as introduced - 80th Legislature (1997 - 1998) Posted on 12/15/2009 12:00am
1.1 A bill for an act 1.2 relating to human services; providing changes to child 1.3 support enforcement provisions; establishing a data 1.4 match system for financial institutions; providing 1.5 civil penalties; amending Minnesota Statutes 1996, 1.6 sections 13.46, subdivision 2; 13.99, by adding a 1.7 subdivision; 144.223; 256.87, subdivisions 1, 1a, 3, 1.8 5, and by adding a subdivision; 256.978, subdivisions 1.9 1 and 2; 256.979, subdivision 8, and by adding a 1.10 subdivision; 256.9791, subdivision 1; 256.9792, 1.11 subdivisions 1 and 2; 256.998, subdivisions 1, 6, 7, 1.12 and 9; 257.57, subdivision 2; 257.62, subdivisions 1 1.13 and 2; 257.66, subdivision 3, and by adding a 1.14 subdivision; 257.70; 257.75, subdivisions 1a, 2, 3, 4, 1.15 5, and 7; 299C.46, subdivision 3; 518.005, by adding a 1.16 subdivision; 518.10; 518.148, subdivision 2; 518.171, 1.17 subdivisions 1 and 4; 518.54, subdivision 6, and by 1.18 adding a subdivision; 518.551, subdivisions 12 and 13; 1.19 518.5511, subdivisions 1, 2, 3, 4, and by adding a 1.20 subdivision; 518.5512, subdivisions 2, 3, and by 1.21 adding subdivisions; 518.611, subdivisions 2, 3, 4, 5, 1.22 6, 10, 12, and by adding subdivisions; 518.616, by 1.23 adding a subdivision; 518.64, subdivision 2; 518.68, 1.24 subdivision 2; 518C.101; 518C.204; 518C.205; 518C.207; 1.25 518C.301; 518C.304; 518C.305; 518C.310; 518C.401; 1.26 518C.501; 518C.603; 518C.605; 518C.608; 518C.611; and 1.27 518C.612; proposing coding for new law in Minnesota 1.28 Statutes, chapters 256; 518; and 518C; repealing 1.29 Minnesota Statutes 1996, sections 8.35; 256.74; 1.30 256.979, subdivision 9; 518.5511, subdivisions 5, 6, 1.31 7, 8, and 9; 518.611, subdivision 1; 518.613; 1.32 518C.502; and 518C.9011. 1.33 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 1.34 Section 1. Minnesota Statutes 1996, section 13.46, 1.35 subdivision 2, is amended to read: 1.36 Subd. 2. [GENERAL.] (a) Unless the data is summary data or 1.37 a statute specifically provides a different classification, data 1.38 on individuals collected, maintained, used, or disseminated by 1.39 the welfare system is private data on individuals, and shall not 2.1 be disclosed except: 2.2 (1)pursuantaccording to section 13.05; 2.3 (2)pursuantaccording to court order; 2.4 (3)pursuantaccording to a statute specifically 2.5 authorizing access to the private data; 2.6 (4) to an agent of the welfare system, including a law 2.7 enforcement person, attorney, or investigator acting for it in 2.8 the investigation or prosecution of a criminal or civil 2.9 proceeding relating to the administration of a program; 2.10 (5) to personnel of the welfare system who require the data 2.11 to determine eligibility, amount of assistance, and the need to 2.12 provide services of additional programs to the individual; 2.13 (6) to administer federal funds or programs; 2.14 (7) between personnel of the welfare system working in the 2.15 same program; 2.16 (8) the amounts of cash public assistance and relief paid 2.17 to welfare recipients in this state, including their names, 2.18 social security numbers, income, addresses, and other data as 2.19 required, upon request by the department of revenue to 2.20 administer the property tax refund law, supplemental housing 2.21 allowance, early refund of refundable tax credits, and the 2.22 income tax. "Refundable tax credits" means the dependent care 2.23 credit under section 290.067, the Minnesota working family 2.24 credit under section 290.0671, the property tax refund under 2.25 section 290A.04, and, if the required federal waiver or waivers 2.26 are granted, the federal earned income tax credit under section 2.27 32 of the Internal Revenue Code; 2.28 (9) to the Minnesota department of economic security for 2.29 the purpose of monitoring the eligibility of the data subject 2.30 for reemployment insurance, for any employment or training 2.31 program administered, supervised, or certified by that agency, 2.32 or for the purpose of administering any rehabilitation program, 2.33 whether alone or in conjunction with the welfare system, and to 2.34 verify receipt of energy assistance for the telephone assistance 2.35 plan; 2.36 (10) to appropriate parties in connection with an emergency 3.1 if knowledge of the information is necessary to protect the 3.2 health or safety of the individual or other individuals or 3.3 persons; 3.4 (11) data maintained by residential programs as defined in 3.5 section 245A.02 may be disclosed to the protection and advocacy 3.6 system established in this statepursuantaccording to Part C of 3.7 Public Law Number 98-527 to protect the legal and human rights 3.8 of persons with mental retardation or other related conditions 3.9 who live in residential facilities for these persons if the 3.10 protection and advocacy system receives a complaint by or on 3.11 behalf of that person and the person does not have a legal 3.12 guardian or the state or a designee of the state is the legal 3.13 guardian of the person; 3.14 (12) to the county medical examiner or the county coroner 3.15 for identifying or locating relatives or friends of a deceased 3.16 person; 3.17 (13) data on a child support obligor who makes payments to 3.18 the public agency may be disclosed to the higher education 3.19 services office to the extent necessary to determine eligibility 3.20 under section 136A.121, subdivision 2, clause (5); 3.21 (14) participant social security numbers and names 3.22 collected by the telephone assistance program may be disclosed 3.23 to the department of revenue to conduct an electronic data match 3.24 with the property tax refund database to determine eligibility 3.25 under section 237.70, subdivision 4a; 3.26 (15) the current address of a recipient of aid to families 3.27 with dependent children may be disclosed to law enforcement 3.28 officers who provide the name and social security number of the 3.29 recipient and satisfactorily demonstrate that: (i) the 3.30 recipient is a fugitive felon, including the grounds for this 3.31 determination; (ii) the location or apprehension of the felon is 3.32 within the law enforcement officer's official duties; and (iii) 3.33 the request is made in writing and in the proper exercise of 3.34 those duties; 3.35 (16) the current address of a recipient of general 3.36 assistance, work readiness, or general assistance medical care 4.1 may be disclosed to probation officers and corrections agents 4.2 who are supervising the recipient, and to law enforcement 4.3 officers who are investigating the recipient in connection with 4.4 a felony level offense; 4.5 (17) information obtained from food stamp applicant or 4.6 recipient households may be disclosed to local, state, or 4.7 federal law enforcement officials, upon their written request, 4.8 for the purpose of investigating an alleged violation of the 4.9 food stamp act, in accordance with Code of Federal Regulations, 4.10 title 7, section 272.1(c); 4.11 (18) data on a child support obligor who is in arrears may 4.12 be disclosed for purposes of publishing the datapursuant4.13 according to section 518.575; 