [SECOND OR SUBSEQUENT VIOLATIONS; FELONY.] A 93.32 person is guilty of a felony who violates any provision of 93.33 subdivision 2 during the time period between a 93.34 previous qualified domestic violence-related offense conviction 93.35 or adjudication of delinquency under this section; sections93.36 609.221 to 609.2242; 518B.01, subdivision 14; 609.748,94.1 subdivision 6; or 609.713, subdivision 1 or 3; or a similar law94.2 from another stateand the end of the ten years following 94.3 discharge from sentence or disposition for that conviction or94.4 adjudicationoffense. 94.5 Sec. 14. Minnesota Statutes 2000, section 609.749, 94.6 subdivision 5, is amended to read: 94.7 Subd. 5. [PATTERN OF HARASSING CONDUCT.] (a) A person who 94.8 engages in a pattern of harassing conduct with respect to a 94.9 single victim or one or more members of a single household which 94.10 the actor knows or has reason to know would cause the victim 94.11 under the circumstances to feel terrorized or to fear bodily 94.12 harm and which does cause this reaction on the part of the 94.13 victim, is guilty of a felony and may be sentenced to 94.14 imprisonment for not more than ten years or to payment of a fine 94.15 of not more than $20,000, or both. 94.16 (b) For purposes of this subdivision, a "pattern of 94.17 harassing conduct" means two or more acts within a five-year 94.18 period that violate the provisions of any of the following or a 94.19 similar law of another state, the United States, the District of 94.20 Columbia, tribal lands, or United States territories: 94.21 (1) this section; 94.22 (2) section 609.713; 94.23 (3) section 609.224; 94.24 (4) section 609.2242; 94.25 (5) section 518B.01, subdivision 14; 94.26 (6) section 609.748, subdivision 6; 94.27 (7) section 609.605, subdivision 1, paragraph (b), clauses 94.28 (3), (4), and (7); 94.29 (8) section 609.79; 94.30 (9) section 609.795; 94.31 (10) section 609.582; 94.32 (11) section 609.595; or 94.33 (12) section 609.765. 94.34 (c) When acts constituting a violation of this subdivision 94.35 are committed in two or more counties, the accused may be 94.36 prosecuted in any county in which one of the acts was committed 95.1 for all acts constituting the pattern. 95.2 Sec. 15. Minnesota Statutes 2000, section 611A.201, 95.3 subdivision 2, is amended to read: 95.4 Subd. 2. [DIRECTOR'S RESPONSIBILITIES.] The director shall 95.5 have the following duties: 95.6 (1) advocate for the rights of victims of domestic violence 95.7 and sexual assault; 95.8 (2) increase public education and visibility about the 95.9 prevention of domestic violence and sexual assault; 95.10 (3) encourage accountability regarding domestic violence 95.11 and sexual assault at all levels of the system, and develop 95.12 recommendations to improve accountability when the system fails; 95.13 (4) support prosecution and civil litigation efforts 95.14 regarding domestic violence and sexual assault at the federal 95.15 and state levels; 95.16 (5) study issues involving domestic violence and sexual 95.17 assault as they pertain to both men and women and present 95.18 findings and recommendations resulting from these studies to all 95.19 branches of government; 95.20 (6) initiate policy changes regarding domestic violence and 95.21 sexual assault at all levels of government; 95.22 (6)(7) coordinate existing resources and promote 95.23 coordinated and immediate community responses to better serve 95.24 victims of domestic violence and sexual assault; 95.25 (7)(8) build partnerships among law enforcement, 95.26 prosecutors, defenders, advocates, and courts to reduce the 95.27 occurrence of domestic violence and sexual assault; 95.28 (8)(9) encourage and support the efforts of health care 95.29 providers, mental health experts, employers, educators, clergy 95.30 members, and others, in raising awareness of and addressing how 95.31 to prevent domestic violence and sexual assault; 95.32 (9)(10) coordinate and maximize the use of federal, state, 95.33 and local resources available to prevent domestic violence and 95.34 sexual assault and leverage more resources through grants and 95.35 private funding; and 95.36 (10)(11) serve as a liaison between the executive director 96.1 of the center for crime victim services and the commissioner of 96.2 health with regard to the department of health's sexual violence 96.3 prevention program funded by federal block grants, and oversee 96.4 how this money is spent. 96.5 Sec. 16. Minnesota Statutes 2000, section 611A.32, is 96.6 amended by adding a subdivision to read: 96.7 Subd. 3a. [SCOPE OF PROGRAMS.] A public or private 96.8 nonprofit agency that receives a grant under section 611A.32 or 96.9 611A.37 may use the grant to fund gender-specific programs. 96.10 Sec. 17. Minnesota Statutes 2000, section 629.72, is 96.11 amended to read: 96.12 629.72 [BAIL IN CASES OF DOMESTIC ASSAULT ORABUSE, 96.13 HARASSMENT, VIOLATION OF AN ORDER FOR PROTECTION, OR VIOLATION 96.14 OF A DOMESTIC ABUSE NO CONTACT ORDER.] 96.15 Subdivision 1. [ DEFINITION; ALLOWING DETENTION IN LIEU OF96.16 CITATION; RELEASEDEFINITIONS.] (a) For purposes of this 96.17 section, the following terms have the meanings given them. 96.18 (b) "Domestic abuse" has the meaning given in section 96.19 518B.01, subdivision 2. 96.20 (c) "Harassment" has the meaning given in section 609.749. 96.21 (d) "Violation of a domestic abuse no contact order" has 96.22 the meaning given in section 518B.01, subdivision 22. 96.23 (e) "Violation of an order for protection" has the meaning 96.24 given in section 518B.01, subdivision 14. 96.25 (b)Subd. 1a. [ALLOWING DETENTION IN LIEU OF CITATION; 96.26 RELEASE.] (a) Notwithstanding any other law or rule, an 96.27 arresting officer may not issue a citation in lieu of arrest and 96.28 detention to an individual charged with harassment or charged96.29 with, domestic abuse, violation of an order for protection, or 96.30 violation of a domestic abuse no contact order. 96.31 (c)(b) Notwithstanding any other law or rule, an 96.32 individual who is arrested on a charge of harassing any 96.33 person or of, domestic abuse, violation of an order for 96.34 protection, or violation of a domestic abuse no contact order, 96.35 must be brought to the police station or county jail. The 96.36 officer in charge of the police station or the county sheriff in 97.1 charge of the jail shall issue a citation in lieu of continued 97.2 detention unless it reasonably appears to the officer or sheriff 97.3 that detention is necessary to prevent bodily harm to the97.4 arrested person or another, or there is a substantial likelihood97.5 the arrested person will fail to respond to a citationrelease 97.6 of the person (1) poses a threat to the alleged victim or 97.7 another family or household member, (2) poses a threat to public 97.8 safety, or (3) involves a substantial likelihood the arrested 97.9 person will fail to appear at subsequent proceedings. 97.10 (d)(c) If the arrested person is not issued a citation by 97.11 the officer in charge of the police station or the county 97.12 sheriff, the arrested person must be brought before the nearest 97.13 available judge of the district court in the county in which the 97.14 alleged harassment or, domestic abuse, violation of an order for 97.15 protection, or violation of a domestic abuse no contact order 97.16 took place without unnecessary delay as provided by court rule. 97.17 Subd. 2. [JUDICIAL REVIEW; RELEASE; BAIL.] (a) The judge 97.18 before whom the arrested person is brought shall review the 97.19 facts surrounding the arrest and detention of a person arrested 97.20 for domestic abuse, harassment, violation of an order for 97.21 protection, or violation of a domestic abuse no contact order. 97.22 The prosecutor or other appropriate personprosecutor's designee 97.23 shall present relevant information involving the victim's or the 97.24 victim's family's account of the alleged crime to the judge to 97.25 be considered in determining the arrested person's release. The97.26 arrested person must be ordered released pending trial or97.27 hearing on the person's personal recognizance or on an order to97.28 appear or upon the execution of an unsecured bond in a specified97.29 amount unless the judge determines that release (1) will be97.30 inimical to public safety, (2) will create a threat of bodily97.31 harm to the arrested person, the victim of the alleged97.32 harassment or domestic abuse, or another, or (3) will not97.33 reasonably assure the appearance of the arrested person at97.34 subsequent proceedings.In making a decision concerning 97.35 pretrial release conditions of a person arrested for domestic 97.36 abuse, harassment, violation of an order for protection, or 98.1 violation of a domestic abuse no contact order, the judge shall 98.2 review the facts of the arrest and detention of the person and 98.3 determine whether: (1) release of the person poses a threat to 98.4 the alleged victim, another family or household member, or 98.5 public safety; or (2) there is a substantial likelihood the 98.6 person will fail to appear at subsequent proceedings. Before 98.7 releasing a person arrested for or charged with a crime of 98.8 domestic abuse, harassment, violation of an order for 98.9 protection, or violation of a domestic abuse no contact order, 98.10 the judge shall make findings on the record, to the extent 98.11 possible, concerning the determination made in accordance with 98.12 the factors specified in clauses (1) and (2). 98.13 (b) The judge may impose conditions of release or bail, or 98.14 both, on the person to protect the alleged victim or other 98.15 family or household members and to ensure the appearance of the 98.16 person at subsequent proceedings. These conditions may include 98.17 an order: 98.18 (1) enjoining the person from threatening to commit or 98.19 committing acts of domestic abuse or harassment against the 98.20 alleged victim or other family or household members or from 98.21 violating an order for protection or a domestic abuse no contact 98.22 order; 98.23 (2) prohibiting the person from harassing, annoying, 98.24 telephoning, contacting, or otherwise communicating with the 98.25 alleged victim, either directly or indirectly; 98.26 (3) directing the person to vacate or stay away from the 98.27 home of the alleged victim and to stay away from any other 98.28 location where the alleged victim is likely to be; 98.29 (4) prohibiting the person from possessing a firearm or 98.30 other weapon specified by the court; 98.31 (5) prohibiting the person from possessing or consuming 98.32 alcohol or controlled substances; and 98.33 (6) specifying any other matter required to protect the 98.34 safety of the alleged victim and to ensure the appearance of the 98.35 person at subsequent proceedings. 98.36 (b) If the judge determines release is not advisable, the99.1 judge may impose any conditions of release that will reasonably99.2 assure the appearance of the person for subsequent proceedings,99.3 or will protect the victim of the alleged harassment or domestic99.4 abuse, or may fix the amount of money bail without other99.5 conditions upon which the arrested person may obtain release.99.6 (c) If conditions of release are imposed, the judge shall issue 99.7 a written order for conditional release. The court 99.8 administrator shall immediately distribute a copy of the order 99.9 for conditional release to the agency having custody of the 99.10 arrested person and shall provide the agency having custody of 99.11 the arrested person with any available information on the 99.12 location of the victim in a manner that protects the victim's 99.13 safety. Either the court or its designee or the agency having 99.14 custody of the arrested person shall serve upon the defendant a 99.15 copy of the order. Failure to serve the arrested person with a 99.16 copy of the order for conditional release does not invalidate 99.17 the conditions of release. 99.18 (c)(d) If the judge imposes as a condition of release a 99.19 requirement that the person have no contact with the alleged 99.20 victim of the alleged harassment or domestic abuse, the judge 99.21 may also, on its own motion or that of the prosecutor or on 99.22 request of the victim, issue an ex parte temporary restraining 99.23 order under section 609.748, subdivision 4, or an ex parte 99.24 temporary order for protection under section 518B.01, 99.25 subdivision 7. Notwithstanding section 518B.01, subdivision 7, 99.26 paragraph (b), or 609.748, subdivision 4, paragraph (c), the 99.27 temporary order is effective until the defendant is convicted or 99.28 acquitted, or the charge is dismissed, provided that upon 99.29 request the defendant is entitled to a full hearing on the 99.30 restraining order under section 609.748, subdivision 5, or on 99.31 the order for protection under section 518B.01. The hearing 99.32 must be held within seven days of the defendant's request. 99.33 Subd. 2a. [ELECTRONIC MONITORING AS A CONDITION OF 99.34 PRETRIAL RELEASE.] (a) Until the commissioner of corrections has 99.35 adopted standards governing electronic monitoring devices used 99.36 to protect victims of domestic abuse, the court, as a condition 100.1 of release, may not order a person arrested for a crime 100.2 described in section 609.135, subdivision 5a, paragraph (b), to 100.3 use an electronic monitoring device to protect a victim's safety. 100.4 (b) Notwithstanding paragraph (a), district courts in the 100.5 tenth judicial district may order, as a condition of a release, 100.6 a person arrested on a charge of a crime described in section 100.7 609.135, subdivision 5a, paragraph (b), to use an electronic 100.8 monitoring device to protect the victim's safety. The courts 100.9 shall make data on the use of electronic monitoring devices to 100.10 protect a victim's safety in the tenth judicial district 100.11 available to the commissioner of corrections to evaluate and to 100.12 aid in development of standards for the use of devices to 100.13 protect victims of domestic abuse. 100.14 Subd. 3. [RELEASE.] If the arrested person is not issued a 100.15 citation by the officer in charge of the police station or the 100.16 county sheriff pursuant to subdivision 1, and is not brought 100.17 before a judge within the time limits prescribed by court rule, 100.18 the arrested person shall be released by the arresting 100.19 authorities, and a citation must be issued in lieu of continued 100.20 detention. 100.21 Subd. 4. [SERVICE OF RESTRAINING ORDER OR ORDER FOR 100.22 PROTECTION.] If a restraining order is issued under section 100.23 609.748 or an order for protection is issued under section 100.24 518B.01 while the arrested person is still in detention, the 100.25 order must be served upon the arrested person during detention 100.26 if possible. 100.27 Subd. 5. [VIOLATIONS OF CONDITIONS OF RELEASE.] The judge 100.28 who released the arrested person shall issue a warrant directing 100.29 that the person be arrested and taken immediately before the 100.30 judge, if the judge: 100.31 (1) receives an application alleging that the arrested 100.32 person has violated the conditions of release; and 100.33 (2) finds that probable cause exists to believe that the 100.34 conditions of release have been violated. 100.35 Subd. 6. [NOTICE REGARDING RELEASE OF ARRESTED PERSON.] 100.36 (a) Immediately after issuance of a citation in lieu of 101.1 continued detention under subdivision 1, or the entry of an 101.2 order for release under subdivision 2, but before the arrested 101.3 person is released, the agency having custody of the arrested 101.4 person or its designee must make a reasonable and good faith 101.5 effort to inform orally the alleged victim, local law 101.6 enforcement agencies known to be involved in the case, if 101.7 different from the agency having custody, and, at the victim's 101.8 request any local battered women's and domestic abuse programs 101.9 established under section 611A.32 or sexual assault programs of: 101.10 (1) the conditions of release, if any; 101.11 (2) the time of release; 101.12 (3) the time, date, and place of the next scheduled court 101.13 appearance of the arrested person and the victim's right to be 101.14 present at the court appearance; and 101.15 (4) if the arrested person is charged with domestic abuse, 101.16 the location and telephone number of the area battered women's 101.17 shelter as designated by the department of corrections. 101.18 (b) As soon as practicable after an order for conditional 101.19 release is entered, the agency having custody of the arrested 101.20 person or its designee must personally deliver or mail to the 101.21 alleged victim a copy of the written order and written notice of 101.22 the information in paragraph (a), clauses (2) and (3). 101.23 Subd. 7. [NOTICE TO VICTIM REGARDING BAIL HEARING.] When a 101.24 person arrested for or a juvenile detained for domestic assault 101.25 or harassment is scheduled to be reviewed under subdivision 2 101.26 for release from pretrial detention, the court shall make a 101.27 reasonable good faith effort to notify: (1) the victim of the 101.28 alleged crime; (2) if the victim is incapacitated or deceased, 101.29 the victim's family; and (3) if the victim is a minor, the 101.30 victim's parent or guardian. The notification must include: 101.31 (a) the date and approximate time of the review; 101.32 (b) the location where the review will occur; 101.33 (c) the name and telephone number of a person that can be 101.34 contacted for additional information; and 101.35 (d) a statement that the victim and the victim's family may 101.36 attend the review. 102.1 Sec. 18. [STUDY; INTERAGENCY TASK FORCE ON DOMESTIC 102.2 VIOLENCE AND SEXUAL ASSAULT PREVENTION.] 102.3 The interagency task force on domestic violence and sexual 102.4 assault prevention is directed to study issues related to gender 102.5 and domestic violence and to assess the needs of male victims of 102.6 domestic violence including false assault accusations. By 102.7 January 15, 2002, the director of prevention of domestic 102.8 violence and sexual assault shall report to the chairs and 102.9 ranking minority members of the house and senate committees with 102.10 jurisdiction over criminal justice policy and funding on the 102.11 task force's study, findings, and recommendations. 102.12 Sec. 19. [INSTRUCTION TO REVISOR.] 102.13 The revisor of statutes shall delete the phrases "battered 102.14 women" and "battered women's" wherever they appear in the next 102.15 edition of Minnesota Statutes and Minnesota Rules and change 102.16 them to or maintain references to "domestic abuse victims" or 102.17 "domestic abuse." The revisor of statutes shall not delete or 102.18 change any references in statute to the "Minnesota Coalition for 102.19 Battered Women." 102.20 Sec. 20. [REPEALER.] 102.21 Minnesota Statutes 2000, section 609.2244, subdivision 4, 102.22 is repealed. 102.23 Sec. 21. [EFFECTIVE DATES.] 102.24 Sections 1, 4, and 6 to 14 are effective August 1, 2001, 102.25 and apply to crimes committed on or after that date. The 102.26 remaining sections are effective July 1, 2001. 102.27 ARTICLE 10 102.28 MISCELLANEOUS AND TECHNICAL PROVISIONS 102.29 Section 1. Minnesota Statutes 2000, section 8.16, 102.30 subdivision 1, is amended to read: 102.31 Subdivision 1. [AUTHORITY.] The attorney general, or any 102.32 deputy, assistant, or special assistant attorney general whom 102.33 the attorney general authorizes in writing, has the authority in 102.34 any county of the state to subpoena and require the production 102.35 of any records of telephone companies, cellular phone companies, 102.36 paging companies, the names and addresses of subscribers of 103.1 private computer networks including Internet service providers 103.2 or computer bulletin board systems, electric companies, gas 103.3 companies, water utilities, chemical suppliers, hotels and 103.4 motels, pawn shops, airlines, buses, taxis, and other entities 103.5 engaged in the business of transporting people, and freight 103.6 companies, self-service storage facilities, warehousing 103.7 companies, package delivery companies, and other entities 103.8 engaged in the businesses of transport, storage, or delivery, 103.9 and records of the existence of safe deposit box account numbers 103.10 and customer savings and checking account numbers maintained by 103.11 financial institutions and safe deposit companies. Subpoenas 103.12 may only be issued for records that are relevant to an ongoing 103.13 legitimate law enforcement investigation. 103.14 Sec. 2. Minnesota Statutes 2000, section 169A.03, 103.15 subdivision 12, is amended to read: 103.16 Subd. 12. [MISDEMEANOR.] "Misdemeanor" means a crime for 103.17 which a person may be sentenced to imprisonment for not more 103.18 than 90 days, or to payment of a fine of not more 103.19 than $700$1,000, or both. 103.20 Sec. 3. Minnesota Statutes 2000, section 629.471, 103.21 subdivision 2, is amended to read: 103.22 Subd. 2. [QUADRUPLE FINE.] (a) For offenses under sections 103.23 169.09, 169A.20, 171.24, paragraph (c)subdivision 5, 609.2231,103.24 subdivision 2, 609.487,and 609.525, the maximum cash bail that 103.25 may be required for a person charged with a misdemeanor or gross 103.26 misdemeanor violation is quadruple the highest cash fine that 103.27 may be imposed for the offense. 103.28 (b) Unless the court imposes the conditions of release 103.29 specified in section 169A.44, the court must impose maximum bail 103.30 when releasing a person from detention who has been charged with 103.31 violating section 169A.20 if the person has three or more prior 103.32 impaired driving convictions within the previous ten years. As 103.33 used in this subdivision, "prior impaired driving conviction" 103.34 has the meaning given in section 169A.03. 103.35 Sec. 4. [FEE INCREASE APPROVAL; PRIVATE DETECTIVES BOARD.] 103.36 Fee increases proposed for the private detectives board by 104.1 the governor in the 2002-2003 criminal justice biennial budget 104.2 document are approved. 104.3 Sec. 5. [EFFECTIVE DATES.] 104.4 Sections 1, 3, and 5 are effective July 1, 2001. Sections 104.5 2 and 4 are effective August 1, 2001, and apply to crimes 104.6 committed on or after that date. 104.7 ARTICLE 11 104.8 DWI TECHNICAL PROVISIONS 104.9 Section 1. Minnesota Statutes 2000, section 169A.03, is 104.10 amended by adding a subdivision to read: 104.11 Subd. 1a. [ALCOHOL BY VOLUME.] For purposes of this 104.12 chapter only, "alcohol by volume" means milliliters of alcohol 104.13 per 100 milliliters of beverage. 104.14 Sec. 2. Minnesota Statutes 2000, section 169A.03, is 104.15 amended by adding a subdivision to read: 104.16 Subd. 1b. [ALCOHOL BY WEIGHT.] For purposes of this 104.17 chapter only, "alcohol by weight" means grams of alcohol per 100 104.18 grams of beverage. 104.19 Sec. 3. Minnesota Statutes 2000, section 169A.277, 104.20 subdivision 2, is amended to read: 104.21 Subd. 2. [MONITORING REQUIRED.] When the court sentences a 104.22 person described in subdivision 1 to a stayed sentence and when 104.23 electronic monitoring equipment is available to the court, the 104.24 court shall require that the person participate in a program of 104.25 electronic alcohol monitoring in addition to any other 104.26 conditions of probation or jail time it imposes. During the104.27 first one-third of the person's probationary term, the104.28 electronic alcohol monitoring must be continuous and involve104.29 measurements of the person's alcohol concentration at least104.30 three times a day. During the remainder of the person's104.31 probationary term, the electronic alcohol monitoring may be104.32 intermittent, as determined by the court.The court must order 104.33 the monitoring for a minimum of 30 consecutive days during each 104.34 year of the person's probationary period. 104.35 Sec. 4. Minnesota Statutes 2000, section 169A.28, 104.36 subdivision 2, is amended to read: 105.1 Subd. 2. [PERMISSIVE CONSECUTIVE SENTENCES; MULTIPLE 105.2 OFFENSES.] (a) When a person is being sentenced for a violation 105.3 of a provision listed in paragraph (e), the court may sentence 105.4 the person to a consecutive term of imprisonment for a violation 105.5 of any other provision listed in paragraph (e), notwithstanding 105.6 the fact that the offenses arose out of the same course of 105.7 conduct, subject to the limitation on consecutive sentences 105.8 contained in section 609.15, subdivision 2, and except as 105.9 provided in paragraphs (b) and (c). 105.10 (b) When a person is being sentenced for a violation of 105.11 section 171.20 (operation after revocation, suspension, 105.12 cancellation, or disqualification), 171.24 (driving without 105.13 valid license), or 171.30 (violation of condition of limited 105.14 license), the court may not impose a consecutive sentence for 105.15 another violation of a provision in chapter 171 (drivers' 105.16 licenses and training schools). 105.17 (c) When a person is being sentenced for a violation of 105.18 section 169.791 (failure to provide proof of insurance) or 105.19 169.797 (failure to provide vehicle insurance), the court may 105.20 not impose a consecutive sentence for another violation of a 105.21 provision of sections 169.79 to 169.7995. 105.22 (d) This subdivision does not limit the authority of the 105.23 court to impose consecutive sentences for crimes arising on 105.24 different dates or to impose a consecutive sentence when a 105.25 person is being sentenced for a crime and is also in violation 105.26 of the conditions of a stayed or otherwise deferred sentence 105.27 under section 609.135 (stay of imposition or execution of 105.28 sentence). 105.29 (e) This subdivision applies to misdemeanor and gross 105.30 misdemeanor violations of the following if the offender has two 105.31 or more prior impaired driving convictions within the past ten 105.32 years: 105.33 (1) section 169A.20, subdivision 1 (driving while impaired; 105.34 impaired driving offenses); 105.35 (2) section 169A.20, subdivision 2 (driving while impaired; 105.36 test refusal offense); 106.1 (3) section 169.791; 106.2 (3)(4) section 169.797; 106.3 (4)(5) section 171.09 (violation of condition of 106.4 restricted license); 106.5 (6) section 171.20, subdivision 2 (operation after 106.6 revocation, suspension, cancellation, or disqualification); 106.7 (5)(7) section 171.24; and 106.8 (6)(8) section 171.30. 106.9 Sec. 5. Minnesota Statutes 2000, section 169A.37, 106.10 subdivision 1, is amended to read: 106.11 Subdivision 1. [CRIME DESCRIBED.] It is a crime for a 106.12 person to: 106.13 (1) to fail to comply with an impoundment order under 106.14 section 169A.60 (administrative plate impoundment); 106.15 (2) to file a false statement under section 169A.60, 106.16 subdivision 7 or, 8, or 14; 106.17 (3) to operate a self-propelled motor vehicle on a street 106.18 or highway when the vehicle is subject to an impoundment order 106.19 issued under section 169A.60, unless specially coded plates have 106.20 been issued for the vehicle pursuant to section 169A.60, 106.21 subdivision 13; or106.22 (4) to fail to notify the commissioner of the impoundment 106.23 order when requesting new plates .; 106.24 (5) who is subject to a plate impoundment order under 106.25 section 169A.60, to drive, operate, or be in control of any 106.26 motor vehicle during the impoundment period, unless the vehicle 106.27 has specially coded plates issued pursuant to section 169A.60, 106.28 subdivision 13, and the person is validly licensed to drive; or 106.29 (6) who is the transferee of a motor vehicle and who has 106.30 signed a sworn statement under section 169A.60, subdivision 14, 106.31 to allow the previously registered owner to drive, operate, or 106.32 be in control of the vehicle during the impoundment period. 106.33 Sec. 6. Minnesota Statutes 2000, section 169A.41, 106.34 subdivision 2, is amended to read: 106.35 Subd. 2. [USE OF TEST RESULTS.] The results of this 106.36 preliminary screening test must be used for the purpose of 107.1 deciding whether an arrest should be made and whether to require 107.2 the tests authorized in section 169A.51 (chemical tests for 107.3 intoxication), but must not be used in any court action except 107.4 the following: 107.5 (1) to prove that a test was properly required of a person 107.6 pursuant to section 169A.51, subdivision 1; 107.7 (2) in a civil action arising out of the operation or use 107.8 of the motor vehicle; 107.9 (3) in an action for license reinstatement under section 107.10 171.19; 107.11 (4) in a prosecution for a violation of section 169A.20, 107.12 subdivision 2 (driving while impaired; test refusal); 107.13 (5) in a prosecution or juvenile court proceeding 107.14 concerning a violation of section 169A.33 (underage drinking and 107.15 driving), or 340A.503, subdivision 1, paragraph (a), clause (2) 107.16 (underage alcohol consumption); 107.17 (5)(6) in a prosecution under section 169A.31, 107.18 (alcohol-related school or Head Start bus driving); or 171.30 107.19 (limited license); or 107.20 (6)(7) in a prosecution for a violation of a restriction 107.21 on a driver's license under section 171.09, which provides that 107.22 the license holder may not use or consume any amount of alcohol 107.23 or a controlled substance. 107.24 Sec. 7. Minnesota Statutes 2000, section 169A.51, 107.25 subdivision 7, is amended to read: 107.26 Subd. 7. [REQUIREMENTS FOR CONDUCTING TESTS; LIABILITY.] 107.27 (a) Only a physician, medical technician, physician's trained107.28 mobile intensive care paramedicemergency medical 107.29 technician-paramedic, registered nurse, medical 107.30 technologist, medical laboratory technician, or laboratory 107.31 assistant acting at the request of a peace officer may withdraw 107.32 blood for the purpose of determining the presence of alcohol, 107.33 controlled substances, or hazardous substances. This limitation 107.34 does not apply to the taking of a breath or urine sample. 107.35 (b) The person tested has the right to have someone of the 107.36 person's own choosing administer a chemical test or tests in 108.1 addition to any administered at the direction of a peace 108.2 officer; provided, that the additional test sample on behalf of 108.3 the person is obtained at the place where the person is in 108.4 custody, after the test administered at the direction of a peace 108.5 officer, and at no expense to the state. The failure or 108.6 inability to obtain an additional test or tests by a person does 108.7 not preclude the admission in evidence of the test taken at the 108.8 direction of a peace officer unless the additional test was 108.9 prevented or denied by the peace officer. 108.10 (c) The physician, medical technician, physician's trained108.11 mobile intensive care paramedicemergency medical 108.12 technician-paramedic, medical technologist, medical laboratory 108.13 technician, laboratory assistant, or registered nurse drawing 108.14 blood at the request of a peace officer for the purpose of 108.15 determining the concentration of alcohol, controlled substances, 108.16 or hazardous substances is in no manner liable in any civil or 108.17 criminal action except for negligence in drawing the blood. The 108.18 person administering a breath test must be fully trained in the 108.19 administration of breath tests pursuant to training given by the 108.20 commissioner of public safety. 108.21 Sec. 8. Minnesota Statutes 2000, section 169A.54, 108.22 subdivision 6, is amended to read: 108.23 Subd. 6. [APPLICABILITY OF IMPLIED CONSENT REVOCATION.] 108.24 Except for a person whose license has been revoked under108.25 subdivision 2, and except for a person convicted of a violation108.26 of section 169A.20 (driving while impaired) while having a child108.27 under the age of 16 in the vehicle if the child is more than 36108.28 months younger than the offender,(a) Any person whose license 108.29 has been revoked pursuant to section 169A.52 (license revocation 108.30 for test failure or refusal) as the result of the same incident, 108.31 and who does not have a qualified prior impaired driving 108.32 incident, is subject to the mandatory revocation provisions of 108.33 subdivision 1, clause (1) or (2), in lieu of the mandatory 108.34 revocation provisions of section 169A.52. 108.35 (b) Paragraph (a) does not apply to: 108.36 (1) a person whose license has been revoked under 109.1 subdivision 2 (driving while impaired by person under age 21); 109.2 (2) a person charged with violating section 169A.20 109.3 (driving while impaired) with the aggravating factor of having 109.4 an alcohol concentration of 0.20 or more as measured at the 109.5 time, or within two hours of the time, of the offense, and the 109.6 person is convicted of that offense or any other offense 109.7 described in section 169A.20 arising out of the same set of 109.8 circumstances; or 109.9 (3) a person charged with violating section 169A.20 109.10 (driving while impaired) with the aggravating factor of having a 109.11 child under the age of 16 in the vehicle and the child is more 109.12 than 36 months younger than the offender, and the person is 109.13 convicted of that offense or any other offense described in 109.14 section 169A.20 arising out of the same set of circumstances. 109.15 Sec. 9. Minnesota Statutes 2000, section 169A.60, 109.16 subdivision 1, is amended to read: 109.17 Subdivision 1. [DEFINITIONS.] (a) As used in this section, 109.18 the following terms have the meanings given in this subdivision. 109.19 (b) "Motor vehicle" means a self-propelled motor vehicle 109.20 other than a motorboat in operation or aan off-road 109.21 recreational vehicle. 109.22 (c) "Plate impoundment violation" includes: 109.23 (1) a violation of section 169A.20 (driving while impaired) 109.24 or 169A.52 (license revocation for test failure or refusal), or 109.25 a conforming ordinance from this state or a conforming statute 109.26 or ordinance from another state, that results in the revocation 109.27 of a person's driver's license or driving privileges, within ten 109.28 years of a qualified prior impaired driving incident; 109.29 (2) a license disqualification under section 171.165 109.30 (commercial driver's license disqualification) resulting from a 109.31 violation of section 169A.52 within ten years of a qualified 109.32 prior impaired driving incident; 109.33 (3) a violation of section 169A.20 or 169A.52 while having 109.34 an alcohol concentration of 0.20 or more as measured at the 109.35 time, or within two hours of the time, of the offense; 109.36 (4) a violation of section 169A.20 or 169A.52 while having 110.1 a child under the age of 16 in the vehicle if the child is more 110.2 than 36 months younger than the offender; and 110.3 (5) a violation of section 171.24 (driving without valid 110.4 license) by a person whose driver's license or driving 110.5 privileges have been canceled under section 171.04, subdivision 110.6 1, clause (10) (persons not eligible for driver's license, 110.7 inimical to public safety). 110.8 (d) "Significant relationship" has the same meaning as 110.9 given in section 609.341, subdivision 15, and includes any 110.10 person with whom the actor regularly associates and communicates 110.11 outside of a workplace setting. 110.12 (e) "Violator" means a person who was driving, operating, 110.13 or in physical control of the motor vehicle when the plate 110.14 impoundment violation occurred. 110.15 Sec. 10. Minnesota Statutes 2000, section 169A.60, 110.16 subdivision 13, is amended to read: 110.17 Subd. 13. [SPECIAL REGISTRATION PLATES.] (a) At any time 110.18 during the effective period of an impoundment order, a violator 110.19 or registered owner may apply to the commissioner for new 110.20 registration plates, which must bear a special series of numbers 110.21 or letters so as to be readily identified by traffic law 110.22 enforcement officers. The commissioner may authorize the 110.23 issuance of special plates if: 110.24 (1) the violator has a qualified licensed driver whom the 110.25 violator must identify; 110.26 (2) the violator or registered owner has a limited license 110.27 issued under section 171.30; 110.28 (3) the registered owner is not the violator and the 110.29 registered owner has a valid or limited driver's license; or110.30 (4) a member of the registered owner's household has a 110.31 valid driver's license; or 110.32 (5) the violator has been reissued a valid driver's license. 110.33 (b) The commissioner may not issue new registration plates 110.34 for that vehicle subject to plate impoundment for a period of at 110.35 least one year from the date of the impoundment order and until 110.36 the next regularly scheduled registration date following the 111.1 impoundment period. In addition, if the owner is the violator, 111.2 new registration plates may not be issued for the vehicle unless 111.3 the person has been reissued a valid driver's license in 111.4 accordance with chapter 171. 111.5 (c) A violator may not apply for new registration plates 111.6 for a vehicle at any time before the person's driver's license 111.7 is reinstated. 111.8 (d) The commissioner may issue the special plates on 111.9 payment of a $50 fee for each vehicle for which special plates 111.10 are requested. 111.11 (e) Paragraphs (a) to (d) notwithstanding, the commissioner 111.12 must issue upon request new registration plates for a vehicle 111.13 for which the registration plates have been impounded if: 111.14 (1) the impoundment order is rescinded; 111.15 (2) the vehicle is transferred in compliance with 111.16 subdivision 14; or 111.17 (3) the vehicle is transferred to a Minnesota automobile 111.18 dealer licensed under section 168.27, a financial institution 111.19 that has submitted a repossession affidavit, or a government 111.20 agency. 111.21 Sec. 11. Minnesota Statutes 2000, section 169A.60, 111.22 subdivision 14, is amended to read: 111.23 Subd. 14. [SALE OF VEHICLE SUBJECT TO IMPOUNDMENT ORDER.] 111.24 (a) A registered owner may not sell or transfer a motor vehicle 111.25 during the time its registration plates have been ordered 111.26 impounded or during the time its registration plates bear a 111.27 special series number, unless: 111.28 (1) the sale is for a valid consideration; 111.29 (2) the transferee doesand the registered owner: 111.30 (i) are not, and have not been, related by blood, adoption, 111.31 or marriage; 111.32 (ii) do not reside in the same household as the registered111.33 owner; and 111.34 (iii) do not have, and have not had at any time, a 111.35 significant relationship with one another; 111.36 (3) the transferee signs an acceptable sworn statement with 112.1 the commissioner attesting that: 112.2 (i) the transferee and the violator do not have, and have 112.3 not had at any time, a significant relationship with one 112.4 another; 112.5 (ii) the transferee understands that the vehicle is subject 112.6 to an impoundment order; and 112.7 (iii) it is a crime under section 169A.37 to file a false 112.8 statement under this section or to allow the previously 112.9 registered owner to drive, operate, or be in control of the 112.10 vehicle during the impoundment period; and 112.11 (4) all elements of section 168A.10 (transfer of interest 112.12 by owner) are satisfied. 112.13 (b) If the conditions of paragraph (a) are satisfied, the 112.14 registrar may thentransfer the title to the new owner upon 112.15 proper application and issue new registration plates for the 112.16 vehicle. 112.17 Sec. 12. Minnesota Statutes 2000, section 171.09, is 112.18 amended to read: 112.19 171.09 [COMMISSIONER MAY IMPOSE RESTRICTIONS.] 112.20 (a) The commissioner shall have the authority, when good 112.21 cause appears, to impose restrictions suitable to the licensee's 112.22 driving ability or such other restrictions applicable to the 112.23 licensee as the commissioner may determine to be appropriate to 112.24 assure the safe operation of a motor vehicle by the licensee. 112.25 The commissioner may, upon receiving satisfactory evidence of 112.26 any violation of the restrictions of the license, suspend or 112.27 revoke the license. A license suspension under this section is 112.28 subject to section 171.18, subdivisions 2 and 3. 112.29 (b) It is unlawful for any person to operateA person who 112.30 drives, operates, or is in physical control of a motor 112.31 vehicle in any mannerwhile in violation of the restrictions 112.32 imposed in a restricted driver's license issued to that person 112.33 under paragraph (a) is guilty of a crime as follows: 112.34 (1) if the restriction relates to the possession or 112.35 consumption of alcohol or controlled substances, the person is 112.36 guilty of a gross misdemeanor; or 113.1 (2) if other than clause (1), the person is guilty of a 113.2 misdemeanor. 113.3 Sec. 13. Minnesota Statutes 2000, section 171.29, 113.4 subdivision 2, is amended to read: 113.5 Subd. 2. [FEES, ALLOCATION.] (a) A person whose driver's 113.6 license has been revoked as provided in subdivision 1, except 113.7 under section 169A.52 or, 169A.54, or 609.21, shall pay a $30 113.8 fee before the driver's license is reinstated. 113.9 (b) A person whose driver's license has been revoked as 113.10 provided in subdivision 1 under section 169A.52 or, 169A.54, or 113.11 609.21, shall pay a $250 fee plus a $40 surcharge before the 113.12 driver's license is reinstated. The $250 fee is to be credited 113.13 as follows: 113.14 (1) Twenty percent must be credited to the trunk highway 113.15 fund. 113.16 (2) Fifty-five percent must be credited to the general fund. 113.17 (3) Eight percent must be credited to a separate account to 113.18 be known as the bureau of criminal apprehension account. Money 113.19 in this account may be appropriated to the commissioner of 113.20 public safety and the appropriated amount must be apportioned 80 113.21 percent for laboratory costs and 20 percent for carrying out the 113.22 provisions of section 299C.065. 113.23 (4) Twelve percent must be credited to a separate account 113.24 to be known as the alcohol-impaired driver education account. 113.25 Money in the account is appropriated as follows: 113.26 (i) the first $200,000 in a fiscal year to the commissioner 113.27 of children, families, and learning for programs for elementary 113.28 and secondary school students; and 113.29 (ii) the remainder credited in a fiscal year to the 113.30 commissioner of transportation to be spent as grants to the 113.31 Minnesota highway safety center at St. Cloud State University 113.32 for programs relating to alcohol and highway safety education in 113.33 elementary and secondary schools. 113.34 (5) Five percent must be credited to a separate account to 113.35 be known as the traumatic brain injury and spinal cord injury 113.36 account. The money in the account is annually appropriated to 114.1 the commissioner of health to be used as follows: 35 percent 114.2 for a contract with a qualified community-based organization to 114.3 provide information, resources, and support to assist persons 114.4 with traumatic brain injury and their families to access 114.5 services, and 65 percent to maintain the traumatic brain injury 114.6 and spinal cord injury registry created in section 144.662. For 114.7 the purposes of this clause, a "qualified community-based 114.8 organization" is a private, not-for-profit organization of 114.9 consumers of traumatic brain injury services and their family 114.10 members. The organization must be registered with the United 114.11 States Internal Revenue Service under section 501(c)(3) as a 114.12 tax-exempt organization and must have as its purposes: 114.13 (i) the promotion of public, family, survivor, and 114.14 professional awareness of the incidence and consequences of 114.15 traumatic brain injury; 114.16 (ii) the provision of a network of support for persons with 114.17 traumatic brain injury, their families, and friends; 114.18 (iii) the development and support of programs and services 114.19 to prevent traumatic brain injury; 114.20 (iv) the establishment of education programs for persons 114.21 with traumatic brain injury; and 114.22 (v) the empowerment of persons with traumatic brain injury 114.23 through participation in its governance. 114.24 No patient's name, identifying information or identifiable 114.25 medical data will be disclosed to the organization without the 114.26 informed voluntary written consent of the patient or patient's 114.27 guardian, or if the patient is a minor, of the parent or 114.28 guardian of the patient. 114.29 (c) The $40 surcharge must be credited to a separate 114.30 account to be known as the remote electronic alcohol monitoring 114.31 program account. The commissioner shall transfer the balance of 114.32 this account to the commissioner of finance on a monthly basis 114.33 for deposit in the general fund. 114.34 (d) When these fees are collected by a licensing agent, 114.35 appointed under section 171.061, a handling charge is imposed in 114.36 the amount specified under section 171.061, subdivision 4. The 115.1 reinstatement fees and surcharge must be deposited in an 115.2 approved state depository as directed under section 171.061, 115.3 subdivision 4. 115.4 Sec. 14. Minnesota Statutes 2000, section 609.035, 115.5 subdivision 2, is amended to read: 115.6 Subd. 2. (a) When a person is being sentenced for a 115.7 violation of a provision listed in paragraph (e), the court may 115.8 sentence the person to a consecutive term of imprisonment for a 115.9 violation of any other provision listed in paragraph (e), 115.10 notwithstanding the fact that the offenses arose out of the same 115.11 course of conduct, subject to the limitation on consecutive 115.12 sentences contained in section 609.15, subdivision 2, and except 115.13 as provided in paragraphs (b), (c), and (f) of this subdivision. 115.14 (b) When a person is being sentenced for a violation of 115.15 section 171.09, 171.20, 171.24, or 171.30, the court may not 115.16 impose a consecutive sentence for another violation of a 115.17 provision in chapter 171. 115.18 (c) When a person is being sentenced for a violation of 115.19 section 169.791 or 169.797, the court may not impose a 115.20 consecutive sentence for another violation of a provision of 115.21 sections 169.79 to 169.7995. 115.22 (d) This subdivision does not limit the authority of the 115.23 court to impose consecutive sentences for crimes arising on 115.24 different dates or to impose a consecutive sentence when a 115.25 person is being sentenced for a crime and is also in violation 115.26 of the conditions of a stayed or otherwise deferred sentence 115.27 under section 609.135. 115.28 (e) This subdivision applies to misdemeanor and gross 115.29 misdemeanor violations of the following if the offender has two 115.30 or more prior impaired driving convictions as defined in section 115.31 169A.03 within the past ten years: 115.32 (1) section 169A.20, subdivision 1, driving while impaired; 115.33 (2) section 169A.20, subdivision 2, test refusal; 115.34 (3) section 169.791, failure to provide proof of insurance; 115.35 (3)(4) section 169.797, failure to provide vehicle 115.36 insurance; 116.1 (4)(5) section 171.09, violation of condition of 116.2 restricted license; 116.3 (6) section 171.20, subdivision 2, operation after 116.4 revocation, suspension, cancellation, or disqualification; 116.5 (5)(7) section 171.24, driving without valid license; and 116.6 (6)(8) section 171.30, violation of condition of limited 116.7 license. 116.8 (f) When a court is sentencing an offender for a violation 116.9 of section 169A.20 and a violation of an offense listed in 116.10 paragraph (e), and the offender has five or more qualified prior 116.11 impaired driving incidents, as defined in section 169A.03, 116.12 within the past ten years, the court shall sentence the offender 116.13 to serve consecutive sentences for the offenses, notwithstanding 116.14 the fact that the offenses arose out of the same course of 116.15 conduct. 116.16 Sec. 15. Minnesota Statutes 2000, section 626.52, is 116.17 amended to read: 116.18 626.52 [REPORTING OF SUSPICIOUS WOUNDS AND ALCOHOL-RELATED 116.19 OR CONTROLLED SUBSTANCE-RELATED ACCIDENTS BY HEALTH 116.20 PROFESSIONALS.] 116.21 Subdivision 1. [DEFINITION.] As used in this section, 116.22 "health professional" means a physician, surgeon, person 116.23 authorized to engage in the practice of healing, superintendent 116.24 or manager of a hospital, nurse, or pharmacist. 116.25 Subd. 2. [HEALTH PROFESSIONALS REQUIRED TO REPORT.] (a) A 116.26 health professional shall immediately report, as provided under 116.27 section 626.53, to the local police department or county sheriff 116.28 all bullet wounds, gunshot wounds, powder burns, or any other 116.29 injury arising from, or caused by the discharge of any gun, 116.30 pistol, or any other firearm, which wound the health 116.31 professional is called upon to treat, dress, or bandage. 116.32 (b) A health professional shall report to the proper police 116.33 authorities any wound that the reporter has reasonable cause to 116.34 believe has been inflicted on a perpetrator of a crime by a 116.35 dangerous weapon other than a firearm as defined under section 116.36 609.02, subdivision 6. 117.1 (c) When asked by a peace officer during the course of 117.2 treatment of a person, a health care professional must report to 117.3 the officer the following information about the person who is 117.4 being treated by the professional for an injury resulting from a 117.5 motor vehicle, off-road recreational vehicle, motorboat, or 117.6 airplane crash when there is any indication that the person has 117.7 consumed alcohol or a controlled substance: 117.8 (1) the person's name; 117.9 (2) any observed indicia of alcohol or controlled substance 117.10 consumption or impairment; 117.11 (3) any statements made by the person indicating any 117.12 consumption of alcohol or a controlled substance; and 117.13 (4) the results of any laboratory tests performed on the 117.14 person that indicate a blood alcohol level or the presence of a 117.15 controlled substance in the person's body. 117.16 This paragraph must not be construed to require the health care 117.17 professional to perform any additional laboratory or other 117.18 diagnostic tests that would otherwise not be performed during 117.19 the course of treatment, or to document any observations or 117.20 conditions that would not otherwise be documented for 117.21 examination and treatment purposes. 