4.14 (19) data on child support payments made by a child support 4.15 obligor may be disclosed to the obligee; 4.16 (20) data in the work reporting system may be disclosed 4.17 under section 256.998, subdivision 7; 4.18 (21) to the department of children, families, and learning 4.19 for the purpose of matching department of children, families, 4.20 and learning student data with public assistance data to 4.21 determine students eligible for free and reduced price meals, 4.22 meal supplements, and free milkpursuantaccording to United 4.23 States Code, title 42, sections 1758, 1761, 1766, 1766a, 1772, 4.24 and 1773; to produce accurate numbers of students receiving aid 4.25 to families with dependent children as required by section 4.26 124.175; and to allocate federal and state funds that are 4.27 distributed based on income of the student's family;or4.28 (22) the current address and telephone number of program 4.29 recipients and emergency contacts may be released to the 4.30 commissioner of health or a local board of health as defined in 4.31 section 145A.02, subdivision 2, when the commissioner or local 4.32 board of health has reason to believe that a program recipient 4.33 is a disease case, carrier, suspect case, or at risk of illness, 4.34 and the data are necessary to locate the person.; 4.35 (23) to other agencies, statewide systems, political 4.36 subdivisions of this state, agencies of other states, interstate 5.1 information networks, federal agencies, and other entities as 5.2 required by federal regulation or law governing the child 5.3 support enforcement program as necessary for the administration 5.4 of the child support enforcement program or when otherwise 5.5 authorized by law; or 5.6 (24) data regarding an individual whose license, permit, 5.7 registration, or stamp has been suspended by direction of the 5.8 public authority responsible for child support enforcement, 5.9 shall be treated in the same manner as similar data maintained 5.10 by the suspending licensing board or agency when received by 5.11 that board or agency. 5.12 (b) Information on persons who have been treated for drug 5.13 or alcohol abuse may only be disclosed in accordance with the 5.14 requirements of Code of Federal Regulations, title 42, sections 5.15 2.1 to 2.67. 5.16 (c) Data provided to law enforcement agencies under 5.17 paragraph (a), clause (15), (16), or (17), or paragraph (b), are 5.18 investigative data and are confidential or protected nonpublic 5.19 while the investigation is active. The data are private after 5.20 the investigation becomes inactive under section 13.82, 5.21 subdivision 5, paragraph (a) or (b). 5.22 (d) Mental health data shall be treated as provided in 5.23 subdivisions 7, 8, and 9, but is not subject to the access 5.24 provisions of subdivision 10, paragraph (b). 5.25 Sec. 2. Minnesota Statutes 1996, section 13.99, is amended 5.26 by adding a subdivision to read: 5.27 Subd. 101d. [CHILD SUPPORT PARTIES.] Certain data 5.28 regarding the location of parties in connection with child 5.29 support proceedings are governed by sections 256.87, subdivision 5.30 8; 257.70; and 518.005, subdivision 5. 5.31 Sec. 3. Minnesota Statutes 1996, section 144.223, is 5.32 amended to read: 5.33 144.223 [REPORT OF MARRIAGE.] 5.34 Data relating to certificates of marriage registered shall 5.35 be reported to the state registrar by the local registrars 5.36pursuantaccording to the rules of the commissioner. The 6.1 information necessary to compile the report shall be furnished 6.2 by the applicant prior to the issuance of the marriage license. 6.3 The report shall contain the following information: 6.4 A. Personal information on bride and groom: 6.5 1. Name; 6.6 2. Residence; 6.7 3. Date and place of birth; 6.8 4. Race; 6.9 5. If previously married, how terminated; 6.10 6. Signature of applicant and date signed; and 6.11 7. Social security number. 6.12 B. Information concerning the marriage: 6.13 1. Date of marriage; 6.14 2. Place of marriage; and 6.15 3. Civil or religious ceremony. 6.16 Sec. 4. [256.741] [CHILD SUPPORT AND MAINTENANCE.] 6.17 Subdivision 1. [ASSIGNMENT OF SUPPORT AND MAINTENANCE 6.18 RIGHTS.] An applicant for assistance, or a recipient of 6.19 assistance, under Title IV-A of the Social Security Act or an 6.20 applicant or recipient for whom foster care maintenance is 6.21 provided under Title IV-E of the Social Security Act assigns to 6.22 the public agency responsible for child support enforcement at 6.23 the time of application all rights to child support and 6.24 maintenance received from any person that the applicant may have 6.25 for the applicant's own behalf or on behalf of any other family 6.26 member for whom application is made under Title IV-A or IV-E of 6.27 the Social Security Act. The assignment: 6.28 (1) applies to both current and accrued child support and 6.29 maintenance obligations; 6.30 (2) takes effect upon a determination that the applicant is 6.31 eligible for assistance under Title IV-A of the Social Security 6.32 Act or that the applicant or family member is eligible for 6.33 foster care maintenance under Title IV-E of the Social Security 6.34 Act; 6.35 (3) terminates when an applicant ceases to receive 6.36 assistance under Title IV-A of the Social Security Act or when 7.1 the applicant or family member ceases to receive foster care 7.2 maintenance under Title IV-E of the Social Security Act, except 7.3 with respect to the amount of any unpaid support or maintenance 7.4 obligation, or both, under the assignment. 7.5 Subd. 2. [COOPERATION WITH CHILD SUPPORT ENFORCEMENT.] 7.6 After notification from the public authority responsible for 7.7 financial assistance that an individual has applied for any form 7.8 of public assistance as defined in subdivision 8, the public 7.9 authority responsible for child support enforcement shall 7.10 determine whether the party is cooperating in establishing 7.11 paternity, child support, modification of an existing child 7.12 support order, or enforcement of an existing child support 7.13 order. Cooperation by the potential recipient includes the 7.14 following: 7.15 (1) providing all known information regarding the alleged 7.16 father or obligor including name, address, social security 7.17 number, telephone number, place of employment or school, and the 7.18 names and addresses of any relatives, if known; 7.19 (2) appearing at interviews, hearings, and legal 7.20 proceedings; 7.21 (3) submitting to genetic tests, including genetic testing 7.22 of the child; and 7.23 (4) providing any additional information necessary for 7.24 cooperating in good faith with the child support enforcement 7.25 agency. 