117.22 Subd. 3. [REPORTING BURNS.] A health professional shall 117.23 file a written report with the state fire marshal within 72 117.24 hours after being notified of a burn injury or wound that the 117.25 professional is called upon to treat, dress, or bandage, if the 117.26 victim has sustained second- or third-degree burns to five 117.27 percent or more of the body, the victim has sustained burns to 117.28 the upper respiratory tract or sustained laryngeal edema from 117.29 inhaling superheated air, or the victim has sustained a burn 117.30 injury or wound that may result in the victim's death. The 117.31 state fire marshal shall provide the form for the report. 117.32 Subd. 4. [IMMUNITY; CIVIL AND CRIMINAL.] Any person 117.33 reporting in good faith and exercising due care has immunity 117.34 from any liability, civil or criminal, that otherwise might 117.35 result by reason of the person's actions pursuant to this 117.36 section. No cause of action, civil or criminal, may be brought 118.1 against any person for not making a report pursuant to this 118.2 section. 118.3 Sec. 16. Minnesota Statutes 2000, section 626.55, 118.4 subdivision 1, is amended to read: 118.5 Subdivision 1. Any person who violates any provision of 118.6 sections 626.52 to 626.55, other than section 626.52, 118.7 subdivision 2, paragraph (c); or 3, is guilty of a gross 118.8 misdemeanor. 118.9 Sec. 17. [REPEALER.] 118.10 Minnesota Statutes 2000, section 626.55, subdivision 2, is 118.11 repealed. 118.12 Sec. 18. [EFFECTIVE DATE.] 118.13 Sections 3 to 12 and 14 to 17 are effective August 1, 2001, 118.14 and apply to crimes committed on or after that date. Section 13 118.15 is effective July 1, 2001. 118.16 ARTICLE 12 118.17 MARRIAGE DISSOLUTION, LEGAL SEPARATION, AND ANNULMENT 118.18 Section 1. [517A.25] [SIX-MONTH REVIEW.] 118.19 (a) A decree of dissolution or legal separation or an order 118.20 that establishes child custody, parenting time, or support 118.21 rights and obligations of parents must contain a review date six 118.22 months after its entry. At the six-month hearing, the court 118.23 must review: 118.24 (1) whether child support is current; and 118.25 (2) whether both parties are complying with the parenting 118.26 time provisions of the order. 118.27 (b) At the six-month hearing, the obligor has the burden to 118.28 present evidence to establish that child support payments are 118.29 current. A party may request that the public authority provide 118.30 information to the parties and court regarding child support 118.31 payments. A party must request the information from the public 118.32 authority at least 14 days before the hearing. The commissioner 118.33 of human services must develop a form to be used by the public 118.34 authority to submit child support payment information to the 118.35 parties and court. 118.36 (c) A hearing need not be held under this section if both 119.1 parties file an affidavit with the court administrator before 119.2 the scheduled hearing date indicating that child support is 119.3 current and that the parties are complying with the parenting 119.4 time provisions of the order. 119.5 (d) Contempt of court and all statutory remedies for child 119.6 support and parenting time enforcement may be imposed by the 119.7 court at the six-month hearing for noncompliance by either party. 119.8 (e) At least one month before the six-month hearing, a 119.9 court administrator must send the parties written notice of the 119.10 hearing. The written notice must include a statement that an 119.11 obligor has the burden to present evidence at the hearing to 119.12 establish that child support payments are current. The written 119.13 notice also must include a statement that a hearing will not be 119.14 held if both parties submit an affidavit to the court 119.15 administrator before the hearing date indicating that child 119.16 support is current and that the parties are in compliance with 119.17 parenting time provisions. 119.18 Sec. 2. Minnesota Statutes 2000, section 518.002, is 119.19 amended to read: 119.20 518.002 [ USE TERM DISSOLUTIONMEANING OF DIVORCE.] 119.21 Wherever the word"Divorce" is, as used in the statutes, it119.22 has the same meaning as "dissolution" or "dissolution of 119.23 marriage." 119.24 Sec. 3. Minnesota Statutes 2000, section 518.003, 119.25 subdivision 1, is amended to read: 119.26 Subdivision 1. [SCOPE.] For the purposes ofThe 119.27 definitions in this section apply to this chapter , the following119.28 terms have the meanings provided in this section unless the119.29 context clearly requires otherwise. 119.30 Sec. 4. Minnesota Statutes 2000, section 518.005, is 119.31 amended to read: 119.32 518.005 [RULES GOVERNING PROCEEDINGS.] 119.33 Subdivision 1. [APPLICABLE RULES.] Unless otherwise 119.34 specifically provided, the rules of civil procedure for the 119.35 district court apply to all proceedings under this chapter and 119.36 chapters 517B and 517C. 120.1 Subd. 2. [TITLE.] A proceeding for dissolution of 120.2 marriage, legal separation, or annulment shallmust be entitled 120.3 "In re the Marriage of .......... and .......... ." A custody120.4 or support proceeding shall be entitled "In re the (Custody)120.5 (Support) of .......... ."120.6 Subd. 3. [NAMES OF PLEADINGS.] The initial pleading in all 120.7 proceedings under sections 518.002 to 518.66 shallthis chapter 120.8 and chapters 517B and 517C must be denominated a petition. A 120.9 responsive pleading shallmust be denominated an answer. Other 120.10 pleadings shallmust be denominated as provided in the rules of 120.11 civil procedure. 120.12 Subd. 4. [DECREE; JUDGMENT.] In sections 518.002 to 518.66120.13 this chapter and chapters 517B and 517C, "decree" includes 120.14 "judgment." 120.15 Subd. 5. [PROHIBITED DISCLOSURE.] In all proceedings under 120.16 this chapter and chapters 517B and 517C, in which public 120.17 assistance is assigned under section 256.741 or the public 120.18 authority provides services to a party or parties to the 120.19 proceedings, notwithstanding statutory or other authorization 120.20 for the public authority to release private data on the location 120.21 of a party to the action, information on the location of one 120.22 party may not be released by the public authority to the other 120.23 party if: 120.24 (1) the public authority has knowledge that a protective 120.25 order with respect to the other party has been entered; or 120.26 (2) the public authority has reason to believe that the 120.27 release of the information may result in physical or emotional 120.28 harm to the other party. 120.29 Subd. 6. [REQUIRED NOTICE.] Every court order or judgment 120.30 and decree that provides for child support, spousal maintenance, 120.31 custody, or parenting time must contain the notices required by 120.32 section 517C.99. 120.33 Sec. 5. Minnesota Statutes 2000, section 518.01, is 120.34 amended to read: 120.35 518.01 [VOID MARRIAGES.] 120.36 All marriages which areA marriage prohibited by section 121.1 517.03 shall be absolutelyis void ,without any decree of 121.2 dissolution or other legal proceedings; except if a person whose 121.3 husband or wife has been absent for four successive years, 121.4 without being known to the person to be living during that time, 121.5 marries during the lifetime of the absent husband or wife, the 121.6 marriage shall beis void only from the time that its nullity is 121.7 duly adjudged. If the absentee is declared dead in accordance 121.8 with section 576.142, the subsequent marriage shallis not be121.9 void. 121.10 Sec. 6. Minnesota Statutes 2000, section 518.02, is 121.11 amended to read: 121.12 518.02 [VOIDABLE MARRIAGES.] 121.13 A marriage shallmust be declared a nullity under the121.14 following circumstancesif: 121.15 (a)(1) a party lacked capacity to consent to the marriage 121.16 at the time the marriage was solemnized , eitherbecause of: (i) 121.17 mental incapacity or infirmity andif the other party at the 121.18 time the marriage was solemnized did not know of the incapacity; 121.19 or because of(ii) the influence of alcohol, drugs, or other 121.20 incapacitating substances; or because(iii) consent of either 121.21 washaving been obtained by force or fraud and there waswith no 121.22 subsequent voluntary cohabitation of the parties; 121.23 (b)(2) a party lacks the physical capacity to consummate 121.24 the marriage by sexual intercourse and the other party at the 121.25 time the marriage was solemnized did not know of the incapacity; 121.26 or 121.27 (c)(3) a party was under the age for marriage established 121.28 by section 517.02. 121.29 Sec. 7. Minnesota Statutes 2000, section 518.03, is 121.30 amended to read: 121.31 518.03 [ACTION TO ANNUL; DECREE.] 121.32 An annulment shallmust be commenced and, the complaint 121.33 shall befiled, and proceedings had as in proceedings for 121.34 dissolution. Upon due proof of the nullity of the marriage, 121.35 it shallmust be adjudged null and void. 121.36 The provisions of sections 518.54 to 518.66 relating to 122.1 property rights of the spouses, maintenance, support, and 122.2 custody of children on dissolution of marriage are applicable to 122.3 proceedings for annulment. 122.4 Sec. 8. Minnesota Statutes 2000, section 518.04, is 122.5 amended to read: 122.6 518.04 [INSUFFICIENT GROUNDS FOR ANNULMENT.] 122.7 No marriage shallmay be adjudged a nullity on the ground 122.8 that one of the parties was under the age of legal consent if it 122.9 appears that the parties had voluntarily cohabited together as 122.10 husband and wife after having attained suchthat age ; nor122.11 shall. The marriage of anyan insane person must not be 122.12 adjudged void after restoration of the insane person to reason, 122.13 if it appears that the parties freely cohabited together as 122.14 husband and wife after suchthe restoration to reason. 122.15 Sec. 9. Minnesota Statutes 2000, section 518.05, is 122.16 amended to read: 122.17 518.05 [ANNULMENT; WHEN TO BRING.] 122.18 An annulment may be sought by any of the following persons 122.19 and must be commenced within the times specified, but in no 122.20 event may an annulment be sought after the death of either party 122.21 to the marriage: 122.22 (a) For a reason set forth in(1) under section 518.02, 122.23 clause (a)(1), by either party or by the legal representative 122.24 of the party who lacked capacity to consent, no later than 90 122.25 days after the petitioner obtained knowledge of the described 122.26 condition; 122.27 (b) For the reason set forth in(2) under section 518.02, 122.28 clause (b)(2), by either party no later than one year after the 122.29 petitioner obtained knowledge of the described condition; 122.30 (c) For the reason set forth in(3) under section 518.02, 122.31 clause (c)(3), by the underaged party ,or the party's parent or 122.32 guardian ,before the time the underaged party reaches the age at 122.33 which the party could have married without satisfying the 122.34 omitted requirement. 122.35 Sec. 10. Minnesota Statutes 2000, section 518.055, is 122.36 amended to read: 123.1 518.055 [PUTATIVE SPOUSE.] 123.2 Any person who has cohabited with another to whom the 123.3 person is not legally married in the good faith belief that the 123.4 person was married to the other is a putative spouse until 123.5 knowledge of the fact that the person is not legally married 123.6 terminates the status and prevents acquisition of further 123.7 rights. A putative spouse acquires the rights conferred upon a 123.8 legal spouse, including the right to maintenance following 123.9 termination of the status, whether or not the marriage is 123.10 prohibited or declared a nullity. If there is a legal spouse or 123.11 other putative spouses, rights acquired by a putative spouse do 123.12 not supersede the rights of the legal spouse or those acquired 123.13 by other putative spouses, but the court shallmust apportion 123.14 property, maintenance, and support rights among the claimants as 123.15 appropriate in the circumstances and in the interests of justice. 123.16 Sec. 11. Minnesota Statutes 2000, section 518.06, is 123.17 amended to read: 123.18 518.06 [DISSOLUTION OF MARRIAGE; LEGAL SEPARATION; GROUNDS; 123.19 UNCONTESTED LEGAL SEPARATION.] 123.20 Subdivision 1. [MEANING AND EFFECT OF DECREES; GROUNDS.] A 123.21 dissolution of marriage is the termination of the marital 123.22 relationship between a husband and wife. A decree of 123.23 dissolution completely terminates the marital status of both 123.24 parties. A legal separation is a court determination of the 123.25 rights and responsibilities of a husband and wife arising out of 123.26 the marital relationship. A decree of legal separation does not 123.27 terminate the marital status of the parties. 123.28 A dissolution of a marriage shallmust be granted by a123.29 county or district court whenif the court finds that there has 123.30 been an irretrievable breakdown of the marriage relationship. A 123.31 decree oflegal separation shallmust be granted whenif the 123.32 court finds that one or both parties need a legal separation. 123.33 Defenses to divorce, dissolution and legal separation, 123.34 including, but not limited to, condonation, connivance, 123.35 collusion, recrimination, insanity, and lapse of time, are 123.36 abolished. 124.1 Subd. 3. [UNCONTESTED LEGAL SEPARATION.] If one or both 124.2 parties petition for a decree of legal separation and neither 124.3 party contests the granting of the decree nor petitions for a 124.4 decree of dissolution, the court shallmust grant a decree of 124.5 legal separation. 124.6 Sec. 12. Minnesota Statutes 2000, section 518.07, is 124.7 amended to read: 124.8 518.07 [RESIDENCE OF PARTIES.] 124.9 NoA dissolution shallmust not be granted unless (1) one 124.10 of the parties has resided in this state ,or hasbeen a member 124.11 of the armed services stationed in this state ,for not less than124.12 at least 180 days immediately preceding the commencement of the 124.13 proceeding; or (2) one of the parties has been a domiciliary of 124.14 this state for not less thanat least 180 days immediately 124.15 preceding commencement of the proceeding. 124.16 Sec. 13. Minnesota Statutes 2000, section 518.09, is 124.17 amended to read: 124.18 518.09 [PROCEEDING; HOW AND WHERE BROUGHT; VENUE.] 124.19 A proceeding for dissolution or legal separation may be 124.20 brought by either or both spouses and shall beis commenced by 124.21 personal service of the summons and petition venued in the 124.22 county where either spouse resides. If neither party resides in 124.23 the state and jurisdiction is based on the domicile of either 124.24 spouseparty, the proceeding may be brought in the county where 124.25 either party is domiciled. If neither party resides or is 124.26 domiciled in this state and jurisdiction is premised upon one of 124.27 the parties being a member of the armed services stationed in 124.28 this state for not less than 180 days immediately preceding the 124.29 commencement of the proceeding, the proceeding may be brought in 124.30 the county where the member is stationed. This venue shall be124.31 is subject to the court's power of the courtto change the place 124.32 of hearing by consent of the parties, or whenif it appears to 124.33 the court that an impartial hearing cannot be had in the county 124.34 where the proceedings are pending, or whenif the convenience of 124.35 the parties or the ends of justice would be promoted by the 124.36 change. No summons shall beif required if a joint petition is 125.1 filed. 125.2 Sec. 14. Minnesota Statutes 2000, section 518.10, is 125.3 amended to read: 125.4 518.10 [REQUISITES OF PETITION.] 125.5 TheA petition for dissolution of marriage or legal 125.6 separation shallmust state and allege: 125.7 (a)(1) the name, address, and, in circumstances in which 125.8 child support or spousal maintenance will be addressed, social 125.9 security number of the petitioner and any prior or other name 125.10 used by the petitioner; 125.11 (b)(2) the name and, if known, the address and, in 125.12 circumstances in which child support or spousal maintenance will 125.13 be addressed, social security number of the respondent and any 125.14 prior or other name used by the respondent and known to the 125.15 petitioner; 125.16 (c)(3) the place and date of the marriage of the parties; 125.17 (d)(4) in the case of a petition for dissolution, that 125.18 either the petitioner or the respondent or both: 125.19 (1)(i) has resided in this state for not less than 180 125.20 days immediately preceding the commencement of the proceeding ,125.21 or; 125.22 (2)(ii) has been a member of the armed services and has 125.23 been stationed in this state for not less than 180 days 125.24 immediately preceding the commencement of the proceeding ,; or 125.25 (3)(iii) has been a domiciliary of this state for not less 125.26 than 180 days immediately preceding the commencement of the 125.27 proceeding; 125.28 (e)(5) the name at the time of the petition and any prior 125.29 or other name, social security number, age, and date of birth of 125.30 each living minor or dependent child of the parties born before 125.31 the marriage or born or adopted during the marriage and a 125.32 reference to, and the expected date of birth of, a child of the 125.33 parties conceived during the marriage but not born; 125.34 (f)(6) whether or not a separate proceeding for 125.35 dissolution, legal separation, or custody is pending in a court 125.36 in this state or elsewhere; 126.1 (g)(7) in the case of a petition for dissolution, that 126.2 there has been an irretrievable breakdown of the marriage 126.3 relationship; 126.4 (h)(8) in the case of a petition for legal separation, 126.5 that there is a need for a decree of legal separation; 126.6 (i)(9) any temporary or permanent maintenance, child 126.7 support, child custody, disposition of property, attorneys' 126.8 fees, costs and disbursements applied for without setting forth 126.9 the amounts; and 126.10 (j)(10) whether an order for protection under chapter 518B 126.11 or a similar law of another state that governs the parties or a 126.12 party and a minor child of the parties is in effect and, if so, 126.13 the district court or similar jurisdiction in which it was 126.14 entered. 126.15 The petition shallmust be verified by the petitioner or 126.16 petitioners, and its allegations established by competent 126.17 evidence. 126.18 Sec. 15. Minnesota Statutes 2000, section 518.11, is 126.19 amended to read: 126.20 518.11 [SERVICE; ALTERNATE SERVICE; PUBLICATION.] 126.21 (a) Unless a proceeding is brought by both parties, copies 126.22 of the summons and petition shallmust be served on the 126.23 respondent personally. 126.24 (b) WhenService ismade out of this state and within the 126.25 United States , itmay be proved by the affidavit of the person 126.26 making the sameservice. WhenService ismade without126.27 outside of the United States itmay be proved by the affidavit 126.28 of the person making the sameservice, taken before and 126.29 certified by any United States minister, charge d'affaires, 126.30 commissioner, consul or commercial agent, or other consular or 126.31 diplomatic officer of the United States appointed to reside 126.32 in suchthe country, including all deputiesa deputy or other 126.33 representativesrepresentative of suchthe officer authorized to 126.34 perform theirthe officer's duties; or before an officer 126.35 authorized to administer an oath with the certificate of an 126.36 officer of a court of record of the country wherein suchin 127.1 which the affidavit is taken as to the identity and authority of 127.2 the officer taking the sameaffidavit. 127.3 (c) If personal service cannot be made, the court may order 127.4 service of the summons by alternate means. The application for 127.5 alternate service must include the last known location of the 127.6 respondent; the petitioner's most recent contacts with the 127.7 respondent; the last known location of the respondent's 127.8 employment; the names and locations of the respondent's parents, 127.9 siblings, children, and other close relatives; the names and 127.10 locations of other persons who are likely to know the 127.11 respondent's whereabouts; and a description of efforts to locate 127.12 those persons. 127.13 The court shallmust consider the length of time the 127.14 respondent's location has been unknown, the likelihood that the 127.15 respondent's location will become known, the nature of the 127.16 relief sought, and the nature of efforts made to locate the 127.17 respondent. The court shallmust order service by first class 127.18 mail, forwarding address requested, to any addresses where there 127.19 is a reasonable possibility that mail or information will be 127.20 forwarded or communicated to the respondent or, if no address so 127.21 qualifies, then to the respondent's last known address. 127.22 If the petitioner seeks disposition of real estate located 127.23 within the state ofin Minnesota, the court shallmust order 127.24 that the summons, which shallmust contain the legal description 127.25 of the real estate, be published in the county where the real 127.26 estate is located. The court may also order publication, within 127.27 or without the state, but only if it might reasonably succeed in 127.28 notifying the respondent of the proceeding. Also, the court may 127.29 require the petitioner to make efforts to locate the respondent 127.30 by telephone calls to appropriate persons. Service shall beis 127.31 deemed complete 21 days after mailing or 21 days after 127.32 court-ordered publication. 127.33 Sec. 16. Minnesota Statutes 2000, section 518.12, is 127.34 amended to read: 127.35 518.12 [TIME FOR ANSWERING.] 127.36 The respondent shall havehas 30 days in which to answer 128.1 the petition. In case of service by publication, the 30 128.2 days shalldoes not begin to run until the expiration of the 128.3 period allowed for publication. In the case of a 128.4 counterpetition for dissolution or legal separation to a 128.5 petition for dissolution or legal separation, no answer shall be128.6 is required to the counterpetition and the original 128.7 petitioner shall beis deemed to have denied each and every 128.8 statement, allegation, and claim in the counterpetition. 128.9 Sec. 17. Minnesota Statutes 2000, section 518.13, is 128.10 amended to read: 128.11 518.13 [FAILURE TO ANSWER; FINDINGS; HEARING.] 128.12 Subdivision 1. [DEFAULT.] If the respondent does not 128.13 appear after service duly made and proved, the court may hear 128.14 and determine the proceeding as a default matter. 128.15 Subd. 2. [DISPUTE OVER IRRETRIEVABLE BREAKDOWN.] If one of 128.16 the parties has denied under oath or affirmation that the 128.17 marriage is irretrievably broken, the court shallmust consider 128.18 all relevant factors, including the circumstances that gave rise 128.19 to the commencement of the proceeding and the prospect of 128.20 reconciliation, and shallmake a finding whether the marriage is 128.21 irretrievably broken. 128.22 A finding of irretrievable breakdown under this subdivision 128.23 is a determination that there is no reasonable prospect of 128.24 reconciliation. The finding must be supported by evidence that 128.25 (i) the parties have lived separate and apart for a period of 128.26 not less than 180 days immediately preceding the commencement of 128.27 the proceeding, or (ii) there is serious marital discord 128.28 adversely affecting the attitude of one or both of the parties 128.29 toward the marriage. 128.30 Subd. 3. [AGREEMENT OVER IRRETRIEVABLE BREAKDOWN.] If both 128.31 parties by petition or otherwise have stated under oath or 128.32 affirmation that the marriage is irretrievably broken ,or one of 128.33 the parties has so stated and the other has not denied it, the 128.34 court, after hearing, shallmust make a finding that the 128.35 marriage is irretrievably broken. 128.36 Subd. 4. [REFEREE; OPEN COURT.] The court or judge, upon 129.1 application, may refer the proceeding to a referee to take and 129.2 report the evidence therein. Hearings for dissolution of 129.3 marriage shallmust be heard in open court or before a referee 129.4 appointed by the court to receive the testimony of the 129.5 witnesses ,or depositions taken as in other equitable actions. 129.6 However, the court may in its discretion close the hearing. 129.7 Subd. 5. [APPROVAL WITHOUT HEARING.] Proposed findings of 129.8 fact, conclusions of law, order for judgment, and judgment and 129.9 decree must be submitted to the court for approval and filing 129.10 without a final hearing in the following situations: 129.11 (1) if there are no minor children of the marriage, and (i) 129.12 the parties have entered into a written stipulation, or (ii) the 129.13 respondent has not appeared after service duly made and proved 129.14 by affidavit and at least 20 days have elapsed since the time 129.15 for answering under section 518.12 expired; or 129.16 (2) if there are minor children of the marriage, the 129.17 parties have signed and acknowledged a stipulation, and all 129.18 parties are represented by counsel. 129.19 Notwithstanding clause (1) or (2), the court shallmust 129.20 schedule the matter for hearing in any case whereif the 129.21 proposed judgment and decree does not appear to be in the best 129.22 interests of the minor children or is contrary to the interests 129.23 of justice. 129.24 Sec. 18. Minnesota Statutes 2000, section 518.131, is 129.25 amended to read: 129.26 518.131 [TEMPORARY ORDERS AND RESTRAINING ORDERS.] 129.27 Subdivision 1. [PERMISSIBLE ORDERS.] In a proceeding 129.28 brought for custody, dissolution, or legal separation, or for 129.29 disposition of property ,or maintenance , or child support129.30 following the dissolution of a marriage, either party may, by 129.31 motion, request from the court and the court may grant a 129.32 temporary order pending the final disposition of the proceeding 129.33 to or for: 129.34 (a)(1) temporary custody and parenting time regarding the 129.35 minor children of the parties; 129.36 (b)(2) temporary maintenance of either spouse; 130.1 (c) temporary child support for the children of the130.2 parties;130.3 (d)(3) temporary costs and reasonable attorney fees; 130.4 (e)(4) award the temporary use and possession, exclusive 130.5 or otherwise, of the family home, furniture, household goods, 130.6 automobiles, and other property of the parties; 130.7 (f)(5) restrain one or both parties from transferring, 130.8 encumbering, concealing, or disposing of property except in the 130.9 usual course of business or for the necessities of life, and to 130.10 account to the court for all such transfers, encumbrances, 130.11 dispositions, and expenditures made after the order is served or 130.12 communicated to the party restrained in open court; 130.13 (g)(6) restrain one or both parties from harassing, 130.14 vilifying, mistreating, molesting, disturbing the peace, or 130.15 restraining the liberty of the other party or the children of 130.16 the parties; 130.17 (h)(7) restrain one or both parties from removing any 130.18 minor child of the parties from the jurisdiction of the court; 130.19 (i)(8) exclude a party from the family home of the parties 130.20 or from the home of the other party; and 130.21 (j)(9) require one or both of the parties to perform or to 130.22 not perform suchadditional acts asthat will facilitate the 130.23 just and speedy disposition of the proceeding ,or willprotect 130.24 the parties or their children from physical or emotional harm. 130.25 Subd. 2. [IMPERMISSIBLE ORDERS.] NoA temporary order 130.26 shallmust not: 130.27 (a)(1) deny parenting time to a noncustodialparent unless 130.28 the court finds that parenting time by the noncustodialparent 130.29 is likely to cause physical or emotional harm to the child; 130.30 (b)(2) exclude a party from the family home of the parties 130.31 unless the court finds that physical or emotional harm to one of 130.32 the parties or to the children of the parties is likely to 130.33 result ,or that the exclusion is reasonable in the 130.34 circumstances; or 130.35 (c)(3) vacate or modify an order granted under section 130.36 518B.01, subdivision 6, paragraph (a), clause (1), restraining 131.1 an abusing party from committing acts of domestic abuse, except 131.2 that the court may hear a motion for modification of an order 131.3 for protection concurrently with a proceeding for dissolution of 131.4 marriage upon notice of motion and motion. The notice required 131.5 by court rule shallmust not be waived. If the proceedings are 131.6 consolidated and the motion to modify is granted, a separate 131.7 order for modification of an order for protection shallmust be 131.8 issued. 131.9 Subd. 3. [EX PARTE RESTRAINING ORDER; LIMITATIONS.] A 131.10 party may request and the court may make an ex parte restraining 131.11 order which may includethat includes any matter that may be 131.12 included in a temporary order except it may not: 131.13 (a) A restraining order may not(1) exclude either party 131.14 from the family home of the parties except upon a finding by the 131.15 court of immediate danger of physical harm to the other party or 131.16 the children of either party; andor 131.17 (b) A restraining order may not(2) deny parenting time to 131.18 either party or grant custody of the minor children to either 131.19 party except upon a finding by the court of immediate danger of 131.20 physical harm to the minor children of the parties. 131.21 Subd. 4. [HEARING ON RESTRAINING ORDER; DURATION.] A 131.22 restraining orders shallorder must be personally served upon 131.23 the party to be restrained and shall be accompaniedalong with a 131.24 notice of the time and place of hearing for disposition of the 131.25 matters contained in the restraining order at a hearing for a 131.26 temporary order. WhenIf a restraining order has been issued, a 131.27 hearing on the temporary order shallmust be held at the 131.28 earliest practicable date. The restrained party may upon 131.29 written notice to the other party advance the hearing date to a 131.30 time earlier than that noticed by the other party. The 131.31 restraining order shall continuecontinues in full force and 131.32 effect only until the hearing time noticed, unless the court, 131.33 for good cause and upon notice, extends the time for hearing. 131.34 Subd. 5. [DURATION OF TEMPORARY ORDER.] A temporary order 131.35 shall continuecontinues in full force and effect until the 131.36 earlier of its amendment or vacation, dismissal of the main 132.1 action, or entry of a final decree of dissolution or legal 132.2 separation. 132.3 Subd. 6. [EFFECT OF DISMISSAL OF MAIN ACTION.] If a 132.4 proceeding for dissolution or legal separation is dismissed, a 132.5 temporary custody order is vacated unless one of the parties or 132.6 the child's custodian moves that the proceeding continue as a 132.7 custody proceeding and the court finds, after a hearing, that 132.8 the circumstances of the parties and the best interests of the 132.9 child require that a custody order be issued. 132.10 Subd. 7. [GUIDING FACTORS.] The court shallmust be guided 132.11 by the factors set forth in sections 518.551 (concerning child132.12 support),518.552 (concerning maintenance), 518.17 to 518.175 132.13 (concerning custody and parenting time), and 518.14 (concerning 132.14 costs and attorney fees) in making temporary orders and 132.15 restraining orders. 132.16 Subd. 8. [BASIS FOR ORDER.] Temporary orders shallmust be 132.17 made solely on the basis of affidavits and argument of counsel 132.18 except upon demand by either party in a motion or responsive 132.19 motion made within the time limit for making and filing a 132.20 responsive motion that the matter be heard on oral testimony 132.21 before the court, or if the court in its discretion orders the 132.22 taking of oral testimony. 132.23 Subd. 9. [PREJUDICIAL EFFECT, REVOCATION; MODIFICATION.] A 132.24 temporary order or restraining order: 132.25 (a) Shall(1) must not prejudice the rights of the parties 132.26 or the child which are to be adjudicated at subsequent hearings 132.27 in the proceeding; and 132.28 (b)(2) may be revoked or modified by the court before the 132.29 final disposition of the proceeding upon the same grounds and 132.30 subject to the same requirements as the initial granting of the 132.31 order. 132.32 Subd. 10. [MISDEMEANOR.] In addition to being punishable 132.33 by contempt, a violation of a provision of a temporary order or 132.34 restraining order granting the relief authorized in subdivision 132.35 1, clauses (f), (g)clause (6), (7), or (h)(8) is a 132.36 misdemeanor. 133.1 Subd. 11. [TEMPORARY SUPPORT ANDMAINTENANCE.] Temporary 133.2 support andmaintenance may be ordered during the time a 133.3 parenting plan is being developed under section 518.1705. 133.4 Sec. 19. Minnesota Statutes 2000, section 518.14, 133.5 subdivision 1, is amended to read: 133.6 Subdivision 1. [GENERAL.] (a) Except as provided in 133.7 subdivision 2, in a proceeding under this chapter or chapter 133.8 517B or 517C, the court shallmust award attorney fees, costs, 133.9 and disbursements in an amount necessary to enable a party to 133.10 carry on or contest the proceeding, providedif it finds that: 133.11 (1) thatthe fees are necessary for the good-faith 133.12 assertion of the party's rights in the proceeding and will not 133.13 contribute unnecessarily to the length and expense of the 133.14 proceeding; 133.15 (2) thatthe party from whom fees, costs, and disbursements 133.16 are sought has the means to pay them; and 133.17 (3) thatthe party to whom fees, costs, and disbursements 133.18 are awarded does not have the means to pay them. 133.19 (b) Nothing in this section precludes the court from 133.20 awarding, in its discretion, additional fees, costs, and 133.21 disbursements against a party who unreasonably contributes to 133.22 the length or expense of the proceeding. Fees, costs, and 133.23 disbursements provided for in this section may be awarded at any 133.24 point in the proceeding, including a modification proceeding 133.25 under sections 518.18 and 518.64. The court may adjudge costs 133.26 and disbursements against either party. The court may authorize 133.27 the collection of money awarded by execution, orout of property 133.28 sequestered, or in any other manner within the power of the 133.29 court. An award of attorney's fees made by the court during the 133.30 pendency of the proceeding or in the final judgment survives the 133.31 proceeding and if not paid by the party directed to pay the same133.32 them may be enforced as above providedin the manner provided in 133.33 this paragraph or by a separate civil action brought in the 133.34 attorney's own name. If the proceeding is dismissed or 133.35 abandoned prior to determination and award of attorney's fees, 133.36 the court may nevertheless award attorney's fees upon the 134.1 attorney's motion. The award shall also survivesurvives the 134.2 proceeding and may be enforced in the samemanner as last above134.3 provided in this paragraph. 134.4 Sec. 20. Minnesota Statutes 2000, section 518.148, is 134.5 amended to read: 134.6 518.148 [CERTIFICATION OF DISSOLUTION.] 134.7 Subdivision 1. [CERTIFICATE OF DISSOLUTION.] An attorney 134.8 or pro se party may prepare and submit to the court a separate 134.9 certificate of dissolution to be attached to the judgment and 134.10 decree at the time of granting the dissolution of marriage. 134.11 Upon approval by the court and filing of the certificate of 134.12 dissolution with the court administrator, the court 134.13 administrator shallmust provide to any party upon request 134.14 certified copies of the certificate of dissolution. 134.15 Subd. 2. [REQUIRED INFORMATION.] The certificate shall134.16 must include the following information: 134.17 (1) the full caption and file number of the case and the 134.18 title "Certificate of Dissolution"; 134.19 (2) the names and any prior or other names of the parties 134.20 to the dissolution; 134.21 (3) the names of any living minor or dependent children as 134.22 identified in the judgment and decree; 134.23 (4) that the marriage of the parties is dissolved; 134.24 (5) the date of the judgment and decree; and 134.25 (6) the social security number of the parties to the 134.26 dissolution and the social security number of any living minor 134.27 or dependent children identified in the judgment and decree. 134.28 Subd. 3. [CERTIFICATION.] The certificate of 134.29 dissolution shall beis conclusive evidence of the facts recited 134.30 in the certificate. 134.31 Sec. 21. Minnesota Statutes 2000, section 518.24, is 134.32 amended to read: 134.33 518.24 [SECURITY; SEQUESTRATION; CONTEMPT.] 134.34 In all cases whenIf maintenance or supportpayments are 134.35 ordered, the court may require sufficient security to be given 134.36 for the payment of them according to the terms of the order. 135.1 Upon neglect or refusal to give security ,or uponfailure to pay 135.2 the maintenance or support, the court may sequester the 135.3 obligor's personal estate and the rents and profits of real 135.4 estate of the obligor ,and appoint a receiver of them. The 135.5 court may cause the personal estate and the rents and profits of 135.6 the real estate to be applied according to the terms of the 135.7 order. The obligor is presumed to have an income from a source 135.8 sufficient to pay the maintenance or supportorder. A child135.9 support ormaintenance order constitutes prima facie evidence 135.10 that the obligor has the ability to pay the award. If the 135.11 obligor disobeys the order, it is prima facie evidence of 135.12 contempt. The court may cite the obligor for contempt under 135.13 this section, section 518.617, or chapter 588. 135.14 Sec. 22. Minnesota Statutes 2000, section 518.25, is 135.15 amended to read: 135.16 518.25 [REMARRIAGE; REVOCATION.] 135.17 When a dissolution has been granted, and the parties135.18 afterward intermarryIf two people remarry each other after 135.19 dissolution of their prior marriage, the court, upon their joint 135.20 application ,and uponsatisfactory proof of suchthe marriage, 135.21 may revoke all decrees and orders of dissolution, maintenance, 135.22 and subsistence which willthat do not affect the rights of 135.23 third persons. 135.24 Sec. 23. Minnesota Statutes 2000, section 518.54, 135.25 subdivision 1, is amended to read: 135.26 Subdivision 1. [ TERMSSCOPE.] For the purposes of sections135.27 518.54 to 518.66, the terms definedThe definitions in this 135.28 section shall have the meanings respectively ascribed to135.29 themapply to sections 517A.30 to 517A.46. 135.30 Sec. 24. Minnesota Statutes 2000, section 518.54, 135.31 subdivision 5, is amended to read: 135.32 Subd. 5. [MARITAL PROPERTY; EXCEPTIONS.] "Marital 135.33 property" means property,real or personal property, including 135.34 vested public or private pension plan benefits or rights, 135.35 acquired by one or both of the parties , or either of them,to a 135.36 dissolution, legal separation, or annulment proceeding at any 136.1 time during the existence of the marriage relation between them, 136.2 or at any time during which the parties were living together as 136.3 husband and wife under a purported marriage relationship which 136.4 is annulled in an annulment proceeding, but prior to the date of 136.5 valuation under section 518.58, subdivision 1. All property 136.6 acquired by either spouse subsequent to the marriage and before 136.7 the valuation date is presumed to be marital property regardless 136.8 of whether title is held individually or by the spouses in a 136.9 form of coownership such as joint tenancy, tenancy in common, 136.10 tenancy by the entirety, or community property. Each 136.11 spouse shall beis deemed to have a common ownership in marital 136.12 property that vests not later than the time of the entry of the 136.13 decree in a proceeding for dissolution or annulment. The extent 136.14 of the vested interest shallmust be determined and made final 136.15 by the court pursuant to section 518.58. If a title interest in 136.16 real property is held individually by only one spouse, the 136.17 interest in the real property of the nontitled spouse is not 136.18 subject to claims of creditors or judgment or tax liens until 136.19 the time of entry of the decree awarding an interest to the 136.20 nontitled spouse. The presumption of marital property is 136.21 overcome by a showing that the property is nonmarital property. 136.22 "Nonmarital property" means property real or personal, 136.23 acquired by either spouse before, during, or after the existence 136.24 of their marriage, which: 136.25 (a)(1) is acquired as a gift, bequest, devise, or 136.26 inheritance made by a third party to one but not to the other 136.27 spouse; 136.28 (b)(2) is acquired before the marriage; 136.29 (c)(3) is acquired in exchange for or is the increase in 136.30 value of property which is described in clauses (a), (b), (d),136.31 and (e)clause (1), (2), (4), or (5); 136.32 (d)(4) is acquired by a spouse after the valuation date; 136.33 or 136.34 (e)(5) is excluded by a valid antenuptial contract. 136.35 Sec. 25. Minnesota Statutes 2000, section 518.54, 136.36 subdivision 6, is amended to read: 137.1 Subd. 6. [INCOME.] "Income" means any form of periodic 137.2 payment to an individual including, but not limited to, wages, 137.3 salaries, payments to an independent contractor, workers' 137.4 compensation, unemployment benefits, and annuity, military and137.5 or naval retirement, pension andor disability payments. 137.6 "Income" does not include benefits received under Title IV-A of 137.7 the Social Security Act andor chapter 256J are not income under137.8 this section. 137.9 Sec. 26. Minnesota Statutes 2000, section 518.54, 137.10 subdivision 7, is amended to read: 137.11 Subd. 7. [OBLIGEE.] "Obligee" means a person to whom 137.12 payments for maintenance or supportare owed. 137.13 Sec. 27. Minnesota Statutes 2000, section 518.54, 137.14 subdivision 8, is amended to read: 137.15 Subd. 8. [OBLIGOR.] "Obligor" means a person obligated to 137.16 pay maintenance or support. A person who is designated as the137.17 sole physical custodian of a child is presumed not to be an137.18 obligor for purposes of calculating current support under137.19 section 518.551 unless the court makes specific written findings137.20 to overcome this presumption.137.21 Sec. 28. Minnesota Statutes 2000, section 518.55, is 137.22 amended to read: 137.23 518.55 [MAINTENANCE OR SUPPORT MONEY.] 137.24 Subdivision 1. [CONTENTS OF ORDER.] Every award of 137.25 maintenance or support money in a judgment of dissolution or 137.26 legal separation shallmust clearly designate whether the137.27 sameit is maintenance or support money, or what part of the 137.28 award is maintenance and what part is support money. An award 137.29 of payments from future income or earnings of the custodial137.30 parent with whom the child resides is presumed to be maintenance 137.31 and an award of payments from the future income or earnings of 137.32 the noncustodialother parent is presumed to be support money, 137.33 unless otherwise designated by the court. In a judgment of 137.34 dissolution or legal separation the court may determine, as one 137.35 of the issues of the case, whether or not either spouse is 137.36 entitled to an award of maintenance notwithstanding that no 138.1 award is then made, or it may reserve jurisdiction of the issue 138.2 of maintenance for determination at a later date. 138.3 Subd. 3. [NOTICE OF ADDRESS OR RESIDENCE CHANGE.] Every 138.4 obligor shallmust notify the obligee and the public authority 138.5 responsible for collection, if applicable, of a change of 138.6 address or residence within 60 days of the address or residence 138.7 change. Every order for support ormaintenance must contain a 138.8 conspicuous notice complying with section 518.68, subdivision 138.9 2. The court may waive or modify the requirements of this 138.10 subdivision by order if necessary to protect the obligor from 138.11 contact by the obligee. 138.12 Subd. 4. [DETERMINATION OF CONTROLLING ORDER.] The public 138.13 authority or a party may request the district court to determine 138.14 a controlling order in situations in which more than one order 138.15 involving the same obligor and child exists. 138.16 Sec. 29. Minnesota Statutes 2000, section 518.552, is 138.17 amended to read: 138.18 518.552 [MAINTENANCE.] 138.19 Subdivision 1. [JURISDICTION; GROUNDS.] In a proceeding 138.20 for dissolution of marriage or legal separation, or in a 138.21 proceeding for maintenance following dissolution of the marriage 138.22 by a court which lacked personal jurisdiction over the absent 138.23 spouse and which has since acquired jurisdiction, the court may 138.24 grant a maintenance order for either spouse if it finds that the 138.25 spouse seeking maintenance: 138.26 (a)(1) lacks sufficient property, including marital 138.27 property apportioned to the spouse, to provide for reasonable 138.28 needs of the spouse considering the standard of living 138.29 established during the marriage, especially, but not limited to, 138.30 a period of training or education ,; or 138.31 (b)(2) is unable to provide adequate self-support, after 138.32 considering the standard of living established during the 138.33 marriage and all relevant circumstances, through appropriate 138.34 employment ,or is the custodian ofif a child whoseresides 138.35 with the spouse and the child's condition or circumstances make 138.36 it appropriate that the custodianspouse not be required to seek 139.1 employment outside the home. 139.2 Subd. 2. [AMOUNT; DURATION.] The maintenance order shall139.3 must be in amounts and for periods of time, either temporary or 139.4 permanent, asthat the court deems just, without regard to 139.5 marital misconduct ,and after considering all relevant factors 139.6 including: 139.7 (a)(1) the financial resources of the party seeking 139.8 maintenance, including marital property apportioned to the 139.9 party, and the party's ability to meet needs independently, 139.10 including the extent to which a provision for support of a child 139.11 living with the party includes a sum for that party as custodian139.12 caretaker; 139.13 (b)(2) the time necessary to acquire sufficient education 139.14 or training to enable the party seeking maintenance to find 139.15 appropriate employment, and the probability, given the party's 139.16 age and skills, of completing education or training and becoming 139.17 fully or partially self-supporting; 139.18 (c)(3) the standard of living established during the 139.19 marriage; 139.20 (d)(4) the duration of the marriage and, in the case of a 139.21 homemaker, the length of absence from employment and the extent 139.22 to which any education, skills, or experience have become 139.23 outmoded and earning capacity has become permanently diminished; 139.24 (e)(5) the loss of earnings, seniority, retirement 139.25 benefits, and other employment opportunities forgone by the 139.26 spouse seeking spousalmaintenance; 139.27 (f)(6) the age ,and the physical and emotional condition 139.28 of the spouse seeking maintenance; 139.29 (g)(7) the ability of the spouse from whom maintenance is 139.30 sought to meet needs while meeting those of the spouse seeking 139.31 maintenance; and 139.32 (h)(8) the contribution of each party in the acquisition, 139.33 preservation, depreciation, or appreciation in the amount or 139.34 value of the marital property, as well as the contribution of a 139.35 spouse as a homemaker or in furtherance of the other party's 139.36 employment or business. 140.1 Subd. 3. [PERMANENCY OF AWARD.] Nothing inThis section 140.2 shallmust not be construed to favor a temporary award of 140.3 maintenance over a permanent award , whereif the factors under 140.4 subdivision 2 justify a permanent award. 140.5 WhereIf there is some uncertainty as to the necessity of a 140.6 permanent award, the court shallmust order a permanent award 140.7 leaving its order open for later modification. 140.8 Subd. 4. [REOPENING MAINTENANCE AWARDS.] Section 518.145, 140.9 subdivision 2, applies to maintenance awards of spousal140.10 maintenance. 140.11 Subd. 5. [PRIVATE AGREEMENTS.] The parties may expressly 140.12 preclude or limit modification of maintenance through a 140.13 stipulation ,if the court makes specific findings that the 140.14 stipulation is fair and, equitable, isand supported by 140.15 consideration described in the findings ,and that full 140.16 disclosure of each party's financial circumstances has 140.17 occurred. The stipulation must be made a part of the judgment 140.18 and decree. 140.19 Sec. 30. Minnesota Statutes 2000, section 518.58, is 140.20 amended to read: 140.21 518.58 [DIVISION OF MARITAL PROPERTY.] 