7.26 Subd. 3. [DETERMINATION.] (a) The public authority 7.27 responsible for child support enforcement shall consider the 7.28 best interests of the child when determining cooperation. If 7.29 the individual cannot provide the information required in this 7.30 section, before a determination is made on whether the 7.31 individual is cooperating in establishing paternity, the child 7.32 support agency shall make a finding that the individual could 7.33 not reasonably be expected to provide the information. In 7.34 making this finding, the public authority responsible for child 7.35 support enforcement shall consider: 7.36 (1) the age of the child for whom support is being sought; 8.1 (2) the circumstances surrounding the conception of the 8.2 child; 8.3 (3) the age and mental capacity of the parent or caregiver 8.4 of the child for whom support is being sought; and 8.5 (4) the time that has elapsed since the parent or caregiver 8.6 of the child for whom support is being sought last had contact 8.7 with the alleged father or obligor or the person's relatives. 8.8 (b) Unless good cause is found to exist under subdivision 8.9 4, if a determination of noncooperation is made, the public 8.10 authority shall promptly notify the individual and the state 8.11 agency administering the public assistance program that the 8.12 individual is not cooperating with the public authority. Upon 8.13 notice of noncooperation, the individual shall be sanctioned 8.14 under section 256.031 and Title IV-A or IV-E of the Social 8.15 Security Act. 8.16 Subd. 4. [GOOD CAUSE EXEMPTION.] (a) Cooperation with 8.17 child support under subdivision 10 is waived if the individual 8.18 asserts, and the agency finds, good cause exists for failing to 8.19 cooperate. An individual may claim a good cause exemption by 8.20 filing a written claim on a form provided by the commissioner of 8.21 human services. Upon receipt of a claim for a good cause 8.22 exemption, the public authority shall cease all support 8.23 enforcement efforts until the claim for a good cause exemption 8.24 is reviewed and validity of the claim is determined. Designated 8.25 representatives from the public authority and at least one 8.26 representative from an agency providing public assistance as 8.27 defined in subdivision 8 shall review each claim for a good 8.28 cause exemption and determine validity of the claim according to 8.29 this section. 8.30 (b) Good cause exists when an individual documents that 8.31 pursuit of child support enforcement services could reasonably 8.32 result in: 8.33 (1) physical or emotional harm to the child for whom 8.34 support is sought; 8.35 (2) physical harm to the parent or caregiver with whom the 8.36 child is living that would reduce that person's ability to 9.1 adequately care for the child; or 9.2 (3) emotional harm to the parent or caregiver with whom the 9.3 child is living to such a nature or degree that would reduce the 9.4 person's ability to adequately care for the child. 9.5 (c) Good cause also exists when the agency believes that 9.6 pursuing child support enforcement would be detrimental to the 9.7 child for whom support is sought and an individual documents any 9.8 of the following: 9.9 (1) the child for whom child support enforcement is sought 9.10 was conceived as a result of incest or rape; 9.11 (2) legal proceedings for the adoption of the child are 9.12 pending before a court of competent jurisdiction; or 9.13 (3) the parent or caregiver of the child is currently being 9.14 assisted by a public or licensed private social service agency 9.15 to resolve the issues of whether to keep the child or place the 9.16 child for adoption, and assistance has not occurred for longer 9.17 than three months. 9.18 (d) The physical and emotional harm under paragraph (b) 9.19 must be of a serious nature in order to justify a finding for 9.20 good cause exemption. A finding for good cause exemption based 9.21 on emotional harm may only be based upon a demonstration of 9.22 emotional impairment that substantially affects the individual's 9.23 ability to function. 9.24 Subd. 5. [PROOF OF GOOD CAUSE.] (a) An individual claiming 9.25 good cause exemption has 20 days from the date the claim for 9.26 good cause exemption was provided to the agency to supply 9.27 evidence supporting the claim. Failure to provide the evidence 9.28 shall result in the public authority resuming child support 9.29 enforcement efforts. 9.30 (b) Evidence supporting a claim for good cause exemption 9.31 includes, but is not limited to, the following: 9.32 (1) birth certificates or medical or law enforcement 9.33 records which indicate that the child was conceived as the 9.34 result of incest or rape; 9.35 (2) court documents or other records which indicate that 9.36 legal proceedings for adoption are pending before a court of 10.1 competent jurisdiction; 10.2 (3) court, medical, criminal, child protective services, 10.3 social services, psychological, or law enforcement records which 10.4 indicate that the alleged father or obligor might inflict 10.5 physical or emotional harm on the child, parent, or caregiver; 10.6 (4) medical records or written statements from a licensed 10.7 medical professional which document the emotional health history 10.8 or status of the custodial parent, child, or caregiver, or that 10.9 document a diagnosis or prognosis concerning the emotional 10.10 health of the custodial parent, child, or caregiver; 10.11 (5) a written statement from an agency described in 10.12 subdivision 4, paragraph (c), clause (3), that indicates the 10.13 individual is deciding whether to keep the child or place the 10.14 child for adoption; or 10.15 (6) sworn statements from individuals other than the 10.16 applicant that provide evidence supporting the claim for a good 10.17 cause exemption. 10.18 Subd. 6. [DECISION.] A good cause exemption shall be made 10.19 if the individual's claim and the investigation of the 10.20 supporting evidence satisfies the investigating agencies that 10.21 the individual has good cause for refusing to cooperate. 10.22 Subd. 7. [AGENCY OPTION.] At the option of the public 10.23 authority after making a finding of good cause, the public 10.24 authority may make a determination that the child support 10.25 enforcement agency should resume child support enforcement 10.26 services without the cooperation of the parent or caregiver. If 10.27 a determination is made, the public authority shall make the 10.28 determination in writing, which includes: 10.29 (1) the basis for the determination; 10.30 (2) provisions for entering the written determination in 10.31 the parent's or caregiver's financial assistance case record; 10.32 and 10.33 (3) notification to the parent or caregiver that the 10.34 application for financial assistance may be withdrawn or that 10.35 the parent or caregiver may request that the financial 10.36 assistance case be closed. 11.1 Subd. 8. [PUBLIC ASSISTANCE.] "Public assistance," as used 11.2 in this chapter and chapters 257, 518, and 518C, includes any 11.3 form of assistance provided under Title IV-A of the Social 11.4 Security Act, any form of medical assistance under United States 11.5 Code, title 19, and foster care provided under Title IV-E of the 11.6 Social Security Act. 11.7 Sec. 5. Minnesota Statutes 1996, section 256.87, 11.8 subdivision 1, is amended to read: 11.9 Subdivision 1. [ACTIONS AGAINST PARENTS FOR ASSISTANCE 11.10 FURNISHED.] A parent of a child is liable for the amount of 11.11 assistance furnishedunder sections 256.031 to 256.0361, 256.7211.12to 256.87, orunder Title IV-A or IV-E of the Social Security 11.13 Act or medical assistance under chapter 256, 256B, or 256D to 11.14 and for the benefit of the child, including any assistance 11.15 furnished for the benefit of the caretaker of the child, which 11.16 the parent has had the ability to pay. Ability to pay must be 11.17 determined according to chapter 518. The parent's liability is 11.18 limited to the two years immediately preceding the commencement 11.19 of the action, except that where child support has been 11.20 previously ordered, the state or county agency providing the 11.21 assistance, as assignee of the obligee, shall be entitled to 11.22 judgments for child support payments accruing within ten years 11.23 preceding the date of the commencement of the action up to the 11.24 full amount of assistance furnished. The action may be ordered 11.25 by the state agency or county agency and shall be brought in the 11.26 name of the countyby the county attorney of the county in which11.27the assistance was granted,orbyin the name of the state 11.28 agency against the parent for the recovery of the amount of 11.29 assistance granted, together with the costs and disbursements of 11.30 the action. 11.31 Sec. 6. Minnesota Statutes 1996, section 256.87, 11.32 subdivision 1a, is amended to read: 11.33 Subd. 1a. [CONTINUING SUPPORT CONTRIBUTIONS.] In addition 11.34 to granting the county or state agency a money judgment, the 11.35 court may, upon a motion or order to show cause, order 11.36 continuing support contributions by a parent found able to 12.1 reimburse the county or state agency. The order shall be 12.2 effective for the period of time during which the recipient 12.3 receives public assistance from any county or state agency and 12.4 thereafter. The order shall require support according to 12.5 chapter 518. An order for continuing contributions is 12.6 reinstated without further hearing upon notice to the parent by 12.7 any county or state agency that assistance is again being 12.8 provided for the child of the parentunder sections 256.031 to12.9256.0361, 256.72 to 256.87, orunder Title IV-A or IV-E of the 12.10 Social Security Act or medical assistance under chapter 256, 12.11 256B, or 256D. The notice shall be in writing and shall 12.12 indicate that the parent may request a hearing for modification 12.13 of the amount of support or maintenance. 12.14 Sec. 7. Minnesota Statutes 1996, section 256.87, 12.15 subdivision 3, is amended to read: 12.16 Subd. 3. [CONTINUING CONTRIBUTIONS TO FORMER RECIPIENT.] 12.17 The order for continuing support contributions shall remain in 12.18 effect following the period after public assistance granted 12.19 undersections 256.72 to 256.87Title IV-A or IV-E of the Social 12.20 Security Act is terminated unless the former recipient files an 12.21 affidavit with the court requesting termination of the order. 12.22 Sec. 8. Minnesota Statutes 1996, section 256.87, 12.23 subdivision 5, is amended to read: 12.24 Subd. 5. [CHILD NOT RECEIVING ASSISTANCE.] A person or 12.25 entity having physical custody of a dependent child not 12.26 receiving assistance undersections 256.031 to 256.0361, or12.27256.72 to 256.87Title IV-A or IV-E of the Social Security Act 12.28 has a cause of action for child support against the child's 12.29 absent parents. Upon a motion served on the absent parent, the 12.30 court shall order child support payments from the absent parent 12.31 under chapter 518. The absent parent's liability may include up 12.32 to the two years immediately preceding the commencement of the 12.33 action. This subdivision applies only if the person or entity 12.34 has physical custody with the consent of a custodial parent or 12.35 approval of the court. 12.36 Sec. 9. Minnesota Statutes 1996, section 256.87, is 13.1 amended by adding a subdivision to read: 13.2 Subd. 8. [DISCLOSURE PROHIBITED.] In all proceedings under 13.3 this chapter, information on the location of one party may not 13.4 be disclosed by the public authority to the other party if: 13.5 (1) a protective order with respect to the other party has 13.6 been entered; or 13.7 (2) the public authority responsible for child support 13.8 enforcement has reason to believe that the release of the 13.9 information may result in physical or emotional harm to the 13.10 other party. 13.11 Sec. 10. Minnesota Statutes 1996, section 256.978, 13.12 subdivision 1, is amended to read: 13.13 Subdivision 1. [REQUEST FOR INFORMATION.] The commissioner 13.14 of human services, in order to locate a person to establish 13.15 paternity,and child support or to modify or enforce child 13.16 support,or to enforce a child support obligation in arrears,13.17 may request information reasonably necessary to the inquiry from 13.18 the records of all departments, boards, bureaus, or other 13.19 agencies of this state, which shall, notwithstanding the 13.20 provisions of section 268.12, subdivision 12, or any other law 13.21 to the contrary, provide the information necessary for this 13.22 purpose. Employers, utility companies, insurance companies, 13.23 financial institutions, and labor associations doing business in 13.24 this state shall provide information as provided under 13.25 subdivision 2 upon written or electronic request by an agency 13.26 responsible for child support enforcement regarding individuals 13.27 owing or allegedly owing a duty to support within 30 days ofthe13.28receiptservice of the written request made by the public 13.29 authority. Information requested and used or transmitted by the 13.30 commissionerpursuantaccording to the authority conferred by 13.31 this section may be made availableonly to public officials and13.32agencies of this state and its political subdivisions and other13.33states of the union and their political subdivisions who are13.34seeking to enforce the support liability of parents or to locate13.35parents. The commissioner may not release the information to an13.36agency or political subdivision of another state unless the14.1agency or political subdivision is directed to maintain the data14.2consistent with its classification in this state. Information14.3obtained under this section may not be released except to the14.4extent necessary for the administration of the child support14.5enforcement program or when otherwise authorized by law.to 14.6 other agencies, statewide systems, political subdivisions of 14.7 this state, agencies of other states, interstate information 14.8 networks, federal agencies, and other entities as required by 14.9 federal regulation or law governing the child support 14.10 enforcement program as necessary for the administration of the 14.11 child support enforcement program or when otherwise authorized 14.12 by law. 14.13 Sec. 11. Minnesota Statutes 1996, section 256.978, 14.14 subdivision 2, is amended to read: 14.15 Subd. 2. [ACCESS TO INFORMATION.] (a) A written request 14.16 for information by the public authority responsible for child 14.17 support may be made to: 14.18 (1) employers when there is reasonable cause to believe 14.19 that the subject of the inquiry is or was an employee or 14.20 independent contractor of the employer. Information to be 14.21 released by employers is limited to place of residence, 14.22 employment