140.22 Subdivision 1. [GENERAL.] Upon a dissolution of a 140.23 marriage, an annulment, or in a proceeding for disposition of 140.24 property following a dissolution of marriage by a court which 140.25 lacked personal jurisdiction over the absent spouse or lacked 140.26 jurisdiction to dispose of the property and which has since 140.27 acquired jurisdiction, the court shallmust make a just and 140.28 equitable division of the marital property of the parties 140.29 without regard to marital misconduct, after making findings 140.30 regarding the division of the property. The court shallmust 140.31 base its findings on all relevant factors including the length 140.32 of the marriage, any prior marriage of a party, the age, health, 140.33 station, occupation, amount and sources of income, vocational 140.34 skills, employability, estate, liabilities, needs, opportunity 140.35 for future acquisition of capital assets, and income of each 140.36 party. The court shallmust also consider the contribution of 141.1 each in the acquisition, preservation, depreciation, or 141.2 appreciation in the amount or value of the marital property, as 141.3 well as the contribution of a spouse as a homemaker. It shall141.4 beis conclusively presumed that each spouse made a substantial 141.5 contribution to the acquisition of income and property while 141.6 they were living together as husband and wife. The court may 141.7 also award to either spouse the household goods and furniture of 141.8 the parties, whether or not acquired during the marriage. The 141.9 court shallmust value marital assets for purposes of division 141.10 between the parties as of the day of the initially scheduled 141.11 prehearing settlement conference, unless a different date is 141.12 agreed upon by the parties ,or unlessthe court makes specific 141.13 findings that another date of valuation is fair and equitable. 141.14 If there is a substantial change in value of an asset between 141.15 the date of valuation and the final distribution, the court may 141.16 adjust the valuation of that asset as necessary to effect an 141.17 equitable distribution. 141.18 Subd. 1a. [TRANSFER, ENCUMBRANCE, CONCEALMENT, OR 141.19 DISPOSITION OF MARITAL ASSETS.] In contemplation of commencing 141.20 or during the pendency of a marriage dissolution, separation, or 141.21 annulment proceeding, or in contemplation of commencing a141.22 marriage dissolution, separation, or annulment proceeding,each 141.23 party owes a fiduciary duty to the other for any profit or loss 141.24 derived by the party, without the consent of the other, from a 141.25 transaction or from any use by the party of the marital assets. 141.26 If the court finds that a party to a marriage, without consent 141.27 of the other party, has in contemplation of commencing ,or 141.28 during the pendency of ,the current dissolution, separation, or 141.29 annulment proceeding, transferred, encumbered, concealed, or 141.30 disposed of marital assets except in the usual course of 141.31 business or for the necessities of life, the court shallmust 141.32 compensate the other party by placing both parties in the same 141.33 position that they would have been in had the transfer, 141.34 encumbrance, concealment, or disposal not occurred. The burden 141.35 of proof under this subdivision is on the party claiming that 141.36 the other party transferred, encumbered, concealed, or disposed 142.1 of marital assets in contemplation of commencing or during the 142.2 pendency of the current dissolution, separation, or annulment 142.3 proceeding ,without consent of the claiming party, and that the 142.4 transfer, encumbrance, concealment, or disposal was not in the 142.5 usual course of business or for the necessities of life. In 142.6 compensating a party under this section, the court, in dividing 142.7 the marital property, may impute the entire value of an asset 142.8 and a fair return on the asset to the party who transferred, 142.9 encumbered, concealed, or disposed of it. Use of a power of 142.10 attorney ,or the absence of a restraining order against the 142.11 transfer, encumbrance, concealment, or disposal of marital 142.12 property is not available as a defense under this subdivision. 142.13 Subd. 2. [AWARD OF NONMARITAL PROPERTY.] If the court 142.14 finds that either spouse's resources or property, including the 142.15 spouse's portion of the marital property as defined in section 142.16 518.54, subdivision 5, are so inadequate as to work an unfair 142.17 hardship, considering all relevant circumstances, the court may, 142.18 in addition to the marital property, apportion up to one-half of 142.19 the property otherwise excluded under section 518.54, 142.20 subdivision 5, clauses (a) to (d), to prevent the unfair 142.21 hardship. If the court apportions property other than marital 142.22 property, it shallmust make findings in support of the 142.23 apportionment. The findings shallmust be based on all relevant 142.24 factors including the length of the marriage, any prior marriage 142.25 of a party, the age, health, station, occupation, amount and 142.26 sources of income, vocational skills, employability, estate, 142.27 liabilities, needs, and opportunity for future acquisition of 142.28 capital assets and income of each party. 142.29 Subd. 3. [SALE OR DISTRIBUTION WHILE PROCEEDING PENDING.] 142.30 (a) If the court finds that it is necessary to preserve the 142.31 marital assets of the parties, the court may order the sale of 142.32 the homestead of the parties or the sale of other marital 142.33 assets, as the individual circumstances may require, during the 142.34 pendency of a proceeding for a dissolution of marriage or an 142.35 annulment. If the court orders a sale, it may further provide 142.36 for the disposition of the funds received from the sale during 143.1 the pendency of the proceeding. If liquid or readily liquidated 143.2 marital property other than property representing vested pension 143.3 benefits or rights is available, the court, so far as possible, 143.4 shallmust divide the property representing vested pension 143.5 benefits or rights by the disposition of an equivalent amount of 143.6 the liquid or readily liquidated property. 143.7 (b) The court may order a partial distribution of marital 143.8 assets during the pendency of a proceeding for a dissolution of 143.9 marriage or an annulment for good cause shown or upon the 143.10 request of both parties , provided thatas long as the court 143.11 shallfully protectprotects the interests of the other party. 143.12 Subd. 4. [PENSION PLANS.] (a) The division of marital 143.13 property that represents pension plan benefits or rights in the 143.14 form of future pension plan payments: 143.15 (1) is payable only to the extent of the amount of the 143.16 pension plan benefit payable under the terms of the plan; 143.17 (2) is not payable for a period that exceeds the time that 143.18 pension plan benefits are payable to the pension plan benefit 143.19 recipient; 143.20 (3) is not payable in a lump sum amount from pension plan 143.21 assets attributable in any fashion to a spouse with the status 143.22 of an active member, deferred retiree, or benefit recipient of a 143.23 pension plan; 143.24 (4) if the former spouse to whom the payments are to be 143.25 made dies prior to the end of the specified payment period with 143.26 the right to any remaining payments accruing to an estate or to 143.27 more than one survivor, is payable only to a trustee on behalf 143.28 of the estate or the group of survivors for subsequent 143.29 apportionment by the trustee; and 143.30 (5) in the case of public pension plan benefits or rights, 143.31 may not commence until the public plan member submits a valid 143.32 application for a public pension plan benefit and the benefit 143.33 becomes payable. 143.34 (b) TheAn individual retirement account plansplan 143.35 established under chapter 354B may provide in its plan document, 143.36 if published and made generally available, for an alternative 144.1 marital property division or distribution of individual 144.2 retirement account plan assets. If an alternative division or 144.3 distribution procedure is provided, it applies in place of 144.4 paragraph (a), clause (5). 144.5 Sec. 31. Minnesota Statutes 2000, section 518.581, is 144.6 amended to read: 144.7 518.581 [SURVIVING SPOUSE BENEFIT.] 144.8 Subdivision 1. [AWARD OF BENEFIT.] If a current or former 144.9 employee's marriage is dissolved, the court may order the 144.10 employee, the employee's pension plan, or both, to pay amounts 144.11 as part of the division of pension rights that the court may 144.12 make under section 518.58, or as an award of maintenance in the 144.13 form of a percentage of periodic or other payments or in the 144.14 form of a fixed dollar amount. The court may, as part of the 144.15 order, award a former spouse all or part of a survivor benefit 144.16 unless the plan does not allow by law the payment of a surviving 144.17 spouse benefit to a former spouse. 144.18 Subd. 2. [PAYMENT OF FUNDS BY RETIREMENT PLAN.] (a) If the 144.19 court has ordered that a spouse has an interest in a pension 144.20 plan, the court may order the pension plan to withhold payment 144.21 of a refund upon termination of employment or lump sum 144.22 distribution to the extent of the spouse's interest in the plan ,144.23 or to provide survivor benefits ordered by the court. 144.24 (b) The court may not order the pension plan to: 144.25 (1) pay more than the equivalent of one surviving spouse 144.26 benefit, regardless of the number of spouses or former spouses 144.27 who may be sharing in a portion of the total benefit; 144.28 (2) pay surviving spouse benefits under circumstances where 144.29 the plan member does not have a right to elect surviving spouse 144.30 benefits; 144.31 (3) pay surviving spouse benefits to a former spouse if the 144.32 former spouse would not be eligible for benefits under the terms 144.33 of the plan; or 144.34 (4) order survivor benefits which, when combined with the 144.35 annuity or benefit payable to the pension plan member, exceed 144.36 the actuarial equivalent value of the normal retirement annuity 145.1 form, determined under the plan documents of the pension plan 145.2 then in effect and the actuarial assumptions then in effect for 145.3 calculating optional annuity forms by the pension plan or for 145.4 calculating the funding requirements of the pension plan if no 145.5 optional annuity forms are provided by the pension plan. 145.6 (c) If more than one spouse or former spouse is entitled to 145.7 a surviving spouse benefit, the pension plan shallmust pay each 145.8 spouse a portion of the benefit based on the ratio of the number 145.9 of years the spouse was married to the plan member to the total 145.10 number of years the plan member was married to spouses who are 145.11 entitled to the benefit. 145.12 Subd. 3. [NOTICE TO FORMER SPOUSE.] A pension plan 145.13 shallmust notify a former spouse of an application by the 145.14 employee for a refund of pension benefits if the former spouse 145.15 has filed with the pension plan: 145.16 (1) a copy of the court order, including a withholding 145.17 order, determining the former spouse's rights; 145.18 (2) the name and last known address of the employee; and 145.19 (3) the name and address of the former spouse. 145.20 A pension plan shallmust comply with an order, including a 145.21 withholding order, issued by a court having jurisdiction over 145.22 dissolution of marriage that is served on the pension plan, if 145.23 the order states the name, last known address of the payees, and 145.24 name and address of the former spouse ,or if the names and 145.25 addresses are provided to the pension plan with service of the 145.26 order. 145.27 Subd. 4. [DEFINITIONS.] For purposes ofThe definitions in 145.28 this subdivision apply to this section , the following terms have145.29 the meanings given in this subdivision. 145.30 (a) "Current or former employee" or "employee" means an 145.31 individual who has an interest in a pension plan. 145.32 (b) "Surviving spouse benefit" means (1) a benefit a 145.33 surviving spouse may be eligible for under the laws and bylaws 145.34 of the pension plan if the employee dies before retirement, or 145.35 (2) a benefit selected for or available to a surviving spouse 145.36 under the laws and bylaws of the pension plan upon the death of 146.1 the employee after retirement. 146.2 Sec. 32. Minnesota Statutes 2000, section 518.582, is 146.3 amended to read: 146.4 518.582 [PROCEDURE FOR VALUING PENSION BENEFITS OR RIGHTS.] 146.5 Subdivision 1. [APPOINTMENT OF ACTUARY.] EachA court of 146.6 this state that haswith jurisdiction to decide marriage 146.7 dissolution matters may appoint a qualified person experienced 146.8 in the valuation of pension benefits and rights to function as 146.9 an expert witness in valuing pension benefits or rights. 146.10 Subd. 2. [STANDARDS.] A court appointed actuary shallmust 146.11 determine the present value of pension benefits or rights that 146.12 are marital property of the parties to the action based on the 146.13 applicable plan documents of the pension plan and the applicable 146.14 actuarial assumptions specified for use in calculating optional 146.15 annuity forms by the pension plan or for funding the pension 146.16 plan, if reasonable, or as specified by the court. The court 146.17 appointed actuary shallmust report to the court and to the 146.18 parties the present value of the pension benefits or rights that 146.19 are marital property. 146.20 Subd. 3. [COMPENSATION.] The court appointed actuary may 146.21 be compensated at a rate established by the court. The 146.22 compensation of the court appointed actuary shallmust be 146.23 allocated between the parties as the court directs. 146.24 Subd. 4. [STIPULATION.] In lieu of valuing pension 146.25 benefits or rights through use of the court appointed actuary, 146.26 the parties may stipulate the present value of pension benefits 146.27 or rights that are marital property. 146.28 Sec. 33. Minnesota Statutes 2000, section 518.62, is 146.29 amended to read: 146.30 518.62 [TEMPORARY MAINTENANCE.] 146.31 Temporary maintenance and temporary supportmay be awarded 146.32 as provided in section 518.131. The court may also award to 146.33 either party to the proceeding, having due regard to all the 146.34 circumstances and the party awarded the custody of the children, 146.35 the right to the exclusive use of the household goods and 146.36 furniture of the parties pending the proceeding and the right to 147.1 the use of the homestead of the parties, exclusive or otherwise, 147.2 pending the proceeding. The court may order either party to 147.3 remove from the homestead of the parties upon proper application 147.4 to the court for an order pending the proceeding. 147.5 Sec. 34. Minnesota Statutes 2000, section 518.64, 147.6 subdivision 1, is amended to read: 147.7 Subdivision 1. [AUTHORITY.] After an order for temporary 147.8 or permanent maintenance or support money, temporary or147.9 permanent,or for the appointment of trustees to receive 147.10 property awarded as maintenance or support money, the court may 147.11 from time to time, on motion of either of the parties, a copy of 147.12 which is served on the public authority responsible for child147.13 support enforcement if payments are made through it, or on 147.14 motion of the public authority responsible for support 147.15 enforcement, modify the order respecting the amount of 147.16 maintenance or support money, and theits payment of it, and147.17 also respecting theor appropriation and payment of the 147.18 principal and income of property held in trust, and may make an 147.19 order respecting these matters which it might have made in the 147.20 original proceeding, except as herein otherwise providedsubject 147.21 to subdivisions 2 to 5. A party or the public authority also 147.22 may bring a motion for contempt of court if the obligor is in 147.23 arrears in support ormaintenance payments. 147.24 Sec. 35. Minnesota Statutes 2000, section 518.64, 147.25 subdivision 2, is amended to read: 147.26 Subd. 2. [MODIFICATION.] (a) The terms of an order 147.27 respecting maintenance or supportmay be modified upon a showing 147.28 of one or more of the following: (1) substantially increased or 147.29 decreased earnings of a party; (2) substantially increased or 147.30 decreased need of a party or the child or children that are the147.31 subject of these proceedings; (3) receipt of assistance under 147.32 the AFDC program formerly codified under sections 256.72 to 147.33 256.87 or 256B.01 to 256B.40, or chapter 256J or 256K; (4) a 147.34 change in the cost of living for either party as measured by the 147.35 federal bureau of statistics, any of which makes the terms 147.36 unreasonable and unfair; (5) extraordinary medical expenses of 148.1 the child not provided for under section 518.171; or (6) the 148.2 addition of work-related or education-related child care 148.3 expenses of the obligee or a substantial increase or decrease in 148.4 existing work-related or education-related child care expenses. 148.5 On a motion to modify support, the needs of any child the148.6 obligor has after the entry of the support order that is the148.7 subject of a modification motion shall be considered as provided148.8 by section 518.551, subdivision 5f.148.9 (b) It is presumed that there has been a substantial change148.10 in circumstances under paragraph (a) and the terms of a current148.11 support order shall be rebuttably presumed to be unreasonable148.12 and unfair if:148.13 (1) the application of the child support guidelines in148.14 section 518.551, subdivision 5, to the current circumstances of148.15 the parties results in a calculated court order that is at least148.16 20 percent and at least $50 per month higher or lower than the148.17 current support order;148.18 (2) the medical support provisions of the order established148.19 under section 518.171 are not enforceable by the public148.20 authority or the custodial parent;148.21 (3) health coverage ordered under section 518.171 is not148.22 available to the child for whom the order is established by the148.23 parent ordered to provide; or148.24 (4) the existing support obligation is in the form of a148.25 statement of percentage and not a specific dollar amount.148.26 (c)(b) On a motion for modification of maintenance, 148.27 including a motion for the extension of the duration of a 148.28 maintenance award, the court shallmust apply, in addition to 148.29 all other relevant factors, the factors for an award of 148.30 maintenance under section 518.552 that exist at the time of the 148.31 motion. On a motion for modification of support, the court:148.32 (1) shall apply section 518.551, subdivision 5, and shall148.33 not consider the financial circumstances of each party's spouse,148.34 if any; and148.35 (2) shall not consider compensation received by a party for148.36 employment in excess of a 40-hour work week, provided that the149.1 party demonstrates, and the court finds, that:149.2 (i) the excess employment began after entry of the existing149.3 support order;149.4 (ii) the excess employment is voluntary and not a condition149.5 of employment;149.6 (iii) the excess employment is in the nature of additional,149.7 part-time employment, or overtime employment compensable by the149.8 hour or fractions of an hour;149.9 (iv) the party's compensation structure has not been149.10 changed for the purpose of affecting a support or maintenance149.11 obligation;149.12 (v) in the case of an obligor, current child support149.13 payments are at least equal to the guidelines amount based on149.14 income not excluded under this clause; and149.15 (vi) in the case of an obligor who is in arrears in child149.16 support payments to the obligee, any net income from excess149.17 employment must be used to pay the arrearages until the149.18 arrearages are paid in full.149.19 (d)(c) A modification of support ormaintenance, including 149.20 interest that accrued pursuant to section 548.091, may be made 149.21 retroactive only with respect to any period during which the 149.22 petitioning party has pending a motion for modification but only 149.23 from the date of service of notice of the motion on the 149.24 responding party and on the public authority if public 149.25 assistance is being furnished or the county attorney is the 149.26 attorney of record. However, modification may be applied to an 149.27 earlier period if the court makes express findings that: 149.28 (1) the party seeking modification was precluded from 149.29 serving a motion by reason of a significant physical or mental 149.30 disability, a material misrepresentation of another party, or 149.31 fraud upon the court and that the party seeking modification, 149.32 when no longer precluded, promptly served a motion; 149.33 (2) the party seeking modification was a recipient of 149.34 federal Supplemental Security Income (SSI), Title II Older 149.35 Americans, Survivor's Disability Insurance (OASDI), other 149.36 disability benefits, or public assistance based upon need during 150.1 the period for which retroactive modification is sought; or 150.2 (3) the order for which the party seeks amendment was 150.3 entered by default, the party shows good cause for not 150.4 appearing, and the record contains no factual evidence, or 150.5 clearly erroneous evidence regarding the individual obligor's 150.6 ability to pay. 150.7 The court may provide that a reduction in the amount 150.8 allocated for child care expenses based on a substantial 150.9 decrease in the expenses is effective as of the date the 150.10 expenses decreased. 150.11 (e)(d) Except for an award of the right of occupancy of 150.12 the homestead , provided inunder section 518.63, all divisions 150.13 of real and personal property provided by section 518.58 shall150.14 beare final, and may be revoked or modified only whereif the 150.15 court finds the existence of conditions that justify reopening a 150.16 judgment under the laws of this state, including motions under 150.17 section 518.145, subdivision 2. The court may impose a lien or 150.18 charge on the divided property at any time while the property, 150.19 or subsequently acquired property, is owned by the parties or 150.20 either of them, for the payment of maintenance or support money,150.21 or may sequester the property as is provided byunder section 150.22 518.24. 150.23 (f)(e) The court need not hold an evidentiary hearing on a 150.24 motion for modification of maintenance or support. 150.25 (g)(f) Section 518.14 shall governgoverns the award of 150.26 attorney fees for motions brought under this subdivision. 150.27 Sec. 36. Minnesota Statutes 2000, section 518.641, is 150.28 amended to read: 150.29 518.641 [COST-OF-LIVING ADJUSTMENTS IN MAINTENANCE OR CHILD150.30 SUPPORTORDER.] 150.31 Subdivision 1. [REQUIREMENT.] An order for maintenance or150.32 child support shallmust provide for a biennial adjustment in 150.33 the amount to be paid based on a change in the cost of living. 150.34 An order that provides for a cost-of-living adjustment shall150.35 must specify the cost-of-living index to be applied and the date 150.36 on which the cost-of-living adjustment shall becomebecomes 151.1 effective. The court may use the consumer price index for all 151.2 urban consumers, Minneapolis-St. Paul (CPI-U), the consumer 151.3 price index for wage earners and clerical, Minneapolis-St. Paul 151.4 (CPI-W), or another cost-of-living index published by the 151.5 department of labor which it specifically finds is more 151.6 appropriate. Cost-of-living increases under this section shall151.7 must be compounded. The court may also increase the amount by 151.8 more than the cost-of-living adjustment by agreement of the 151.9 parties or by making further findings. The adjustment becomes 151.10 effective on the first of May of the year in which it is made, 151.11 for cases in which payment is made to the public authority. For 151.12 cases in which payment is not made to the public authority, 151.13 application for an adjustment may be made in any month but no 151.14 application for an adjustment may be made sooner than two years 151.15 after the date of the dissolution decree. A court may waive the 151.16 requirement of the cost-of-living clause if it expressly finds 151.17 that the obligor's occupation or income, or both, does not 151.18 provide for cost-of-living adjustment or that the order for 151.19 maintenance or child supporthas a provision such as a step 151.20 increase that has the effect of a cost-of-living clause. The 151.21 court may waive a cost-of-living adjustment in a maintenance 151.22 order if the parties so agree in writing. The commissioner of151.23 human services may promulgate rules for child support151.24 adjustments under this section in accordance with the rulemaking151.25 provisions of chapter 14.Notice of this statute must comply 151.26 with section 518.68, subdivision 2. 151.27 Subd. 2. [CONDITIONS.] No adjustment under this section 151.28 may be made unless the order provides for it and until151.29 (a) the following conditions are met: 151.30 (a)(1) the obligee serves notice of the application for 151.31 adjustment by mail on the obligor at the obligor's last known 151.32 address at least 20 days before the effective date of the 151.33 adjustment; 151.34 (b)(2) the notice to the obligor informs the obligor of 151.35 the date on which the adjustment in payments will become 151.36 effective; and 152.1 (c)(3) after receipt of notice and before the effective 152.2 day of the adjustment, the obligor fails to request a hearing on 152.3 the issue of whether the adjustment should take effect, and ex 152.4 parte, to stay imposition of the adjustment pending outcome of 152.5 the hearing; or 152.6 (d)(b) the public authority sends notice of its 152.7 application for adjustment to the obligor at the obligor's last 152.8 known address at least 20 days before the effective date of the 152.9 adjustment, and the notice informs the obligor of the date on 152.10 which the adjustment will become effective and the procedures 152.11 for contesting the adjustment according to section 484.702. 152.12 Subd. 3. [RESULT OF HEARING.] If, at a hearing pursuant to 152.13 this section, the obligor establishes an insufficient cost of 152.14 living or other increase in income that prevents fulfillment of 152.15 the adjusted maintenance or child supportobligation, the court 152.16 may direct that all or part of the adjustment not take effect. 152.17 If, at the hearing, the obligor does not establish this 152.18 insufficient increase in income, the adjustment shallmust take 152.19 effect as of the date it would have become effective had no 152.20 hearing been requested. 152.21 Subd. 4. [FORM.] The department of human services shall152.22 prepare and make available to the court and obligors a form to152.23 be submitted to the department by the obligor in support of a152.24 request for hearing under this section regarding a child support152.25 order.152.26 Subd. 5.[REQUEST FOR COST-OF-LIVING CLAUSE.] A motion for 152.27 enforcement or modification of an existing maintenance or child152.28 supportorder shallmust include a request for a cost-of-living 152.29 clause. The court may deny the request only upon an express 152.30 finding that the obligor's occupation, income, or both, does not 152.31 provide for a cost-of-living adjustment or that the existing 152.32 maintenance or child supportorder either has a cost-of-living 152.33 clause or sets forth a step increase which has the effect of a 152.34 cost-of-living adjustment. 152.35 Sec. 37. Minnesota Statutes 2000, section 518.642, is 152.36 amended to read: 153.1 518.642 [OVERPAYMENTS.] 153.2 If child support ormaintenance is not assigned under 153.3 section 256.741 ,and an obligor has overpaid a child support or153.4 maintenance obligation because of a modification or error in the 153.5 amount owed, the public authority shallmust: 153.6 (1) apply the amount of the overpayment to reduce the 153.7 amount of any child support ormaintenance-related arrearages or 153.8 debts owed to the obligee; and 153.9 (2) if an overpayment exists after the reduction of any 153.10 arrearage or debt, reduce the amount of the child153.11 supportmaintenance remitted to the obligee by an amount no 153.12 greater than 20 percent of the current monthly support or153.13 maintenance obligation and remit this amount to the obligor 153.14 until the overpayment is reduced to zero. 153.15 Sec. 38. [518.643] [MAINTENANCE PAYMENT ENFORCEMENT.] 153.16 The enforcement requirements and procedures in sections 153.17 518.551, subdivisions 1, 12, 13, 13a, and 14, 518.5511, 153.18 518.6111, 518.614, 518.615, 518.616, and 518.617, apply to 153.19 maintenance payments as well as child support obligations. 153.20 Sec. 39. Minnesota Statutes 2000, section 518.646, is 153.21 amended to read: 153.22 518.646 [NOTICE OF ORDER.] 153.23 Whenever these laws requireIf a law requires service of a 153.24 court's order on an employer, union, or payor of funds, service 153.25 of a verified notice of order may be made in lieu thereofof the 153.26 order. The verified notice shallmust contain the title of the 153.27 action, the name of the court, the court file number, the date 153.28 of the court order, and shall recitethe operative provisions of 153.29 the order. 153.30 Sec. 40. Minnesota Statutes 2000, section 518.65, is 153.31 amended to read: 153.32 518.65 [PROPERTY; SALE, PARTITION.] 153.33 In order to effect a division or award of property as is153.34 provided byunder section 518.58, the court may order property 153.35 sold or partitioned. Personal property may be ordered sold in 153.36 the manner directed by the court ,and real estate may be 154.1 partitioned in the manner provided by Minnesota Statutes 1949, 154.2 chapter 558. 154.3 Sec. 41. [INSTRUCTION TO REVISOR.] 154.4 The revisor of statutes must renumber the sections in 154.5 Minnesota Statutes 2000 listed in column A as indicated in 154.6 column B and correct cross-references to those sections 154.7 throughout Minnesota Statutes and Minnesota Rules. 154.8 A B 154.9 518.002 517A.02, subd. 5 154.10 518.003 517A.01 154.11 518.005 517A.02 154.12 518.01 517A.05 154.13 518.02 517A.08 154.14 518.03 517A.09 154.15 518.04 517A.10 154.16 518.05 517A.11 154.17 518.055 517A.12 154.18 518.06 517A.15 154.19 518.07 517A.16 154.20 518.09 517A.17 154.21 518.091 517A.18 154.22 518.10 517A.19 154.23 518.11 517A.20 154.24 518.12 517A.21 154.25 518.13 517A.22 154.26 518.131 517A.03 154.27 518.14 517A.04 154.28 518.145 517A.23 154.29 518.146 517A.24 154.30 518.148 517A.26 154.31 518.191 517A.27 154.32 518.195 517A.28 154.33 518.24 517A.29 154.34 518.25 517A.30 154.35 518.27 517A.31 154.36 518.54, subd. 1 517A.32, subd. 1 155.1 518.54, subd. 2a 517A.32, subd. 2 155.2 518.54, subd. 2b 517A.32, subd. 3 155.3 518.54, subd. 3 517A.32, subd. 4 155.4 518.54, subd. 4 517A.32, subd. 5 155.5 518.54, subd. 5 517A.32, subd. 6 155.6 518.54, subd. 6 517A.32, subd. 7 155.7 518.54, subd. 7 517A.32, subd. 8 155.8 518.54, subd. 8 517A.32, subd. 9 155.9 518.54, subd. 9 517A.32, subd. 10 155.10 518.54, subd. 10 517A.32, subd. 11 155.11 518.54, subd. 11 517A.32, subd. 12 155.12 518.54, subd. 12 517A.32, subd. 13 155.13 518.55 517A.34 155.14 518.552 517A.33 155.15 518.58 517A.35 155.16 518.581 517A.36 155.17 518.582 517A.37 155.18 518.583 517A.38 155.19 518.62 517A.40 155.20 518.63 517A.41 155.21 518.64 517A.42 155.22 518.641, subd. 1 517A.43, subd. 1 155.23 518.641, subd. 2 517A.43, subd. 2 155.24 518.641, subd. 3 517A.43, subd. 3 155.25 518.641, subd. 4 517A.43, subd. 4 155.26 518.642 517A.44 155.27 518.646 517A.06 155.28 518.65 517A.46 155.29 518.68 517A.07 155.30 Sec. 42. [REPEALER.] 155.31 Minnesota Statutes 2000, section 518.64, subdivisions 4, 155.32 4a, and 5, are repealed. 155.33 ARTICLE 13 155.34 CUSTODY, PARENTING TIME, AND VISITATION 155.35 GENERAL 155.36 Section 1. [517B.01] [DEFINITIONS.] 156.1 Subdivision 1. [SCOPE.] The definitions in this section 156.2 apply to this chapter. 156.3 Sec. 2. [517B.03] [TEMPORARY ORDERS RELATING TO CUSTODY 156.4 AND PARENTING TIME.] 156.5 (a) A temporary order for custody or parenting time may be 156.6 sought under section 518.131. 156.7 (b) A party seeking a temporary custody order must submit 156.8 with moving papers an affidavit setting forth facts supporting 156.9 the requested order. The party must give notice and a copy of 156.10 the affidavit to other parties to the proceeding, who may file 156.11 opposing affidavits. 156.12 Sec. 3. [517B.04] [CUSTODY AND PARENTING TIME NOTICES.] 156.13 A court order or judgment and decree concerning custody of 156.14 or parenting time with a minor child must contain the notice set 156.15 out in section 517C.99, subdivision 3. 156.16 Sec. 4. [517B.05] [ATTORNEY FEES, COSTS, AND 156.17 DISBURSEMENTS.] 156.18 Attorney fees, costs, and disbursements must be awarded in 156.19 a proceeding under this chapter as provided by section 518.14. 156.20 Sec. 5. [517B.17] [CUSTODY OF CHILDREN.] 156.21 Subdivision 1. [CUSTODY ORDER.] Upon adjudging the nullity 156.22 of a marriage, in a dissolution or legal separation proceeding, 156.23 or in a child custody proceeding, the court must make a further 156.24 order as it deems just and proper concerning: 156.25 (1) the legal custody of each minor child of the parties, 156.26 which must be sole or joint; and 156.27 (2) their physical custody and residence. 156.28 Subd. 2. [STANDARD; PREFERENCE PROHIBITED.] In determining 156.29 custody, the court must consider the best interests of the child 156.30 and must not prefer one parent over the other solely on the 156.31 basis of the sex of the parent. 156.32 Subd. 3. [THE BEST INTERESTS OF THE CHILD; FACTORS.] "The 156.33 best interests of the child" means all relevant factors to be 156.34 considered and evaluated by the court including: 156.35 (1) the wishes of the child's parent or parents as to 156.36 custody; 157.1 (2) the reasonable preference of the child, if the court 157.2 deems the child to be of sufficient age to express a preference; 157.3 (3) the child's primary caretaker; 157.4 (4) the intimacy of the relationship between each parent 157.5 and the child; 157.6 (5) the interaction and interrelationship of the child with 157.7 a parent or parents, siblings, and any other person who may 157.8 significantly affect the child's best interests; 157.9 (6) the child's adjustment to home, school, and community; 157.10 (7) the length of time the child has lived in a stable, 157.11 satisfactory environment and the desirability of maintaining 157.12 continuity; 157.13 (8) the permanence, as a family unit, of the existing or 157.14 proposed home; 157.15 (9) the mental and physical health of all individuals 157.16 involved; except that a disability, as defined in section 157.17 363.01, of a parent or the child is not determinative of the 157.18 custody of the child, unless the proposed custodial arrangement 157.19 is not in the best interest of the child; 157.20 (10) the capacity and disposition of the parties to give 157.21 the child love, affection, and guidance, and to continue 157.22 educating and raising the child in the child's culture and 157.23 religion or creed, if any; 157.24 (11) the child's cultural background; 157.25 (12) the effect on the child of the actions of an abuser, 157.26 if related to domestic abuse, as defined in section 518B.01, 157.27 that has occurred between the parents or between a parent and 157.28 another individual, whether or not the individual alleged to 157.29 have committed domestic abuse is or ever was a family or 157.30 household member of the parent; 157.31 (13) except in cases in which a finding of domestic abuse 157.32 as defined in section 518B.01 has been made, the disposition of 157.33 each parent to encourage and permit frequent and continuing 157.34 contact by the other parent with the child; and 157.35 (14) evidence of a violation of section 609.507. 157.36 Subd. 4. [BEST INTERESTS DETERMINATION.] The court must 158.1 make detailed findings on each of the factors in subdivision 3 158.2 and explain how the factors led to its conclusion and to the 158.3 determination of the best interests of the child. In 158.4 determining the best interests of a child, the court may not use 158.5 one factor in subdivision 3 to the exclusion of all others. The 158.6 primary caretaker factor may not be used as a presumption in 158.7 determining the best interests of the child. The court may not 158.8 consider conduct of a parent that does not affect the parent's 158.9 relationship to the child. 158.10 Sec. 6. [517B.18] [JOINT CUSTODY.] 158.11 Subdivision 1. [FACTORS WHEN JOINT CUSTODY IS SOUGHT.] In 158.12 addition to the factors listed in section 517B.17, if either 158.13 joint legal or joint physical custody is sought, the court must 158.14 consider the following relevant factors: 158.15 (1) the ability of parents to cooperate in the rearing of 158.16 their child; 158.17 (2) methods for resolving disputes regarding any major 158.18 decision concerning the life of the child, and the parents' 158.19 willingness to use those methods; 158.20 (3) whether it would be detrimental to the child if one 158.21 parent were to have sole authority over the child's upbringing; 158.22 and 158.23 (4) whether domestic abuse, as defined in section 518B.01, 158.24 has occurred between the parents. 158.25 Subd. 2. [PRESUMPTIONS; FINDINGS.] (a) The court must use 158.26 a rebuttable presumption that upon request of either or both 158.27 parties, joint legal custody is in the best interests of the 158.28 child. However, the court must use a rebuttable presumption 158.29 that joint legal or physical custody is not in the best 158.30 interests of the child if domestic abuse, as defined in section 158.31 518B.01, has occurred between the parents. 158.32 (b) If the court awards joint legal or physical custody 158.33 over the objection of a party, the court must make detailed 158.34 findings on each of the factors in this section and explain how 158.35 the factors led to its determination that joint custody would be 158.36 in the best interests of the child. 159.1 Subd. 3. [JOINT CUSTODY; SUPPORT GUIDELINES.] An award of 159.2 joint legal custody is not a reason for departure from the 159.3 support guidelines in section 518.551, subdivision 5. 159.4 Sec. 7. [517B.19] [CUSTODY; ACCESS RIGHTS OF PARENTS; 159.5 LIMITATIONS.] 159.6 Subdivision 1. [ACCESS; LIMITATIONS.] (a) Whether sole or 159.7 joint legal custody is ordered, the court must grant the 159.8 following rights to each of the parties, unless specific 159.9 findings are made under section 518.68, subdivision 1. Each 159.10 party: 159.11 (1) has the right of access to, and to receive copies of, a 159.12 minor child's school, medical, dental, religious training, and 159.13 other important records and information; 159.14 (2) has the right of access to information regarding health 159.15 or dental insurance available to a minor child; 159.16 (3) must keep the other party informed as to the name and 159.17 address of the school a minor child attends; 159.18 (4) must notify the other party, in the case of an accident 159.19 or serious illness of a minor child, of the accident or illness, 159.20 and the name of the health care provider and the place of 159.21 treatment; and 159.22 (5) has the right to reasonable access and telephone 159.23 contact with a minor child. 159.24 (b) Each party has the right to be informed by school 159.25 officials about a child's welfare, educational progress and 159.26 status, and to attend school and parent-teacher conferences. 159.27 The school is not required to hold a separate conference for 159.28 each party. 159.29 (c) The court may waive any of the rights under this 159.30 subdivision if it finds it is necessary to protect the welfare 159.31 of a party or child. 159.32 Sec. 8. Minnesota Statutes 2000, section 518.003, 159.33 subdivision 3, is amended to read: 159.34 Subd. 3. [CUSTODY.] Unless otherwise agreed by the parties: 159.35 (a) "Legal custody" means the right to determine the 159.36 child's upbringing, including education, health care, and 160.1 religious training. 160.2 (b) "Joint legal custody" means that both parents have 160.3 equal rights and responsibilities, including the right to 160.4 participate in major decisions determining the child's 160.5 upbringing, including education, health care, and religious 160.6 training. 160.7 (c) "Physical custody and residence" means the routine 160.8 daily care and control and the residence of the child. 160.9 (d) "Joint physical custody" means that the routine daily 160.10 care and control and the residence of the child is structured 160.11 between the parties. 160.12 (e) Wherever used in this chapter, the term"Custodial 160.13 parent" or "custodian" means the person who has the physical 160.14 custody of the child at any particular time. 160.15 (f) "Custody determination" means a court decision and 160.16 court orders and instructions providing for the custody of a 160.17 child, including parenting time, but does not include a decision 160.18 relating to child support or any other monetary obligation of 160.19 any person. 160.20 (g) "Custody proceeding" includes proceedings in which a 160.21 custody determination is one of several issues, such as an 160.22 action for dissolution, divorce, or separation, and includes 160.23 proceedings involving children who are in need of protection or 160.24 services, domestic abuse, and paternity. 160.25 Sec. 9. Minnesota Statutes 2000, section 518.155, is 160.26 amended to read: 160.27 518.155 [CUSTODY DETERMINATIONSAND PARENTING TIME 160.28 JURISDICTION.] 160.29 Notwithstanding any law to the contrary, a court in which a 160.30 proceeding for dissolution, legal separation, or child custody 160.31 has been commenced shallmust not issue, revise, modify or amend 160.32 any order, pursuant to sectionssection 518.131, 518.165, 160.33 518.168, 518.17, 518.175 or 518.18, whichthat affects the 160.34 custody of a minor child or the parenting time of a noncustodial160.35 parent unless the court has jurisdiction over the matter 160.36 pursuant to the provisions of chapter 518D. 161.1 Sec. 10. Minnesota Statutes 2000, section 518.156, is 161.2 amended to read: 161.3 518.156 [COMMENCEMENT OF CUSTODY PROCEEDING.] 161.4 Subdivision 1. [PROCEDURE.] In a court of this state which161.5 that has jurisdiction to decide child custody matters, a child 161.6 custody proceeding is commenced: 161.7 (a) by a parent 161.8 (1) by filing a petition for dissolution or legal 161.9 separation; or 161.10 (2) whereif a decree of dissolution or legal separation 161.11 has been entered or where none is sought, or whenif paternity 161.12 has been recognized under section 257.75, by filing a petition 161.13 or motion seeking custody or parenting time with the child in 161.14 the county where the child is permanently resident or where the 161.15 child is found or where an earlier order for custody of the 161.16 child has been entered; or 161.17 (b) by a person other than a parent, whereif a decree of 161.18 dissolution or legal separation has been entered or whereif 161.19 none is sought by filing a petition or motion seeking custody or 161.20 visitation of the child in the county where the child is 161.21 permanently resident or where the child is found or where an 161.22 earlier order for custody of the child has been entered. A 161.23 person seeking visitation pursuant to this paragraph must 161.24 qualify under one of the provisions of section 257.022. 161.25 Subd. 2. [REQUIRED NOTICE.] Written notice of a child 161.26 custody or parenting time or visitation proceeding shallmust be 161.27 given to the child's parent, guardian, and custodian, who may 161.28 appear and be heard and may file a responsive pleading. The 161.29 court may, upon a showing of good cause, permit the intervention 161.30 of other interested parties. 161.31 Sec. 11. Minnesota Statutes 2000, section 518.157, 161.32 subdivision 1, is amended to read: 161.33 Subdivision 1. [IMPLEMENTATION; ADMINISTRATION.] By161.34 January 1, 1998,The chief judge of each judicial district or a 161.35 designee shallmust implement one or more parent education 161.36 programs within the judicial district for the purpose of 162.1 educating parents about the impact that divorce, the 162.2 restructuring of families, and judicial proceedings have upon 162.3 children and families; methods for preventing parenting time 162.4 conflicts; and dispute resolution options. The chief judge of 162.5 each judicial district or a designee may require that children 162.6 attend a separate education program designed to deal with the 162.7 impact of divorce upon children as part of the parent education 162.8 program. Each parent education program must enable persons to 162.9 have timely and reasonable access to education sessions. 162.10 Sec. 12. Minnesota Statutes 2000, section 518.157, 162.11 subdivision 2, is amended to read: 162.12 Subd. 2. [MINIMUM STANDARDS; PLAN.] The Minnesota supreme 162.13 court should promulgate minimum standards for the implementation 162.14 and administration of a parent education program. The chief 162.15 judge of each judicial district or a designee shallmust submit 162.16 a plan to the Minnesota conference of chief judges for their 162.17 approval that is designed to implement and administer a parent 162.18 education program in the judicial district. The plan must be 162.19 consistent with the minimum standards promulgated by the 162.20 Minnesota supreme court. 162.21 Sec. 13. Minnesota Statutes 2000, section 518.157, 162.22 subdivision 3, is amended to read: 162.23 Subd. 3. [ATTENDANCE.] In a proceeding under this chapter 162.24 or sections 257.51 to 257.75 where custody or parenting time is 162.25 contested, the parents of a minor child shallmust attend an 162.26 orientation and education program that meets the minimum 162.27 standards promulgated by the Minnesota supreme court. In all 162.28 other proceedings involving custody, support, or parenting time 162.29 the court may order the parents of a minor child to attend a 162.30 parent education program. The program shallmust provide the 162.31 court with names of persons who fail to attend the parent 162.32 education program as ordered by the court. Persons who are 162.33 separated or contemplating involvement in a dissolution, 162.34 paternity, custody, or parenting time proceeding may attend a 162.35 parent education program without a court order. Participation 162.36 in a parent education program must occur as early as possible. 163.1 Parent education programs must offer an opportunity to 163.2 participate at all phases of a pending or postdecree 163.3 proceeding. Upon request of a party and a showing of good 163.4 cause, the court may excuse the party from attending the 163.5 program. If past or present domestic abuse, as defined in 163.6 chapter 518B, is alleged, the court shallmust not require the 163.7 parties to attend the same parent education sessions and shall163.8 must enter an order setting forth the manner in which the 163.9 parties may safely participate in the program. 163.10 Sec. 14. Minnesota Statutes 2000, section 518.157, 163.11 subdivision 5, is amended to read: 163.12 Subd. 5. [CONFIDENTIALITY.] Unless all parties agree in 163.13 writing, statements made by a party during participation in a 163.14 parent education program are inadmissible as evidence for any 163.15 purpose, including impeachment. No record may be made regarding 163.16 a party's participation in a parent education program, except a 163.17 record of attendance at and completion of the program as 163.18 required under this section. Instructors shallmust not 163.19 disclose information regarding an individual participant 163.20 obtained as a result of participation in a parent education 163.21 program. Parent education instructors may not be subpoenaed or 163.22 called as witnesses in court proceedings. 163.23 Sec. 15. Minnesota Statutes 2000, section 518.157, 163.24 subdivision 6, is amended to read: 163.25 Subd. 6. [FEE.] Except as provided in this subdivision, 163.26 each person who attends a parent education program shallmust 163.27 pay a fee to defray the cost of the program. A party who 163.28 qualifies for waiver of filing fees under section 563.01 is 163.29 exempt from paying the parent education program fee and the 163.30 court shallmust waive the fee or direct its payment under 163.31 section 563.01. Program providers shall implement a sliding fee 163.32 scale. 163.33 Sec. 16. Minnesota Statutes 2000, section 518.158, 163.34 subdivision 2, is amended to read: 163.35 Subd. 2. [EMERGENCY CUSTODY HEARING.] If the parent seeks 163.36 to remove the child from the home of the relative or if the 164.1 relative seeks to remove the child from the home of the parent 164.2 and the applicable factors in subdivision 1 exist, the relative 164.3 may apply for an ex parte temporary order for custody of the 164.4 child. The application must include an affidavit made under 164.5 oath that states with particularity the specific facts and 164.6 circumstances on which the application is based. The court 164.7 shallmust grant temporary custody if it finds, based on the 164.8 application, that the applicable factors in subdivision 1 164.9 exist. If it finds that the factors in subdivision 1 do not 164.10 exist, the court shallmust order that the child be returned to 164.11 or remain with the parent. An ex parte temporary custody order 164.12 under this subdivision is effective for a fixed period not to 164.13 exceed 14 days. A temporary custody hearing under this chapter 164.14 must be set for not later than seven days after issuance of the 164.15 ex parte temporary custody order, except that if the ex parte 164.16 temporary custody order is based on the grounds under 164.17 subdivision 1, paragraph (b), clause (2), the temporary custody 164.18 hearing must be set for not later than 72 hours, excluding 164.19 Saturdays, Sundays, and holidays, after issuance of the order. 164.20 The parent must be promptly served with a copy of the ex parte 164.21 order and the petition and notice of the date for the hearing. 164.22 Sec. 17. Minnesota Statutes 2000, section 518.158, 164.23 subdivision 4, is amended to read: 164.24 Subd. 4. [RETURN TO PARENT.] If the court orders permanent 164.25 custody to a relative under this section, the court shallmust 164.26 set conditions the parent must meet in order to obtain custody. 164.27 The court may notify the parent that the parent may request 164.28 assistance from the local social service agency in order to meet 164.29 the conditions set by the court. 