status, wage or payment information, benefit 14.23 information, and social security number; 14.24 (2) utility companies when there is reasonable cause to 14.25 believe that the subject of the inquiry is or was a retail 14.26 customer of the utility company. Customer information to be 14.27 released by utility companies is limited to place of residence, 14.28 home telephone, work telephone, source of income, employer and 14.29 place of employment, and social security number; 14.30 (3) insurance companies when there isan arrearage of child14.31support and there isreasonable cause to believe that the 14.32 subject of the inquiry is or was receiving funds either in the 14.33 form of a lump sum or periodic payments. Information to be 14.34 released by insurance companies is limited to place of 14.35 residence, home telephone, work telephone, employer, social 14.36 security number, and amounts and type of payments made to the 15.1 subject of the inquiry; 15.2 (4) labor organizations when there is reasonable cause to 15.3 believe that the subject of the inquiry is or was a member of 15.4 the labor association. Information to be released by labor 15.5 associations is limited to place of residence, home telephone, 15.6 work telephone, social security number, and current and past 15.7 employment information; and 15.8 (5) financial institutions whenthere is an arrearage of15.9child support andthere is reasonable cause to believe that the 15.10 subject of the inquiry has or has had accounts, stocks, loans, 15.11 certificates of deposits, treasury bills, life insurance 15.12 policies, or other forms of financial dealings with the 15.13 institution. Information to be released by the financial 15.14 institution is limited to place of residence, home telephone, 15.15 work telephone, identifying information on the type of financial 15.16 relationships, social security number, current value of 15.17 financial relationships, and current indebtedness of the subject 15.18 with the financial institution. 15.19 (b) For purposes of this subdivision, utility companies 15.20 include companies that provide electrical, telephone, natural 15.21 gas, propane gas, oil, coal, or cable television services to 15.22 retail customers. The term financial institution includes 15.23 banks, savings and loans, credit unions, brokerage firms, 15.24 mortgage companies,andinsurance companies., benefit 15.25 associations, safe deposit companies, administrators of money 15.26 market mutual funds, or similar entities authorized to do 15.27 business in the state. 15.28 Sec. 12. [256.9781] [DATA MATCH SYSTEM.] 15.29 Subdivision 1. [FINANCIAL INSTITUTION DATA MATCHES.] For 15.30 purposes of this section, the following terms have the meanings 15.31 given them: 15.32 (a) "Account" means a demand deposit account, checking or 15.33 negotiable withdrawal order account, line of credit, savings 15.34 account, time deposit account, or money market mutual fund. 15.35 (b) "Account information" means the type of account; the 15.36 account number; whether the account is singly or jointly owned; 16.1 in the case of jointly owned accounts, the name and address of 16.2 the nonobligor account owner; the amount of the funds held in 16.3 the account; and in the case of a line of credit, the amount of 16.4 credit available. 16.5 (c) "Financial institution" means any of the following that 16.6 do business in the state: 16.7 (1) federal and state commercial savings banks, including 16.8 savings and loan associations and cooperative banks; 16.9 (2) federal and state chartered credit unions; 16.10 (3) benefit associations; 16.11 (4) insurance companies; 16.12 (5) safe deposit companies; 16.13 (6) money market mutual funds; and 16.14 (7) any similar entity authorized to do business in the 16.15 state. 16.16 (d) "Public authority" means the public authority 16.17 responsible for child support enforcement. 16.18 Subd. 2. [DATA MATCH SYSTEM ESTABLISHED.] The commissioner 16.19 of human services shall establish a process for the comparison 16.20 of account information data held by financial institutions with 16.21 the public authority's database of child support obligors. The 16.22 commissioner shall make reasonable efforts to inform the 16.23 financial industry of the requirements of this section and the 16.24 process that financial institutions must comply with. The 16.25 commissioner may contract for services to carry out the 16.26 provisions of this section. 16.27 Subd. 3. [DUTY TO PROVIDE DATA; MEANS.] (a) As required by 16.28 federal law, a financial institution shall provide to the public 16.29 authority on a quarterly basis the name, address, social 16.30 security number, tax identification number, and all account 16.31 information for each noncustodial parent who maintains an 16.32 account at the financial institution and who owes past due 16.33 support, as identified by the department by name and social 16.34 security number or other taxpayer identification number. 16.35 (b) A financial institution may provide the required data 16.36 by submitting electronic media in a compatible format or 17.1 delivering, mailing, or telefaxing a copy of the data by other 17.2 means authorized by the commissioner of human services that will 17.3 result in timely reporting. 17.4 Subd. 4. [SEIZURE.] (a) Upon receipt of a notice of lien 17.5 from the public authority, financial institutions shall freeze 17.6 the funds or assets described in the notice and shall not permit 17.7 the funds or assets to be withdrawn or disposed of until further 17.8 notice by the public authority. 17.9 (b) The public authority and the financial institution 17.10 receiving the notice of lien shall not provide the obligor with 17.11 notice prior to freezing the funds or assets, but may notify the 17.12 obligor any time after the funds or assets are frozen. 17.13 Subd. 5. [RIGHT OF SETOFF.] Upon receipt of a notice of 17.14 lien, a financial institution shall not have the right to set 17.15 off any debts owed by the obligor to the financial institution 17.16 unless the financial institution can show the obligor was 17.17 insolvent as defined in this subdivision prior to receiving the 17.18 notice of lien. 17.19 For purposes of this subdivision, "insolvent" means a 17.20 person who has ceased to pay debts in the ordinary course of 17.21 business or cannot pay the debts as they become due. 17.22 Subd. 6. [FAILURE TO RESPOND TO REQUEST FOR 17.23 INFORMATION.] The public authority shall send by certified mail 17.24 a written notice to any financial institution that fails to 17.25 respond to a request for information under this section. The 17.26 notice of noncompliance must explain the requirements under this 17.27 section and advise the entity of the penalty for noncompliance. 17.28 A financial institution that receives a notice of noncompliance 17.29 and later incurs a second violation is subject to a civil 17.30 penalty of $25 for each failure to respond. An entity that 17.31 incurs more than two violations is subject to a civil penalty of 17.32 $500 for each failure to respond. These penalties may be 17.33 imposed and collected by the public authority. 17.34 Subd. 7. [IMMUNITY.] A financial institution that provides 17.35 information under this section shall not be liable to any person 17.36 for disclosing the information required by this section, for 18.1 encumbering or surrendering assets of any obligor, or in good 18.2 faith for taking any other action as authorized by this 18.3 section. A financial institution that receives data from the 18.4 public authority under this section is not immune and shall be 18.5 held liable for any unauthorized disclosure of that data as 18.6 required by chapter 13. 18.7 Subd. 8. [IMPLEMENTATION.] This section shall be 18.8 implemented according to a plan determined by the commissioner 18.9 of human services not later than July 1, 1998. 18.10 Sec. 13. [256.9782] [ADMINISTRATIVE LIENS; CHILD SUPPORT.] 18.11 Subdivision 1. [LIEN.] An unpaid child support obligation 18.12 becomes a lien by operation of law on all real, personal, and 18.13 intangible property of the obligor on and after the day on which 18.14 the obligation becomes due in the amount of the unpaid 18.15 obligation. The unpaid obligation includes all unpaid 18.16 installments of child support accruing after the date of filing 18.17 of a notice of lien. 18.18 Subd. 2. [ENFORCEMENT.] The child support administrative 18.19 lien is not enforceable against any purchaser, mortgagee, 18.20 pledgee, holder of a uniform commercial code security interest, 18.21 mechanic's lien, or judgment lien creditor whose interest has 18.22 been duly perfected or is entitled to protection under 18.23 applicable provisions of state law until the public authority 18.24 responsible for child support enforcement has filed a notice of 18.25 lien as required by this section. 18.26 Subd. 3. [FILING.] The public authority responsible for 18.27 child support enforcement may file a notice of lien with the 18.28 office of the secretary of state. Filing may occur by United 18.29 States mail, personal delivery, or electronic transmission. The 18.30 secretary of state shall enter the date and time of filing and 18.31 the file number and shall index the names of the persons shown 18.32 on the notice into the computerized database system maintained 18.33 by the secretary of state. The information in the computerized 18.34 filing and database systems does not create, release, discharge, 18.35 or recreate a notice of child support lien on real or personal 18.36 property in the state. The public authority shall also file the 19.1 notice of lien with the department of transportation, motor 19.2 vehicle division. 19.3 Subd. 4. [REAL PROPERTY.] The lien is enforceable against 19.4 the obligor's interest in real property when the public 19.5 authority files a notice of lien in the office of the county 19.6 recorder or the registrar of deeds of the county in which the 19.7 real property is situated. The public authority responsible for 19.8 child support enforcement is exempt from paying the fees 19.9 normally charged for filing or recording the lien and the 19.10 release of the lien. 19.11 Subd. 5. [PERSONAL OR INTANGIBLE PROPERTY.] The public 19.12 authority responsible for child support enforcement may serve by 19.13 first class mail a notice of lien on any financial institution 19.14 or entity holding personal or intangible property of the obligor. 19.15 The notice shall operate as an immediate levy on all property of 19.16 the obligor. The levy shall remain in effect for 60 days from 19.17 the date of notice or until the public authority notifies the 19.18 financial institution or other entity to levy the property and 19.19 turn it over to public authority responsible for child support 19.20 enforcement, whichever occurs first. This time frame may be 19.21 extended by the public authority if the obligor requests a 19.22 review of the levy under this section or files a motion with the 19.23 court under this section. 19.24 Subd. 6. [OBLIGOR NOTICE.] After service of the notice of 19.25 lien in subdivision 4 or 5, the public authority shall serve the 19.26 notice of lien upon the obligor by first class mail sent to the 19.27 obligor's last known address. The notice shall provide the 19.28 obligor with the right to cure the arrearage or request an 19.29 administrative review of the action taken under this section on 19.30 the basis that the amount stated in the lien is not owed or that 19.31 the amount is incorrect. The request for administrative review 19.32 must be made to the public authority responsible for child 19.33 support enforcement within 17 days of the date the notice was 19.34 served. Upon expiration of the 17 days, if the obligor has 19.35 failed to cure the arrearage or request an administrative 19.36 review, the financial institution or other entity shall turn 20.1 over the funds, assets, or other personal property described in 20.2 the notice of lien to the public authority responsible for child 20.3 support enforcement within five business days. 20.4 Subd. 7. [PENALTY.] Disposal, conversion, or any other 20.5 means of dispensing property after receipt of the notice of lien 20.6 shall result in a penalty of not less than the value of the 20.7 property subject to levy, together with reasonable costs and 20.8 attorney's fees plus interest, not to exceed the current child 20.9 support administrative lien interest rate. 20.10 Subd. 8. [CHILD SUPPORT HEARING.] (a) If the obligor 20.11 requests an administrative review under subdivision 6, the 20.12 obligor may request a hearing under the rules of civil procedure 20.13 on the issue of whether the lien amount or amounts have been 20.14 paid and may move the court for an order directing the county 20.15 recorder to discharge the lien entered according to this 20.16 section. Failure to request an administrative review under 20.17 subdivision 6 shall result in the obligor waiving the right to 20.18 file a motion contesting the levy on the property described in 20.19 the notice of lien or the amounts owed for past due support. 20.20 (b) The court may review the action taken by the public 20.21 authority under this section and may correct any mistakes of 20.22 fact but shall not reduce or retroactively modify child support 20.23 arrears. 20.24 Subd. 9. [PRIORITY.] A notice of administrative lien 20.25 perfected under this section takes priority over a security 20.26 interest arising under Article 9 of the Uniform Commercial Code, 20.27 sections 336.9-101 to 336.9-508, that is perfected before the 20.28 filing date of the child support lien imposed under this 20.29 section, provided: 20.30 (1) the perfected security interest secures property 20.31 acquired by the obligor or advances made by the secured party to 20.32 the obligor after the notice of child support lien is filed; and 20.33 (2) the property in question is acquired or the advance is 20.34 made after the 45th day following the day on which the notice of 20.35 child support lien is filed, or after the secured party has 20.36 actual notice or knowledge of the child support lien filing, 21.1 whichever is earlier. 