164.30 Sec. 18. Minnesota Statutes 2000, section 518.165, is 164.31 amended to read: 164.32 518.165 [GUARDIANS FOR MINOR CHILDREN.] 164.33 Subdivision 1. [PERMISSIVE APPOINTMENT OF GUARDIAN AD 164.34 LITEM.] In all proceedings for child custody or for dissolution 164.35 or legal separation where custody or parenting time with a minor 164.36 child is in issue, the court may appoint a guardian ad litem 165.1 from a panel established by the court to represent the interests 165.2 of the child. The guardian ad litem shallmust advise the court 165.3 with respect to custody, support, and parenting time. 165.4 Subd. 2. [REQUIRED APPOINTMENT OF GUARDIAN AD LITEM.] In 165.5 all proceedings for child custody or for marriage dissolution or 165.6 legal separation in which custody or parenting time with a minor 165.7 child is an issue, if the court has reason to believe that the 165.8 minor child is a victim of domestic child abuse or neglect, as 165.9 those terms are defined in sections 260C.007 and 626.556, 165.10 respectively, the court shallmust appoint a guardian ad litem. 165.11 The guardian ad litem shallmust represent the interests of the 165.12 child and advise the court with respect to custody, support, and 165.13 parenting time. If the child is represented by a guardian ad 165.14 litem in any other pending proceeding, the court may appoint 165.15 that guardian to represent the child in the custody or parenting 165.16 time proceeding. No guardian ad litem need be appointed if the 165.17 alleged domestic child abuse or neglect is before the court on a 165.18 juvenile dependency and neglect petition. Nothing in this 165.19 subdivision requires the court to appoint a guardian ad litem in 165.20 any proceeding for child custody, marriage dissolution, or legal 165.21 separation in which an allegation of domestic child abuse or 165.22 neglect has not been made. 165.23 Subd. 2a. [RESPONSIBILITIES OF GUARDIAN AD LITEM.] A 165.24 guardian ad litem shallmust carry out the following 165.25 responsibilities: 165.26 (1) conduct an independent investigation to determine the 165.27 facts relevant to the situation of the child and the family, 165.28 which must include, unless specifically excluded by the court, 165.29 reviewing relevant documents; meeting with and observing the 165.30 child in the home setting and considering the child's wishes, as 165.31 appropriate; and interviewing parents, caregivers, and others 165.32 with knowledge relevant to the case; 165.33 (2) advocate for the child's best interests by 165.34 participating in appropriate aspects of the case and advocating 165.35 for appropriate community services when necessary; 165.36 (3) maintain the confidentiality of information related to 166.1 a case, with the exception of sharing information as permitted 166.2 by law to promote cooperative solutions that are in the best 166.3 interests of the child; 166.4 (4) monitor the child's best interests throughout the 166.5 judicial proceeding; and 166.6 (5) present written reports on the child's best interests 166.7 that include conclusions and recommendations and the facts upon 166.8 which they are based. 166.9 Subd. 3. [FEES.] (a) A guardian ad litem appointed under 166.10 either subdivision 1 or 2 may be appointed either as a volunteer 166.11 or on a fee basis. If a guardian ad litem is appointed on a fee 166.12 basis, the court shallmust enter an order for costs, fees, and 166.13 disbursements in favor of the child's guardian ad litem. The 166.14 order may be made against either or both parties, except that 166.15 any part of the costs, fees, or disbursements which the court 166.16 finds the parties are incapable of paying shallmust be borne by 166.17 the state courts. The costs of court-appointed counsel to the 166.18 guardian ad litem shallmust be paid by the county in which the 166.19 proceeding is being held if a party is incapable of paying for 166.20 them. Until the recommendations of the task force created in 166.21 Laws 1999, chapter 216, article 7, section 42, are implemented, 166.22 the costs of court-appointed counsel to a guardian ad litem in 166.23 the eighth judicial district shallmust be paid by the state 166.24 courts if a party is incapable of paying for them. In no event 166.25 may the court order that costs, fees, or disbursements be paid 166.26 by a party receiving public assistance or legal assistance or by 166.27 a party whose annual income falls below the poverty line as 166.28 established under United States Code, title 42, section 9902(2). 166.29 (b) In each fiscal year, the state treasurer shallmust 166.30 deposit guardian ad litem reimbursements in the general fund and 166.31 credit them to a separate account with the trial courts. The 166.32 balance of this account is appropriated to the trial courts and 166.33 does not cancel but is available until expended. Expenditures 166.34 by the state court administrator's office from this account must 166.35 be based on the amount of the guardian ad litem reimbursements 166.36 received by the state from the courts in each judicial district. 167.1 Sec. 19. Minnesota Statutes 2000, section 518.166, is 167.2 amended to read: 167.3 518.166 [INTERVIEWS.] 167.4 The court may interview the child in chambers to ascertain 167.5 the child's reasonable preference as to custodianwith which 167.6 parent the child would reside, if the court deems the child to 167.7 be of sufficient age to express preference. The court shall167.8 must permit counsel to be present at the interview and shall167.9 must permit counsel to propound reasonable questions to the 167.10 child either directly or through the court. The court shall167.11 must cause a record of the interview to be made and to be made 167.12 part of the record in the case unless waived by the parties. 167.13 In contested custody proceedings, and in other custody 167.14 proceedings if a parent or the child's custodian requests, the 167.15 court may seek the recommendations of professional personnel 167.16 whether or not they are employed on a regular basis by the 167.17 court. The recommendations given shallmust be in writing and 167.18 shallmust be made available by the court to counsel upon 167.19 request. Counsel may call for cross-examination of professional 167.20 personnel consulted by the court. 167.21 Sec. 20. Minnesota Statutes 2000, section 518.167, 167.22 subdivision 3, is amended to read: 167.23 Subd. 3. [AVAILABILITY TO COUNSEL.] The court shallmust 167.24 mail the investigator's report to counsel and to any party not 167.25 represented by counsel at least ten days before the hearing. 167.26 The investigator shallmust maintain and, upon request, make 167.27 available to counsel and to a party not represented by counsel 167.28 the investigator's file of underlying data and reports, complete 167.29 texts of diagnostic reports made to the investigator pursuant to 167.30 the provisions of subdivision 2, and the names and addresses of 167.31 all persons whom the investigator has consulted. The167.32 investigator and any person the investigator has consulted is167.33 subject to other pretrial discovery in accordance with the167.34 requirements of the Minnesota Rules of Civil Procedure.167.35 Mediation proceedings are not subject to discovery without167.36 written consent of both parties. A party to the proceeding may168.1 call the investigator and any person whom the investigator has168.2 consulted for cross-examination at the hearing. A party may not168.3 waive the right of cross-examination before the hearing.168.4 Sec. 21. Minnesota Statutes 2000, section 518.167, 168.5 subdivision 4, is amended to read: 168.6 Subd. 4. [ USE ATDISCOVERY; HEARING.] The investigator and 168.7 any person the investigator has consulted is subject to other 168.8 pretrial discovery in accordance with the requirements of the 168.9 Minnesota Rules of Civil Procedure. Mediation proceedings are 168.10 not subject to discovery without written consent of both 168.11 parties. A party to the proceeding may call the investigator 168.12 and any person whom the investigator has consulted for 168.13 cross-examination at the hearing. A party may not waive the 168.14 right of cross-examination before the hearing. The 168.15 investigator's report may be received in evidence at the hearing. 168.16 Sec. 22. Minnesota Statutes 2000, section 518.167, 168.17 subdivision 5, is amended to read: 168.18 Subd. 5. [COSTS.] The court shallmust order all or part 168.19 of the cost of the investigation and report to be paid by either 168.20 or both parties, based on their ability to pay. Any part of the 168.21 cost that the court finds the parties are incapable of paying 168.22 must be borne by the county welfarelocal social services agency 168.23 or department of court services that performs the 168.24 investigation. The court may not order costs under this 168.25 subdivision to be paid by a party receiving public assistance or 168.26 legal assistance from a qualified legal services program or by a 168.27 party whose annual income falls below the poverty line under 168.28 United States Code, title 42, section 9902(2). 168.29 Sec. 23. Minnesota Statutes 2000, section 518.168, is 168.30 amended to read: 168.31 518.168 [HEARINGS.] 168.32 (a) Custody proceedings shallmust receive priority in 168.33 being set for hearing. 168.34 (b) The court may tax as costs the payment of necessary 168.35 travel and other expenses incurred by a person whose presence at 168.36 the hearing the court deems necessary to determine the best 169.1 interests of the child. 169.2 (c) The court without a jury shallmust determine questions 169.3 of law and fact. If it finds that a public hearing may be 169.4 detrimental to the child's best interests, the court may exclude 169.5 the public from a custody hearing, but may admit any person who 169.6 has a direct interest in the particular case. 169.7 (d) If the court finds it necessary for the protection of 169.8 the child's welfare that the record of an interview, report, 169.9 investigation, or testimony in a custody proceeding not be kept169.10 secretdisclosed, the court may make an appropriate order 169.11 sealing the record. 169.12 Sec. 24. Minnesota Statutes 2000, section 518.1705, 169.13 subdivision 6, is amended to read: 169.14 Subd. 6. [RESTRICTIONS ON PREPARATION AND CONTENT OF 169.15 PARENTING PLAN.] (a) Dispute resolution processes other than the 169.16 judicial process may not be required in the preparation of a 169.17 parenting plan if a parent is alleged to have committed domestic 169.18 abuse toward a parent or child who is a party to, or subject of, 169.19 the matter before the court. In these cases, the court shall169.20 must consider the appointment of a guardian ad litem and a 169.21 parenting plan evaluator. 169.22 (b) The court may not require a parenting plan that 169.23 provides for joint legal custody or use of dispute resolution 169.24 processes, other than the judicial process ,if the court finds 169.25 that section 518.179 applies, or the court finds that either 169.26 parent has engaged in the following toward a parent or child who 169.27 is a party to, or subject of, the matter before the court: 169.28 (1) acts of domestic abuse, including physical harm, bodily 169.29 injury, and infliction of fear of physical harm, assault, 169.30 terroristic threats, or criminal sexual conduct; 169.31 (2) physical, sexual, or a pattern of emotional abuse of a 169.32 child; or 169.33 (3) willful abandonment that continues for an extended 169.34 period of time or substantial refusal to perform parenting 169.35 functions. 169.36 Sec. 25. Minnesota Statutes 2000, section 518.175, 170.1 subdivision 1, is amended to read: 170.2 Subdivision 1. [GENERAL.] (a) In all proceedings for 170.3 dissolution or legal separation, subsequent to the commencement 170.4 of the proceeding and continuing thereafter during the minority 170.5 of the child, the court shallmust, upon the request of either 170.6 parent, grant suchparenting time on behalf of the child and 170.7 noncustodialthe parent asthat will enable the child and the 170.8 noncustodialparent to maintain a child to parent relationship 170.9 that will be in the best interests of the child. If the court 170.10 finds, after a hearing, that parenting time is likely to 170.11 endanger the child's physical or emotional health or impair the 170.12 child's emotional development, the court shallmust restrict 170.13 parenting time with the noncustodialparent as to time, place, 170.14 duration, or supervision and may deny parenting time entirely, 170.15 as the circumstances warrant. The court shallmust consider the 170.16 age of the child and the child's relationship with the 170.17 noncustodialparent prior tobefore the commencement of the 170.18 proceeding. A parent's failure to pay support because of the 170.19 parent's inability to do so shallis not besufficient cause for 170.20 denial of parenting time. 170.21 (b) The court may provide that a law enforcement officer or 170.22 other appropriate person will accompany a party seeking to 170.23 enforce or comply with parenting time. 170.24 (c) Upon request of either party, to the extent practicable 170.25 an order for parenting time must include a specific schedule for 170.26 parenting time, including the frequency and duration of 170.27 visitation and visitation during holidays and vacations, unless 170.28 parenting time is restricted, denied, or reserved. 170.29 (d) The court administrator shallmust provide a form for a 170.30 pro se motion regarding parenting time disputes, which includes170.31 must include provisions for indicating the relief requested, an 170.32 affidavit in which the party may state the facts of the dispute, 170.33 and a brief description of the parenting time expeditor process 170.34 under section 518.1751. The form may not include a request for 170.35 a change of custody. The court shallmust provide instructions 170.36 on serving and filing the motion. 171.1 Sec. 26. Minnesota Statutes 2000, section 518.175, 171.2 subdivision 1a, is amended to read: 171.3 Subd. 1a. [DOMESTIC ABUSE; SUPERVISED PARENTING TIME.] (a) 171.4 If a custodialparent requests supervised parenting time under 171.5 subdivision 1 or 5 and an order for protection under chapter 171.6 518B or a similar law of another state is in effect against the 171.7 noncustodialother parent to protect the custodialparent with 171.8 whom the child resides or the child, the judge or judicial 171.9 officer must consider the order for protection in making a 171.10 decision regarding parenting time. 171.11 (b) The state court administrator, in consultation with 171.12 representatives of custodial and noncustodialparents and other 171.13 interested persons, shallmust develop standards to be met by 171.14 persons who are responsible for supervising parenting time. 171.15 Either parent may challenge the appropriateness of an individual 171.16 chosen by the court to supervise parenting time. 171.17 Sec. 27. Minnesota Statutes 2000, section 518.175, 171.18 subdivision 2, is amended to read: 171.19 Subd. 2. [RIGHTS OF CHILDREN AND NONCUSTODIALPARENT.] 171.20 Upon the request of either parent, the court may inform any 171.21 child of the parties, if eight years of age or older, or 171.22 otherwise of an age of suitable comprehension, of the rights of 171.23 the child and the noncustodialeach parent under the order or 171.24 decree or any substantial amendment thereofof it. 171.25 The custodialparent shallwith whom the child resides must 171.26 present the child for parenting time with the noncustodialother 171.27 parent, at suchthe times asthe court directs. 171.28 Sec. 28. Minnesota Statutes 2000, section 518.175, 171.29 subdivision 3, is amended to read: 171.30 Subd. 3. [MOVE TO ANOTHER STATE.] The custodialparent 171.31 shallwith whom the child resides must not move the residence of 171.32 the child to another state except upon order of the court or 171.33 with the consent of the noncustodialother parent, whenif the 171.34 noncustodialother parent has been given parenting time by the 171.35 decree. If the purpose of the move is to interfere with 171.36 parenting time given to the noncustodialother parent by the 172.1 decree, the court shallmust not permit the child's residence to 172.2 be moved to another state. 172.3 Sec. 29. Minnesota Statutes 2000, section 518.175, 172.4 subdivision 5, is amended to read: 172.5 Subd. 5. [MODIFICATION OF PARENTING PLAN OR ORDER FOR 172.6 PARENTING TIME.] If modification would serve the best interests 172.7 of the child, the court shallmust modify the decision-making 172.8 provisions of a parenting plan or an order granting or denying 172.9 parenting time, if the modification would not change the child's 172.10 primary residence. Except as provided in section 631.52, the 172.11 court may not restrict parenting time unless it finds that: 172.12 (1) parenting time is likely to endanger the child's 172.13 physical or emotional health or impair the child's emotional 172.14 development; or 172.15 (2) the noncustodialparent has chronically and 172.16 unreasonably failed to comply with court-ordered parenting time. 172.17 If the custodiala parent makes specific allegations that 172.18 parenting time places the custodialparent or child in danger of 172.19 harm, the court shallmust hold a hearing at the earliest 172.20 possible time to determine the need to modify the order granting 172.21 parenting time. Consistent with subdivision 1a, the court may 172.22 require a third party, including the local social services 172.23 agency, to supervise the parenting time or may restrict a 172.24 parent's parenting time if necessary to protect the custodial172.25 other parent or child from harm. In addition, if there is an 172.26 existing order for protection governing the parties, the 172.27 court shallmust consider the use of an independent, neutral 172.28 exchange location for parenting time. 172.29 Sec. 30. Minnesota Statutes 2000, section 518.175, 172.30 subdivision 6, is amended to read: 172.31 Subd. 6. [REMEDIES.] (a) The court may provide for one or 172.32 more of the following remedies for denial of or interference 172.33 with court-ordered parenting time as provided under this 172.34 subdivision. All parenting time orders must include notice of 172.35 the provisions of this subdivision. 172.36 (b) If the court finds that a personparent has been 173.1 deprived of court-ordered parenting time, the court shallmust 173.2 order the custodialparent who has caused the deprivation to 173.3 permit additional parenting time to compensate for theallow 173.4 compensatory parenting time of which the person was deprivedto 173.5 the other parent or the court shallmust make specific findings 173.6 as to why a request for compensatory parenting time is denied. 173.7 If compensatory parenting time is awarded, additional parenting 173.8 time must be: 173.9 (1) at least of the same type and duration as the deprived 173.10 parenting time and, at the discretion of the court, may be in 173.11 excess of or of a different type than the deprived parenting 173.12 time; 173.13 (2) taken within one year after the deprived parenting 173.14 time; and 173.15 (3) at a time acceptable to the personparent deprived of 173.16 parenting time. 173.17 (c) If the court finds that a party has wrongfully failed 173.18 to comply with a parenting time order or a binding agreement or 173.19 decision under section 518.1751, the court may: 173.20 (1) impose a civil penalty of up to $500 on the party; 173.21 (2) require the party to post a bond with the court for a 173.22 specified period of time to secure the party's compliance; 173.23 (3) award reasonable attorney's fees and costs; 173.24 (4) require the party who violated the parenting time order 173.25 or binding agreement or decision of the parenting time expeditor 173.26 to reimburse the other party for costs incurred as a result of 173.27 the violation of the order or agreement or decision; or 173.28 (5) award any other remedy that the court finds to be in 173.29 the best interests of the children involved. 173.30 A civil penalty imposed under this paragraph must be 173.31 deposited in the county general fund and must be used to fund 173.32 the costs of a parenting time expeditor program in a county with 173.33 this program. In other counties, the civil penalty must be 173.34 deposited in the state general fund. 173.35 (d) If the court finds that a party has been denied 173.36 parenting time and has incurred expenses in connection with the 174.1 denied parenting time, the court may require the party who 174.2 denied parenting time to post a bond in favor of the other party 174.3 in the amount of prepaid expenses associated with upcoming 174.4 planned parenting time. 174.5 (e) Proof of an unwarranted denial of or interference with 174.6 duly established parenting time may constitute contempt of court 174.7 and may be sufficient cause for reversal of custody. 174.8 Sec. 31. Minnesota Statutes 2000, section 518.175, 174.9 subdivision 7, is amended to read: 174.10 Subd. 7. [GRANDPARENT VISITATION.] In all proceedings for 174.11 dissolution or legal separation, after the commencement of the 174.12 proceeding or at any time after completion of the proceedings, 174.13 and continuing during the child's minority of the child, the 174.14 court may make an order granting visitation rights to 174.15 grandparents underand other individuals as provided by section 174.16 257.022, subdivision 2. 174.17 Sec. 32. Minnesota Statutes 2000, section 518.175, 174.18 subdivision 8, is amended to read: 174.19 Subd. 8. [ADDITIONAL PARENTING TIME FOR CARE OF CHILD BY174.20 NONCUSTODIAL PARENT.] The court may allow additional parenting 174.21 time to the noncustodial parent to provide child care while the 174.22 custodial parent is working if this arrangement is reasonable 174.23 and in the best interests of the child, as defined in section 174.24 518.17, subdivision 1. In addition, the court shallmust 174.25 consider: 174.26 (1) the ability of the parents to cooperate; 174.27 (2) methods for resolving disputes regarding the care of 174.28 the child, and the parents' willingness to use those methods; 174.29 and 174.30 (3) whether domestic abuse, as defined in section 518B.01, 174.31 has occurred between the parties. 174.32 Sec. 33. Minnesota Statutes 2000, section 518.1751, 174.33 subdivision 1b, is amended to read: 174.34 Subd. 1b. [PURPOSE; DEFINITIONS.] (a) The purpose of a 174.35 parenting time expeditor is to resolve parenting time disputes 174.36 by enforcing, interpreting, clarifying, and addressing 175.1 circumstances not specifically addressed by an existing 175.2 parenting time order and, if appropriate, to make a 175.3 determination as to whether the existing parenting time order 175.4 has been violated. A parenting time expeditor may be appointed 175.5 to resolve a one-time parenting time dispute or to provide 175.6 ongoing parenting time dispute resolution services. 175.7 (b) For purposes of this section, "parenting time dispute" 175.8 means a disagreement among parties about parenting time with a 175.9 child, including a dispute about an anticipated denial of future 175.10 scheduled parenting time. "Parenting time dispute" includes a 175.11 claim by a custodialparent that a noncustodialthe other parent 175.12 is not spending time with a child as well as a claim by 175.13 a noncustodialparent that a custodialthe other parent is 175.14 denying or interfering with parenting time. 175.15 (c) A "parenting time expeditor" is a neutral person 175.16 authorized to use a mediation-arbitration process to resolve 175.17 parenting time disputes. A parenting time expeditor shallmust 175.18 attempt to resolve a parenting time dispute by facilitating 175.19 negotiations between the parties to promote settlement and,. If 175.20 it becomes apparent that the dispute cannot be resolved by an 175.21 agreement of the parties, the parenting time expeditor shall175.22 must make a decision resolving the dispute. 175.23 Sec. 34. Minnesota Statutes 2000, section 518.1751, 175.24 subdivision 2, is amended to read: 175.25 Subd. 2. [APPOINTMENT.] (a) The parties may stipulate to 175.26 the appointment of a parenting time expeditor or a team of two 175.27 expeditors without appearing in court by submitting to the court 175.28 a written agreement identifying the names of the individuals to 175.29 be appointed by the court; the nature of the dispute; the 175.30 responsibilities of the parenting time expeditor, including 175.31 whether the expeditor is appointed to resolve a specific issue 175.32 or on an ongoing basis; the term of the appointment; and the 175.33 apportionment of fees and costs. The court shallmust review 175.34 the agreement of the parties. 175.35 (b) If the parties cannot agree on a parenting time 175.36 expeditor, the court shallmust provide to the partiesthem with 176.1 a copy of the court administrator's roster of parenting time 176.2 expeditors and require the parties to exchange the names of 176.3 three potential parenting time expeditors by a specific date. 176.4 If after exchanging names the parties are unable to agree upon a 176.5 parenting time expeditor, the court shallmust select the 176.6 parenting timeexpeditor and, in its discretion, may appoint one 176.7 expeditor or a team of two expeditors. In the selection process 176.8 the court must give consideration to the financial circumstances 176.9 of the parties and the fees of those being considered 176.10 as parenting timeexpeditors. Preference must be given to 176.11 persons who agree to volunteer their services or who will charge 176.12 a variable fee for services based on the ability of the parties 176.13 to pay for them. 176.14 (c) An order appointing a parenting time expeditor must 176.15 identify the name of the individual to be appointed, the nature 176.16 of the dispute, the responsibilities of the expeditor including 176.17 whether the expeditor is appointed to resolve a specific issue 176.18 or on an ongoing basis, the term of the appointment, the 176.19 apportionment of fees, and notice that if the parties are unable 176.20 to reach an agreement with the expeditor's assistance of the176.21 expeditor, the expeditor is authorized to make a decision 176.22 resolving the dispute which is binding upon the parties unless 176.23 modified or vacated by the court. 176.24 Sec. 35. Minnesota Statutes 2000, section 518.1751, 176.25 subdivision 2a, is amended to read: 176.26 Subd. 2a. [FEES.] Prior toBefore appointing the parenting 176.27 time expeditor, the court shallmust give the parties notice 176.28 that the expeditor's fees of the expeditorwill be apportioned 176.29 among the parties. In its order appointing the expeditor, the 176.30 court shallmust apportion the expeditor's fees of the expeditor176.31 among the parties, with each party bearing the portion of fees 176.32 that the court determines is just and equitable under the 176.33 circumstances. If a party files a pro se motion regarding a 176.34 parenting time dispute and there is not aan existing court 176.35 order that provides for apportionment ofapportioning the fees 176.36 of an expeditor, the court administrator may require the party 177.1 requesting theappointment of an expeditor to pay the 177.2 expeditor's fees of the expeditorin advance. Neither party may 177.3 be required to submit a dispute to a visitationan expeditor if 177.4 the party cannot afford to pay forthe fees of an expeditorand 177.5 an affordable expeditor is not available, unless the other party 177.6 agrees to pay the fees. After fees are incurred, a party may by 177.7 motion request that the fees be reapportioned on equitable 177.8 grounds. The court may consider the resources of the parties, 177.9 the nature of the dispute, and whether a party acted in bad 177.10 faith. The court may consider information from the expeditor in 177.11 determining bad faith. 177.12 Sec. 36. Minnesota Statutes 2000, section 518.1751, 177.13 subdivision 2b, is amended to read: 177.14 Subd. 2b. [ROSTER OF PARENTING TIME EXPEDITORS.] EachThe 177.15 court administrator shallmust maintain and make available 177.16 to judicial officers and the public and judicial officersa 177.17 roster of individuals available to serve as parenting time 177.18 expeditors , including. The roster must include each 177.19 individual's name, address, telephone number, and fee charged, 177.20 if any. A court administrator shallmust not place on the 177.21 roster the name of an individual who has not completed the 177.22 training required in subdivision 2c. If the use of a parenting177.23 timean expeditor is initiated by stipulation of the parties, 177.24 the parties may agree upon a person to serve as an expeditor 177.25 even if that person has not completed the training described in 177.26 subdivision 2c. The court may appoint a person to serveas an 177.27 expeditor even if thea person who is not on the court 177.28 administrator's roster, but may not appoint a person who has not 177.29 completed the training described in subdivision 2c, unless so 177.30 stipulated by the parties. To maintain one's listing on a court 177.31 administrator's roster of parenting time expeditors, an 177.32 individual shallmust annually submit to the court administrator 177.33 proof of completion of continuing education requirements. 177.34 Sec. 37. Minnesota Statutes 2000, section 518.1751, 177.35 subdivision 2c, is amended to read: 177.36 Subd. 2c. [TRAINING AND CONTINUING EDUCATION 178.1 REQUIREMENTS.] To qualify for listing on a court administrator's 178.2 roster of parenting time expeditors, an individual shallmust 178.3 complete a minimum of 40 hours of family mediation training that 178.4 has been certified by the Minnesota supreme court , which. The 178.5 training must include certified training in domestic abuse 178.6 issues as required under Rule 114 of the Minnesota General Rules 178.7 of Practice for the District Courts. To maintain one's listing178.8 remain listed on a court administrator's roster of parenting 178.9 time expeditors, an individual shallmust annually attend three 178.10 hours of continuing education about alternative dispute 178.11 resolution subjects. 178.12 Sec. 38. Minnesota Statutes 2000, section 518.1751, 178.13 subdivision 3, is amended to read: 178.14 Subd. 3. [AGREEMENT OR DECISION.] (a) Within five days of 178.15 notice of the appointment, or within five days of notice of a 178.16 subsequent parenting time dispute between the same parties, the 178.17 parenting time expeditor shallmust meet with the parties 178.18 together or separately and shallmake a diligent effort to 178.19 facilitate an agreement to resolve the dispute. If a parenting 178.20 time dispute requires immediate resolution, the parenting time178.21 expeditor may confer with the parties through a telephone 178.22 conference or similar means. An expeditor may make a decision 178.23 without conferring with a party if the expeditor made a good 178.24 faith effort to confer with the party, but the party chose not 178.25 to participate in resolution of the dispute. 178.26 (b) If the parties do not reach an agreement, the expeditor 178.27 shallmust make a decision resolving the dispute as soon as 178.28 possible, but not later than five days after receiving all 178.29 information necessary to make a decision and after the final 178.30 meeting or conference with the parties. The expeditor is 178.31 authorized to award compensatory parenting time under section 178.32 518.175, subdivision 6, and may recommend to the court that the 178.33 noncomplying party pay attorney's fees, court costs, and other 178.34 costs under section 518.175, subdivision 6, paragraph (d), if 178.35 the parenting time order has been violated. The expeditor shall178.36 not loseretains the authority to make a decision if 179.1 circumstances beyond the expeditor's control make it 179.2 impracticable to meet the five-day timelines. 179.3 (c) Unless the parties mutually agree, the parenting time 179.4 expeditor shallmust not make a decision that is inconsistent 179.5 with an existing parenting time order, but may make decisions 179.6 interpreting or clarifying a parenting time order, including the 179.7 development of a specific schedule when the existing court order 179.8 grants "reasonable parenting time." 179.9 (d) The expeditor shallmust put an agreement or decision 179.10 in writing and provide a copy to the parties. The expeditor may 179.11 include or omit reasons for the agreement or decision. An 179.12 agreement of the parties or a decision of the expeditor is 179.13 binding on the parties unless vacated or modified by the court. 179.14 If a party does not comply with an agreement of the parties or a 179.15 decision of the expeditor, any party may bring a motion with the 179.16 court and shallmust attach a copy of the parties' written 179.17 agreement or decision of the expeditor. The court may enforce, 179.18 modify, or vacate the agreement of the parties or the decision 179.19 of the expeditor. 179.20 Sec. 39. Minnesota Statutes 2000, section 518.176, is 179.21 amended to read: 179.22 518.176 [JUDICIAL SUPERVISION.] 179.23 Subdivision 1. Except as otherwise agreed by the parties179.24 in writing at the time of the custody order,(a) The custodian179.25 parent with whom the child resides may determine the child's 179.26 upbringing, including education, health care, and religious 179.27 training, unless: 179.28 (1) otherwise agreed by the parties in writing at the time 179.29 of the custody order; or 179.30 (2) upon motion by the other parent, the court after 179.31 hearing ,finds , upon motion by the noncustodial parent,that in 179.32 the absence of a specific limitation of the custodian's179.33 authority of the parent with whom the child resides, the child's 179.34 physical or emotional health is likely to be endangered or the 179.35 child's emotional development impaired. 179.36 Subd. 2.(b) If both parents or all contestants agree to 180.1 the order, or if the court finds that in the absence of the 180.2 order the child's physical or emotional health is likely to be 180.3 endangered or the child's emotional development impaired, the 180.4 court may order the local social services agency or the 180.5 department of court services to exercise continuing supervision 180.6 over the case under guidelines established by the court to 180.7 assure that the custodial or parenting time terms of the decree 180.8 are carried out. 180.9 Sec. 40. Minnesota Statutes 2000, section 518.177, is 180.10 amended to read: 180.11 518.177 [NOTIFICATION REGARDING DEPRIVATION OF PARENTAL 180.12 RIGHTS LAW.] 180.13 EveryA court order and judgment and decree concerning 180.14 custody of or parenting time or visitation with a minor child 180.15 shallmust contain the notice set out in section 518.68, 180.16 subdivision 2. 180.17 Sec. 41. Minnesota Statutes 2000, section 518.178, is 180.18 amended to read: 180.19 518.178 [PARENTING TIME AND SUPPORT REVIEW HEARING.] 180.20 Upon motion of either party, the court shallmust conduct a 180.21 hearing to review compliance with the parenting time and child 180.22 support provisions set forthin a decree of dissolution or legal 180.23 separation or an order that establishes child custody, parenting 180.24 time, and support rights and obligations of parents. The state 180.25 court administrator shallmust prepare, and each court 180.26 administrator shallmust make available, simplified pro se forms 180.27 for reviewing parenting time and child support disputes. The 180.28 court may impose any parenting time enforcement remedy available 180.29 under sections 518.175 and 518.1751, and any support enforcement 180.30 remedy available under section 518.551. 180.31 Sec. 42. Minnesota Statutes 2000, section 518.179, 180.32 subdivision 1, is amended to read: 180.33 Subdivision 1. [SEEKING CUSTODY OR PARENTING TIME.] 180.34 Notwithstanding any contrary provision in section 518.17 or 180.35 518.175, ifa person seeking child custody or parenting time who 180.36 has been convicted of a crime described in subdivision 2 , the181.1 person seeking custody or parenting timehas the burden to prove 181.2 that custody or parenting time by that person is in the best 181.3 interests of the child if: 181.4 (1) the conviction occurred within the preceding five 181.5 years; 181.6 (2) the person is currently incarcerated, on probation, or 181.7 under supervised release for the offense; or 181.8 (3) the victim of the crime was a family or household 181.9 member as defined in section 518B.01, subdivision 2. 181.10 If this section applies, the court may not grant custody or 181.11 parenting time to the person unless it finds that the custody or 181.12 parenting time is in the best interests of the child. If the 181.13 victim of the crime was a family or household member, the 181.14 standard of proof is clear and convincing evidence. A guardian 181.15 ad litem must be appointed in any case where this section 181.16 applies. 181.17 Sec. 43. Minnesota Statutes 2000, section 518.18, is 181.18 amended to read: 181.19 518.18 [MODIFICATION OF ORDER.] 181.20 (a) Unless agreed to in writing by the parties, no motion 181.21 to modify a custody order or parenting plan may be made earlier 181.22 than one year after the date of the entry of a decree of 181.23 dissolution or legal separation containing a provision dealing 181.24 with custody, except in accordance with paragraph (c). 181.25 (b) If a motion for modification has been heard, whether or 181.26 not it was granted, unless agreed to in writing by the parties 181.27 no subsequent motion may be filed within two years after 181.28 disposition of the prior motion on its merits, except in 181.29 accordance with paragraph (c). 181.30 (c) The time limitations prescribed in paragraphs (a) and 181.31 (b) shalldo not prohibit a motion to modify a custody order or 181.32 parenting plan if the court finds that there is persistent and 181.33 willful denial or interference with parenting time, or has 181.34 reason to believe that the child's present environment may 181.35 endanger the child's physical or emotional health or impair the 181.36 child's emotional development. 182.1 (d) If theA court that has jurisdiction to determine child 182.2 custody matters , the court shallmust not modify a prior custody 182.3 order or a parenting plan provision whichthat specifies the 182.4 child's primary residence unless it finds , upon the basis of182.5 facts, including unwarranted denial of, or interference with, a182.6 duly established parenting time schedule, that have arisen since182.7 the prior order or that were unknown to the court at the time of182.8 the prior order,that a change has occurred in the circumstances 182.9 of the child or the parties and that the modification is 182.10 necessary to serve the best interests of the child. The court 182.11 must make its finding upon the basis of facts, including 182.12 unwarranted denial of, or interference with, a duly established 182.13 parenting time schedule, that have arisen since the prior order 182.14 or that were unknown to the court at the time of the prior order. 182.15 In applying these standards the court shallmust retain the 182.16 custody arrangement or the parenting plan provision specifying 182.17 the child's primary residence that was established by the prior 182.18 order unless: 182.19 (i) the court finds that a change in the custody 182.20 arrangement or primary residence is in the best interests of the 182.21 child and the parties previously agreed, in a writing approved 182.22 by a court, to apply the best interests standard in section 182.23 518.17 or 257.025, as applicable; and, with respect to 182.24 agreements approved by a court on or after April 28, 2000, both 182.25 parties were represented by counsel when the agreement was 182.26 approved or the court found the parties were fully informed, the 182.27 agreement was voluntary, and the parties were aware of its 182.28 implications; 182.29 (ii) both parties agree to the modification; 182.30 (iii) the child has been integrated into the family of the 182.31 petitioner with the consent of the other party; or 182.32 (iv) the child's present environment endangers the child's 182.33 physical or emotional health or impairs the child's emotional 182.34 development and the harm likely to be caused by a change of 182.35 environment is outweighed by the advantage of a change to the 182.36 child. 183.1 In addition,(e) A court may modify a custody order or 183.2 parenting plan under section 631.52. 183.3 (e)(f) In deciding whether to modify a prior joint custody 183.4 order, the court shallmust apply the standards set forth in 183.5 paragraph (d) unless: 183.6 (1) the parties agree in writing to the application of a 183.7 different standard ,; or 183.8 (2) the party seeking the modification is asking the court 183.9 for permission to move the residence of the child to another 183.10 state. 183.11 (f) If a custodial parent has been granted sole physical183.12 custody of a minor and the child subsequently lives with the183.13 noncustodial parent, and temporary sole physical custody has183.14 been approved by the court or by a court-appointed referee,(g) 183.15 The court may suspend the noncustodial parent'sobligor's child 183.16 support obligation pending thea final custody determination if: 183.17 (1) the obligee has been granted sole physical custody of a 183.18 child; 183.19 (2) the child subsequently lives with the obligor; and 183.20 (3) a temporary sole custody order has been approved by the 183.21 court or a court-approved referee. 183.22 The court'sA court order denying the suspension of child 183.23 support under this paragraph must include a written explanation 183.24 of the reasons why continuation of the child support obligation 183.25 would be in the best interests of the child. 183.26 (h) A party seeking modification of a custody order must 183.27 submit with moving papers an affidavit setting forth facts 183.28 supporting the requested modification. The party must give 183.29 notice and a copy of the affidavit to other parties to the 183.30 proceeding, who may file opposing affidavits. 183.31 Sec. 44. Minnesota Statutes 2000, section 518.612, is 183.32 amended to read: 183.33 518.612 [INDEPENDENCE OF PROVISIONS OF DECREE OR TEMPORARY 183.34 ORDER.] 183.35 Failure by a party to make support payments is not a183.36 defense to: interference with parenting time; or without the184.1 permission of the court or the noncustodial parent removing a184.2 child from this state. Nor is interference with parenting time184.3 or taking a child from this state without permission of the184.4 court or the noncustodial parent a defense to nonpayment of184.5 support. If a party fails to make support payments, or184.6 interferes with parenting time, or without permission of the184.7 court or the noncustodial parent removes a child from this184.8 state, the other party may petition the court for an appropriate184.9 order.184.10 (a) An obligor may not assert as a defense to failure to 184.11 pay child support that the obligee interfered with parenting 184.12 time or removed the child from the state without permission of 184.13 the obligor or the court. 184.14 (b) An obligee may not assert as a defense to interference 184.15 with parenting time or removing the child from the state without 184.16 permission of the obligor or the court, that the obligor failed 184.17 to pay child support. 184.18 (c) A party may petition the court for an appropriate order 184.19 if the other party: 184.20 (1) fails to make support payments; 184.21 (2) interferes with parenting time; or 184.22 (3) removes a child from this state without permission of 184.23 the court or the other parent. 184.24 Sec. 45. Minnesota Statutes 2000, section 518.619, is 184.25 amended to read: 184.26 518.619 [CUSTODY OR VISITATIONPARENTING TIME; MEDIATION 184.27 SERVICES.] 184.28 Subdivision 1. [MEDIATION PROCEEDING.] Except as provided 184.29 in subdivision 2, if it appears on the face of the petition or 184.30 other application for an order or modification of an order for 184.31 thechild custody of a childthat custody or parenting time is 184.32 contested, or that any issue pertinent to a custody or parenting 184.33 time determination, including parenting time rights, is 184.34 unresolved, the matter may be set for mediation of the contested 184.35 issue prior tobefore, concurrent with, or subsequent to the184.36 after setting ofthe matter for hearing. The purpose of the 185.1 mediation proceeding is to reduce acrimony whichthat may exist 185.2 between the parties and to develop an agreement that is 185.3 supportive of the child's best interests. The mediator shall185.4 must use best efforts to effect a settlement of the custody or 185.5 parenting time dispute, but shall havehas no coercive authority. 185.6 Subd. 2. [EXCEPTION.] If the court determines that there 185.7 is probable cause that one of the parties, or a child of a 185.8 party, has been physically or sexually abused by the othera 185.9 party, the court shallmust not require or refer the parties to 185.10 mediation or any other process that requires parties to meet and 185.11 confer without counsel, if any, present. 185.12 Subd. 3. [MEDIATOR APPOINTMENT.] In order to participate 185.13 in a custody mediation, a mediator must be appointed by the 185.14 family court. A mediator must be a member of the professional 185.15 staff of a family court, probation department, mental health 185.16 services agency, or a private mediation service. The mediator 185.17 must be on a list of mediators approved by the court having 185.18 jurisdiction of the matter, unless the parties stipulate to a 185.19 mediator not on the list. 185.20 Subd. 4. [MEDIATOR QUALIFICATIONS.] A mediator who 185.21 performs mediation in contested child custody matters shallmust 185.22 meet the following minimum qualifications: 185.23 (a)(1) knowledge of the court system and the procedures 185.24 used in contested child custody matters; 185.25 (b)(2) knowledge of other resources in the community to 185.26 which the parties to contested child custody matters can be 185.27 referred for assistance; 185.28 (c)(3) knowledge of child development, clinical issues 185.29 relating to children, the effects of marriage dissolution on 185.30 children, and child custody research; and 185.31 (d)(4) a minimum of 40 hours of certified mediation 185.32 training. 185.33 Subd. 5. [RECORDS; PRIVATE DATA.] Mediation proceedings 185.34 shallmust be conducted in private. All records of a mediation 185.35 proceeding shall beare private and not available as evidence in 185.36 an action for marriage dissolution and related proceedings on 186.1 any issue in controversy in the dissolution. 186.2 Subd. 6. [MEDIATOR RECOMMENDATIONS.] When the parties have 186.3 not reached agreement as a result of the mediation proceeding, 186.4 the mediator may recommend to the court that an investigation be 186.5 conducted under section 518.167, or that other action be taken 186.6 to assist the parties to resolve the controversy before hearing 186.7 on the issues. The mediator may not conduct the investigation 186.8 or evaluation unless: (1) the parties agree in a writing, 186.9 executed after the termination of mediation, that the mediator 186.10 may conduct the investigation or evaluation, or (2) there is no 186.11 other person reasonably available to conduct the investigation 186.12 or evaluation. The mediator may recommend that mutual 186.13 restraining orders be issued in appropriate cases, pending 186.14 determination of the controversy, to protect the well-being of 186.15 the children involved in the controversy. 186.16 Subd. 7. [MEDIATION AGREEMENT.] An agreement reached by 186.17 the parties as a result of mediation shallmust be discussed by 186.18 the parties with their attorneys, if any , and. The approved 186.19 agreement may then be included in the marital dissolution decree 186.20 or other stipulation submitted to the court. An agreement 186.21 reached by the parties as a result of mediation may not be 186.22 presented to the court nor made enforceable unless the parties 186.23 and their counsel, if any, consent to its presentation to the 186.24 court, and the court adopts the agreement. 186.25 Subd. 8. [RULES.] Each court shallmust adopt rules to 186.26 implement this section, and shallmust compile and maintain a 186.27 list of mediators. 186.28 Sec. 46. [INSTRUCTION TO REVISOR.] 186.29 The revisor of statutes must renumber the sections in 186.30 Minnesota Statutes 2000 listed in column A as indicated in 186.31 column B and correct cross-references to those sections 186.32 throughout Minnesota Statutes and Minnesota Rules. 186.33 A B 186.34 518.003, subd. 3 517B.01, subd. 2 186.35 518.003, subd. 5 517B.01, subd. 3 186.36 518.155 517B.02 187.1 518.156 517B.13 187.2 518.157 517B.06 187.3 518.158, subd. 1 517B.22, subd. 2 187.4 518.158, subd. 2 517B.22, subd. 3 187.5 518.158, subd. 3 517B.22, subd. 4 187.6 518.158, subd. 4 517B.22, subd. 5 187.7 518.158, subd. 5 517B.22, subd. 1 187.8 518.165 517B.08 187.9 518.166 517B.14 187.10 518.167 517B.15 187.11 518.168 517B.16 187.12 518.1705 517B.25 187.13 518.175, subd. 1 517B.27, subd. 1 187.14 518.175, subd. 1a 517B.27, subd. 2 187.15 518.175, subd. 2 517B.27, subd. 3 187.16 518.175, subd. 3 517B.27, subd. 4 187.17 518.175, subd. 5 517B.27, subd. 6 187.18 518.175, subd. 6 517B.27, subd. 7 187.19 518.175, subd. 7 517B.30 187.20 518.175, subd. 8 517B.27, subd. 8 187.21 518.1751, subd. 1 517B.28, subd. 1 187.22 518.1751, subd. 1a 517B.28, subd. 2 187.23 518.1751, subd. 1b 517B.28, subd. 3 187.24 518.1751, subd. 2 517B.28, subd. 6 187.25 518.1751, subd. 2a 517B.28, subd. 7 187.26 518.1751, subd. 2b 517B.28, subd. 4 187.27 518.1751, subd. 2c 517B.28, subd. 5 187.28 518.1751, subd. 3 517B.28, subd. 8 187.29 518.1751, subd. 4 517B.28, subd. 13 187.30 518.1751, subd. 4a 517B.28, subd. 9 187.31 518.1751, subd. 5 517B.28, subd. 10 187.32 518.1751, subd. 5a 517B.28, subd. 11 187.33 518.1751, subd. 6 517B.28, subd. 12 187.34 518.176 517B.20 187.35 518.177 517B.04 187.36 518.178 517B.27, subd. 5 188.1 518.179 517B.09 188.2 518.18 517B.21 188.3 518.183 517B.26 188.4 518.612 517B.10 188.5 518.619 517B.07 188.6 Sec. 47. [REPEALER.] 188.7 Minnesota Statutes 2000, sections 518.17; and 518.185, are 188.8 repealed. 188.9 ARTICLE 14 188.10 CHILD SUPPORT 188.11 Section 1. Minnesota Statutes 2000, section 256.9791, is 188.12 amended to read: 188.13 256.9791 [MEDICAL SUPPORT BONUS INCENTIVES.] 188.14 Subdivision 1. [BONUS INCENTIVE.] (a) A bonus incentive 188.15 program is created to increase the identification and 188.16 enforcement by county agencies of dependent health insurance188.17 coverage for persons who are receiving medical assistance under188.18 section 256B.055 andchildren and family units for whom the 188.19 county agency is providing child support enforcement services. 188.20 (b) The bonus shall be awarded to a county child support 188.21 agency for each personchild for whom coverage is identified and 188.22 enforced by the child support enforcement program when the188.23 obligor is undera court order to provide dependent health 188.24 insurancecoverage is in effect. 188.25 (c) Bonus incentive funds under this section must be 188.26 reinvested in the county child support enforcement program and a 188.27 county may not reduce funding of the child support enforcement 188.28 program by the amount of the bonus earned. 188.29 Subd. 2. [DEFINITIONS.] For the purpose of this section, 188.30 the following definitions apply. 188.31 (a) "Case" means a family unit that is receiving medical188.32 assistance under section 256B.055 andfor whom the county agency 188.33 is providing child support enforcement services. 188.34 (b) "Commissioner" means the commissioner of the department 188.35 of human services. 188.36 (c) "County agency" means the county child support 189.1 enforcement agency. 189.2 (d) "Coverage" means initial dependent health insurance 189.3 benefits for a case or individual memberchild of a case, or 189.4 medical assistance under section 256B.055 and MinnesotaCare 189.5 under section 256L.07. 189.6 (e) "Enforce" or "enforcement" means obtaining proof of 189.7 current or future dependent health insurancecoverage through an 189.8 overt act by the county agency. 189.9 (f) "Enforceable order" means a child support court order 189.10 containing the statutory language in section 518.171517C.15 or 189.11 other language ordering an obligora parent to provide dependent 189.12 health insurancecoverage. 189.13 (g) "Identify" or "identification" means obtaining proof of 189.14 dependent health insurancecoverage through an overt act by the 189.15 county agency. 189.16 Subd. 3. [ELIGIBILITY; REPORTING REQUIREMENTS.] (a) In 189.17 order for a county to be eligible to claim a bonus incentive 189.18 payment, the county agency must provide the required information 189.19 for each public assistancecase no later than June 30 of each 189.20 year to determine eligibility. The public authority shall use 189.21 the information to establish for each county the number of cases 189.22 in which (1) the court has established an obligation for 189.23 coverage by the obligor, and (2) coverage was in effect as of 189.24 June 30. 189.25 (b) A county that fails to provide the required information 189.26 by June 30 of each fiscal year is not eligible for any bonus 189.27 payments under this section for that fiscal year. 189.28 Subd. 4. [RATE OF BONUS INCENTIVE.] The rate of the bonus 189.29 incentive shall be determined according to paragraph (a). 189.30 (a) When a county agency has identified or enforced 189.31 coverage, the county shall receive $50 for each additional189.32 personchild for whom coverage is identified or enforced. 189.33 (b) Bonus payments according to paragraph (a) are limited 189.34 to one bonus for each covered personchild each time the county 189.35 agency identifies or enforces previously unidentified 189.36 health insurancecoverage and apply only to coverage identified 190.1 or enforced after July 1, 1990. 190.2 Subd. 5. [CLAIMS FOR BONUS INCENTIVE.] (a) Beginning July 190.3 1, 1990, county agencies shall file a claim for a medical 190.4 support bonus payment by reporting to the commissioner the 190.5 following information for each case where dependent health 190.6 insurancecoverage is identified or enforced as a result of an 190.7 overt act of the county agency: 190.8 (1) child support enforcement system case number or county 190.9 specific case number; 190.10 (2) names and dates of birth for each personchild covered; 190.11 and 190.12 (3) the effective date of coverage. 190.13 (b) The report must be made upon enrollment in coverage but 190.14 no later than September 30 for coverage identified or 190.15 established during the preceding fiscal year. 190.16 (c) The county agency making the initial contact resulting 190.17 in the establishment of coverage is the county agency entitled 190.18 to claim the bonus incentive even if the case is transferred to 190.19 another county agency prior to the time coverage is established. 190.20 (d) Disputed claims must be submitted to the commissioner 190.21 and the commissioner's decision is final. 190.22 Subd. 6. [DISTRIBUTION.] (a) Bonus incentives must be 190.23 issued to the county agency quarterly, within 45 days after the 190.24 last day of each quarter for which a bonus incentive is being 190.25 claimed, and must be paid up to the limit of the appropriation 190.26 in the order in which claims are received. 190.27 (b) Total bonus incentives must be computed by multiplying 190.28 the number of personschildren included in claims submitted in 190.29 accordance with this section by the applicable bonus payment as 190.30 determined in subdivision 4. 190.31 (c) The county agency must repay any bonus erroneously 190.32 issued. 190.33 (d) A county agency must maintain a record of bonus 190.34 incentives claimed and received for each quarter. 190.35 Sec. 2. [517C.01] [TITLE.] 190.36 This chapter may be cited as the "Minnesota Child Support 191.1 Act." 191.2 Sec. 3. [517C.02] [DEFINITIONS.] 191.3 Subdivision 1. [SCOPE.] The definitions in this section 191.4 apply to this chapter. 191.5 Subd. 2. [ARREARS.] "Arrears" means amounts owed under a 191.6 support order that are past due. It includes child support, 191.7 pregnancy and confinement expenses, attorney fees, and any other 191.8 obligations addressed in a support order. 191.9 Subd. 3. [BUSINESS DAY.] "Business day" means a day on 191.10 which state offices are open for regular business. 191.11 Subd. 4. [CHILD.] "Child" means an individual under 18 191.12 years of age, an individual under age 20 who is still attending 191.13 secondary school, or an individual who, by reason of physical or 191.14 mental condition, is incapable of self-support. 191.15 Subd. 5. [CHILD SUPPORT.] "Child support" means: 191.16 (1) an award in a dissolution, legal separation, annulment, 191.17 or parentage proceeding for the care, support, and education of 191.18 a child of the marriage or of the parties to the proceeding; 191.19 (2) a contribution by parents ordered under section 256.87; 191.20 or 191.21 (3) support ordered under chapter 518B or 518C. 191.22 Subd. 6. [DEPOSIT ACCOUNT.] "Deposit account" means funds 191.23 deposited with a financial institution in the form of a savings 191.24 account, checking account, NOW account, or demand deposit 191.25 account. 191.26 Subd. 7. [FINANCIAL INSTITUTION.] "Financial institution" 191.27 means a savings association, bank, trust company, credit union, 191.28 industrial loan and thrift company, bank and trust company, or 191.29 savings association, and includes a branch or detached facility 191.30 of a financial institution. 191.31 Subd. 8. [OBLIGEE.] "Obligee" means a person to whom 191.32 payments for child support are owed. 191.33 Subd. 9. [OBLIGOR.] "Obligor" means a person obligated to 191.34 pay child support. A person who is designated as the sole 191.35 physical custodian of a child is presumed not to be an obligor 191.36 for purposes of calculating current support unless the court 192.1 makes specific written findings to overcome this presumption. 192.2 Subd. 10. [PAYMENT.] "Payment" means the payment of child 192.3 support, child care support, medical support, and related 192.4 payments required by order of a tribunal, voluntary support, or 192.5 statutory fees. 192.6 Subd. 11. [PAYOR OF FUNDS.] "Payor of funds" means a 192.7 person or entity that provides funds to an obligor, including an 192.8 employer as defined under chapter 24 of the Internal Revenue 192.9 Code, section 3401(d), an independent contractor, payor of 192.10 workers' compensation benefits or reemployment compensation, or 192.11 a financial institution as defined in section 13B.06. 192.12 Subd. 12. [PUBLIC AUTHORITY.] "Public authority" means the 192.13 local unit of government, acting on behalf of the state, that is 192.14 responsible for child support enforcement or the child support 192.15 enforcement division of the department of human services. 192.16 Subd. 13. [SUBSEQUENT CHILD.] "Subsequent child" means a 192.17 child born after the child who is the subject of the child 192.18 support proceeding. 192.19 Subd. 14. [SUPPORT ORDER.] (a) "Support order" means a 192.20 judgment, decree, or order, whether temporary, final, or subject 192.21 to modification, issued by a court or administrative agency of 192.22 competent jurisdiction that: 192.23 (1) provides for the support of a child, including a child 192.24 who has attained the age of majority under the law of the 192.25 issuing state; 192.26 (2) provides for monetary support, child care, medical 192.27 support including expenses for confinement and pregnancy, 192.28 arrears, or reimbursement; and 192.29 (3) may include related costs and fees, interest and 192.30 penalties, income withholding, and other relief. 192.31 (b) The definition in paragraph (a) applies to orders 192.32 issued under this chapter and chapters 256, 257, 518B, and 518C. 192.33 Subd. 15. [TRIBUNAL.] "Tribunal" has the meaning given in 192.34 section 518C.101. 192.35 Sec. 4. [517C.03] [PROCEDURAL RULES.] 192.36 The supreme court may promulgate rules to be used in child 193.1 support cases. 193.2 Sec. 5. [517C.04] [CHILD SUPPORT ORDERS.] 193.3 Subdivision 1. [ORDER.] (a) Upon dissolution of marriage, 193.4 legal separation, annulment, establishment of paternity, or when 193.5 otherwise required by statute, the court must order child 193.6 support as provided by this chapter. 193.7 (b) Nothing contained in this chapter limits the power of 193.8 the court to make appropriate, adequate orders for the support 193.9 and education of a child of the parties to a dissolution, legal 193.10 separation, or annulment action if the dissolution, legal 193.11 separation, or annulment is denied. 193.12 Subd. 2. [PROVISIONS.] Child support orders must provide 193.13 for general child rearing costs, or basic needs, and must also 193.14 specifically address medical care and child care costs, 193.15 providing for those costs pursuant to this chapter. 193.16 Subd. 3. [AGREEMENTS.] If the parties stipulate or agree 193.17 to a child support order, the court must review the agreement to 193.18 ensure it serves the best interests of the child. The supreme 193.19 court may promulgate rules regarding the review of stipulations 193.20 and agreements. The court may refuse to accept or may alter an 193.21 agreement that does not conform with the requirements of this 193.22 chapter or that is otherwise not in the best interests of the 193.23 child. 193.24 Subd. 4. [PREFERENCE FOR SPECIFIC DOLLAR AMOUNT.] (a) 193.25 There is a presumption in favor of ordering child support in a 193.26 specific dollar amount, as opposed to a percentage of income. 193.27 (b) The court may order an obligor to pay child support in 193.28 the form of a percentage share of the obligor's net bonuses, 193.29 commissions, or other forms of compensation, in addition to, or 193.30 if the obligor receives no base pay, in lieu of an order for a 193.31 specific dollar amount. 193.32 Subd. 5. [PREFERENCE FOR MONTHLY PAYMENT.] There is a 193.33 presumption in favor of ordering child support in an amount that 193.34 reflects an obligor's monthly obligation. 193.35 Subd. 6. [PREFERENCE FOR STATIC PAYMENT.] (a) There is a 193.36 presumption in favor of ordering child support so that an 194.1 obligor makes the same monthly payments throughout the year, as 194.2 opposed to payment amounts that fluctuate by season or month. 194.3 If the obligor is seasonally employed, it is generally the 194.4 responsibility of the obligor to budget income accordingly. 194.5 Subd. 7. [ACCOUNTING FOR CHILD SUPPORT BY OBLIGEE.] (a) 194.6 Upon the motion of an obligor, a court may order an obligee to 194.7 account for the use or disposition of child support received. 194.8 The motion must assert the specific allegations of abuse or 194.9 misapplication of child support received and that a child's 194.10 needs are not being met. If the court orders a hearing, the 194.11 court may order an accounting only if the obligor establishes 194.12 the specific allegations of abuse or misapplication of child 194.13 support received and that the child's needs are not being met. 194.14 (b) If the court orders an accounting under paragraph (a), 194.15 the obligee must provide documentation that breaks down monthly 194.16 expenditures of child support received into the following 194.17 categories: 194.18 (1) housing and utilities; 194.19 (2) food; 194.20 (3) transportation; 194.21 (4) clothing; 194.22 (5) health care; 194.23 (6) child care and education; and 194.24 (7) miscellaneous. 194.25 An obligee may account for expenditures on housing, utilities, 194.26 food, and transportation that are attributable to multiple 194.27 household members on a per capita basis. 194.28 (c) If the court finds that an obligee does not make the 194.29 accounting required under paragraph (b) or the obligee does not 194.30 spend the entire child support payment on behalf of the child, 194.31 the court may: 194.32 (1) hold the obligee in contempt of court; 194.33 (2) reduce or eliminate the obligor's child support 194.34 obligation; 194.35 (3) order the obligee to make future expenditures on behalf 194.36 of the child, whether in whole or in part, in a manner that 195.1 documents the transaction; or 195.2 (4) make any other appropriate order to ensure that the 195.3 needs of the child are met. 195.4 (d) If the court determines that an obligor's motion under 195.5 this section is brought in bad faith, the court may award 195.6 reasonable attorney fees to the obligee. 195.7 Subd. 8. [DEPARTURE.] The court may depart from a 195.8 presumption in subdivision 4, 5, or 6 if: 195.9 (1) all parties agree; or 195.10 (2) the presumption would impose an extreme hardship on the 195.11 obligor and would not be in the best interests of the child. 195.12 Subd. 9. [CHILD SUPPORT TO BE DISTINGUISHED FROM 195.13 MAINTENANCE.] In a judgment of dissolution or legal separation, 195.14 the court must clearly distinguish between payments ordered for 195.15 maintenance and payments ordered for child support. An award of 195.16 payments from future income or earnings of the parent with whom 195.17 the child resides is presumed to be maintenance and an award of 195.18 payments from the future income or earnings of the other parent 195.19 is presumed to be child support, unless otherwise designated by 195.20 the court. 195.21 Subd. 10. [OTHER CUSTODIANS.] If a child resides with a 195.22 person other than a parent and the court approves of the custody 195.23 arrangement, the court may order child support payments to be 195.24 made to the custodian regardless of whether the person has legal 195.25 custody. 195.26 Subd. 11. [EITHER PARENT LIABLE; MARITAL MISCONDUCT 195.27 IRRELEVANT.] The court may order either or both parents owing a 195.28 duty of support to a child to pay an amount reasonable or 195.29 necessary for the child's support, without regard to marital 195.30 misconduct. 195.31 Sec. 6. [517C.05] [TEMPORARY ORDERS.] 195.32 Subdivision 1. [MOTION; SCOPE.] In a child support 195.33 proceeding a party may, by motion, request that the court grant 195.34 a temporary order pending the final disposition of the 195.35 proceeding for temporary child support, costs, and reasonable 195.36 attorney fees. Additionally, to facilitate the just and speedy 196.1 disposition of the proceeding, the court may require a party to 196.2 perform or refrain from performing additional acts. 196.3 Subd. 2. [DURATION.] A temporary order continues in full 196.4 force and effect until: 196.5 (1) it is amended; 196.6 (2) it is vacated; 196.7 (3) the main action is dismissed; or 196.8 (4) a final decree of dissolution, legal separation, or 196.9 other final order is entered. 196.10 Subd. 3. [FACTORS.] The court must consider the factors 196.11 set forth in this chapter in making temporary orders. 196.12 Subd. 4. [EVIDENCE.] Temporary orders must be made solely 196.13 on the basis of affidavits and argument of counsel unless: 196.14 (1) a party makes a timely motion or responsive motion to 196.15 hear the matter on oral testimony before the court; or 196.16 (2) the court in its discretion orders the taking of oral 196.17 testimony. 196.18 Subd. 5. [LIMITED EFFECT.] A temporary order does not 196.19 prejudice the rights of the parties or the child that are to be 196.20 adjudicated at subsequent hearings in the proceeding. 196.21 Subd. 6. [MODIFICATION.] A temporary order may be revoked 196.22 or modified by the court before the final disposition of the 196.23 proceeding upon the same grounds and subject to the same 196.24 requirements as the initial granting of the order. 196.25 Sec. 7. [517C.06] [DETERMINATION OF CONTROLLING ORDER.] 196.26 The public authority or a party may request the court to 196.27 determine a controlling order when more than one order involving 196.28 the same obligor and child exists. 196.29 Sec. 8. [517C.07] [ATTORNEY FEES; COSTS AND 196.30 DISBURSEMENTS.] 196.31 Subdivision 1. [GENERAL.] (a) Except as provided in 196.32 section 517C.83, in a proceeding under this chapter, the court 196.33 must award attorney fees, costs, and disbursements in an amount 196.34 necessary to enable a party to carry on or contest the 196.35 proceeding if: 196.36 (1) the fees are necessary for the good-faith assertion of 197.1 the party's rights in the proceeding and will not contribute 197.2 unnecessarily to the length and expense of the proceeding; 197.3 (2) the party from whom fees, costs, and disbursements are 197.4 sought has the means to pay them; and 197.5 (3) the party to whom fees, costs, and disbursements are 197.6 awarded does not have the means to pay them. 197.7 (b) Fees, costs, and disbursements may be awarded at any 197.8 point during or after a proceeding under this chapter. 197.9 (c) The court may assess costs and disbursements against 197.10 either party. 197.11 Subd. 2. [UNREASONABLE ACTIONS.] The court may, in its 197.12 discretion, assess additional fees, costs, and disbursements 197.13 against a party who unreasonably contributes to the length or 197.14 expense of the proceeding. 197.15 Subd. 3. [COLLECTION.] The court may authorize the 197.16 collection of money awarded by execution, or out of property 197.17 sequestered, or in any other manner within the power of the 197.18 court. An award of attorney fees survives the proceeding. If 197.19 the award is not paid by the party directed to pay it, the award 197.20 may be enforced as provided by this subdivision or by a separate 197.21 civil action brought in the attorney's own name. 197.22 Sec. 9. [517C.10] [EXCHANGE OF INFORMATION.] 197.23 Subdivision 1. [DOCUMENTATION.] The parties must timely 197.24 serve and file documentation of earnings and income. 197.25 Documentation of earnings and income includes, but is not 197.26 limited to, pay stubs for the most recent three months, employer 197.27 statements, or statement of receipts and expenses if 197.28 self-employed. Documentation of earnings and income also 197.29 includes copies of each parent's most recent federal tax 197.30 returns, W-2 forms, 1099 forms, reemployment compensation 197.31 statements, workers' compensation statements, and all other 197.32 documents evidencing the receipt of income that provide 197.33 verification of income over a longer period. 197.34 Subd. 2. [ANNUAL EXCHANGE OF TAX RETURNS.] An obligor and 197.35 obligee must annually provide all other parties with a copy of 197.36 his or her federal tax return filed with the Internal Revenue 198.1 Service. 198.2 Subd. 3. [NOTICE OF ADDRESS OR RESIDENCE CHANGE.] An 198.3 obligor must notify other parties of a change of address or 198.4 residence within 60 days of the address or residence change. 198.5 Subd. 4. [NOTICE TO PUBLIC AUTHORITY; PUBLIC ASSISTANCE.] 198.6 The petitioner must notify the public authority of all 198.7 proceedings for dissolution, legal separation, determination of 198.8 parentage, or for the custody of a child, if either party is 198.9 receiving public assistance or applies for it subsequent to the 198.10 commencement of the proceeding. The notice must contain the 198.11 full names of the parties to the proceeding, their social 198.12 security account numbers, and their birth dates. 198.13 Subd. 5. [FAILURE OF NOTICE.] If the court in a 198.14 dissolution, legal separation, or determination of parentage 198.15 proceeding, finds before issuing the order for judgment and 198.16 decree, that notification has not been given to the public 198.17 authority, the court must set child support according to the 198.18 guidelines in this chapter. In those proceedings in which no 198.19 notification has been made pursuant to this section and in which 198.20 the public authority determines that the judgment is lower than 198.21 the child support required by the guidelines in this chapter, it 198.22 must move the court for a redetermination of the support 198.23 payments ordered so that the support payments comply with the 198.24 guidelines. 198.25 Sec. 10. [517C.11] [PRIVACY PROTECTION; PERSONAL 198.26 PROTECTION.] 198.27 Subdivision 1. [SOCIAL SECURITY NUMBERS; TAX RETURNS.] The 198.28 social security numbers and tax returns required under this 198.29 chapter are not accessible to the public, except that they must 198.30 be disclosed to the other parties to a proceeding as provided in 198.31 section 517C.10. 198.32 Subd. 2. [MODIFICATION OF CERTAIN REQUIREMENTS.] The court 198.33 may modify or limit the information exchange requirements of 198.34 this chapter by order if necessary to protect a party from 198.35 contact by another party. 198.36 Subd. 3. [ACCESS TO ADDRESS FOR SERVICE OF PROCESS.] (a) 199.1 If the public authority is a party or is providing services in a 199.2 support case, a party may obtain an ex parte order under this 199.3 subdivision. The party may obtain an ex parte order requiring 199.4 the public authority to serve legal documents on the other party 199.5 by mail if the party submits a sworn affidavit to the court 199.6 stating that: 199.7 (1) the party needs to serve legal process in a support 199.8 proceeding and does not have access to the address of the other 199.9 party; 199.10 (2) the party has made reasonable efforts to locate the 199.11 other party; and 199.12 (3) the other party is not represented by counsel. 199.13 (b) The public authority must serve legal documents 199.14 provided by the moving party at the last known address of the 199.15 other party upon receipt of a court order under paragraph (a). 199.16 The public authority must provide for appropriate service and 199.17 must certify to all parties the date of service by mail. The 199.18 public authority's proof of service must not include the place 199.19 or address of service. 199.20 (c) The state court administrator must prepare and make 199.21 available forms for use in seeking access to an address under 199.22 this subdivision. 199.23 Sec. 11. [517C.12] [INCOME.] 199.24 Subdivision 1. [DEFINITION.] For purposes of calculating 199.25 child support under this chapter, "income" means gross income. 199.26 Subd. 2. [SOURCES.] For purposes of this chapter, income 199.27 includes any form of periodic payment to an individual 199.28 including, but not limited to: 199.29 (1) wages; 199.30 (2) salaries; 199.31 (3) payments to an independent contractor; 199.32 (4) workers' compensation; 199.33 (5) reemployment compensation; 199.34 (6) annuity; 199.35 (7) military and naval retirement; 199.36 (8) pension and disability payments; and 200.1 (9) in-kind payments received by the obligor in the course 200.2 of employment, self-employment, or operation of a business if 200.3 the payments reduce the obligor's living expenses. 200.4 Subd. 3. [COMMISSIONS; BONUSES.] If the court finds that a 200.5 party's commissions or bonuses are reliable and predictable, the 200.6 court may include them in income calculations. 200.7 Subd. 4. [SELF-EMPLOYMENT; INDEPENDENT CONTRACTORS.] (a) 200.8 Income from self-employment is equal to gross receipts minus 200.9 ordinary and necessary expenses. Ordinary and necessary 200.10 expenses do not necessarily include amounts allowed by the 200.11 Internal Revenue Service for accelerated depreciation expenses 200.12 or investment tax credits or any other business expenses 200.13 determined by the court to be inappropriate for determining 200.14 income for purposes of child support. The person seeking to 200.15 deduct an expense, including depreciation, has the burden of 200.16 proving, if challenged, that the expense is ordinary and 200.17 necessary. Income calculated under this section may be 200.18 different from taxable income. 200.19 Subd. 5. [PUBLIC ASSISTANCE EXCLUSIONS.] Benefits received 200.20 under Title IV-A of the Social Security Act and chapter 256J are 200.21 not income under this section. 200.22 Subd. 6. [OVERTIME.] (a) Income does not include 200.23 compensation received by a party for employment in excess of a 200.24 40-hour work week if: 200.25 (1) the excess employment is not within the normal range of 200.26 hours worked, given the party's employment history; 200.27 (2) the excess employment is voluntary and not a condition 200.28 of employment; 200.29 (3) the excess employment is in the nature of additional, 200.30 part-time or overtime employment compensable by the hour or 200.31 fraction of an hour; and 200.32 (4) the party's compensation structure has not been changed 200.33 for the purpose of affecting a child support obligation. 200.34 (b) The court may presume that a party with seasonal or 200.35 intermittent income who works periods in excess of a 40-hour 200.36 work week, but who works a substantially normal number of hours 201.1 over the course of a year, is working within the normal range of 201.2 hours worked. 201.3 Subd. 7. [INCOME OF A SPOUSE OR OTHER HOUSEHOLD 201.4 MEMBER.] (a) Income must not include the income of a party's 201.5 spouse or other household member. The court must not consider 201.6 the income or resources provided by a spouse or other household 201.7 member when determining all the earnings, income, and resources 201.8 of a parent under section 517C.17. 201.9 (b) Notwithstanding paragraph (a), the court may issue an 201.10 order permitting discovery of a spouse or other household 201.11 member's income information if there is probable cause to 201.12 believe the spouse or other household member is being used to 201.13 shelter income from a party. If the court finds that income was 201.14 improperly or unfairly sheltered, it may impute income to the 201.15 party or otherwise adjust the support amount in a just and 201.16 proper manner. However, the court may not under any 201.17 circumstances consider income or resources properly attributable 201.18 to a spouse or other household member when setting support. 201.19 Subd. 8. [PRIOR ORDERS BEING PAID.] A child support or 201.20 maintenance order that is currently being paid must be deducted 201.21 from income. 201.22 Sec. 12. [517C.13] [IMPUTED INCOME.] 201.23 Subdivision 1. [NONAPPEARANCE OF A PARTY.] If a parent 201.24 under the jurisdiction of the court does not appear at a court 201.25 hearing after proper notice of the time and place of the 201.26 hearing, the court must set income for that parent based on 201.27 credible evidence before the court or in accordance with 201.28 subdivision 3. Credible evidence may include documentation of 201.29 current or recent income, testimony of the other parent 201.30 concerning recent earnings and income levels, and the parent's 201.31 wage reports filed with the Minnesota department of economic 201.32 security under section 268.044. 201.33 Subd. 2. [VOLUNTARY UNEMPLOYMENT OR UNDEREMPLOYMENT.] (a) 201.34 The principles of income imputation apply equally to obligors 201.35 and obligees. 201.36 (b) If the court finds that a parent is voluntarily 202.1 unemployed or underemployed or was voluntarily unemployed or 202.2 underemployed during the period for which past support is being 202.3 sought, support must be calculated based on a determination of 202.4 imputed income. 202.5 (c) A parent is not considered voluntarily unemployed or 202.6 underemployed upon a showing by the parent that: 202.7 (1) the unemployment or underemployment is temporary and 202.8 will ultimately lead to an increase in income; 202.9 (2) the unemployment or underemployment represents a bona 202.10 fide career change that outweighs the adverse effect of that 202.11 parent's diminished income on the child; 202.12 (3) the parent is a recipient of public assistance under 202.13 section 256.741; or 202.14 (4) the parent is physically or mentally incapacitated. 202.15 (d) Imputed income means the estimated earning ability of a 202.16 parent based on the parent's prior earnings history, education, 202.17 and job skills, and on availability of jobs within the community 202.18 for an individual with the parent's qualifications. 202.19 Subd. 3. [INSUFFICIENT INFORMATION.] If there is 202.20 insufficient information to determine actual income or to impute 202.21 income pursuant to subdivision 1 or 2, the court may calculate 202.22 support based on full-time employment of 40 hours per week at 202.23 150 percent of the federal minimum wage or the Minnesota minimum 202.24 wage, whichever is higher. 202.25 Sec. 13. [517C.14] [PRESUMPTIVE CHILD SUPPORT ORDER; 202.26 GENERAL.] 202.27 Subdivision 1. [REBUTTABLE PRESUMPTION.] The guidelines in 202.28 sections 517C.12 to 517C.16 are a rebuttable presumption and 202.29 must be used in all cases when establishing or modifying child 202.30 support. 202.31 Subd. 2. [SUBSTANTIAL UNFAIRNESS; MINIMUM SUPPORT 202.32 AMOUNT.] (a) If the presumptive support amount derived from the 202.33 child support worksheet leaves the obligor with income less than 202.34 150 percent of the federal poverty guidelines, the worksheet 202.35 does not apply and the court must order support in a fair and 202.36 equitable amount that leaves both parties in a substantially 203.1 similar situation in relation to the federal poverty guidelines 203.2 considering: 203.3 (1) the factors outlined in section 517C.17; 203.4 (2) tax credits and deductions available to either party; 203.5 and 203.6 (3) receipt of public assistance by either party. 203.7 (b) In any event, the court must order support in an amount 203.8 not less than $50 per child per month unless the court finds 203.9 that the obligor completely lacks an ability to pay due to a 203.10 circumstance such as a permanent and total disability or 203.11 incarceration without work release privileges. 203.12 (c) For purposes of this section, when determining income 203.13 relative to the federal poverty guidelines, only children common 203.14 to the obligor and obligee are included in the household. 203.15 Subd. 3. [CHILD SUPPORT CAP.] (a) Except as provided under 203.16 paragraph (b), a monthly basic needs obligation in a child 203.17 support order must not exceed: 203.18 (1) $1,500 for one child; 203.19 (2) $2,400 for two children; 203.20 (3) $2,800 for three children; or 203.21 (4) $2,800 plus $300 for each additional child over three 203.22 children. 203.23 (b) A court may order a basic needs obligation in a child 203.24 support order in an amount that exceeds the limit in paragraph 203.25 (a) if it finds that a child has a disability or other 203.26 substantial, demonstrated need for the additional support and 203.27 that the additional support will directly benefit the child. 203.28 (c) The dollar amounts in paragraph (a) must be adjusted on 203.29 July 1 of every even-numbered year to reflect cost-of-living 203.30 changes. The supreme court must select the index for the 203.31 adjustment from the indices listed in section 517C.31. The 203.32 state court administrator must make the changes in the dollar 203.33 amounts required by this paragraph available to courts and the 203.34 public on or before April 30 of the year in which the amount is 203.35 to change. 203.36 Subd. 4. [CHILD CARE COSTS.] (a) The court must require 204.1 verification of employment or school attendance and 204.2 documentation of child care expenses from the obligee and the 204.3 public authority, if applicable. 204.4 (b) If child care expenses fluctuate during the year 204.5 because of seasonal employment or school attendance of the 204.6 obligee or extended periods of parenting time with the obligor, 204.7 the court must determine child care expenses based on an average 204.8 monthly cost. 204.9 (c) The amount allocated for child care expenses is 204.10 considered child support but is not subject to a cost-of-living 204.11 adjustment under section 517C.31. 204.12 (d) The amount allocated for child care expenses terminates 204.13 when either party notifies the public authority that the child 204.14 care costs have ended and without any legal action on the part 204.15 of either party. The public authority must verify the 204.16 information received under this paragraph before authorizing 204.17 termination. The termination is effective as of the date of the 204.18 notification. In other cases where there is a substantial 204.19 increase or decrease in child care expenses, the parties may 204.20 modify the order under section 517C.31. 204.21 (e) The court may allow the parent with whom the child does 204.22 not reside to care for the child while the parent with whom the 204.23 child resides is working, as provided in section 517B.27, 204.24 subdivision 8. Allowing the parent with whom the child does not 204.25 reside to care for the child under section 517B.27, subdivision 204.26 8, is not a reason to deviate from the guidelines. 204.27 Subd. 5. [PARENTING TIME ADJUSTMENTS.] (a) For the purpose 204.28 of applying the proper parenting time adjustment on line 5 of 204.29 the presumptive support worksheet, the following principles 204.30 apply: 204.31 (1) the label given to a custody arrangement is not 204.32 determinative of the applicable adjustment; 204.33 (2) the actual division of parenting time controls; and 204.34 (3) an overnight stay presumptively constitutes a day of 204.35 caregiving. 204.36 (b) A parenting time division approximates joint physical 205.1 custody if each parent provides, or is responsible for 205.2 providing, care at least 45 percent of the days in a year. 205.3 (c) If each parent provides, or is responsible for 205.4 providing, care at least 45 percent of the days in a year, the 205.5 obligor's basic needs obligation on line 5 of the presumptive 205.6 child support worksheet under section 517C.16, is 50 percent of 205.7 the difference between the obligor's and obligee's basic needs 205.8 obligations. The court must make specific written findings in 205.9 support of a parenting time adjustment. 205.10 Subd. 6. [CHILD'S INSURANCE BENEFIT.] In establishing or 205.11 modifying child support, if a child receives a child's insurance 205.12 benefit under United States Code, title 42, section 402, because 205.13 the obligor is entitled to old age or disability insurance 205.14 benefits, the amount of support ordered must be offset by the 205.15 amount of the child's benefit. The court must make findings 205.16 regarding the obligor's income from all sources, the child 205.17 support amount calculated under this chapter, the amount of the 205.18 child's benefit, and the obligor's child support obligation. A 205.19 benefit received by the child in a given month in excess of the 205.20 child support obligation must not be treated as a payment of 205.21 arrears or a future payment. 205.22 Subd. 7. [MORE THAN SIX CHILDREN.] If a child support 205.23 proceeding involves more than six children, the court may derive 205.24 a support order without specifically following the guidelines. 205.25 However, the court must consider the basic principles 205.26 encompassed by the guidelines and must consider the needs, 205.27 resources, and circumstances of both parties. 205.28 Sec. 14. [517C.15] [MEDICAL SUPPORT.] 205.29 Subdivision 1. [DEFINITIONS.] The definitions in this 205.30 subdivision apply to this chapter. 205.31 (a) "Health care coverage" means health care benefits that 205.32 are provided by a health plan. Health care coverage does not 205.33 include any form of medical assistance under chapter 256B or 205.34 MinnesotaCare under chapter 256L. 205.35 (b) "Health carrier" means a carrier as defined in sections 205.36 62A.011, subdivision 2, and 62L.02, subdivision 16. 206.1 (c) "Health plan" means a plan meeting the definition under 206.2 section 62A.011, subdivision 3, or a policy, contract, or 206.3 certificate issued by a community integrated service network 206.4 licensed under chapter 62N, and includes plans: (1) provided on 206.5 an individual and group basis, (2) provided by an employer or 206.6 union, (3) purchased in the private market, (4) available to a 206.7 person eligible to carry insurance for the child, and (5) 206.8 provided through a health plan governed under the federal 206.9 Employee Retirement Income Security Act of 1974 (ERISA), United 206.10 States Code, title 29, section 1169(a). "Health plan" includes 206.11 a plan providing for dependent-only, dental, or vision coverage 206.12 and a plan provided through a party's spouse or parent. 206.13 (d) "Medical support" means providing health care coverage 206.14 for a child by carrying health care coverage for the child or by 206.15 contributing to the cost of health care coverage, public 206.16 coverage, unreimbursed medical expenses, and uninsured medical 206.17 expenses of the child. 206.18 (e) "National medical support notice" is an administrative 206.19 notice issued by the public authority to enforce medical support 206.20 provisions of a support order in accordance with Code of Federal 206.21 Regulations, title 45, section 303.32. 206.22 (f) "Public coverage" means health care benefits provided 206.23 by any form of medical assistance under chapter 256B or 206.24 MinnesotaCare under chapter 256L. 206.25 (g) "Uninsured medical expenses" means a child's reasonable 206.26 and necessary health-related expenses if the child is not 206.27 covered by a health plan or public coverage when the expenses 206.28 are incurred. 206.29 (h) "Unreimbursed medical expenses" means a child's 206.30 reasonable and necessary health-related expenses if a child is 206.31 covered by a health plan or public coverage and the plan or 206.32 coverage does not pay for the total cost of the expenses when 206.33 the expenses are incurred. Unreimbursed medical expenses do not 206.34 include the cost of premiums. Unreimbursed medical expenses 206.35 include, but are not limited to, deductibles, co-payments, and 206.36 expenses for orthodontia, prescription eye glasses and contact 207.1 lenses, and over-the-counter medicine. 207.2 Subd. 2. [ORDER.] (a) A completed national medical support 207.3 notice issued by the public authority or a court order that 207.4 complies with this section is a qualified medical child support 207.5 order under the federal Employee Retirement Income Security Act 207.6 of 1974 (ERISA), United States Code, title 29, section 1169(a). 207.7 (b) Every order addressing child support must state: 207.8 (1) the names, last known addresses, and social security 207.9 numbers of the parents and the child that is a subject of the 207.10 order unless the court prohibits the inclusion of an address or 207.11 social security number and orders the parent to provide the 207.12 address and social security number to the administrator of the 207.13 health plan; 207.14 (2) whether appropriate health care coverage for the child 207.15 is available and, if so, state: 207.16 (i) which party must carry health care coverage; 207.17 (ii) the cost of premiums and how the cost is allocated 207.18 between the parties; 207.19 (iii) how unreimbursed expenses will be allocated and 207.20 collected by the parties; and 207.21 (iv) the circumstances, if any, under which the obligation 207.22 to provide health care coverage for the child will shift from 207.23 one party to the other; and 207.24 (3) if appropriate health care coverage is not available 207.25 for the child, whether a contribution for medical support is 207.26 required. 207.27 (c) The amount ordered for medical support is subject to a 207.28 cost-of-living adjustment under section 517C.31. 207.29 Subd. 3. [DETERMINATION OF APPROPRIATE COVERAGE.] (a) In 207.30 determining whether a party has appropriate health care coverage 207.31 for the child, the court must evaluate the health plan using the 207.32 following factors: 207.33 (1) accessible coverage. Dependent health care coverage is 207.34 accessible if the covered child can obtain services from a 207.35 health plan provider with reasonable effort by the parent with 207.36 whom the child resides. Health care coverage is presumed 208.1 accessible if: 208.2 (i) primary care coverage is available within 30 minutes or 208.3 30 miles of the child's residence and specialty care coverage is 208.4 available within 60 minutes or 60 miles of the child's 208.5 residence; 208.6 (ii) the coverage is available through an employer and the 208.7 employee can be expected to remain employed for a reasonable 208.8 amount of time; and 208.9 (iii) no preexisting conditions exist to delay coverage 208.10 unduly; 208.11 (2) comprehensive coverage. Dependent health care coverage 208.12 is comprehensive if it includes, at a minimum, medical and 208.13 hospital coverage and provides for preventive, emergency, acute, 208.14 and chronic care. If both parties have health care coverage 208.15 that meets the minimum requirements, the court must determine 208.16 which health care coverage is more comprehensive by considering 208.17 whether the coverage includes: 208.18 (i) basic dental coverage; 208.19 (ii) orthodontics; 208.20 (iii) eyeglasses; 208.21 (iv) contact lenses; 208.22 (v) mental health services; or 208.23 (vi) substance abuse treatment; 208.24 (3) affordable coverage. Dependent health care coverage is 208.25 affordable if a party's gross income is 150 percent of the 208.26 federal poverty guidelines or more and the party's contribution 208.27 to the health care coverage premium does not exceed five percent 208.28 of the party's gross income. If a party's gross income is less 208.29 than 150 percent of the federal poverty guidelines, it is 208.30 presumed that the party is unable to contribute to the cost of 208.31 health care coverage unless health care is available at no or 208.32 low cost to that party; and 208.33 (4) the child's special medical needs, if any. 208.34 (b) If both parties have health care coverage available for 208.35 a child, and the court determines under paragraph (a), clauses 208.36 (1) and (2), that the available coverage is comparable with 209.1 regard to accessibility and comprehensiveness, the least costly 209.2 health care coverage is the appropriate health care coverage for 209.3 the child. 209.4 Subd. 4. [COVERAGE.] (a) If a child is presently enrolled 209.5 in health care coverage, the court must order that the parent 209.6 who currently has the child enrolled continue that enrollment 209.7 unless the parties agree otherwise or a party requests a change 209.8 in coverage and the court determines that other health care 209.9 coverage is more appropriate. 209.10 (b) If a child is not presently enrolled in health care 209.11 coverage, upon motion of a party or the public authority, the 209.12 court must determine whether one or both parties have 209.13 appropriate health care coverage for the child and order the 209.14 party with appropriate health care coverage available to carry 209.15 the coverage for the child. 209.16 (c) If only one party has appropriate health care coverage 209.17 available, the court must order that party to carry the coverage 209.18 for the child. 209.19 (d) If both parties have appropriate health care coverage 209.20 available, the court must order the parent with whom the child 209.21 resides to carry the coverage for the child, unless: 209.22 (1) either party expresses a preference for coverage 209.23 available through the parent with whom the child does not 209.24 reside; 209.25 (2) the parent with whom the child does not reside is 209.26 already carrying dependent health care coverage for other 209.27 children and the cost of contributing to the premiums of the 209.28 other parent's coverage would cause the parent with whom the 209.29 child does not reside extreme hardship; or 209.30 (3) both parents agree to provide coverage and agree on the 209.31 allocation of costs. 209.32 If the exception in clause (1) or (2) applies, the court must 209.33 determine which party has the most appropriate coverage 209.34 available and order that party to carry coverage for the child. 209.35 If the court determines under subdivision 3, paragraph (a), 209.36 clauses (1) and (2), that the parties' health care coverage for 210.1 the child is comparable with regard to accessibility and 210.2 comprehensiveness, the court must order the party with the least 210.3 costly health care coverage to carry coverage for the child. 210.4 (e) If neither party has appropriate health care coverage 210.5 available, the court must order the parent with whom the child 210.6 does not reside to contribute toward the cost of public coverage 210.7 for the child or the child's uninsured medical expenses in an 210.8 amount equal to the lesser of: 210.9 (1) five percent of gross income; or 210.10 (2) the monthly amount the parent with whom the child does 210.11 not reside would pay for the child's premiums if the parent's 210.12 income meets the eligibility requirements for public coverage. 210.13 For purposes of determining the premium amount, a parent's 210.14 household size is equal to the parent plus the child who is the 210.15 subject of the child support order. The court may order the 210.16 parent with whom the child resides to apply for public coverage 210.17 for the child. 210.18 Subd. 5. [CALCULATING MEDICAL SUPPORT; UNREIMBURSED 210.19 MEDICAL EXPENSES.] (a) The court must calculate the cost of 210.20 medical support on line 7 of the presumptive child support 210.21 worksheet under section 517C.16. Unless otherwise agreed by the 210.22 parties and approved by the court, the court must order that the 210.23 cost of health care coverage be divided between the obligor and 210.24 obligee based on their proportionate share of the parties' 210.25 combined gross income. 210.26 (b) If a party's obligation for health care coverage 210.27 premiums is greater than five percent of the party's gross 210.28 income, the court may order the other party to contribute more 210.29 for the cost of the premiums, if doing so would not result in 210.30 extreme hardship to that party. If an additional contribution 210.31 causes a party extreme hardship, the court must order the 210.32 obligor to contribute the lesser of the two amounts under 210.33 subdivision 4, paragraph (e). 210.34 (c) The court must order that all unreimbursed medical 210.35 expenses be divided between the obligor and obligee based on 210.36 their proportionate share of the parties' combined gross income. 211.1 Subd. 6. [ALLOCATING MEDICAL SUPPORT COSTS.] (a) If the 211.2 party ordered to carry health care coverage for the child 211.3 already carries dependent health care coverage for other 211.4 dependents and would incur no additional premium costs to add 211.5 the child to the existing coverage, the court must not order the 211.6 other party to contribute to the premium costs for coverage of 211.7 the child. 211.8 (b) If a party ordered to carry health care coverage for 211.9 the child does not already carry dependent health care coverage 211.10 but has other dependents who may be added to the ordered 211.11 coverage, the full premium costs of the dependent health care 211.12 coverage must be allocated between the parties in proportion to 211.13 the party's share of the parties' combined income available for 211.14 child support, unless the parties agree otherwise. 211.15 (c) If a party ordered to carry health care coverage for 211.16 the child is required to enroll in a health plan so that the 211.17 child can be enrolled in dependent health care coverage under 211.18 the plan, the court must allocate the costs of the dependent 211.19 health care coverage between the parties. The costs of the 211.20 health care coverage for the party ordered to carry the coverage 211.21 for the child must not be allocated between the parties. 211.22 Subd. 7. [NOTICE TO EMPLOYER BY PUBLIC AUTHORITY OR 211.23 COURT.] (a) A copy of the national medical support notice or 211.24 court order for health care coverage must be forwarded by the 211.25 public authority to the employer within two business days after 211.26 the date an employee is entered into the work reporting system 211.27 under section 256.998. 211.28 (b) If a party is ordered to carry health care coverage for 211.29 the child and the public authority provides support enforcement 211.30 services, the public authority must forward a copy of the 211.31 national medical support notice or notice of medical support 211.32 withholding to the party's employer or union and to the health 211.33 carrier when the conditions under paragraph (d) are met or when 211.34 ordered by the court. 