21.2 Subd. 10. [EXPIRATION.] The lien shall expire when the 21.3 current child support obligation ends and child support 21.4 payments, including arrears, are paid in full or upon release of 21.5 the lien by the public authority responsible for child support 21.6 enforcement. A perfected child support lien shall expire ten 21.7 years after the date on which the lien was first perfected 21.8 unless prior to the expiration, the public authority responsible 21.9 for child support enforcement extends the lien according to 21.10 subdivision 11. The public authority may extend the lien for as 21.11 many ten-year periods as necessary, provided each extension 21.12 complies with subdivision 11. An extension of the lien under 21.13 subdivision 11 does not affect its priority. 21.14 Subd. 11. [LIEN EXTENSION.] A child support lien under 21.15 this section may be extended for additional ten-year periods by 21.16 the public authority provided the public authority files a 21.17 properly executed notice of lien renewal with each authority who 21.18 recorded the lien. 21.19 Subd. 12. [EXEMPT PROPERTY.] A perfected child support 21.20 lien under this section is not enforceable against any property 21.21 of the obligor that is exempt under sections 550.37, 550.38, and 21.22 550.39 except that the lien is enforceable upon the sale or 21.23 transfer of an obligor's homestead according to section 510.07. 21.24 Subd. 13. [FORMS.] The department of human services shall 21.25 provide the notice of lien, notice to obligor of the lien, and 21.26 notice of the lien renewal. 21.27 Sec. 14. Minnesota Statutes 1996, section 256.979, 21.28 subdivision 8, is amended to read: 21.29 Subd. 8. [MEDICAL PROVIDER REIMBURSEMENT.] (a) A fee to 21.30 the providers of medical services is created for the purpose of 21.31 increasing the numbers of signed and notarized recognition of 21.32 parentage forms completed in the medical setting. 21.33 (b) A fee of $25 shall be paid to each medical provider for 21.34 each properly completed recognition of parentage form sent to 21.35 the department of vital statistics. 21.36 (c) The office of vital statistics shall notify the 22.1 department of human services quarterly of the numbers of 22.2 completed forms received and the amounts paid. 22.3 (d) The department of human services shall remit quarterly 22.4 to each medical provider a payment for the number of signed 22.5 recognition of parentage forms completed by that medical 22.6 provider and sent to the office of vital statistics. 22.7 (e) The commissioners of the department of human services 22.8 and the department of health shall develop procedures for the 22.9 implementation of this provision. 22.10 (f) Payments will be made to the medical provider within 22.11 the limit of available appropriations. 22.12 (g) Federal matching funds received as reimbursement for 22.13 the costs of the medical provider reimbursement shall be 22.14 retained by the commissioner of human services for educational 22.15 programs dedicated to the prevention of nonmarital births and 22.16 the benefits of paternity establishment. 22.17 Sec. 15. Minnesota Statutes 1996, section 256.979, is 22.18 amended by adding a subdivision to read: 22.19 Subd. 10. [TRANSFERABILITY BETWEEN BONUS INCENTIVE 22.20 ACCOUNTS AND GRANTS TO COUNTY AGENCIES.] The commissioner of 22.21 human services may transfer money appropriated for child support 22.22 enforcement county performance incentives under this section and 22.23 section 256.9791 among county performance incentive accounts. 22.24 The commissioner may create additional performance incentives to 22.25 county agencies with the remaining funds. Incentive funds to 22.26 counties transferred under this section must be reinvested in 22.27 the child support enforcement program and may not be used to 22.28 supplant money now spent by counties for child support 22.29 enforcement. 22.30 Sec. 16. Minnesota Statutes 1996, section 256.9791, 22.31 subdivision 1, is amended to read: 22.32 Subdivision 1. [BONUS INCENTIVE.] (a) A bonus incentive 22.33 program is created to increase the identification and 22.34 enforcement by county agencies of dependent health insurance 22.35 coverage for persons who are receiving medical assistance under 22.36 section 256B.055 and for whom the county agency is providing 23.1 child support enforcement services. 23.2 (b) The bonus shall be awarded to a county child support 23.3 agency for each person for whom coverage is identified and 23.4 enforced by the child support enforcement program when the 23.5 obligor is under a court order to provide dependent health 23.6 insurance coverage. 23.7 (c) Bonus incentive funds under this section must be 23.8 reinvested in the county child support enforcement program and a 23.9 county may not reduce funding of the child support enforcement 23.10 program by the amount of the bonus earned. 23.11 Sec. 17. Minnesota Statutes 1996, section 256.9792, 23.12 subdivision 1, is amended to read: 23.13 Subdivision 1. [ARREARAGE COLLECTIONS.] Arrearage 23.14 collection projects are created to increase the revenue to the 23.15 state and counties, reduceAFDCpublic assistance expenditures 23.16 for former public assistance cases, and increase payments of 23.17 arrearages to persons who are not receiving public assistance by 23.18 submitting cases for arrearage collection to collection 23.19 entities, including but not limited to, the department of 23.20 revenue and private collection agencies. 23.21 Sec. 18. Minnesota Statutes 1996, section 256.9792, 23.22 subdivision 2, is amended to read: 23.23 Subd. 2. [DEFINITIONS.] (a) The definitions in this 23.24 subdivision apply to this section: 23.25 (b) "Public assistance arrearage case" means a case where 23.26 current support may be due, no payment, with the exception of 23.27 tax offset, has been made within the last 90 days, and the 23.28 arrearages are assigned to the public agencypursuantaccording 23.29 to section256.74, subdivision 5256.741, subdivision 1. 23.30 (c) "Public authority" means the public authority 23.31 responsible for child support enforcement. 23.32 (d) "Nonpublic assistance arrearage case" means a support 23.33 case where arrearages have accrued that have not been assigned 23.34pursuantaccording to section256.74, subdivision 5256.741, 23.35 subdivision 1. 23.36 Sec. 19. Minnesota Statutes 1996, section 256.998, 24.1 subdivision 1, is amended to read: 24.2 Subdivision 1. [DEFINITIONS.] (a) The definitions in this 24.3 subdivision apply to this section. 24.4 (b) "Date of hiring" means the earlier of: (1) the first 24.5 day for which an employee is owed compensation by an employer; 24.6 or (2) the first day that an employee reports to work or 24.7 performs labor or services for an employer. 24.8 (c) "Earnings" means payment owed by an employer for labor 24.9 or services rendered by an employee. 24.10 (d) "Employee" means a person who resides or works in 24.11 Minnesota andperforms services for compensation, in whatever24.12form, for an employer.satisfies the criteria of an employee 24.13 under chapter 24 of the Federal Tax Code. Employee does not 24.14 include: 24.15 (1) persons hired for domestic service in the private home 24.16 of the employer, as defined in the Federal Tax Code.; or 24.17 (2) an employee of the federal or state agency performing 24.18 intelligence or counterintelligence functions, if the head of 24.19 such agency has determined that reporting according to this law 24.20 would endanger the safety of the employee or compromise an 24.21 ongoing investigation or intelligence mission. 