211.35 (c) If the public authority does not provide support 211.36 enforcement services, the party seeking to enforce the order may 212.1 forward a copy of the court order for health care coverage for 212.2 the child to the employer or union of the party ordered to carry 212.3 coverage and to the health carrier when the conditions under 212.4 paragraph (d) are met or when ordered by the court. 212.5 (d) The public authority or party seeking to enforce the 212.6 order must forward a copy of the national medical support notice 212.7 or court order for health care coverage to the employer under 212.8 paragraphs (b) and (c) if: 212.9 (1) the party ordered to carry health care coverage for the 212.10 child fails to provide written proof to the other party or the 212.11 public authority, within 30 days of the effective date of the 212.12 court order, that health care coverage has been obtained for the 212.13 child; 212.14 (2) the other party or the public authority gives written 212.15 notice to the party ordered to carry health care coverage for 212.16 the child of intent to enforce medical support. The other party 212.17 or public authority must mail the written notice to the last 212.18 known address of the party ordered to carry health care coverage 212.19 for the child; and 212.20 (3) the party ordered to carry health care coverage for the 212.21 child fails, within 15 days after the date on which the written 212.22 notice under clause (2) was mailed, to provide written proof to 212.23 the other party or the public authority that the party has 212.24 obtained health care coverage for the child. 212.25 Subd. 8. [EFFECT OF ORDER.] (a) A new employer or union of 212.26 a party who is ordered to provide health care coverage for the 212.27 child must enroll the child in the party's health plan as 212.28 required by a national medical support notice or court order. 212.29 (b) If a health plan administrator receives a completed 212.30 national medical support notice, the plan administrator must 212.31 notify the public authority within 40 business days after the 212.32 date of the notice of the following: 212.33 (1) whether coverage is available to the child under the 212.34 terms of the health plan; 212.35 (2) whether the child is covered under the health plan; 212.36 (3) the effective date of the child's coverage under the 213.1 health plan; and 213.2 (4) what steps, if any, are required to effectuate the 213.3 child's coverage under the health plan. 213.4 (c) The plan administrator must also provide the public 213.5 authority and the parties with a notice of enrollment of the 213.6 child, description of the coverage, and any documents necessary 213.7 to effectuate coverage. 213.8 Subd. 9. [CONTESTING ENROLLMENT.] (a) A party may contest 213.9 the enrollment of a child in a health plan on the limited 213.10 grounds that the enrollment is improper due to mistake of fact 213.11 or that the enrollment meets the requirements of section 517C.26. 213.12 If the party chooses to contest the enrollment, the party must 213.13 do so no later than 15 days after the employer notifies the 213.14 party of the enrollment by doing the following: 213.15 (1) filing a request for hearing according to section 213.16 484.702; 213.17 (2) serving a copy of the request for hearing upon the 213.18 public authority and the other party; and 213.19 (3) securing a date for the matter to be heard no later 213.20 than 45 days after the notice of enrollment. 213.21 (b) The enrollment must remain in place while the party 213.22 contests the enrollment. 213.23 Subd. 10. [EMPLOYER OR UNION REQUIREMENTS.] (a) An 213.24 employer must send the national medical support notice to its 213.25 health plan within 20 business days after the date on the 213.26 national medical support notice. 213.27 (b) An employer or union that is included under the federal 213.28 Employee Retirement Income Security Act of 1974 (ERISA), United 213.29 States Code, title 29, section 1169(a), may not deny enrollment 213.30 to the child or to the parent if necessary to enroll the child 213.31 based on exclusionary clauses described in section 62A.048. 213.32 (c) Upon application of the party, or if a court orders a 213.33 party to carry health insurance coverage for a child, the 213.34 employer or union and its health plan must enroll the child as a 213.35 beneficiary in the health plan and withhold any required 213.36 premiums from the income or wages of the party ordered to carry 214.1 health care coverage for the child. 214.2 (d) If more than one plan is offered by the employer or 214.3 union and the national medical support notice or court order 214.4 does not specify the plan to be carried, the plan administrator 214.5 must notify the parents and the public authority. 214.6 (e) If the party ordered to carry health care coverage for 214.7 the child is not enrolled in the health plan, the employer or 214.8 union must also enroll the party in the chosen plan if 214.9 enrollment of the party is necessary to obtain dependent health 214.10 care coverage under the plan. 214.11 (f) Enrollment of dependents and, if necessary, the party 214.12 ordered to carry health care coverage for the child must be 214.13 immediate and not dependent upon open enrollment periods. 214.14 Enrollment is not subject to the underwriting policies under 214.15 section 62A.048. 214.16 (g) Failure of the party ordered to carry health care 214.17 coverage for the child to execute any documents necessary to 214.18 enroll the dependent in the health plan does not affect the 214.19 obligation of the employer or union and health plan to enroll 214.20 the dependent in a plan. Information and authorization provided 214.21 by the public authority, or by a party or guardian, is valid for 214.22 the purposes of meeting enrollment requirements of the health 214.23 plan. 214.24 Subd. 11. [EMPLOYER LIABILITY.] An employer or union that 214.25 willfully fails to comply with the order is liable for any 214.26 uninsured medical expenses incurred by the dependents while the 214.27 dependents were eligible to be enrolled in the health plan and 214.28 for any other premium costs incurred because the employer or 214.29 union willfully failed to comply with the order. An employer or 214.30 union that fails to comply with the order is subject to a 214.31 finding of contempt and a $250 civil penalty under section 214.32 517C.57 and is also subject to a civil penalty of $500 to be 214.33 paid to the party entitled to reimbursement or the public 214.34 authority. Penalties paid to the public authority are 214.35 designated for child support enforcement services. 214.36 Subd. 12. [DISENROLLMENT; CONTINUATION OF COVERAGE; 215.1 OPTIONS IN COVERAGE.] (a) A child for whom a party is required 215.2 to provide health care coverage under this section must be 215.3 covered as a dependent of the party until the child is 215.4 emancipated, until further order of the court, or as consistent 215.5 with the terms of the coverage. 215.6 (b) The health carrier, employer, or union may not 215.7 disenroll or eliminate coverage for the child unless: 215.8 (1) the health carrier, employer, or union is provided 215.9 satisfactory written evidence that the court order is no longer 215.10 in effect; 215.11 (2) the child is or will be enrolled in comparable health 215.12 care coverage through another health plan that will take effect 215.13 no later than the effective date of the disenrollment; 215.14 (3) the employee is no longer eligible for dependent 215.15 coverage; or 215.16 (4) the required premium has not been paid by or on behalf 215.17 of the child. 215.18 (c) If disenrollment or elimination of coverage of a child 215.19 under this subdivision is based upon nonpayment of premiums, the 215.20 health plan must provide 30 days' written notice to the child's 215.21 parents and the public authority, if the public authority is 215.22 providing support enforcement services, prior to the 215.23 disenrollment or elimination of coverage. 215.24 (d) A child enrolled in health care coverage under a 215.25 qualified medical child support order, including a national 215.26 medical support notice, under this section is a dependent and a 215.27 qualified beneficiary under the Consolidated Omnibus Budget and 215.28 Reconciliation Act of 1985 (COBRA), Public Law Number 99-272. 215.29 Upon expiration of the order, the child is entitled to the 215.30 opportunity to elect continued coverage that is available under 215.31 the health plan. Notice must be provided by the employer or 215.32 union to the parties and the public authority, if it provides 215.33 child support services, within ten days of the termination date. 215.34 (e) If the public authority provides support enforcement 215.35 services and a plan administrator reports to the public 215.36 authority that there is more than one coverage option available 216.1 under the health plan, the public authority, in consultation 216.2 with the parents, must promptly select coverage from the 216.3 available options. If the parents fail to cooperate in a 216.4 reasonable period of time, the public authority must select 216.5 coverage from the available health plan options. 216.6 Subd. 13. [SPOUSAL OR FORMER SPOUSAL COVERAGE.] The court 216.7 must require the parent with whom the child does not reside to 216.8 provide dependent health care coverage for the benefit of the 216.9 parent with whom the child resides if the parent with whom the 216.10 child does not reside is ordered to provide dependent health 216.11 care coverage for the parties' child and adding the other parent 216.12 to the coverage results in no additional premium cost to the 216.13 parent with whom the child does not reside. 216.14 Subd. 14. [PLAN REIMBURSEMENT.] The signature of a parent 216.15 of the insured child is a valid authorization to a health plan 216.16 for purposes of processing an insurance reimbursement payment to 216.17 the provider of the medical services or to the parent if medical 216.18 services have been prepaid by that parent. 216.19 Subd. 15. [CORRESPONDENCE AND NOTICE.] The health plan 216.20 must send copies of all correspondence regarding the health care 216.21 coverage to both parents. 216.22 Subd. 16. [DISCLOSURE OF INFORMATION.] (a) Parties must 216.23 provide the public authority with the following information when 216.24 support enforcement services are provided: 216.25 (1) information relating to dependent health care coverage 216.26 or public coverage available for the benefit of the child for 216.27 whom support is sought, including all information required to be 216.28 included in a medical support order under this section; 216.29 (2) verification that application for court-ordered health 216.30 care coverage was made within 30 days of the court's order; and 216.31 (3) the reason that a child is not enrolled in 216.32 court-ordered health care coverage, if a child is not enrolled 216.33 in coverage or subsequently loses coverage. 216.34 (b) Upon request from the public authority under section 216.35 256.978, an employer, union, or plan administrator, including an 216.36 employer subject to the federal Employee Retirement Income 217.1 Security Act of 1974 (ERISA), United States Code, title 29, 217.2 section 1169(a), must provide the public authority the following 217.3 information: 217.4 (1) information relating to dependent health care coverage 217.5 available to a party for the benefit of the child for whom 217.6 support is sought, including all information required to be 217.7 included in a medical support order under this section; and 217.8 (2) information that will enable the public authority to 217.9 determine whether a health plan is appropriate for a child, 217.10 including, but not limited to, all available plan options, any 217.11 geographic service restrictions, and the location of service 217.12 providers. 217.13 (c) The employer, union, or plan administrator must not 217.14 release information regarding one party to the other party. The 217.15 employer, union, or plan administrator must provide both parties 217.16 with insurance identification cards and all necessary written 217.17 information to enable the parties to utilize the insurance 217.18 benefits for the covered dependents. 217.19 (d) The public authority is authorized to release to a 217.20 party's employer, union, or health plan information necessary to 217.21 obtain or enforce medical support. 217.22 (e) An employee must disclose to an employer if medical 217.23 support is required to be withheld under this section and the 217.24 employer must begin withholding according to the terms of the 217.25 order and under section 517C.52. If an employee discloses an 217.26 obligation to obtain health care coverage and coverage is 217.27 available through the employer, the employer must make all 217.28 application processes known to the individual and enroll the 217.29 employee and dependent in the plan under subdivision 10. 217.30 Subd. 17. [APPLICATION FOR CHILD SUPPORT ENFORCEMENT 217.31 SERVICES.] The public authority must take necessary steps to 217.32 establish and enforce an order for medical support if the child 217.33 receives public assistance or a party completes an application 217.34 for services from the public authority. 217.35 Subd. 18. [ENFORCEMENT.] (a) Remedies available for the 217.36 collection and enforcement of child support apply to medical 218.1 support. For the purpose of enforcement, the costs of 218.2 individual or group health or hospitalization coverage, dental 218.3 coverage, all medical costs ordered by the court to be paid by 218.4 either party, including health and dental insurance premiums 218.5 paid by the obligee because of the obligor's failure to obtain 218.6 coverage as ordered, or liabilities established under this 218.7 subdivision, are additional support. 218.8 (b) If a party owes a basic support obligation for a child 218.9 and is ordered to carry health care coverage for the child, and 218.10 the other party is ordered to contribute to the carrying party's 218.11 cost for coverage, the carrying party's basic support payment 218.12 must be reduced by the amount of the contributing party's 218.13 contribution. 218.14 (c) If a party owes a basic support obligation for a child 218.15 and is ordered to contribute to the other party's cost for 218.16 carrying health care coverage for the child, the contributing 218.17 party's basic support payment must be increased by the amount of 218.18 the contribution. 218.19 (d) If a party owes no basic support obligation for a child 218.20 and is ordered to contribute to the other party's cost for 218.21 carrying health care coverage for the child, the contributing 218.22 party is subject to income withholding under section 517C.52 for 218.23 the amount of the contribution to the carrying party's cost for 218.24 health care coverage for the child. 218.25 (e) If a party's court-ordered health care coverage for the 218.26 child terminates and the child is not enrolled in other health 218.27 care coverage or public coverage, and a modification motion is 218.28 not pending, the public authority may remove the offset to the 218.29 basic support obligation or terminate income withholding 218.30 instituted against a party under section 517C.52. The public 218.31 authority must provide notice to the parties of the action taken. 218.32 (f) A party may contest the action of the public authority 218.33 to remove the offset to the basic support obligation or 218.34 terminate income withholding if the party makes a written 218.35 request for a hearing within 30 days after receiving written 218.36 notice. If a party makes a timely request for a hearing, the 219.1 public authority must schedule a hearing and give written notice 219.2 of the hearing to the parties at least 14 days before the 219.3 hearing. The written notice of the hearing must be sent by mail 219.4 to the parties' last known addresses. The hearing must be 219.5 conducted in district court or in the expedited child support 219.6 process if section 484.702 applies. The district court or child 219.7 support magistrate must determine whether removal of the offset 219.8 or termination of income withholding is appropriate and, if 219.9 appropriate, the effective date for the removal or termination. 219.10 If the party does not request a hearing, the court must order 219.11 the offset or termination effective the first day of the month 219.12 following termination of the child's health care coverage. 219.13 (g) A party who fails to carry court-ordered dependent 219.14 health care coverage is liable for the child's uninsured medical 219.15 expenses unless a court order provides otherwise. A party's 219.16 failure to carry court-ordered coverage, or to provide other 219.17 medical support as ordered, is a basis for modification of a 219.18 support order under section 517C.28. 219.19 (h) Payments by the health carrier or employer for services 219.20 rendered to the dependents that are directed to a party not owed 219.21 reimbursement must be endorsed over to and forwarded to the 219.22 vendor or appropriate party or the public authority. A party 219.23 retaining insurance reimbursement not owed to the party is 219.24 liable for the amount of the reimbursement. 219.25 Subd. 19. [COLLECTING UNREIMBURSED AND UNINSURED MEDICAL 219.26 EXPENSES.] (a) A request for reimbursement of unreimbursed and 219.27 uninsured medical expenses must be initiated within two years of 219.28 the date that the unreimbursed or uninsured medical expenses 219.29 were incurred. The time period in this paragraph does not apply 219.30 if the location of the other parent is unknown. 219.31 (b) A party seeking reimbursement of unreimbursed and 219.32 uninsured medical expenses must mail the other party written 219.33 notice of intent to collect the expenses and an affidavit of 219.34 health care expenses to the other party at the party's last 219.35 known address. The affidavit of health care expenses must 219.36 itemize and document the child's unreimbursed or uninsured 220.1 medical expenses. A copy of the bills, receipts, and the 220.2 insurance company's explanation of the benefits must be attached 220.3 to the affidavit. The written notice must include a statement 220.4 that the party has 30 days from the date of mailing the notice 220.5 to pay in full, enter a payment agreement, or file a motion 220.6 requesting a hearing contesting the matter. If the public 220.7 authority provides support enforcement services, the written 220.8 notice also must include a statement that the requesting party 220.9 must submit the amount due to the public authority for 220.10 collection. 220.11 (c) If, after 30 days, the other party has not paid in 220.12 full, the parties are unable to enter a payment agreement, or 220.13 the other party has not filed a motion contesting the matter, 220.14 and: 220.15 (1) if the public authority provides support enforcement 220.16 services, the requesting party must send the original affidavit, 220.17 a copy of the written notice, and copies of the bills, receipts, 220.18 and the insurance company's explanation of the benefits to the 220.19 public authority. The public authority must serve the other 220.20 party with a notice of intent to enforce unreimbursed and 220.21 uninsured medical expenses and file an affidavit of service by 220.22 mail with the district court administrator. The notice must 220.23 provide that, unless the other party pays in full, enters into a 220.24 payment agreement, or files a motion contesting the matter 220.25 within 14 days of service of the notice, the public authority 220.26 will commence enforcement under subdivision 20; or 220.27 (2) if the public authority does not provide support 220.28 enforcement services, the requesting party may move the court 220.29 for enforcement. 220.30 (d) If the party who receives notice under paragraph (b) or 220.31 (c), clause (1), files a timely motion for a hearing contesting 220.32 the requested reimbursement, a hearing must be scheduled in 220.33 district court or in the expedited child support process if 220.34 section 484.702 applies. The contesting party must provide the 220.35 party seeking reimbursement and the public authority, if the 220.36 public authority provides support enforcement services, with 221.1 written notice of the hearing at least 14 days before the 221.2 hearing by mailing notice of the hearing to the public authority 221.3 and the party at the party's last known address. The party 221.4 seeking reimbursement must file the original affidavit of health 221.5 care expenses with the court at least five days before the 221.6 hearing. Based upon the evidence presented, the court must 221.7 determine liability for the expenses and order that the liable 221.8 party is subject to enforcement of the expenses as medical 221.9 support arrears under subdivision 20. 221.10 Subd. 20. [ENFORCING AN ORDER FOR MEDICAL SUPPORT 221.11 ARREARS.] (a) If a party liable for unreimbursed and uninsured 221.12 medical expenses under subdivision 19 owes a basic support 221.13 obligation to the party seeking reimbursement of the expenses, 221.14 the expenses must be collected as medical support arrears as 221.15 follows: 221.16 (1) if income withholding under section 517C.52 is 221.17 available, medical support arrears must be withheld from a 221.18 liable party's income or wages pursuant to section 517C.60; or 221.19 (2) if income withholding under section 517C.52 is not 221.20 available, a liable party must pay medical support arrears under 221.21 the terms of a payment agreement under section 517C.71. If a 221.22 liable party fails to enter into or comply with a payment 221.23 agreement, the party seeking reimbursement or the public 221.24 authority, if it provides support enforcement services, may 221.25 schedule a hearing to have a court order payment. The party 221.26 seeking reimbursement or the public authority must provide the 221.27 liable party with written notice of the hearing at least 14 days 221.28 before the hearing. 221.29 (b) If a party liable for unreimbursed and uninsured 221.30 medical expenses does not owe a basic support obligation to the 221.31 party seeking reimbursement, and the party seeking reimbursement 221.32 owes the liable party child support arrears, the liable party's 221.33 medical support arrears under subdivision 19 must be deducted 221.34 from the amount of the child support arrears. If a liable party 221.35 owes medical support arrears after deducting the amount owed 221.36 from the amount of the child support arrears owed by the party 222.1 seeking reimbursement, it must be collected as follows: 222.2 (1) if the party seeking reimbursement owes a basic support 222.3 obligation to the liable party, the basic support obligation 222.4 must be reduced by 20 percent until the medical support arrears 222.5 are satisfied; 222.6 (2) if the party seeking reimbursement does not owe a basic 222.7 support obligation to the liable party, the liable party's 222.8 income must be subject to income withholding under section 222.9 517C.52 for an amount required under section 517C.71 until the 222.10 medical support arrears are satisfied; or 222.11 (3) if the party seeking reimbursement does not owe a basic 222.12 support obligation, and income withholding under section 517C.52 222.13 is not available, payment of the medical support arrears must be 222.14 required under a payment agreement under section 517C.71. 222.15 Sec. 15. [517C.16] [PRESUMPTIVE CHILD SUPPORT WORKSHEET.] 222.16 The court must use the following worksheet to determine the 222.17 presumptive child support order: 222.18 1. Monthly Income: 222.19 a. Obligor: ....... 222.20 b. Obligee: ....... 222.21 2. Parents' Combined Income: line 1a plus line 1b: ..... 222.22 3. Parental Share: 222.23 a. Obligor: line 1a divided by line 2: ....... 222.24 b. Obligee: line 1b divided by line 2: ....... 222.25 4. Basic Needs: 222.26 a. Shared Responsibility: 222.27 Parents combined monthly income 222.28 x .09 222.29 + 300 222.30 =....... (one child) 222.31 x 1.61 (two children)= ....... 222.32 x 1.86 (three children)= ....... 222.33 x 2.06 (four children)= ....... 222.34 x 2.26 (five children)= ....... 222.35 x 2.46 (six children)= ....... 222.36 b. Obligor Proportionate Responsibility: line 3a 223.1 multiplied by line 4a: ....... 223.2 c. Obligee Proportionate Responsibility: line 3b 223.3 multiplied by line 4a: ....... 223.4 5. Basic Needs Obligation After Parenting Time Adjustment: 223.5 Parenting time division approximates joint physical custody: 223.6 Line 4b 223.7 - Line 4c 223.8 x .5 223.9 = ..... 223.10 6. Child Care Needs (complete appropriate section): 223.11 a. Obligor paying for child care: cost of child care 223.12 (.......) multiplied by line 3b: ....... (deduct from support 223.13 obligation) 223.14 b. Obligee paying for child care or obligor's income 223.15 exceeds eligibility requirements for basic sliding fee child 223.16 care; not receiving basic sliding fee child care: cost of child 223.17 care (.......) multiplied by line 3a: ........ 223.18 c. Obligee receiving basic sliding fee child care: order 223.19 reimbursement to the state in an amount equal to copayment 223.20 obligor would make, based on line 1a, if obligor was receiving 223.21 basic sliding fee child care: ....... 223.22 7. Medical Support (complete appropriate section): 223.23 a. Obligor providing health care coverage: line 3b 223.24 multiplied by cost of health care coverage: ....... (deduct 223.25 from support obligation) 223.26 b. Obligee providing health care coverage: line 3a 223.27 multiplied by cost of health care coverage: ....... 223.28 c. Obligor and obligee do not have appropriate health care 223.29 coverage: obligor must pay the lesser of the following amounts: 223.30 (i) the monthly premium amount obligor would pay if 223.31 obligor's income meets the income eligibility requirements for 223.32 public coverage: ....... or 223.33 (ii) five percent of obligor's monthly gross income, if 223.34 obligor's income does not meet the eligibility requirements for 223.35 public coverage: ....... 223.36 8. Presumed child support amount: add (or subtract, when 224.1 appropriate) amounts from lines 5, 6, and 7: ....... 224.2 Sec. 16. [517C.17] [DEVIATIONS.] 224.3 Subdivision 1. [GENERAL FACTORS.] In addition to the child 224.4 support guidelines, the court must take into consideration the 224.5 following factors in setting or modifying child support or in 224.6 determining whether to deviate from the guidelines: 224.7 (1) all earnings, income, and resources of the parents, 224.8 including real and personal property, but excluding income from 224.9 excess employment of the obligor or obligee that meets the 224.10 criteria of section 517C.12, subdivision 5; 224.11 (2) the financial needs and resources, physical and 224.12 emotional condition, and educational needs of the child to be 224.13 supported; 224.14 (3) the standard of living the child would have enjoyed had 224.15 the marriage not been dissolved, but recognizing that the 224.16 parents now have separate households; 224.17 (4) which parent receives the income taxation dependency 224.18 exemption and the financial benefit the parent receives from it; 224.19 (5) the parents' debts as provided in subdivision 2; 224.20 (6) the obligor's receipt of public assistance under the 224.21 AFDC program formerly codified under sections 256.72 to 256.82 224.22 or 256B.01 to 256B.40 and chapter 256J or 256K; and 224.23 (7) the child spends between 33 and 45 percent of 224.24 overnights with the obligor pursuant to a court order or with 224.25 the consent of the obligee, which results in an increased 224.26 financial burden on the obligor. 224.27 Subd. 2. [DEBT.] (a) In establishing or modifying a 224.28 support obligation, the court may consider debts owed to private 224.29 creditors, but only if: 224.30 (1) the right to support has not been assigned under 224.31 section 256.741; 224.32 (2) the court determines that the debt was reasonably 224.33 incurred for necessary support of the child or parent or for the 224.34 necessary generation of income. If the debt was incurred for 224.35 the necessary generation of income, the court may consider only 224.36 the amount of debt that is essential to the continuing 225.1 generation of income; and 225.2 (3) the party requesting a departure produces a sworn 225.3 schedule of the debts, with supporting documentation, showing 225.4 goods or services purchased, the recipient of them, the amount 225.5 of the original debt, the outstanding balance, the monthly 225.6 payment, and the number of months until the debt will be fully 225.7 paid. 225.8 (b) A schedule prepared under paragraph (a), clause (3), 225.9 must contain a statement that the debt will be fully paid after 225.10 the number of months shown in the schedule, barring emergencies 225.11 beyond the party's control. 225.12 (c) Any further departure below the guidelines that is 225.13 based on a consideration of debts owed to private creditors must 225.14 not exceed 18 months in duration. After 18 months the support 225.15 must increase automatically to the level ordered by the court. 225.16 This section does not prohibit one or more step increases in 225.17 support to reflect debt retirement during the 18-month period. 225.18 (d) If payment of debt is ordered pursuant to this section, 225.19 the payment must be ordered to be in the nature of child support. 225.20 Subd. 3. [EVIDENCE.] The court may receive evidence on the 225.21 factors in this section to determine if the guidelines should be 225.22 exceeded or modified in a particular case. 225.23 Subd. 4. [NO DEVIATION WHEN PAYMENTS ARE MADE TO THE 225.24 PUBLIC AUTHORITY EXCEPT FOR EXTREME HARDSHIP.] If the child 225.25 support payments are assigned to the public authority, the court 225.26 may not deviate downward from the child support guidelines 225.27 unless the court specifically finds that the failure to deviate 225.28 downward would impose an extreme hardship on the obligor. 225.29 Subd. 5. [NO DEPARTURE BASED ON JOINT LEGAL CUSTODY.] An 225.30 award of joint legal custody is not a reason for departure from 225.31 the guidelines. 225.32 Sec. 17. [517C.18] [WRITTEN FINDINGS.] 225.33 Subdivision 1. [NO DEVIATION.] If the court does not 225.34 deviate from the guidelines, the court must make written 225.35 findings concerning the amount of the parties' income used as 225.36 the basis for the guidelines calculation and any other 226.1 significant evidentiary factors affecting the determination of 226.2 child support. 226.3 Subd. 2. [DEVIATION.] (a) If the court deviates from the 226.4 guidelines, the court must make written findings giving the 226.5 amount of support calculated under the guidelines, the reasons 226.6 for the deviation, and must specifically address the criteria in 226.7 section 517C.17 and how the deviation serves the best interests 226.8 of the child. 226.9 (b) The court may deviate from the guidelines if both 226.10 parties agree and the court makes written findings that it is in 226.11 the best interests of the child, except that in cases where 226.12 child support payments are assigned to the public authority 226.13 under section 256.741, the court may deviate downward only as 226.14 provided in section 517C.17, subdivision 4. Nothing in this 226.15 section prohibits the court from deviating in other cases. 226.16 Subd. 3. [WRITTEN FINDINGS REQUIRED IN EVERY CASE.] The 226.17 provisions of this section apply whether or not the parties are 226.18 each represented by independent counsel and have entered into a 226.19 written agreement. The court must review stipulations presented 226.20 to it for conformity to the guidelines. The court is not 226.21 required to conduct a hearing, but the parties must provide the 226.22 documentation of earnings required under section 517C.10. 226.23 Sec. 18. [517C.19] [GUIDELINES REVIEW.] 226.24 No later than 2002 and every four years after that, the 226.25 department of human services must conduct a review of the child 226.26 support guidelines. 226.27 Sec. 19. [517C.20] [EDUCATION TRUST FUND.] 226.28 The parties may agree to designate a sum of money above 226.29 court-ordered child support as a trust fund for the costs of 226.30 post-secondary education. 226.31 Sec. 20. [517C.25] [MODIFICATION; GENERAL.] 226.32 Subdivision 1. [AUTHORITY.] After a child support order is 226.33 established, the court may, on motion of a party, modify the 226.34 order respecting the amount and payment of support. The court 226.35 may make an order respecting any matters it had authority to 226.36 address in the original proceeding, except as otherwise provided 227.1 in section 517C.29. A party or the public authority also may 227.2 make a motion for contempt of court if the obligor is in arrears 227.3 in support payments. 227.4 Subd. 2. [GUIDELINES REMAIN APPLICABLE.] On a motion for 227.5 modification of support, the guidelines in this chapter remain 227.6 applicable. 227.7 Subd. 3. [EVIDENTIARY HEARING NOT REQUIRED.] The court 227.8 need not hold an evidentiary hearing on a motion for 227.9 modification of child support. 227.10 Subd. 4. [FORM.] The state court administrator must 227.11 prepare and make available to courts, obligors, and obligees a 227.12 form to be submitted in support of a motion for a modification 227.13 of child support or for contempt of court. 227.14 Sec. 21. [517C.26] [REOPENING AN ORDER.] 227.15 Subdivision 1. [FACTORS.] Upon the motion of a party, the 227.16 court may rescind a child support order or judgment and may 227.17 issue a new order or grant other relief as may be just for the 227.18 following reasons: 227.19 (1) mistake, inadvertence, surprise, or excusable neglect; 227.20 (2) newly discovered evidence that could not have been 227.21 discovered by due diligence in time to move for a new trial 227.22 under the rules of civil procedure; 227.23 (3) fraud, whether denominated intrinsic or extrinsic, 227.24 misrepresentation, or other misconduct of an adverse party; 227.25 (4) the judgment or order is void; 227.26 (5) the judgment has been satisfied, released, or 227.27 discharged; 227.28 (6) the judgment is based on a prior order that has been 227.29 reversed or otherwise vacated; or 227.30 (7) it is no longer equitable that the order should have 227.31 prospective application. 227.32 Subd. 2. [PROCEDURE; EFFECT.] The motion must be made 227.33 within a reasonable time, and, for a reason under subdivision 1, 227.34 clause (1), (2), or (3), not more than one year after the 227.35 judgment and decree, order, or proceeding was entered or taken. 227.36 A motion under this section does not affect the finality of an 228.1 order or suspend its operation. This section does not limit the 228.2 power of a court to entertain an independent action to relieve a 228.3 party from an order or proceeding or to grant relief to a party 228.4 not actually personally notified as provided in the rules of 228.5 civil procedure, or to set aside a judgment for fraud upon the 228.6 court. 228.7 Sec. 22. [517C.27] [CHANGE IN CUSTODY OR PARENTING TIME.] 228.8 Subdivision 1. [OFFICIAL CHANGE IN CUSTODY.] If an obligee 228.9 has been granted sole physical custody of a child, the child 228.10 subsequently lives with the obligor, and temporary sole physical 228.11 custody has been approved by the court or by a court-appointed 228.12 referee, the court may suspend the obligor's child support 228.13 obligation pending the final custody determination. The court's 228.14 order denying the suspension of child support must include a 228.15 written explanation of the reasons why continuation of the child 228.16 support obligation would be in the best interests of the child. 228.17 Subd. 2. [UNOFFICIAL CHANGE IN CUSTODY.] The court may 228.18 conclude that an obligor has satisfied a child support 228.19 obligation by providing a home, care, and support for the child 228.20 while the child is living with the obligor, if the court finds 228.21 that the child was integrated into the family of the obligor 228.22 with the consent of the obligee and child support payments were 228.23 not assigned to the public authority. 228.24 Subd. 3. [30-DAY CHANGE.] A support order issued under 228.25 this chapter may provide that during any period of time of 30 228.26 consecutive days or longer that the child is residing with the 228.27 obligor, the amount of support otherwise due under the order may 228.28 be reduced. 228.29 Sec. 23. [517C.28] [SUBSTANTIAL CHANGE IN CIRCUMSTANCES, 228.30 EARNINGS, OR NEEDS.] 228.31 Subdivision 1. [FACTORS.] The terms of a child support 228.32 order may be modified upon a showing of one or more of the 228.33 following: 228.34 (1) substantially increased or decreased earnings of a 228.35 party; 228.36 (2) substantially increased or decreased need of a party or 229.1 the child that is the subject of these proceedings; 229.2 (3) receipt of assistance under the AFDC program formerly 229.3 codified under sections 256.72 to 256.87 or 256B.01 to 256B.40 229.4 or chapter 256J or 256K; 229.5 (4) a change in the cost of living for either party, as 229.6 measured by the federal Bureau of Statistics, that makes the 229.7 terms unreasonable and unfair; 229.8 (5) extraordinary medical expenses of the child not 229.9 provided for under section 517C.15; 229.10 (6) the addition of work-related or education-related child 229.11 care expenses of the obligee or a substantial increase or 229.12 decrease in existing work-related or education-related child 229.13 care expenses; or 229.14 (7) upon the emancipation of a child if there is still a 229.15 child under the order. A child support obligation for two or 229.16 more children that is not a support obligation in a specific 229.17 amount per child continues in the full amount until modified or 229.18 until the emancipation of the last child for whose benefit the 229.19 order was made. 229.20 Subd. 2. [PRESUMPTIONS.] It is presumed that there has 229.21 been a substantial change in circumstances under subdivision 1 229.22 and the terms of a current support order are rebuttably presumed 229.23 to be unreasonable and unfair if: 229.24 (1) when applied to the current circumstances of the 229.25 parties, the presumptive child support amount derived under this 229.26 chapter is at least 20 percent and at least $50 per month higher 229.27 or lower than the current support order; 229.28 (2) the medical support provisions of the order established 229.29 under section 517C.15 are not enforceable by the public 229.30 authority or the obligee; 229.31 (3) health insurance coverage ordered under section 517C.15 229.32 is not available to the child for whom the order is established 229.33 by the parent ordered to provide it; or 229.34 (4) the existing support obligation is in the form of a 229.35 statement of percentage and not a specific dollar amount. 229.36 Subd. 3. [SUBSEQUENT CHILD.] The needs of a subsequent 230.1 child must not be factored into a support guidelines 230.2 calculation. The fact that an obligor had an additional child 230.3 after the entry of a child support order is not grounds for a 230.4 modification to decrease the amount of support owed. However, 230.5 the fact that an obligor has a subsequent child must be 230.6 considered in response to a request by an obligee for a 230.7 modification to increase child support. In order to deviate 230.8 from the presumptive support amount derived under this chapter 230.9 to consider the needs of a subsequent child, the trial court 230.10 must: 230.11 (1) find the obligor's total ability to contribute to 230.12 dependent children, taking into account the obligor's income and 230.13 reasonable expenses exclusive of child care. The obligor's 230.14 expenses must be: 230.15 (i) reduced as appropriate to take into account 230.16 contributions to those costs by other adults who share the 230.17 obligor's current household; and 230.18 (ii) apportioned between the parent and a subsequent child 230.19 with regard to shared benefits, including, but not limited to, 230.20 housing and transportation; 230.21 (2) find the total needs of all the obligor's children, and 230.22 if these needs are less than the obligor's ability to pay, the 230.23 needs may become the obligor's child support obligation. When 230.24 considering the needs of a subsequent child, the trial court 230.25 must reduce those amounts as appropriate to take into account 230.26 the ability to contribute to those needs by another parent of 230.27 the child; 230.28 (3) make specific findings on the needs of the child or 230.29 children who are the subject of the support order under 230.30 consideration; and 230.31 (4) exercise discretion to fairly determine the current 230.32 support obligation and the contribution left available for other 230.33 children, considering that the support obligation being 230.34 determined should be in an amount at least equal to the 230.35 contribution for a subsequent child. 230.36 Sec. 24. [517C.29] [MODIFICATION EFFECTIVE DATE.] 231.1 Subdivision 1. [DATE OF MOTION DETERMINATIVE.] A 231.2 modification of support, including interest that accrued 231.3 pursuant to section 548.091, may be made effective no sooner 231.4 than the date of service of notice of the motion for 231.5 modification on the responding parties. 231.6 Subd. 2. [RETROACTIVE MODIFICATION PERMITTED ONLY IN 231.7 LIMITED CIRCUMSTANCES.] Notwithstanding subdivision 1, 231.8 modification may be applied to an earlier period if the court 231.9 makes express findings that: 231.10 (1) the party seeking modification was precluded from 231.11 serving a motion by reason of a significant physical or mental 231.12 disability, a material misrepresentation of another party, or 231.13 fraud upon the court; and the party seeking modification, when 231.14 no longer precluded, promptly served a motion; 231.15 (2) the party seeking modification was a recipient of 231.16 federal Supplemental Security Income (SSI), Title II Older 231.17 Americans Insurance, Survivor's Disability Insurance (OASDI), 231.18 other disability benefits, or public assistance based upon need 231.19 during the period for which retroactive modification is sought; 231.20 or 231.21 (3) the order the party seeks to amend was entered by 231.22 default, the party shows good cause for not appearing, and the 231.23 record contains no factual evidence, or clearly erroneous 231.24 evidence, regarding the obligor's ability to pay. 231.25 Subd. 3. [CHILD CARE EXCEPTION.] The court may provide 231.26 that a reduction in the amount allocated for child care expenses 231.27 based on a substantial decrease in the expenses is effective as 231.28 of the date the expenses decreased. 231.29 Sec. 25. [517C.30] [TERMINATION OF CHILD SUPPORT.] 231.30 Subdivision 1. [DEATH OF OBLIGOR.] Unless otherwise agreed 231.31 in writing or expressly provided in the order, provisions for 231.32 the support of a child are not terminated by the death of a 231.33 parent obligated to support the child. When a parent obligated 231.34 to pay support dies, the amount of support may be modified, 231.35 revoked, or commuted to a lump sum payment, to the extent just 231.36 and appropriate in the circumstances. 232.1 Subd. 2. [AUTOMATIC TERMINATION.] (a) Unless a court order 232.2 provides otherwise, a child support obligation in a specific 232.3 amount per child terminates automatically and without any action 232.4 by the obligor to reduce, modify, or terminate the order upon 232.5 the emancipation of the child. 232.6 (b) A child support obligation for two or more children 232.7 that is not a support obligation in a specific amount per child 232.8 continues in the full amount until the emancipation of the last 232.9 child for whose benefit the order was made, or until further 232.10 order of the court. 232.11 (c) The obligor may request a modification of the obligor's 232.12 child support order upon the emancipation of a child if there 232.13 are still minor children under the order. The child support 232.14 obligation shall be determined based on the income of the 232.15 parties at the time the modification is sought. 232.16 Sec. 26. [517C.31] [COST-OF-LIVING ADJUSTMENTS.] 232.17 Subdivision 1. [GENERAL.] An order for child support must 232.18 provide for a biennial adjustment in the amount to be paid based 232.19 on a change in the cost of living. Cost-of-living adjustments 232.20 are compounded. 232.21 Subd. 2. [REQUEST FOR COST-OF-LIVING CLAUSE.] If an 232.22 existing support order does not contain a cost-of-living clause, 232.23 the obligee or public authority may request one. A motion for 232.24 enforcement or modification of an existing support order must 232.25 include a request for a cost-of-living clause if the existing 232.26 support order does not contain one. 232.27 Subd. 3. [WAIVER.] A court may waive the requirement of 232.28 the cost-of-living clause if it expressly finds that the 232.29 obligor's occupation or income, or both, does not provide for 232.30 cost-of-living adjustment or that the order for child support 232.31 has a provision such as a step increase that has the effect of a 232.32 cost-of-living clause. 232.33 Subd. 4. [INDEX; AMOUNT.] (a) An order that provides for a 232.34 cost-of-living adjustment must specify the cost-of-living index 232.35 to be applied. The court may use the Consumer Price Index for 232.36 All Urban Consumers, Minneapolis-St. Paul (CPI-U), the Consumer 233.1 Price Index for Wage Earners and Clerical, Minneapolis-St. Paul 233.2 (CPI-W), or another cost-of-living index published by the 233.3 department of labor that the court specifically finds is more 233.4 appropriate. 233.5 (b) The court may increase the amount by more than the 233.6 cost-of-living adjustment by agreement of the parties or by 233.7 making further findings. 233.8 Subd. 5. [EFFECTIVE DATE.] If payment is made to the 233.9 public authority, an adjustment is effective on May 1 of the 233.10 year it is made. If payment is not made to the public 233.11 authority, an adjustment may be made in any month but no 233.12 adjustment may be made sooner than two years after the date of 233.13 the dissolution decree. A support order must specify the 233.14 effective date of cost-of-living adjustments. 233.15 Subd. 6. [CONDITIONS.] A cost-of-living adjustment may not 233.16 be made unless: 233.17 (1) the support order requires it; and 233.18 (2) the obligee or public authority notifies the obligor of 233.19 the adjustment by mail at the obligor's last known address at 233.20 least 20 days before the effective date of the adjustment. The 233.21 notice must inform the obligor of the effective date of the 233.22 adjustment, the right to contest the adjustment, and the 233.23 permissible grounds to contest the adjustment. 233.24 Subd. 7. [CONTEST; GROUNDS; HEARING.] (a) To contest a 233.25 cost-of-living adjustment, an obligor must request a hearing 233.26 before the effective date of the adjustment. The request for a 233.27 hearing must be made to the court and served on the other 233.28 parties. The obligor may make an ex parte motion to stay 233.29 imposition of the adjustment pending outcome of the hearing. 233.30 (b) An obligor may contest a cost-of-living adjustment on 233.31 the grounds that the obligor has an insufficient increase in 233.32 income to fulfill the adjusted child support obligation. 233.33 (c) At a hearing, if the obligor establishes an 233.34 insufficient increase in income to fulfill the adjusted child 233.35 support obligation, the court may direct that all or part of the 233.36 adjustment not take effect. 234.1 (d) At a hearing, if the obligor does not establish an 234.2 insufficient increase in income, the adjustment must take effect 234.3 as of the date originally specified in the support order. 234.4 Subd. 8. [FORM.] The department of human services must 234.5 prepare and make available to the court and obligors a form to 234.6 be submitted in support of a request for a hearing under this 234.7 section. 234.8 Subd. 9. [RULES.] The commissioner of human services may 234.9 promulgate rules for child support adjustments under this 234.10 section in accordance with the rulemaking provisions of chapter 234.11 14. 234.12 Sec. 27. [517C.35] [ASSIGNMENT.] 234.13 Subdivision 1. [GENERAL.] The court must direct that all 234.14 payments ordered for support be made to the public authority if 234.15 the obligee is receiving or has applied for public assistance. 234.16 Amounts received by the public authority greater than the amount 234.17 granted to the obligee must be remitted to the obligee pursuant 234.18 to federal requirements. 234.19 Subd. 2. [JUDGMENTS.] The court administrator must enter 234.20 and docket a judgment obtained by operation of law under section 234.21 548.091, subdivision 1, in the name of the public authority to 234.22 the extent that the obligation has been assigned. When arrears 234.23 are reduced to judgment and section 548.091 is not applicable, 234.24 the court must grant judgment in favor of, and in the name of, 234.25 the public authority to the extent that the arrears are 234.26 assigned. The public authority must file notice of an 234.27 assignment with the court administrator, who must enter the 234.28 notice in the docket. The public authority may then enforce a 234.29 judgment entered before the assignment of rights as if the 234.30 judgment were granted to it, and in its name, to the extent that 234.31 the arrears in that judgment are assigned. 234.32 Subd. 3. [PROPERTY LIEN.] The court may make any child 234.33 support order a lien or charge upon the property of the obligor, 234.34 either at the time of the entry of the judgment or by subsequent 234.35 order upon proper application. 234.36 Sec. 28. [517C.36] [PARTY STATUS.] 235.1 Subdivision 1. [WHEN A PARTY RECEIVES PUBLIC 235.2 ASSISTANCE.] The public authority is joined as a party if the 235.3 obligee is receiving, or subsequently applies for, public 235.4 assistance and rights are assigned under section 256.741, 235.5 subdivision 2. 235.6 Subd. 2. [NO PUBLIC ASSISTANCE; APPLICATION FOR SERVICES.] 235.7 If the obligee is not receiving public assistance, but has 235.8 applied for child support services, the public authority has a 235.9 pecuniary interest, as well as an interest in the welfare of a 235.10 child. The public authority may intervene as a matter of right 235.11 in those cases to ensure that child support orders are obtained, 235.12 enforced, and provide for an appropriate and accurate level of 235.13 child, medical, and child care support. If the public authority 235.14 participates in a case where the action taken by the public 235.15 authority requires the use of an attorney's services, the public 235.16 authority must be represented by an attorney consistent with the 235.17 provisions in section 517C.37. 235.18 Sec. 29. [517C.37] [ROLE OF THE PUBLIC AUTHORITY.] 235.19 Subdivision 1. [PUBLIC AUTHORITY DOES NOT REPRESENT 235.20 OBLIGOR OR OBLIGEE.] The provision of services under the child 235.21 support enforcement program that includes services by an 235.22 attorney or an attorney's representative employed by, under 235.23 contract to, or representing the public authority does not 235.24 create an attorney-client relationship with any party other than 235.25 the public authority. Attorneys employed by or under contract 235.26 with the public authority have an affirmative duty to inform 235.27 applicants and recipients of services under the child support 235.28 enforcement program that no attorney-client relationship exists 235.29 between the attorney and the applicant or recipient. This 235.30 section applies to all legal services provided by the child 235.31 support enforcement program. 235.32 Subd. 2. [WRITTEN NOTICE.] The public authority must 235.33 provide written notice to an applicant or recipient of services 235.34 that: 235.35 (1) no attorney-client relationship exists between the 235.36 attorney and the applicant or recipient; 236.1 (2) the rights of the individual as a subject of data are 236.2 controlled by section 13.04, subdivision 2; and 236.3 (3) the individual has a right to have an attorney 236.4 represent the individual. 236.5 Subd. 3. [POWER TO REPRESENT OTHER PUBLIC 236.6 AUTHORITIES.] The public authority may act on behalf of a public 236.7 authority from another jurisdiction. This includes the 236.8 authority to represent the legal interests of, or execute 236.9 documents on behalf of, the other public authority in connection 236.10 with the establishment, enforcement, and collection of child 236.11 support and collection on judgments. 236.12 Sec. 30. [517C.38] [SERVICE FEES.] 236.13 Subdivision 1. [OBLIGOR FEE.] When the public authority 236.14 provides child support collection services either to a public 236.15 assistance recipient or to a party who does not receive public 236.16 assistance, the public authority may upon written notice to the 236.17 obligor charge a monthly collection fee equivalent to the full 236.18 monthly cost to the county of providing collection services, in 236.19 addition to the amount of the child support ordered by the 236.20 court. The fee must be deposited in the county general fund. 236.21 The service fee assessed is limited to ten percent of the 236.22 monthly court ordered child support and must not be assessed to 236.23 obligors who are current in payment of the monthly court ordered 236.24 child support. 236.25 Subd. 2. [OBLIGEE FEE.] An application fee of $25 must be 236.26 paid by the person who applies for child support and maintenance 236.27 collection services, except persons who are receiving public 236.28 assistance as defined in section 256.741, persons who transfer 236.29 from public assistance to nonpublic assistance status, and minor 236.30 parents and parents enrolled in a public secondary school, area 236.31 learning center, or alternative learning program approved by the 236.32 commissioner of children, families, and learning. 236.33 Subd. 3. [TAX INTERCEPT FEES.] Fees assessed by state and 236.34 federal tax agencies for collection of overdue support owed to 236.35 or on behalf of a person not receiving public assistance must be 236.36 imposed on the person for whom these services are provided. The 237.1 public authority upon written notice to the obligee must assess 237.2 a fee of $25 to the person not receiving public assistance for 237.3 each successful federal tax interception. The fee must be 237.4 withheld prior to the release of the funds received from each 237.5 interception and must be deposited in the general fund. 237.6 Subd. 4. [COMPLIANCE WITH FEDERAL LAW.] The limitations of 237.7 this section on the assessment of fees do not apply to the 237.8 extent they are inconsistent with the requirements of federal 237.9 law for receiving funds for the programs under Title IV-A and 237.10 Title IV-D of the Social Security Act, United States Code, title 237.11 42, sections 601 to 613 and 651 to 662. 237.12 Sec. 31. [517C.39] [PUBLIC AUTHORITY PROCEDURES FOR CHILD 237.13 SUPPORT AND PARENTAGE ORDERS.] 237.14 The public authority may use the provisions of sections 237.15 517C.40 to 517C.44 when support rights are assigned under 237.16 section 256.741, subdivision 2, or when the public authority is 237.17 providing services under an application for child support 237.18 services. 237.19 Sec. 32. [517C.40] [NONATTORNEY EMPLOYEE DUTIES.] 237.20 Subdivision 1. [DUTIES PERFORMED UNDER SUPERVISION OF 237.21 COUNTY ATTORNEY.] (a) The county attorney must review and 237.22 approve as to form and content all pleadings and other legal 237.23 documents prepared by nonattorney employees of the public 237.24 authority for use in the expedited child support process. 237.25 (b) Under the direction of, and in consultation with, the 237.26 county attorney, nonattorney employees of the public authority 237.27 may perform the following legal duties: 237.28 (1) meet and confer with parties by mail, telephone, 237.29 electronic, or other means regarding legal issues; 237.30 (2) explain to parties the purpose, procedure, and function 237.31 of the expedited child support process and the role and 237.32 authority of nonattorney employees of the public authority 237.33 regarding legal issues; 237.34 (3) prepare pleadings, including, but not limited to, 237.35 summonses and complaints, notices, motions, subpoenas, orders to 237.36 show cause, proposed orders, administrative orders, and 238.1 stipulations and agreements; 238.2 (4) issue administrative subpoenas; 238.3 (5) prepare judicial notices; 238.4 (6) negotiate settlement agreements; 238.5 (7) attend and participate as a witness in hearings and 238.6 other proceedings and, if requested by the child support 238.7 magistrate, present evidence, agreements and stipulations of the 238.8 parties, and any other information deemed appropriate by the 238.9 magistrate; 238.10 (8) participate in other activities and perform other 238.11 duties delegated by the county attorney; and 238.12 (9) exercise other powers and perform other duties as 238.13 permitted by statute or court rule. 238.14 Subd. 2. [DUTIES PERFORMED AUTONOMOUSLY.] Nonattorney 238.15 employees of the public authority may perform the following 238.16 duties without direction from the county attorney: 238.17 (1) gather information on behalf of the public authority; 238.18 (2) prepare financial worksheets; 238.19 (3) obtain income information from the department of 238.20 economic security and other sources; 238.21 (4) serve documents on parties; 238.22 (5) file documents with the court; 238.23 (6) meet and confer with parties by mail, telephone, 238.24 electronic, or other means regarding nonlegal issues; 238.25 (7) explain to parties the purpose, procedure, and function 238.26 of the expedited child support process and the role and 238.27 authority of nonattorney employees of the public authority 238.28 regarding nonlegal issues; and 238.29 (8) perform other routine nonlegal duties as assigned. 238.30 Subd. 3. [PRACTICE OF LAW.] Performance of the duties 238.31 prescribed in subdivisions 1 and 2 by nonattorney employees of 238.32 the public authority does not constitute the unauthorized 238.33 practice of law for purposes of section 481.02. 238.34 Sec. 33. [517C.41] [FINANCIAL WORKSHEET.] 238.35 Subdivision 1. [PREPARATION.] In cases involving 238.36 establishment or modification of a child support order, a 239.1 nonattorney employee of the public authority must prepare a 239.2 financial worksheet that contains: 239.3 (1) names and addresses of the parties; 239.4 (2) social security numbers of the parties; 239.5 (3) number of members in each party's household and 239.6 dependents of the parties; 239.7 (4) names and addresses of the parties' employers; 239.8 (5) gross income of the parties as defined in this chapter; 239.9 (6) amounts and sources of any other earnings and income of 239.10 the parties; 239.11 (7) health insurance coverage of parties; and 239.12 (8) any other information relevant to the determination of 239.13 child or medical support under this chapter. 239.14 Subd. 2. [INCOME INFORMATION.] In preparing the financial 239.15 worksheet, the nonattorney employee of the public authority must 239.16 obtain income information available to the public authority from 239.17 the department of economic security and serve this information 239.18 on the parties. The information must be filed with the court or 239.19 child support magistrate at least five days before a hearing 239.20 involving child support, medical support, or child care 239.21 reimbursement issues. 239.22 Sec. 34. [517C.42] [NONCONTESTED MATTERS.] 239.23 Under the direction of the county attorney and based on 239.24 agreement of the parties, nonattorney employees may prepare a 239.25 stipulation, findings of fact, conclusions of law, and proposed 239.26 order. The documents must be approved and signed by the county 239.27 attorney as to form and content before submission to the court 239.28 or child support magistrate for approval. 239.29 Sec. 35. [517C.43] [ADMINISTRATIVE AUTHORITY; PARENTAGE; 239.30 SUPPORT.] 239.31 Subdivision 1. [POWERS.] The public authority may take the 239.32 following actions relating to establishment of paternity or to 239.33 establishment, modification, or enforcement of support orders, 239.34 without the necessity of obtaining an order from a judicial or 239.35 administrative tribunal: 239.36 (1) recognize and enforce orders of child support agencies 240.1 of other states; 240.2 (2) upon request for genetic testing by a child, parent, or 240.3 an alleged parent, and using the procedure in subdivision 2, 240.4 order the child, parent, or alleged parent to submit to blood or 240.5 genetic testing for the purpose of establishing paternity; 240.6 (3) subpoena financial or other information needed to 240.7 establish, modify, or enforce a child support order and request 240.8 sanctions for failure to respond to a subpoena; 240.9 (4) upon notice to the obligor, obligee, and the 240.10 appropriate court, direct the obligor or other payor to change 240.11 the payee to the central collections unit under section 517C.50; 240.12 (5) order income withholding of child support under section 240.13 517C.52; 240.14 (6) secure assets to satisfy a support debt or arrears by: 240.15 (i) intercepting or seizing periodic or lump-sum payments 240.16 from state or local agencies, including reemployment 240.17 compensation, workers' compensation payments, judgments, 240.18 settlements, lotteries, and other lump-sum payments; 240.19 (ii) attaching and seizing assets of the obligor held in 240.20 financial institutions or public or private retirement funds; 240.21 and 240.22 (iii) imposing liens in accordance with section 548.091, 240.23 and, in appropriate cases, forcing the sale of property and the 240.24 distribution of proceeds; 240.25 (7) for the purpose of securing overdue support, increase 240.26 the amount of the monthly support payments by an additional 240.27 amount equal to 20 percent of the monthly support payment to 240.28 include amounts for debts or arrears; and 240.29 (8) subpoena an employer or payor of funds to provide 240.30 promptly information on the employment, compensation, and 240.31 benefits of an individual employed by that employer as an 240.32 employee or contractor, and to request sanctions for failure to 240.33 respond to the subpoena as provided by law. 240.34 Subd. 2. [GENETIC TESTING.] (a) A request for genetic 240.35 testing by a child, parent, or alleged parent must be supported 240.36 by a sworn statement by the person requesting genetic testing 241.1 that: 241.2 (1) alleges paternity and sets forth facts establishing a 241.3 reasonable possibility of the requisite sexual contact between 241.4 the parties; or 241.5 (2) denies paternity and sets forth facts establishing a 241.6 reasonable possibility of the nonexistence of sexual contact 241.7 between the alleged parties. 241.8 (b) The order for genetic tests may be served anywhere 241.9 within the state and served outside the state in the same manner 241.10 as prescribed by law for service of subpoenas issued by the 241.11 district court of this state. 241.12 (c) If the child, parent, or alleged parent fails to comply 241.13 with the genetic testing order, the public authority may seek to 241.14 enforce that order in district court through a motion to compel 241.15 testing. 241.16 (d) No results obtained through genetic testing done in 241.17 response to an order issued under this section may be used in a 241.18 criminal proceeding. 241.19 Subd. 3. [SUBPOENAS.] (a) Subpoenas may be served anywhere 241.20 within the state and served outside the state in the same manner 241.21 as prescribed by law for service of process of subpoenas issued 241.22 by the district court of this state. When a subpoena under this 241.23 subdivision is served on a third-party recordkeeper, written 241.24 notice of the subpoena must be mailed to the person who is the 241.25 subject of the subpoenaed material at the person's last known 241.26 address within three days of the day the subpoena is served. 241.27 This notice provision does not apply if there is reasonable 241.28 cause to believe the giving of the notice may lead to 241.29 interference with the production of the subpoenaed documents. 241.30 (b) A person served with a subpoena may make a written 241.31 objection to the public authority or court before the time 241.32 specified in the subpoena for compliance. The public authority 241.33 or the court may cancel or modify the subpoena, if appropriate. 241.34 The public authority must pay the reasonable costs of producing 241.35 the documents, if requested. 241.36 (c) Subpoenas are enforceable in the same manner as 242.1 subpoenas of the district court. Upon motion of the county 242.2 attorney, the court may issue an order directing the production 242.3 of the records. A person who fails to comply with the court 242.4 order is subject to civil or criminal contempt of court. 242.5 Subd. 4. [DUE PROCESS.] The administrative actions under 242.6 this section are subject to due process safeguards, including 242.7 requirements for notice, opportunity to contest the action, and 242.8 opportunity to appeal the order to a judge, judicial officer, or 242.9 child support magistrate. 242.10 Sec. 36. [517C.44] [SHARING OF INFORMATION; DATA.] 242.11 Subdivision 1. [GENERAL.] The public authority may share 242.12 available and relevant information on the parties in order to 242.13 perform its duties under this chapter or under supreme court 242.14 rules governing the expedited child support hearing process 242.15 under section 484.702, subject to the limitations of subdivision 242.16 3, section 256.87, subdivision 8, and section 257.70. 242.17 Subd. 2. [DATA DISCLOSED TO AN ATTORNEY OF THE PUBLIC 242.18 AUTHORITY.] (a) Data disclosed by an applicant for, or recipient 242.19 of, child support services to an attorney employed by, or under 242.20 contract with, the public authority is private data on an 242.21 individual. However, the data may be disclosed under section 242.22 13.46, subdivision 2, clauses (1) to (3) and (6) to (19), and in 242.23 order to obtain, modify, or enforce child support, medical 242.24 support, and parentage determinations. 242.25 (b) An attorney employed by, or under contract with, the 242.26 public authority may disclose additional information received 242.27 from an applicant for, or recipient of, services for other 242.28 purposes with the consent of the individual applicant for, or 242.29 recipient of, child support services. 242.30 Subd. 3. [PROHIBITED DISCLOSURE.] In all proceedings under 242.31 this chapter in which public assistance is assigned under 242.32 section 256.741, or the public authority provides services to a 242.33 party or parties to the proceedings, notwithstanding statutory 242.34 or other authorization for the public authority to release 242.35 private data on the location of a party to the action, 242.36 information on the location of one party may not be released by 243.1 the public authority to the other party if: 243.2 (1) the public authority has knowledge that a protective 243.3 order with respect to the other party has been entered; or 243.4 (2) the public authority has reason to believe that the 243.5 release of the information may result in physical or emotional 243.6 harm to the other party. 243.7 Sec. 37. [517C.45] [SUFFICIENCY OF NOTICE.] 243.8 Automated child support notices sent by the public 243.9 authority which do not require service are sufficient notice 243.10 when issued and mailed by first class mail to the person's last 243.11 known address. 243.12 Sec. 38. [517C.50] [CHILD SUPPORT PAYMENT CENTER; CENTRAL 243.13 COLLECTIONS UNIT.] 243.14 Subdivision 1. [CREATION.] (a) The commissioner of human 243.15 services must create and maintain a central collections unit to 243.16 receive, process, and disburse payments, and to maintain a 243.17 record of payments in cases when: 243.18 (1) the public authority is a party; 243.19 (2) the public authority provides child support enforcement 243.20 services to a party; or 243.21 (3) payment is collected through income withholding. 243.22 (b) The commissioner may contract for services to carry out 243.23 these provisions if the commissioner first meets and negotiates 243.24 with the affected exclusive representatives. 243.25 Subd. 2. [CREDITOR COLLECTIONS.] The central collections 243.26 unit under this section is not a third party under chapters 550, 243.27 552, and 571 for purposes of creditor collection efforts against 243.28 child support and maintenance order obligors or obligees, and is 243.29 not subject to creditor levy, attachment, or garnishment. 243.30 Sec. 39. [517C.51] [MANDATORY PAYMENT OF OBLIGATIONS TO 243.31 CENTRAL COLLECTIONS UNIT.] 243.32 Subdivision 1. [GENERAL.] All payments described in 243.33 section 517C.50 must be made to the central collections unit. 243.34 Subd. 2. [LOCAL PAYMENT; TRANSMITTAL.] The public 243.35 authority must provide a location for obligors to pay child 243.36 support in each local jurisdiction. When the public authority 244.1 receives a payment it must transmit the funds to the central 244.2 collections unit within one working day. 244.3 Subd. 3. [INCENTIVES.] Notwithstanding a rule to the 244.4 contrary, incentives must be paid to the county providing 244.5 services and maintaining the case to which the payment is 244.6 applied. Incentive payments awarded for the collection of child 244.7 support must be based solely upon payments processed by the 244.8 central collections unit. Incentive payments received by the 244.9 county under this subdivision must be used for county child 244.10 support collection efforts. 244.11 Subd. 4. [ELECTRONIC FUNDS TRANSFER.] The central 244.12 collections unit may receive and disburse funds electronically. 244.13 Subd. 5. [REQUIRED CONTENT OF ORDER.] A tribunal issuing 244.14 an order that establishes or modifies a payment must issue an 244.15 income withholding order in conformity with section 517C.52. 244.16 The automatic income withholding order must include the name of 244.17 the obligor, the obligor's social security number, the obligor's 244.18 date of birth, and the name and address of the obligor's 244.19 employer. The street mailing address and the electronic mail 244.20 address for the central collections unit must be included in 244.21 each automatic income withholding order issued by a tribunal. 244.22 Subd. 6. [TRANSMITTAL OF ORDER TO THE PUBLIC AUTHORITY BY 244.23 THE TRIBUNAL.] The tribunal must transmit a copy of the order 244.24 establishing or modifying the payment, and a copy of the 244.25 automatic income withholding order, to the public authority 244.26 within two working days of the approval of the order by the 244.27 judge or child support magistrate or other person or entity 244.28 authorized to sign the automatic withholding order. 244.29 Subd. 7. [TRANSMITTAL OF FUNDS FROM THE OBLIGOR OR PAYOR 244.30 OF FUNDS TO THE CENTRAL COLLECTIONS UNIT.] The obligor or other 244.31 payor of funds must identify the obligor on the check or 244.32 remittance by name, payor number, and social security number, 244.33 and must comply with section 517C.52. 244.34 Subd. 8. [SANCTION FOR CHECKS DRAWN ON INSUFFICIENT 244.35 FUNDS.] A notice may be directed to a person or entity 244.36 submitting a check drawn on insufficient funds stating that 245.1 future payments must be made by cash or certified funds. The 245.2 central collections unit and the public authority may refuse a 245.3 check from a person or entity that has been given notice that 245.4 payments must be in cash or certified funds. 245.5 Subd. 9. [ADMISSIBILITY OF PAYMENT RECORDS.] A copy of the 245.6 record of payments maintained by the central collections unit is 245.7 admissible evidence in all tribunals as proof of payments made 245.8 through the central collections unit without the need of 245.9 testimony to prove authenticity. 245.10 Subd. 10. [TRANSITION PROVISIONS.] (a) The commissioner of 245.11 human services must develop a plan for the implementation of the 245.12 central collections unit. The plan must require that payments 245.13 be redirected to the central collections unit. Payments may be 245.14 redirected in groups according to county of origin, county of 245.15 payment, method of payment, type of case, or any other 245.16 distinguishing factor designated by the commissioner. 245.17 (b) Notice that payments must be made to the central 245.18 collections unit must be provided to the obligor and to the 245.19 payor of funds at least 30 days before payments are redirected 245.20 to the central collections unit. After the notice has been 245.21 provided to the obligor or payor of funds, mailed payments 245.22 received by the public authority must be forwarded to the 245.23 central collections unit. A notice must be sent to the obligor 245.24 or payor of funds stating that payment application may be 245.25 delayed and must provide directions to submit future payments to 245.26 the central collections unit. 245.27 Subd. 11. [COLLECTIONS UNIT RECOUPMENT ACCOUNT.] The 245.28 commissioner of human services may establish a revolving account 245.29 to cover funds issued in error due to insufficient funds or 245.30 other reasons. Appropriations for this purpose and all 245.31 recoupments against payments from the account must be deposited 245.32 in the collections unit's recoupment account and are 245.33 appropriated to the commissioner. An unexpended balance in the 245.34 account does not cancel, but is available until expended. 245.35 Sec. 40. [517C.52] [INCOME WITHHOLDING; GENERAL.] 245.36 Subdivision 1. [APPLICATION.] Sections 517C.52 to 517C.62 246.1 apply to all support orders issued by a court or an 246.2 administrative tribunal and orders for or notices of withholding 246.3 issued by the public authority according to section 517C.43, 246.4 subdivision 1, clause (5). 246.5 Subd. 2. [ORDER.] (a) Every support order must address 246.6 income withholding. Whenever a support order is initially 246.7 entered or modified, the full amount of the support order must 246.8 be withheld from the income of the obligor and forwarded to the 246.9 public authority. Sections 517C.51 to 517C.62 apply regardless 246.10 of the source of income of the person obligated to pay the child 246.11 support. 246.12 (b) A payor of funds must implement income withholding 246.13 according to sections 517C.51 to 517C.62 upon receipt of an 246.14 order for or notice of withholding. The notice of withholding 246.15 must be on a form provided by the commissioner of human services. 246.16 Subd. 3. [NOTICE; INCOME WITHHOLDING AND COLLECTION 246.17 SERVICES.] (a) The commissioner of human services must prepare 246.18 and make available to the courts a notice of services that 246.19 explains child support and maintenance collection services 246.20 available through the public authority, including income 246.21 withholding. Upon receiving a petition for dissolution of 246.22 marriage or legal separation, the court administrator must 246.23 promptly send the notice of services to the petitioner and 246.24 respondent at the addresses stated in the petition. 246.25 (b) Upon receipt of a support order requiring income 246.26 withholding, a petitioner or respondent, who is not a recipient 246.27 of public assistance and does not receive child support services 246.28 from the public authority, must apply to the public authority 246.29 for either full child support collection services or for income 246.30 withholding only services. 246.31 (c) For those persons applying for income withholding only 246.32 services, a monthly service fee of $15 must be charged to the 246.33 obligor. This fee is in addition to the amount of the support 246.34 order and must be withheld through income withholding. The 246.35 public authority must explain the service options in this 246.36 section to the affected parties and encourage the application 247.1 for full child support collection services. 247.2 Subd. 4. [CONTRACT FOR SERVICE.] To carry out income 247.3 withholding, the public authority may contract for services, 247.4 including the use of electronic funds transfer. 247.5 Subd. 5. [ELECTRONIC TRANSMISSION.] Orders or notices for 247.6 income withholding may be transmitted for enforcement purposes 247.7 by electronic means. 247.8 Sec. 41. [517C.53] [WAIVER OF INCOME WITHHOLDING.] 247.9 (a) If child support is not assigned to the public 247.10 authority, the court may waive income withholding requirements 247.11 if it finds there are no arrears as of the date of the hearing 247.12 and: 247.13 (1) one party demonstrates and the court finds there is 247.14 good cause to waive the requirements of sections 517C.51 to 247.15 517C.62 or to terminate an order for or notice of income 247.16 withholding previously entered; or 247.17 (2) all parties reach an agreement and the agreement is 247.18 approved by the court after a finding that the agreement is 247.19 likely to result in regular and timely payments. The court's 247.20 findings waiving the requirements of this paragraph must include 247.21 a written explanation of the reasons why income withholding 247.22 would not be in the best interests of the child. 247.23 (b) In addition to the other requirements in this section, 247.24 if the case involves a modification of support, the court must 247.25 make a finding that support has been timely made. 247.26 (c) If the court waives income withholding, the obligee or 247.27 obligor may at any time request subsequent income withholding 247.28 under section 517C.59. 247.29 Sec. 42. [517C.54] [PAYOR OF FUNDS RESPONSIBILITIES.] 247.30 Subdivision 1. [ACTIVATION.] An order for or notice of 247.31 withholding is binding on a payor of funds upon receipt. 247.32 Withholding must begin no later than the first pay period that 247.33 occurs after 14 days following the date of receipt of the order 247.34 for or notice of withholding. In the case of a financial 247.35 institution, preauthorized transfers must occur in accordance 247.36 with a court-ordered payment schedule. 248.1 Subd. 2. [PROCEDURE.] A payor of funds must withhold from 248.2 the income payable to the obligor the amount specified in the 248.3 order or notice of withholding and amounts specified under 248.4 sections 517C.58 and 517C.63 and must remit the amounts withheld 248.5 to the public authority within seven business days of the date 248.6 the obligor is paid the remainder of the income. The payor of 248.7 funds must include with the remittance the social security 248.8 number of the obligor, the case type indicator as provided by 248.9 the public authority, and the date the obligor is paid the 248.10 remainder of the income. The obligor is considered to have paid 248.11 the amount withheld as of the date the obligor received the 248.12 remainder of the income. A payor of funds may combine all 248.13 amounts withheld from one pay period into one payment to each 248.14 public authority, but must separately identify each obligor 248.15 making payment. 248.16 Subd. 3. [RETALIATION PROHIBITED.] A payor of funds must 248.17 not discharge, or refuse to hire, or otherwise discipline an 248.18 employee as a result of wage or salary withholding authorized by 248.19 this chapter. 248.20 Subd. 4. [UPDATED ORDERS.] If more than one order for or 248.21 notice of withholding exists involving the same obligor and 248.22 child, the public authority must enforce the most recent order 248.23 or notice. An order for or notice of withholding that was 248.24 previously implemented according to this chapter ends as of the 248.25 date of the most recent order. The public authority must notify 248.26 the payor of funds to withhold under the most recent withholding 248.27 order or notice. 248.28 Subd. 5. [NOTIFICATION OF TERMINATION.] When an order for 248.29 or notice of withholding is in effect and the obligor's 248.30 employment is terminated, the obligor and the payor of funds 248.31 must notify the public authority of the termination within ten 248.32 days of the termination date. The termination notice must 248.33 include the obligor's home address and the name and address of 248.34 the obligor's new payor of funds, if known. 248.35 Subd. 6. [EXPENSES.] A payor of funds may deduct $1 from 248.36 the obligor's remaining salary for each payment made pursuant to 249.1 an order for or notice of withholding under this chapter to 249.2 cover the expenses of withholding. 249.3 Sec. 43. [517C.55] [LUMP-SUM PAYMENTS.] 249.4 Subdivision 1. [APPLICATION.] (a) This section applies to 249.5 lump-sum payments of $500 or more including, but not limited to, 249.6 severance pay, accumulated sick pay, vacation pay, bonuses, 249.7 commissions, or other pay or benefits. 249.8 (b) The Consumer Credit Protection Act, United States Code, 249.9 title 15, section 1673(b), does not apply to lump-sum payments. 249.10 Subd. 2. [PAYOR OF FUNDS RESPONSIBILITIES.] Before 249.11 transmitting a lump-sum payment to an obligor, a payor of funds 249.12 who has been served with an order for or notice of income 249.13 withholding under this chapter must: 249.14 (1) notify the public authority of the lump-sum payment 249.15 that is to be paid to the obligor; and 249.16 (2) hold the lump-sum payment for 30 days after the date 249.17 the lump-sum payment would otherwise have been paid to the 249.18 obligor, notwithstanding sections 176.221, 176.225, 176.521, 249.19 181.08, 181.101, 181.11, 181.13, and 181.145, and Minnesota 249.20 Rules, part 1415.2000, subpart 10. 249.21 Subd. 3. [PUBLIC AUTHORITY OPTIONS.] (a) The public 249.22 authority may direct the payor of funds to pay the lump-sum 249.23 payment, up to the amount of judgments or arrears, to the public 249.24 authority if: 249.25 (1) a judgment entered pursuant to section 548.091, 249.26 subdivision 1a, exists against the obligor, or other support 249.27 arrears exist; and 249.28 (2) a portion of the judgment or arrears remains unpaid. 249.29 (b) If no judgment or arrears exist, the public authority 249.30 may seek a court order directing the payor of funds to transmit 249.31 all or a portion of the lump-sum payment to the public authority 249.32 for future support. To obtain a court order under this 249.33 paragraph, the public authority must show a past willful 249.34 nonpayment of support by the obligor. 249.35 Sec. 44. [517C.56] [PAYOR OF FUNDS LIABILITY.] 249.36 Subdivision 1. [LIABILITY TO OBLIGEE.] A payor of funds is 250.1 liable to the obligee for amounts required to be withheld. A 250.2 payor of funds that fails to withhold or transfer funds in 250.3 accordance with this chapter is liable to the obligee for 250.4 interest on the funds at the rate applicable to judgments under 250.5 section 549.09, computed from the date the funds were required 250.6 to be withheld or transferred. A payor of funds is liable for 250.7 reasonable attorney fees of the obligee or public authority 250.8 incurred in enforcing the liability under this paragraph. A 250.9 payor of funds that has failed to comply with the requirements 250.10 of sections 517C.51 to 517C.62 is subject to contempt sanctions 250.11 under section 517C.57. If the payor of funds is an employer or 250.12 independent contractor and violates this subdivision, a court 250.13 may award the obligor twice the wages lost as a result of this 250.14 violation. If a court finds a payor of funds violated this 250.15 subdivision, the court must impose a civil fine of not less than 250.16 $500. 250.17 Subd. 2. [NONLIABILITY FOR COMPLIANCE.] A payor of funds 250.18 is not subject to civil liability to any individual or agency 250.19 for taking action in compliance with an income withholding order 250.20 or notice of withholding that appears regular on its face 250.21 according to this chapter or chapter 518C. 250.22 Sec. 45. [517C.57] [EMPLOYER CONTEMPT.] 250.23 Subdivision 1. [ORDERS BINDING.] Notices or orders for 250.24 income withholding or medical support issued pursuant to this 250.25 chapter are binding on the employer, trustee, or other payor of 250.26 funds after the order or notice has been transmitted to the 250.27 employer, trustee, or payor of funds. 250.28 Subd. 2. [CONTEMPT ACTION.] (a) An obligee or the public 250.29 authority may initiate a contempt action against an employer, 250.30 trustee, or payor of funds, within the action that created the 250.31 support obligation, by serving an order to show cause upon the 250.32 employer, trustee, or payor of funds. 250.33 (b) The employer, trustee, or payor of funds is presumed to 250.34 be in contempt: 250.35 (1) if the employer, trustee, or payor of funds has 250.36 intentionally failed to withhold support after receiving the 251.1 order or notice for income withholding or notice of enforcement 251.2 of medical support; or 251.3 (2) upon presentation of pay stubs or similar documentation 251.4 showing that the employer, trustee, or payor of funds withheld 251.5 support and demonstrating that the employer, trustee, or payor 251.6 of funds intentionally failed to remit support to the public 251.7 authority. 251.8 Subd. 3. [SANCTIONS.] The employer, trustee, or payor of 251.9 funds is liable to the obligee or the public authority for 251.10 amounts required to be withheld that were not paid. The court 251.11 may enter judgment against the employer, trustee, or payor of 251.12 funds for support not withheld or remitted. An employer, 251.13 trustee, or payor of funds found guilty of contempt must be 251.14 punished by a fine of not more than $250 as provided in chapter 251.15 588. The court may also impose other contempt sanctions 251.16 authorized under chapter 588. 251.17 Sec. 46. [517C.58] [PRIORITY OF INCOME WITHHOLDING ORDERS; 251.18 MAXIMUM WITHHOLDING.] 251.19 Subdivision 1. [PRIORITY.] (a) An order for or notice of 251.20 withholding under this chapter or execution or garnishment upon 251.21 a judgment for child support arrears or preadjudicated expenses 251.22 has priority over an attachment, execution, garnishment, or wage 251.23 assignment and is not subject to the statutory limitations on 251.24 amounts levied against the income of the obligor. Amounts 251.25 withheld from an employee's income must not exceed the maximum 251.26 permitted under the Consumer Credit Protection Act, United 251.27 States Code, title 15, section 1673(b). 251.28 Subd. 2. [MULTIPLE ORDERS.] If a single employee is 251.29 subject to multiple withholding orders or multiple notices of 251.30 withholding for the support of more than one child, the payor of 251.31 funds must comply with all of the orders or notices to the 251.32 extent that the total amount withheld from the obligor's income 251.33 does not exceed the limits imposed under the Consumer Credit 251.34 Protection Act, United States Code, title 15, section 1673(b), 251.35 giving priority to amounts designated in each order or notice as 251.36 current support as follows: 252.1 (1) if the total of the amounts designated in the orders 252.2 for or notices of withholding as current support exceeds the 252.3 amount available for income withholding, the payor of funds must 252.4 allocate to each order or notice an amount for current support 252.5 equal to the amount designated in that order or notice as 252.6 current support, divided by the total of the amounts designated 252.7 in the orders or notices as current support, multiplied by the 252.8 amount of the income available for income withholding; and 252.9 (2) if the total of the amounts designated in the orders 252.10 for or notices of withholding as current support does not exceed 252.11 the amount available for income withholding, the payor of funds 252.12 must pay the amounts designated as current support, and must 252.13 allocate to each order or notice an amount for past due support, 252.14 equal to the amount designated in that order or notice as past 252.15 due support, divided by the total of the amounts designated in 252.16 the orders or notices as past due support, multiplied by the 252.17 amount of income remaining available for income withholding 252.18 after the payment of current support. 252.19 Sec. 47. [517C.59] [SUBSEQUENT INCOME WITHHOLDING.] 252.20 Subdivision 1. [APPLICATION.] This section applies to 252.21 support orders that do not contain provisions for income 252.22 withholding. 252.23 Subd. 2. [WHEN THE PUBLIC AUTHORITY IS A PARTY.] If the 252.24 public authority is a party, income withholding under this 252.25 section takes effect without prior judicial notice to the 252.26 obligor and without the need for judicial or administrative 252.27 hearing. Withholding must be initiated when: 252.28 (1) the obligor requests it in writing to the public 252.29 authority; 252.30 (2) the obligee or obligor serves on the public authority a 252.31 copy of the notice of income withholding, a copy of the court's 252.32 order, an application, and the fee to use the public authority's 252.33 collection services; or 252.34 (3) the public authority commences withholding under 252.35 section 517C.43. 252.36 Subd. 3. [WHEN THE PUBLIC AUTHORITY IS NOT A PARTY.] If 253.1 the public authority is not a party, income withholding under 253.2 this section must be initiated when an obligee requests it by 253.3 making a written motion to the court and the court finds that 253.4 previous support has not been paid on a timely consistent basis 253.5 or that the obligor has threatened expressly or otherwise to 253.6 stop or reduce payments. 253.7 Subd. 4. [NOTICE.] Within two days after the public 253.8 authority commences withholding under this section, the public 253.9 authority must send to the obligor at the obligor's last known 253.10 address, notice that withholding has commenced. The notice must 253.11 include the information provided to the payor of funds in the 253.12 notice of withholding. 253.13 Subd. 5. [CONTEST.] (a) The obligor may contest 253.14 withholding under this section on the limited grounds that the 253.15 withholding or the amount withheld is improper due to mistake of 253.16 fact. An obligor who chooses to contest the withholding must do 253.17 so no later than 15 days after the employer commences 253.18 withholding, by doing all of the following: 253.19 (1) file a request for an expedited child support hearing 253.20 under section 484.702, and include in the request the alleged 253.21 mistake of fact; 253.22 (2) serve a copy of the request for contested hearing upon 253.23 the public authority and the obligee; and 253.24 (3) secure a date for the contested hearing no later than 253.25 45 days after receiving notice that withholding has commenced. 253.26 (b) The income withholding must remain in place while the 253.27 obligor contests the withholding. 253.28 (c) If the court finds a mistake in the amount of the 253.29 arrears to be withheld, the court must continue the income 253.30 withholding, but it must correct the amount of the arrears to be 253.31 withheld. 253.32 Sec. 48. [517C.60] [INCOME WITHHOLDING; ARREARS ORDER.] 253.33 (a) In addition to ordering income withholding for current 253.34 support the court may order the payor of funds to withhold 253.35 amounts to satisfy the obligor's previous arrears in support 253.36 order payments. Use of this remedy does not exclude the use of 254.1 other remedies to enforce judgments. The employer or payor of 254.2 funds must withhold from the obligor's income an additional 254.3 amount equal to 20 percent of the monthly child support 254.4 obligation until the arrears are paid. 254.5 (b) Notwithstanding any law to the contrary, funds from 254.6 income sources included in section 517C.12, subdivision 1, 254.7 whether periodic or lump-sum, are not exempt from attachment or 254.8 execution upon a judgment for child support arrears. 254.9 (c) Absent an order to the contrary, if arrears exist at 254.10 the time a support order would otherwise terminate, income 254.11 withholding continues in effect or may be implemented in an 254.12 amount equal to the support order plus an additional 20 percent 254.13 of the monthly child support obligation, until all arrears have 254.14 been paid in full. 254.15 Sec. 49. [517C.61] [INTERSTATE INCOME WITHHOLDING.] 254.16 (a) Upon receipt of an order for support entered in another 254.17 state and the specified documentation from an authorized agency, 254.18 the public authority must implement income withholding. A payor 254.19 of funds in this state must withhold income under court orders 254.20 for withholding issued by other states or territories. 254.21 (b) An employer receiving an income withholding notice from 254.22 another state must withhold and distribute the funds as directed 254.23 in the withholding notice and must apply the law of the 254.24 obligor's principal place of employment when determining: 254.25 (1) the employer's fee for processing an income withholding 254.26 notice; 254.27 (2) the maximum amount permitted to be withheld from the 254.28 obligor's income; and 254.29 (3) deadlines for implementing and forwarding the child 254.30 support payment. 254.31 (c) An obligor may contest withholding under this section 254.32 pursuant to section 518C.506. 254.33 Sec. 50. [517C.62] [ORDER TERMINATING INCOME WITHHOLDING.] 254.34 Subdivision 1. [GENERAL PROCEDURE.] (a) An order 254.35 terminating income withholding must specify the effective date 254.36 of the order and reference the initial order or decree that 255.1 establishes the support obligation. An order terminating income 255.2 withholding must be entered if: 255.3 (1) the obligor serves written notice of the application 255.4 for termination of income withholding by mail upon the obligee 255.5 at the obligee's last known mailing address, and a duplicate 255.6 copy of the application is served on the public authority; 255.7 (2) the application for termination of income withholding 255.8 specifies the event that terminates the support obligation, the 255.9 effective date of the termination of the support obligation, and 255.10 the applicable provisions of the order or decree that 255.11 established the support obligation; and 255.12 (3) the application includes the complete name of the 255.13 obligor's payor of funds, the business mailing address, the 255.14 court action and court file number, and the support and 255.15 collections file number, if known. 255.16 (b) The obligee or the public authority may request a 255.17 contested hearing on the issue of whether income withholding 255.18 should continue. The request must be made within 20 days of 255.19 receiving an application for termination of income withholding. 255.20 The request must clearly specify the basis for continuing income 255.21 withholding. The obligee or public authority may make an ex 255.22 parte motion to stay the service of an order terminating income 255.23 withholding upon the obligor's payor of funds pending the 255.24 outcome of the contested hearing. 255.25 Subd. 2. [TERMINATION BY THE PUBLIC AUTHORITY.] (a) If the 255.26 public authority determines that income withholding is no longer 255.27 applicable, the public authority must notify the obligee and the 255.28 obligor of intent to terminate income withholding. 255.29 (b) Five days after notification to the obligee and 255.30 obligor, the public authority must issue a notice to the payor 255.31 of funds terminating income withholding. A court order is not 255.32 required unless the obligee has requested an expedited child 255.33 support hearing under section 484.702. 255.34 Sec. 51. [517C.63] [CHILD SUPPORT DEPOSIT ACCOUNT; 255.35 FINANCIAL INSTITUTIONS.] 255.36 Subdivision 1. [APPLICATION.] If income withholding is 256.1 ineffective due to the obligor's method of obtaining income, the 256.2 court must order the obligor to identify a child support deposit 256.3 account owned solely by the obligor, or to establish an account, 256.4 in a financial institution located in this state for the purpose 256.5 of depositing court-ordered child support payments. The court 256.6 must order the obligor to execute an agreement with the 256.7 appropriate public authority for preauthorized transfers from 256.8 the obligor's child support account payable to an account of the 256.9 public authority. The court must order the obligor to disclose 256.10 to the court all deposit accounts owned by the obligor in whole 256.11 or in part in any financial institution. The court may order 256.12 the obligor to disclose to the court the opening or closing of 256.13 any deposit account owned in whole or in part by the obligor 256.14 within 30 days of the opening or closing. The court may order 256.15 the obligor to execute an agreement with the appropriate public 256.16 authority for preauthorized transfers from any deposit account 256.17 owned in whole or in part by the obligor to the obligor's child 256.18 support deposit account if necessary to satisfy court-ordered 256.19 child support payments. The court may order a financial 256.20 institution to disclose to the court the account number and any 256.21 other information regarding accounts owned in whole or in part 256.22 by the obligor. An obligor who fails to comply with this 256.23 subdivision, fails to deposit funds in at least one deposit 256.24 account sufficient to pay court-ordered child support, or stops 256.25 payment or revokes authorization of a preauthorized transfer is 256.26 subject to contempt of court procedures under chapter 588. 256.27 Subd. 2. [TRANSFERS.] A financial institution must execute 256.28 preauthorized transfers for the deposit accounts of the obligor 256.29 in the amount specified in the order and amounts required under 256.30 this section as directed by the public authority. A financial 256.31 institution is liable to the obligee if funds in any of the 256.32 obligor's deposit accounts identified in the court order equal 256.33 the amount stated in the preauthorization agreement but are not 256.34 transferred by the financial institution in accordance with the 256.35 agreement. 256.36 Sec. 52. [517C.64] [ESCROW ACCOUNT.] 257.1 Subdivision 1. [ESTABLISHMENT.] (a) When determining or 257.2 modifying a support order the court must not order income 257.3 withholding otherwise required under sections 517C.51 to 517C.62 257.4 if: 257.5 (1) the court finds there are no arrears as of the date of 257.6 the court hearing; 257.7 (2) the obligor establishes a savings account for a sum 257.8 equal to two months of the monthly child support obligation; and 257.9 (3) the obligor provides proof of the existence of the 257.10 account to the court and the public authority prior to the 257.11 issuance of the order. Proof of the establishment must include 257.12 the financial institution name and address, account number, and 257.13 the amount of deposit. 257.14 (b) An account established under paragraph (a) must: 257.15 (1) be at a financial institution; 257.16 (2) bear interest; and 257.17 (3) authorize the public authority as the sole drawer of 257.18 funds. 257.19 Subd. 2. [DEFAULT.] (a) If a child support payment is ten 257.20 days or more past due, the obligee may transmit a notice of 257.21 default to the public authority and apply for child support 257.22 collection services. The notice must be verified by the obligee 257.23 and must contain the title of the action, the court file number, 257.24 the full name and address of the obligee, the name and last 257.25 known address of the obligor, the obligor's last known employer 257.26 or other payor of funds, the date of the first unpaid amount, 257.27 the date of the last unpaid amount, and the total amount unpaid. 257.28 (b) Within three working days of receiving a notice of 257.29 default, the public authority must: 257.30 (1) withdraw the funds held at the financial institution 257.31 under this section; and 257.32 (2) send a copy of the notice of default and a notice of 257.33 intent to implement income withholding by mail to the obligor at 257.34 the obligor's last known address. 257.35 (c) The notice of intent to implement income withholding 257.36 must state that the support order will be served on the 258.1 obligor's employer or payor of funds unless within 15 days of 258.2 the date of the notice the obligor: 258.3 (1) requests a hearing on the issue of whether payment was 258.4 in default as of the date of the notice of default; and 258.5 (2) serves notice of the hearing request on the public 258.6 authority and the obligee. 258.7 Subd. 3. [DUTIES OF THE PUBLIC AUTHORITY.] (a) Within 258.8 three working days of withdrawing sums under subdivision 2, the 258.9 public authority must remit all amounts not assigned to the 258.10 public authority to the obligee as current support. 258.11 (b) The public authority must also serve a copy of the 258.12 court's order and the provisions of sections 517C.51 to 517C.62 258.13 and this section on the obligor's employer or other payor of 258.14 funds unless the obligor requests a hearing under subdivision 2, 258.15 paragraph (c). 258.16 (c) The public authority must inform the obligor's employer 258.17 or other payor of funds of the date the next support payment is 258.18 due. Income withholding must begin on that date and must 258.19 reflect the total credits of principal and interest amounts 258.20 received from the escrow account. 258.21 Subd. 4. [HEARING.] (a) If the obligor requests a hearing 258.22 under subdivision 2, paragraph (c), the court must hold a 258.23 hearing within 30 days of the date of the notice of default 258.24 under subdivision 2, paragraph (a). 258.25 (b) If the court finds that there was a default, the court 258.26 must order the immediate withholding of support from the 258.27 obligor's income. 258.28 (c) If the court finds that there was no default, the court 258.29 must order the reestablishment of the escrow account by either 258.30 the obligee or obligor and must not order income withholding. 258.31 Subd. 5. [TERMINATION OF ESCROW ACCOUNT.] (a) When the 258.32 support obligation ends under the terms of the order or decree 258.33 establishing the obligation and the sum held under this section 258.34 has not otherwise been released, the public authority must 258.35 release the sum and interest to the obligor if the obligor 258.36 transmits a notice of termination to the public authority. The 259.1 notice must be verified by the obligor and must indicate: 259.2 (1) the title of the action; 259.3 (2) the court file number; 259.4 (3) the full name and address of the obligee; 259.5 (4) the event that ends the support obligation; 259.6 (5) the effective date of the termination of support 259.7 obligation; and 259.8 (6) the applicable provisions of the order or decree that 259.9 established the support obligation. 259.10 (b) The public authority must send a copy of the notice of 259.11 termination to the obligee. 259.12 (c) The obligee or the public authority may request a 259.13 hearing on the issues of whether the support obligation 259.14 continues and whether the escrow account should continue. The 259.15 request must be made and served on the other parties within 20 259.16 days of receiving a notice of termination. 259.17 Sec. 53. [517C.65] [TRUSTEE.] 259.18 Subdivision 1. [APPOINTMENT.] Upon its own motion or upon 259.19 motion of either party, the court may appoint a trustee, when it 259.20 is deemed expedient, to receive money ordered to be paid as 259.21 child support for remittance to the person entitled to receive 259.22 the payments. The trustee may also receive property that is 259.23 part of an award for division of marital property. The trustee 259.24 must hold the property in trust to invest and pay over the 259.25 income in the manner the court directs, or to pay over the 259.26 principal sum in the proportions and at the times the court 259.27 orders. In all cases, the court must consider the situation and 259.28 circumstances of the recipient, and the children, if any. The 259.29 trust must give a bond, as the court requires, for the faithful 259.30 performance of the trust. If it appears that the recipient of 259.31 money ordered to be paid as support will receive public 259.32 assistance, the court must appoint the public authority as 259.33 trustee. 259.34 Subd. 2. [RECORDS.] The trustee must maintain records 259.35 listing the amount of payments, the date when payments are 259.36 required to be made, and the names and addresses of the parties 260.1 affected by the order. 260.2 Subd. 3. [COMMUNICATION.] The parties affected by the 260.3 order must inform the trustee of a change of address or of other 260.4 conditions that may affect the administration of the order. 260.5 Subd. 4. [LATE PAYMENT.] If a required support payment is 260.6 ten days or more overdue, the trustee must send the obligor 260.7 notice of the arrears by first class mail. If payment of the 260.8 sum due is not received by the trustee within ten days after 260.9 sending notice, the trustee must certify the amount due to the 260.10 public authority, whenever that authority is not the trustee. 260.11 If the public authority refers the arrears to the county 260.12 attorney, the county attorney may initiate enforcement 260.13 proceedings against the obligor for support. 260.14 Sec. 54. [517C.66] [OVERPAYMENTS.] 260.15 If child support is not assigned under section 256.741, and 260.16 an obligor has overpaid a child support obligation because of a 260.17 modification or error in the amount owed, the public authority 260.18 must: 260.19 (1) apply the amount of the overpayment to reduce the 260.20 amount of child support arrears or debts owed to the obligee; 260.21 and 260.22 (2) if an overpayment exists after the reduction of arrears 260.23 or debt, reduce the amount of the child support remitted to the 260.24 obligee by an amount no greater than 20 percent of the current 260.25 monthly support obligation and remit this amount to the obligor 260.26 until the overpayment is reduced to zero. 260.27 Sec. 55. [517C.67] [ALTERNATE NOTICE OF COURT ORDER.] 260.28 Whenever this chapter requires service of a court's order 260.29 on an employer, union, or payor of funds, service of a verified 260.30 notice of order may be made in lieu of the order. The verified 260.31 notice must contain the title of the action, the name of the 260.32 court, the court file number, the date of the court order, and 260.33 must recite the operative provisions of the order. 260.34 Sec. 56. [517C.70] [CHILD SUPPORT AND PARENTING TIME ARE 260.35 INDEPENDENT.] 260.36 (a) Failure by a party to make support payments is not a 261.1 defense to: 261.2 (1) interference with parenting time rights; or 261.3 (2) removing a child from this state without the permission 261.4 of the court or of a parent who has been given parenting time. 261.5 (b) Interference with parenting time rights or taking a 261.6 child from this state without permission of the court or of a 261.7 parent who has been given parenting time is not a defense to 261.8 nonpayment of support. 261.9 (c) If a party fails to make support payments, interferes 261.10 with parenting time rights, or removes a child from this state 261.11 without permission of the court or of a parent who has been 261.12 given parenting time, the other party may petition the court for 261.13 an appropriate order. 261.14 Sec. 57. [517C.705] [SIX-MONTH REVIEW.] 261.15 A decree or order that establishes child support rights and 261.16 obligations must contain a review date six months after its 261.17 entry according to section 517A.25. 261.18 Sec. 58. [517C.71] [PAYMENT AGREEMENTS.] 261.19 Subdivision 1. [GENERAL REQUIREMENTS.] An obligor who has 261.20 child support arrears may enter into a payment agreement that 261.21 addresses payment of both current and overdue support. Payment 261.22 agreements must: 261.23 (1) be in writing; 261.24 (2) address both current support and arrears; and 261.25 (3) be approved by the court, a child support magistrate, 261.26 or the public authority. 261.27 Subd. 2. [CONSIDERATIONS.] In proposing or approving 261.28 proposed payment agreements for purposes of this chapter, the 261.29 court, a child support magistrate, or the public authority must 261.30 take into consideration the amount of the arrears, the amount of 261.31 the current support order, any pending request for modification, 261.32 and the earnings of the obligor. The court, child support 261.33 magistrate, or public authority must consider the individual 261.34 financial circumstances of each obligor in evaluating the 261.35 obligor's ability to pay a proposed payment agreement and must 261.36 propose a reasonable payment agreement tailored to the 262.1 individual financial circumstances of each obligor. 262.2 Sec. 59. [517C.72] [SEEK EMPLOYMENT ORDERS.] 262.3 Subdivision 1. [COURT ORDER.] (a) When the public 262.4 authority is enforcing a support order, the public authority may 262.5 seek a court order requiring an obligor to seek employment if: 262.6 (1) employment of the obligor cannot be verified; 262.7 (2) the obligor has child support arrears amounting to at 262.8 least three times the obligor's total monthly support payments; 262.9 and 262.10 (3) the obligor is not in compliance with a payment 262.11 agreement. 262.12 (b) Upon proper notice to the obligor, the court may enter 262.13 a seek employment order if it finds that the obligor has not 262.14 provided proof of gainful employment and has not consented to an 262.15 order for income withholding or entered into a payment agreement. 262.16 Subd. 2. [CONTENTS OF ORDER.] The order to seek employment 262.17 must: 262.18 (1) order that the obligor seek employment within a 262.19 determinate amount of time; 262.20 (2) order that the obligor file with the public authority a 262.21 weekly report of at least five new attempts to find employment 262.22 or of having found employment. The report must include the 262.23 names, addresses, and telephone numbers of the employers or 262.24 businesses with whom the obligor attempted to obtain employment 262.25 and the name of the individual contact at each employer or 262.26 business to whom the obligor made application for employment or 262.27 to whom an inquiry was directed; 262.28 (3) notify the obligor that failure to comply with the 262.29 order is evidence of a willful failure to pay support under 262.30 section 517C.74; 262.31 (4) order that the obligor provide the public authority 262.32 with verification of any reason for noncompliance with the 262.33 order; and 262.34 (5) specify the duration of the order, not to exceed three 262.35 months. 262.36 Sec. 60. [517C.73] [ORDER FOR COMMUNITY SERVICES.] 263.1 If the court finds that the obligor earns $400 or less per 263.2 month and does not have the ability to provide support based on 263.3 the guidelines and factors in this chapter, the court may order 263.4 the obligor to perform community services to fulfill the 263.5 obligor's support obligation. In ordering community services 263.6 under this section, the court must consider whether the obligor 263.7 has the physical capability to perform community services, and 263.8 must order community services that are appropriate for the 263.9 obligor's abilities. 263.10 Sec. 61. [517C.74] [CONTEMPT PROCEEDINGS FOR NONPAYMENT OF 263.11 SUPPORT.] 263.12 Subdivision 1. [GROUNDS.] If a person against whom an 263.13 order or decree for support has been entered under this chapter, 263.14 chapter 256, or a comparable law from another jurisdiction, has 263.15 child support arrears amounting to at least three times the 263.16 obligor's total monthly support obligation and is not in 263.17 compliance with a payment agreement, the person may be cited and 263.18 punished by the court for contempt under chapter 588 or this 263.19 section. Failure to comply with a seek employment order entered 263.20 under section 517C.72 is evidence of willful failure to pay 263.21 support. 263.22 Subd. 2. [COURT OPTIONS.] (a) If a court cites a person 263.23 for contempt under this section, and the obligor lives in a 263.24 county that contracts with the commissioner of human services 263.25 under section 256.997, the court may order the performance of 263.26 community service work up to 32 hours per week for six weeks for 263.27 each finding of contempt if the obligor: 263.28 (1) is able to work full time; 263.29 (2) works an average of less than 32 hours per week; and 263.30 (3) has actual weekly gross income averaging less than 40 263.31 times the federal minimum hourly wage under United States Code, 263.32 title 29, section 206(a)(1), or is voluntarily earning less than 263.33 the obligor has the ability to earn, as determined by the court. 263.34 (b) An obligor is presumed to be able to work full time. 263.35 The obligor has the burden of proving inability to work full 263.36 time. 264.1 Subd. 3. [RELEASE.] A person ordered to do community 264.2 service work under subdivision 2 may, during the six-week 264.3 period, apply to the court, an administrative law judge, or the 264.4 public authority to be released from the community service work 264.5 requirement if the person: 264.6 (1) provides proof to the court, an administrative law 264.7 judge, or the public authority that the person is gainfully 264.8 employed and submits to an order for income withholding under 264.9 section 518.6111; 264.10 (2) enters into a payment agreement; or 264.11 (3) provides proof to the court, an administrative law 264.12 judge, or the public authority that, after entry of the order, 264.13 the person's circumstances have so changed that the person is no 264.14 longer able to fulfill the terms of the community service order. 264.15 Subd. 4. [CONTINUING OBLIGATIONS.] The performance of 264.16 community service work does not relieve an obligor of a current 264.17 support obligation or arrears. 264.18 Sec. 62. [517C.745] [SECURITY; SEQUESTRATION; CONTEMPT.] 264.19 (a) In all cases when support payments are ordered, the 264.20 court may require sufficient security to be given for the 264.21 payment of them according to the terms of the order. Upon 264.22 neglect or refusal to give security, or upon failure to pay the 264.23 support, the court may sequester the obligor's personal estate 264.24 and the rents and profits of real estate of the obligor, and 264.25 appoint a receiver of them. The court may cause the personal 264.26 estate and the rents and profits of the real estate to be 264.27 applied according to the terms of the order. 264.28 (b) The obligor is presumed to have an income from a source 264.29 sufficient to pay the support order. A child support order 264.30 constitutes prima facie evidence that the obligor has the 264.31 ability to pay the award. If the obligor disobeys the order, it 264.32 is prima facie evidence of contempt. The court may cite the 264.33 obligor for contempt under this section, section 517C.74, or 264.34 chapter 588. 264.35 Sec. 63. [517C.75] [DRIVER'S LICENSE SUSPENSION.] 264.36 Subdivision 1. [FACTORS WARRANTING SUSPENSION.] An 265.1 obligor's driver's license must be suspended if: 265.2 (1) the obligor has child support arrears amounting to at 265.3 least three times the obligor's total monthly support obligation 265.4 and the obligor is not in compliance with a payment agreement; 265.5 or 265.6 (2) the obligor has failed, after receiving notice, to 265.7 comply with a subpoena relating to a paternity or child support 265.8 proceeding. 265.9 Subd. 2. [MOTION; HEARING; PROCEDURE.] (a) Upon the motion 265.10 of a party, the court must order the commissioner of public 265.11 safety to suspend an obligor's driver's license if the court 265.12 finds that a factor in subdivision 1 exists. 265.13 (b) The motion must be properly served and there must be an 265.14 opportunity for a hearing pursuant to court rules. If a hearing 265.15 is requested, the obligor must be served written notice of the 265.16 time and date of the hearing at least 14 days prior to the 265.17 hearing. The notice must specify the allegations against the 265.18 obligor. The notice may be served personally or by mail. 265.19 (c) The court's order must be stayed for 90 days in order 265.20 to allow the obligor to enter into a payment agreement. If the 265.21 obligor has not entered into or is not in compliance with a 265.22 payment agreement after the 90 days expire, the court's order 265.23 becomes effective and the commissioner of public safety must 265.24 suspend the obligor's driver's license. 265.25 (d) An obligee may not make a motion under this section 265.26 within 12 months of a denial of a previous motion under this 265.27 section. 265.28 (e) At a hearing regarding the obligor's failure to comply 265.29 with a subpoena, the only issues to be considered are mistake of 265.30 fact and whether the obligor received the subpoena. 265.31 Subd. 3. [SUSPENSION INITIATED BY THE PUBLIC 265.32 AUTHORITY.] (a) The public authority must direct the 265.33 commissioner of public safety to suspend an obligor's driver's 265.34 license if the public authority determines that a factor in 265.35 subdivision 1 exists. 265.36 (b) At least 90 days before directing the suspension of a 266.1 driver's license the public authority must attempt to notify the 266.2 obligor that it intends to seek suspension and that the obligor 266.3 must request a hearing within 30 days in order to contest the 266.4 suspension. The notice must be in writing and mailed to the 266.5 obligor at the obligor's last known address. 266.6 (c) If the obligor makes a written request for a hearing 266.7 within 30 days, a court hearing must be held. The public 266.8 authority must then make a motion to the court and schedule a 266.9 hearing. The matter must then proceed under subdivision 2. 266.10 (d) If the public authority does not receive a request for 266.11 a hearing within 30 days and the obligor does not enter into a 266.12 payment agreement within 90 days of the date of the notice, the 266.13 public authority must direct the commissioner of public safety 266.14 to suspend the obligor's driver's license. 266.15 Subd. 4. [FAILURE TO REMAIN IN COMPLIANCE WITH A PAYMENT 266.16 AGREEMENT.] The license of an obligor who fails to remain in 266.17 compliance with a payment agreement may be suspended. Notice to 266.18 the obligor of intent to suspend under this subdivision must be 266.19 served by first class mail at the obligor's last known address 266.20 and must include a notice of hearing. The notice must be served 266.21 upon the obligor not less than ten days before the date of the 266.22 hearing. If the obligor appears at the hearing and the judge 266.23 determines that the obligor has failed to comply with a payment 266.24 agreement, the judge must notify the department of public safety 266.25 to suspend the obligor's license. If the obligor fails to 266.26 appear at the hearing, the public authority may notify the 266.27 department of public safety to suspend the obligor's license. 266.28 Subd. 5. [REINSTATEMENT.] An obligor whose driver's 266.29 license or operating privileges are suspended may provide proof 266.30 to the public authority that the obligor is in compliance with 266.31 all payment agreements. Within 15 days of the receipt of that 266.32 proof, the public authority must inform the commissioner of 266.33 public safety that the obligor's driver's license or operating 266.34 privileges should no longer be suspended. 266.35 Subd. 6. [REPORT TO THE LEGISLATURE.] On January 15, 2003, 266.36 and every two years after that, the commissioner of human 267.1 services must submit a report to the legislature that identifies 267.2 the following information relevant to the implementation of this 267.3 section: 267.4 (1) the number of child support obligors notified of an 267.5 intent to suspend a driver's license; 267.6 (2) the amount collected in payments from the child support 267.7 obligors notified of an intent to suspend a driver's license; 267.8 (3) the number of cases paid in full and payment agreements 267.9 executed in response to notification of an intent to suspend a 267.10 driver's license; 267.11 (4) the number of cases in which there has been 267.12 notification and no payments or payment agreements; 267.13 (5) the number of driver's licenses suspended; and 267.14 (6) the cost of implementation and operation of the 267.15 requirements of this section. 267.16 Sec. 64. [517C.76] [OCCUPATIONAL LICENSE SUSPENSION.] 267.17 Subdivision 1. [FACTORS WARRANTING SUSPENSION.] An 267.18 obligor's occupational license must be suspended if: 267.19 (1) the obligor has child support arrears amounting to at 267.20 least three times the obligor's total monthly support obligation 267.21 and the obligor is not in compliance with a payment agreement; 267.22 or 267.23 (2) the obligor has failed, after receiving notice, to 267.24 comply with a subpoena relating to a paternity or child support 267.25 proceeding. 267.26 Subd. 2. [MOTION; HEARING; PROCEDURE.] (a) Upon the motion 267.27 of a party, the court must order a licensing board or agency to 267.28 suspend an obligor's license under section 214.101 if the court 267.29 finds that a factor in subdivision 1 exists. 267.30 (b) The motion must be properly served and there must be an 267.31 opportunity for a hearing pursuant to court rules. If a hearing 267.32 is requested, the obligor must be served written notice of the 267.33 time and date of the hearing at least 14 days prior to the 267.34 hearing. The notice must specify the allegations against the 267.35 obligor. The notice may be served personally or by mail. 267.36 (c) The court's order must be stayed for 90 days in order 268.1 to allow the obligor to enter into a payment agreement. If the 268.2 obligor has not entered into or is not in compliance with a 268.3 payment agreement after the 90 days expire, the court's order 268.4 becomes effective. 268.5 (d) At a hearing regarding the obligor's failure to comply 268.6 with a subpoena, the only issues to be considered are mistake of 268.7 fact and whether the obligor received the subpoena. 268.8 (e) If the obligor is a licensed attorney, the court must 268.9 report the matter to the lawyer's professional responsibility 268.10 board for appropriate action in accordance with the Rules of 268.11 Professional Conduct. 268.12 Subd. 3. [SUSPENSION INITIATED BY THE PUBLIC 268.13 AUTHORITY.] (a) The public authority must direct a licensing 268.14 board or agency to suspend an obligor's license under section 268.15 214.101 if the public authority determines that the factors in 268.16 subdivision 1 exist. 268.17 (b) At least 90 days before directing the suspension of an 268.18 occupational license, the public authority must attempt to 268.19 notify the obligor that it intends to seek suspension and that 268.20 the obligor must request a hearing within 30 days in order to 268.21 contest the suspension. The notice must be in writing and 268.22 mailed to the obligor at the obligor's last known address. 268.23 (c) If the obligor makes a written request for a hearing 268.24 within 30 days a court hearing must be held. The public 268.25 authority must then make a motion to the court and schedule a 268.26 hearing. The matter must then proceed under subdivision 2. 268.27 (d) If the public authority does not receive a request for 268.28 a hearing within 30 days and the obligor does not execute a 268.29 payment agreement within 90 days of the date of the notice, the 268.30 public authority must direct the licensing board or agency to 268.31 suspend the obligor's license. 268.32 (e) If the obligor is a licensed attorney, the public 268.33 authority may report the matter to the lawyer's professional 268.34 responsibility board for appropriate action in accordance with 268.35 the Rules of Professional Conduct. 268.36 Subd. 4. [FAILURE TO REMAIN IN COMPLIANCE WITH AN APPROVED 269.1 PAYMENT AGREEMENT.] The license of an obligor who fails to 269.2 remain in compliance with a payment agreement may be suspended. 269.3 Notice to the obligor of an intent to suspend under this 269.4 subdivision must be served by first class mail at the obligor's 269.5 last known address and must include a notice of hearing. The 269.6 notice must be served upon the obligor not less than ten days 269.7 before the date of the hearing. If the obligor appears at the 269.8 hearing and the judge determines that the obligor has failed to 269.9 comply with a payment agreement, the judge must notify the 269.10 licensing board or agency to suspend the obligor's license. If 269.11 the obligor fails to appear at the hearing, the public authority 269.12 may notify the licensing board or agency to suspend the 269.13 obligor's license. 269.14 Subd. 5. [REINSTATEMENT.] An obligor whose occupational 269.15 license is suspended may provide proof to the public authority 269.16 that the obligor is in compliance with all payment agreements. 269.17 Within 15 days of the receipt of that proof, the public 269.18 authority must inform the licensing board or agency or the 269.19 lawyer's professional responsibility board that the obligor is 269.20 no longer ineligible for license issuance, reinstatement, or 269.21 renewal under this section. 269.22 Sec. 65. [517C.77] [DATA ON SUSPENSIONS FOR SUPPORT 269.23 ARREARS.] 269.24 Notwithstanding section 13.03, subdivision 4, paragraph 269.25 (c), data on an occupational license suspension under section 269.26 517C.76 or a driver's license suspension under section 517C.75, 269.27 that are transferred by the department of human services to 269.28 respectively the department of public safety or a state, county, 269.29 or municipal occupational licensing agency must have the same 269.30 classification at the department of public safety or other 269.31 receiving agency under section 13.02, as other license 269.32 suspension data held by the receiving agency. The transfer of 269.33 the data does not affect the classification of the data in the 269.34 hands of the department of human services. 269.35 Sec. 66. [517C.78] [RECREATIONAL LICENSE SUSPENSION.] 269.36 Subdivision 1. [MOTION; FACTORS.] (a) A party may make a 270.1 motion to suspend the recreational license or licenses of an 270.2 obligor. The motion must be served on the obligor in person or 270.3 by first class mail at the obligor's last known address. There 270.4 must be an opportunity for a hearing. The court may direct the 270.5 commissioner of natural resources to suspend or bar receipt of 270.6 the obligor's recreational license or licenses if it finds that: 270.7 (1) the obligor has child support arrears amounting to at 270.8 least six times the obligor's total monthly support payments and 270.9 the obligor is not in compliance with a payment agreement; or 270.10 (2) the obligor has failed, after receiving notice, to 270.11 comply with a subpoena relating to a paternity or child support 270.12 proceeding. 270.13 (b) Prior to utilizing this section, the court must find 270.14 that other substantial enforcement mechanisms have been 270.15 attempted but have not resulted in compliance. 270.16 Subd. 2. [AFFECTED LICENSES.] For purposes of this 270.17 section, a recreational license includes all licenses, permits, 270.18 and stamps issued centrally by the commissioner of natural 270.19 resources under sections 97B.301, 97B.401, 97B.501, 97B.515, 270.20 97B.601, 97B.715, 97B.721, 97B.801, 97C.301, and 97C.305. 270.21 Subd. 3. [REINSTATEMENT.] An obligor whose recreational 270.22 license has been suspended or barred may provide proof to the 270.23 court that the obligor is in compliance with all payment 270.24 agreements. Within 15 days of receipt of that proof, the court 270.25 must notify the commissioner of natural resources that the 270.26 obligor's recreational license or licenses must no longer be 270.27 suspended nor may receipt be barred. 270.28 Sec. 67. [517C.79] [MOTOR VEHICLE LIEN.] 270.29 Subdivision 1. [FACTORS WARRANTING LIEN.] A lien must be 270.30 entered on any motor vehicle certificate of title subsequently 270.31 issued in the name of an obligor if the obligor has child 270.32 support arrears amounting to at least three times the obligor's 270.33 total monthly support obligation and the obligor is not in 270.34 compliance with a payment agreement. 270.35 Subd. 2. [MOTION; HEARING; PROCEDURE.] (a) Upon the motion 270.36 of a party, if the court finds that the factors in subdivision 1 271.1 exist, the court must order the commissioner of public safety to 271.2 enter a lien in the name of the obligee or in the name of the 271.3 state of Minnesota, as appropriate, under section 168A.05, 271.4 subdivision 8, on any motor vehicle certificate of title 271.5 subsequently issued in the name of the obligor. 271.6 (b) The motion must be properly served and there must be an 271.7 opportunity for a hearing pursuant to court rules. If a hearing 271.8 is requested, the obligor must be served written notice of the 271.9 time and date of the hearing at least 14 days prior to the 271.10 hearing. The notice must specify the allegations against the 271.11 obligor. The notice may be served personally or by mail. 271.12 (c) The court's order must be stayed for 90 days in order 271.13 to allow the obligor to enter into a payment agreement. If the 271.14 obligor has not entered into or is not in compliance with a 271.15 payment agreement after the 90 days expires, the court's order 271.16 becomes effective and the commissioner of public safety must 271.17 record the lien on any motor vehicle certificate of title 271.18 subsequently issued in the name of the obligor. 271.19 Subd. 3. [LIEN INITIATED BY THE PUBLIC AUTHORITY.] (a) If 271.20 the public authority determines that the factors in subdivision 271.21 1 exist, the public authority must direct the commissioner of 271.22 public safety to enter a lien in the name of the obligee or in 271.23 the name of the state of Minnesota, as appropriate, under 271.24 section 168A.05, subdivision 8, on any motor vehicle certificate 271.25 of title subsequently issued in the name of the obligor. 271.26 (b) At least 90 days before directing the entry of a lien 271.27 under this section the public authority must attempt to notify 271.28 the obligor that it intends to record a lien and that the 271.29 obligor must request a hearing within 30 days in order to 271.30 contest the action. The notice must be in writing and mailed to 271.31 the obligor at the obligor's last known address. 271.32 (c) If the obligor makes a written request for a hearing 271.33 within 30 days a court hearing must be held. The public 271.34 authority must then make a motion to the court and schedule a 271.35 hearing. The matter must then proceed under subdivision 2. 271.36 (d) If the public authority does not receive a request for 272.1 a hearing within 30 days and the obligor does not enter into a 272.2 payment agreement within 90 days of the date of the notice, the 272.3 public authority must direct the commissioner of public safety 272.4 to record the lien. 272.5 Subd. 4. [RELEASE.] An obligor may provide proof to the 272.6 court or the public authority that the obligor is in compliance 272.7 with all payment agreements or that the value of the motor 272.8 vehicle is less than the exemption provided under section 272.9 550.37. Within 15 days of the receipt of that proof, the court 272.10 or public authority must either: 272.11 (1) execute a release of security interest under section 272.12 168A.20, subdivision 4, and mail or deliver the release to the 272.13 owner or other authorized person; or 272.14 (2) in instances where a lien has not yet been entered, 272.15 direct the commissioner of public safety not to enter a lien on 272.16 any motor vehicle certificate of title subsequently issued in 272.17 the name of the obligor. 272.18 Subd. 5. [NONEXEMPT VALUE.] A lien recorded against a 272.19 motor vehicle certificate of title under this section and 272.20 section 168A.05, subdivision 8, attaches only to the nonexempt 272.21 value of the motor vehicle as determined in accordance with 272.22 section 550.37. The value of a motor vehicle must be determined 272.23 in accordance with the retail value described in the National 272.24 Auto Dealers Association Official Used Car Guide, Midwest 272.25 Edition, for the current year, or in accordance with the 272.26 purchase price as defined in section 297B.01, subdivision 8. 272.27 Sec. 68. [517C.80] [PUBLICATION OF NAMES OF DELINQUENT 272.28 CHILD SUPPORT OBLIGORS.] 272.29 Subdivision 1. [MAKING NAMES PUBLIC.] At least once each 272.30 year, the commissioner of human services, in consultation with 272.31 the attorney general, must publish a list of the names and other 272.32 identifying information of no more than 25 persons who: 272.33 (1) are child support obligors; 272.34 (2) are at least $10,000 in arrears; 272.35 (3) are not in compliance with a payment agreement 272.36 regarding both current support and arrears approved by the 273.1 court, a child support magistrate, or the public authority; 273.2 (4) cannot currently be located by the public authority for 273.3 the purposes of enforcing a support order; and 273.4 (5) have not made a support payment except tax intercept 273.5 payments, in the preceding 12 months. 273.6 Subd. 2. [IDENTIFYING INFORMATION.] Identifying 273.7 information may include the obligor's name, last known address, 273.8 amount owed, date of birth, photograph, the number of children 273.9 for whom support is owed, and any additional information about 273.10 the obligor that would assist in identifying or locating the 273.11 obligor. The commissioner and attorney general may use posters, 273.12 media presentations, electronic technology, and other means that 273.13 the commissioner and attorney general determine are appropriate 273.14 for dissemination of the information, including publication on 273.15 the Internet. The commissioner and attorney general may make 273.16 any or all of the identifying information regarding these 273.17 persons public. Information regarding an obligor who meets the 273.18 criteria in this section will only be made public subsequent to 273.19 that person's selection by the commissioner and attorney general. 273.20 Subd. 3. [NOTICE.] (a) Before making public the name of 273.21 the obligor, the department of human services must send a notice 273.22 to the obligor's last known address stating the department's 273.23 intention to make public information on the obligor. The notice 273.24 must also provide an opportunity to have the obligor's name 273.25 removed from the list by paying the arrears or by entering into 273.26 an agreement to pay the arrears, or by providing information to 273.27 the public authority that there is good cause not to make the 273.28 information public. The notice must include the final date when 273.29 the payment or agreement can be accepted. 273.30 (b) The department of human services must obtain the 273.31 written consent of the obligee to make the name of the obligor 273.32 public. 273.33 Subd. 4. [NAMES PUBLISHED IN ERROR.] If the commissioner 273.34 makes a name public under subdivision 1 in error, the 273.35 commissioner must also offer to publish a printed retraction and 273.36 a public apology acknowledging that the name was made public in 274.1 error. If the person whose name was made public in error elects 274.2 the public retraction and apology, the retraction and apology 274.3 must appear in the same medium and the same format as the 274.4 original notice where the name was listed in error. In addition 274.5 to the right of a public retraction and apology, a person whose 274.6 name was made public in error has a civil action for damages 274.7 caused by the error. 274.8 Sec. 69. [517C.81] [COLLECTION; ARREARS.] 274.9 Subdivision 1. [COLLECTION OF ARREARS TO CONTINUE AFTER 274.10 CHILD IS EMANCIPATED.] Remedies available for the collection and 274.11 enforcement of support in this chapter and chapters 256, 257, 274.12 and 518C also apply to cases in which a child for whom support 274.13 is owed is emancipated and the obligor owes past support or has 274.14 accumulated arrears. Child support arrears under this section 274.15 include arrears for child support, medical support, child care, 274.16 pregnancy and birth expenses, and unreimbursed medical expenses 274.17 as defined in section 517C.15. 274.18 Subd. 2. [RETROACTIVE APPLICATION.] This section applies 274.19 retroactively to support arrears that accrued on or before the 274.20 date of enactment and to all arrears accruing after the date of 274.21 enactment. 274.22 Subd. 3. [LIMITATIONS.] Past support or pregnancy and 274.23 confinement expenses ordered for which the obligor has specific 274.24 court ordered terms for repayment may not be enforced using 274.25 drivers' and occupational or professional license suspension, 274.26 credit bureau reporting, and additional income withholding under 274.27 section 517C.60, unless the obligor fails to comply with the 274.28 terms of the court order for repayment. 274.29 Sec. 70. [517C.82] [CASE REVIEWER.] 274.30 The commissioner must make a case reviewer available to 274.31 obligors and obligees. The reviewer must be available to answer 274.32 questions concerning the collection process and to review the 274.33 collection activity taken. A reviewer who reasonably believes 274.34 that a particular action being taken is unreasonable or unfair 274.35 may make recommendations to the commissioner and the applicable 274.36 county in regard to the collection action. 275.1 Sec. 71. [517C.83] [ATTORNEY FEES; COLLECTION COSTS.] 275.2 Subdivision 1. [GENERAL.] (a) A child support obligee is 275.3 entitled to recover from the obligor reasonable attorney fees 275.4 and other collection costs incurred to enforce a child support 275.5 judgment, as provided in this section. 275.6 (b) In order to recover collection costs under this 275.7 section, the arrears must be at least $500 and must be at least 275.8 90 days past due. In addition, the arrears must be a docketed 275.9 judgment under sections 548.09 and 548.091. 275.10 (c) If the obligor pays in full the judgment rendered under 275.11 section 548.091 within 20 days of receipt of notice of entry of 275.12 judgment, the obligee is not entitled to recover attorney fees 275.13 or collection costs under this section. 275.14 Subd. 2. [ENFORCEMENT.] Attorney fees and collection costs 275.15 obtained under this section are considered child support and 275.16 entitled to the applicable remedies for collection and 275.17 enforcement of child support. 275.18 Subd. 3. [NOTICE TO PUBLIC AUTHORITY.] If the public 275.19 authority is a party to a case, an obligee must provide written 275.20 notice to the public authority within five days of: 275.21 (1) contracting with an attorney or collection entity to 275.22 enforce a child support judgment; or 275.23 (2) receipting payments received on a child support 275.24 judgment. 275.25 Subd. 4. [NOTICE TO OBLIGOR; HEARING.] (a) The obligee 275.26 must serve notice of the obligee's intent to recover attorney 275.27 fees and collections costs by certified or registered mail on 275.28 the obligor at the obligor's last known address. The notice 275.29 must include an itemization of the attorney fees and collection 275.30 costs being sought by the obligee. It must inform the obligor 275.31 that the fees and costs will become an additional judgment for 275.32 child support unless, within 20 days of mailing of the notice, 275.33 the obligor requests a hearing: 275.34 (1) on the reasonableness of the fees and costs; or 275.35 (2) to contest the child support judgment on grounds 275.36 limited to mistake of fact. 276.1 (b) If the obligor requests a hearing, the only issues to 276.2 be determined by the court are: 276.3 (1) whether the attorney fees or collection costs were 276.4 reasonably incurred by the obligee for the enforcement of a 276.5 child support judgment against the obligor; or 276.6 (2) the validity of the child support judgment on grounds 276.7 limited to mistake of fact. 276.8 (c) The fees and costs may not exceed 30 percent of the 276.9 arrears. The court may modify the amount of attorney fees and 276.10 costs as appropriate and must enter judgment accordingly. 276.11 (d) If the obligor fails to request a hearing within 20 276.12 days of mailing of the notice under paragraph (a), the amount of 276.13 the attorney fees or collection costs requested by the obligee 276.14 in the notice automatically becomes an additional judgment for 276.15 child support. 276.16 Subd. 5. [FORMS.] The commissioner of human services must 276.17 prepare and make available to the court and the parties forms 276.18 for use in providing for notice and requesting a hearing under 276.19 this section. 276.20 Sec. 72. [517C.99] [REQUIRED NOTICES.] 276.21 Subdivision 1. [REQUIREMENT.] Every court order or 276.22 judgment and decree that provides for child support, spousal 276.23 maintenance, custody, or parenting time must contain certain 276.24 notices as set out in subdivision 3. The information in the 276.25 notices must be concisely stated in plain language. The notices 276.26 must be in clearly legible print, but may not exceed two pages. 276.27 An order or judgment and decree without the notice remains 276.28 subject to all statutes. The court may waive all or part of the 276.29 notice required under subdivision 3 relating to change of 276.30 address notification and similar information if it finds it is 276.31 necessary to protect the welfare of a party or child. 276.32 Subd. 2. [COPIES OF LAWS AND FORMS.] The district court 276.33 administrator must make copies of the sections referred to in 276.34 subdivision 3 available at no charge and must provide forms to 276.35 request or contest attorney fees, collection costs, and 276.36 cost-of-living increases. 277.1 Subd. 3. [CONTENTS.] The required notices must be 277.2 substantially as follows: 277.3 IMPORTANT NOTICE 277.4 1. PAYMENTS TO PUBLIC AUTHORITY 277.5 According to Minnesota Statutes, section 517C.35, payments 277.6 ordered for maintenance and support must be paid to the public 277.7 authority as long as the person entitled to receive the payments 277.8 is receiving or has applied for public assistance or has applied 277.9 for support and maintenance collection services. MAIL PAYMENTS 277.10 TO: 277.11 2. DEPRIVING ANOTHER OF CUSTODIAL OR PARENTAL RIGHTS -- A 277.12 FELONY 277.13 A person may be charged with a felony who conceals a minor 277.14 child or takes, obtains, retains, or fails to return a minor 277.15 child from or to the child's parent (or person with custodial or 277.16 visitation rights), according to Minnesota Statutes, section 277.17 609.26. A copy of that section is available from any district 277.18 court clerk. 277.19 3. RULES OF SUPPORT, MAINTENANCE, VISITATION 277.20 (a) Payment of support or spousal maintenance is to be as 277.21 ordered, and the giving of gifts or making purchases of food, 277.22 clothing, and the like will not fulfill the obligation. 277.23 (b) Payment of support must be made as it becomes due, and 277.24 failure to secure or denial of rights of visitation is NOT an 277.25 excuse for nonpayment, but the aggrieved party must seek relief 277.26 through a proper motion filed with the court. 277.27 (c) Nonpayment of support is not grounds to deny 277.28 visitation. The party entitled to receive support may apply for 277.29 support and collection services, file a contempt motion, or 277.30 obtain a judgment as provided in Minnesota Statutes, section 277.31 548.091. 277.32 (d) The payment of support or spousal maintenance takes 277.33 priority over payment of debts and other obligations. 277.34 (e) A party who accepts additional obligations of support 277.35 does so with the full knowledge of the party's prior obligation 277.36 under this proceeding. 278.1 (f) Child support or maintenance is based on annual income, 278.2 and it is the responsibility of a person with seasonal 278.3 employment to budget income so that payments are made throughout 278.4 the year as ordered. 278.5 (g) If there is a layoff or a pay reduction, support may be 278.6 reduced as of the time of the layoff or pay reduction if a 278.7 motion to reduce the support is served and filed with the court 278.8 at that time, but any such reduction must be ordered by the 278.9 court. The court is not permitted to reduce support 278.10 retroactively, except as provided in Minnesota Statutes, section 278.11 517C.29. 278.12 (h) Reasonable visitation guidelines are contained in 278.13 Appendix B, which is available from the court administrator. 278.14 4. PARENTAL RIGHTS REGARDING INFORMATION AND CONTACT 278.15 Unless otherwise provided by the court: 278.16 (a) Each party has the right of access to and the right to 278.17 receive copies of school, medical, dental, religious training, 278.18 and other important records and information about the minor 278.19 children. Each party has the right of access to information 278.20 regarding health or dental insurance available to the minor 278.21 children. Presentation of a copy of this order to the custodian 278.22 of a record or other information about the minor children 278.23 constitutes sufficient authorization for the release of the 278.24 record or information to the requesting party. 278.25 (b) Each party must keep the other informed as to the name 278.26 and address of the school of attendance of the minor children. 278.27 Each party has the right to be informed by school officials 278.28 about the children's welfare, educational progress and status, 278.29 and to attend school and parent teacher conferences. The school 278.30 is not required to hold a separate conference for each party. 278.31 (c) In case of an accident or serious illness of a minor 278.32 child, each party must notify the other party of the accident or 278.33 illness, and the name of the health care provider and the place 278.34 of treatment. 278.35 (d) Each party has the right of reasonable access and 278.36 telephone contact with the minor children. 279.1 5. WAGE AND INCOME DEDUCTION OF SUPPORT AND MAINTENANCE 279.2 Child support and/or spousal maintenance may be withheld 279.3 from income, with or without notice to the person obligated to 279.4 pay, when the conditions of Minnesota Statutes, sections 517C.51 279.5 to 517C.62, have been met. A copy of those sections is 279.6 available from any district court clerk. 279.7 6. CHANGE OF ADDRESS OR RESIDENCE 279.8 Unless otherwise ordered, each party must notify the other 279.9 party, the court, and the public authority, if applicable, of 279.10 the following information within ten days of any change: the 279.11 residential and mailing address, telephone number, driver's 279.12 license number, social security number, and name, address, and 279.13 telephone number of the employer. 279.14 7. COST-OF-LIVING INCREASE OF SUPPORT AND MAINTENANCE 279.15 Child support and/or spousal maintenance may be adjusted 279.16 every two years based upon a change in the cost-of-living (using 279.17 Department of Labor Consumer Price Index .........., unless 279.18 otherwise specified in this order) when the conditions of 279.19 Minnesota Statutes, section 517C.31, are met. Cost-of-living 279.20 increases are compounded. A copy of Minnesota Statutes, section 279.21 517C.31, and forms necessary to request or contest a 279.22 cost-of-living increase are available from any district court 279.23 clerk. 279.24 8. JUDGMENTS FOR UNPAID SUPPORT 279.25 If a person fails to make a child support payment, the 279.26 payment owed becomes a judgment against the person responsible 279.27 to make the payment by operation of law on or after the date the 279.28 payment is due, and the person entitled to receive the payment 279.29 or the public authority may obtain entry and docketing of the 279.30 judgment WITHOUT NOTICE to the person responsible to make the 279.31 payment under Minnesota Statutes, section 548.091. Interest 279.32 begins to accrue on a payment or installment of child support 279.33 whenever the unpaid amount due is greater than the current 279.34 support due, according to Minnesota Statutes, section 548.091, 279.35 subdivision 1a. 279.36 9. JUDGMENTS FOR UNPAID MAINTENANCE 280.1 A judgment for unpaid spousal maintenance may be entered 280.2 when the conditions of Minnesota Statutes, section 548.091, are 280.3 met. A copy of that section is available from any district 280.4 court clerk. 280.5 10. ATTORNEY FEES AND COLLECTION COSTS FOR ENFORCEMENT OF CHILD 280.6 SUPPORT 280.7 A judgment for attorney fees and other collection costs 280.8 incurred in enforcing a child support order will be entered 280.9 against the person responsible to pay support when the 280.10 conditions of section 517C.07, are met. A copy of section 280.11 517C.07 and forms necessary to request or contest these attorney 280.12 fees and collection costs are available from any district court 280.13 clerk. 280.14 11. VISITATION EXPEDITOR PROCESS 280.15 On request of either party or on its own motion, the court 280.16 may appoint a visitation expeditor to resolve visitation 280.17 disputes under Minnesota Statutes, section 518.1751. A copy of 280.18 that section and a description of the expeditor process is 280.19 available from any district court clerk. 280.20 12. VISITATION REMEDIES AND PENALTIES 280.21 Remedies and penalties for the wrongful denial of 280.22 visitation rights are available under Minnesota Statutes, 280.23 section 518.175, subdivision 6. These include compensatory 280.24 visitation, civil penalties, bond requirements, contempt, and 280.25 reversal of custody. A copy of that subdivision and forms for 280.26 requesting relief are available from any district court clerk. 280.27 Sec. 73. [INSTRUCTION TO REVISOR.] 280.28 The revisor of statutes must correct internal 280.29 cross-references to sections that are now in Minnesota Statutes, 280.30 chapter 517C, throughout Minnesota Statutes and Minnesota Rules. 280.31 Sec. 74. [REPEALER.] 280.32 Minnesota Statutes 2000, sections 518.111; 518.171; 280.33 518.255; 518.54, subdivisions 2, 4a, 13, and 14; 518.551; 280.34 518.5513; 518.553; 518.57; 518.575; 518.585; 518.5851; 518.5852; 280.35 518.5853; 518.61; 518.6111; 518.614; 518.615; 518.616; 518.617; 280.36 518.618; 518.6195; and 518.66, are repealed. 281.1 Sec. 75. [EFFECTIVE DATE.] 281.2 This act is effective July 1, 2001.