24.22 (e) "Employer" means a person or entity located or doing 24.23 business in this state that employs one or more employees for 24.24 payment, and includes the state, political or other governmental 24.25 subdivisions of the state, and the federal government.and 24.26 satisfies the criteria of an employer under section 3401(d) of 24.27 the Federal Tax Code. 24.28 (f) "Hiring" means engaging a person to perform services 24.29 for compensation and includes the reemploying or return to work 24.30 of any previous employee who was laid off, furloughed, 24.31 separated, granted a leave without pay, or terminated from 24.32 employment.when a period of 90 days elapses from the date of 24.33 layoff, furlough, separation, leave, or termination to the date 24.34 of the person's return to work. 24.35 (g) "Labor organization" means entities located or doing 24.36 business in this state that meet the criteria of labor 25.1 organization under section 2(5) of the National Labor Relations 25.2 Act. This includes any entity, that may also be known as a 25.3 hiring hall, used to carry out requirements described in section 25.4 8(f)(3) of the National Labor Relations Act. 25.5 (h) "Payor" means a person or entity located or doing 25.6 business in Minnesota who pays money to an independent 25.7 contractor according to an agreement for the performance of 25.8 services. 25.9 Sec. 20. Minnesota Statutes 1996, section 256.998, 25.10 subdivision 6, is amended to read: 25.11 Subd. 6. [SANCTIONS.] If an employer fails to report under 25.12 this section, the commissioner of human services, by certified 25.13 mail, shall send the employer a written notice of noncompliance 25.14 requesting that the employer comply with the reporting 25.15 requirements of this section. The notice of noncompliance must 25.16 explain the reporting procedure under this section and advise 25.17 the employer of the penalty for noncompliance. An employer who 25.18 has received a notice of noncompliance and later incurs a second 25.19 violation is subject to a civil penalty of$50$20 for each 25.20 intentionally unreported employee. An employer who has received 25.21 a notice of noncompliance and later incurs a third or subsequent 25.22 violation is subject to a civil penalty of$500$450 for each 25.23 intentionally unreported employee., if noncompliance is the 25.24 result of a conspiracy between an employer and an employee to 25.25 not supply the required report or to supply a false or 25.26 incomplete report. These penalties may be imposed and collected 25.27 by the commissioner of human services. 25.28 Sec. 21. Minnesota Statutes 1996, section 256.998, 25.29 subdivision 7, is amended to read: 25.30 Subd. 7. [ACCESS TO DATA.] The commissioner of human 25.31 services shall retain the information reported to the work 25.32 reporting system for a period of six months. Data in the work 25.33 reporting system may be disclosed to the public authority 25.34 responsible for child support enforcement, federal agencies,and25.35 state and local agencies of other states for the purposes of 25.36 enforcing state and federal laws governing child support., and 26.1 agencies responsible for the administration of programs under 26.2 Title IV-A of the Social Security Act, the department of 26.3 economic security, and the department of labor and industry. 26.4 Sec. 22. Minnesota Statutes 1996, section 256.998, 26.5 subdivision 9, is amended to read: 26.6 Subd. 9. [INDEPENDENT CONTRACTORS.] The state and all 26.7 political subdivisions of the state, when acting in the capacity 26.8 of an employer, shall report the hiring of any person as an 26.9 independent contractor to the centralized work reporting system 26.10 in the same manner as the hiring of an employee is reported. 26.11The attorney general and the commissioner of human services26.12shall work with representatives of the employment community and26.13industries that utilize independent contractors in the regular26.14course of business to develop a plan to include the reporting of26.15independent contractors by all employers to the centralized work26.16reporting system by July 1, 1996. The attorney general and the26.17commissioner of human services shall present the resulting plan26.18in the form of proposed legislation to the legislature by26.19February 1, 1996.Other payors may report independent 26.20 contractors to whom they make payments that require the filing 26.21 of a 1099-MISC report. Payors reporting independent contractors 26.22 shall report by use of the same means and provide the same 26.23 information required under subdivisions 4 and 5. The 26.24 commissioner of human services shall establish procedures for 26.25 payors reporting under this section. 26.26 Sec. 23. Minnesota Statutes 1996, section 257.57, 26.27 subdivision 2, is amended to read: 26.28 Subd. 2. The child, the mother, or personal representative 26.29 of the child, the public authority chargeable by law with the 26.30 support of the child, the personal representative or a parent of 26.31 the mother if the mother has died or is a minor, a man alleged 26.32 or alleging himself to be the father, or the personal 26.33 representative or a parent of the alleged father if the alleged 26.34 father has died or is a minor may bring an action: 26.35 (1) at any time for the purpose of declaring the existence 26.36 of the father and child relationship presumed under section 27.1 257.55, subdivision 1, paragraph (d), (e), (f), (g), or (h), or 27.2 the nonexistence of the father and child relationship presumed 27.3 under clause (d) of that subdivision; 27.4 (2) for the purpose of declaring the nonexistence of the 27.5 father and child relationship presumed under section 257.55, 27.6 subdivision 1, paragraph (e) or (g), only if the action is 27.7 brought within six months after the person bringing the action 27.8 obtains the results of blood or genetic tests that indicate that 27.9 the presumed father is not the father of the child; 27.10 (3) for the purpose of declaring the nonexistence of the 27.11 father and child relationship presumed under section 257.55, 27.12 subdivision 1, paragraph (f), only if the action is brought 27.13 within three years after the party bringing the action, or the 27.14 party's attorney of record, has been provided the blood or 27.15 genetic test results; or 27.16 (4) for the purpose of declaring the nonexistence of the 27.17 father and child relationship presumed under section257.7527.18 257.55, subdivision91, paragraph (i), only if the action is 27.19 brought by the minor signatory within six months after the minor 27.20 signatory reaches the age of 18. In the case of a recognition 27.21 of parentage executed by two minor signatories, the action to 27.22 declare the nonexistence of the father and child relationship 27.23 must be brought within six months after the youngest signatory 27.24 reaches the age of 18. 27.25 Sec. 24. Minnesota Statutes 1996, section 257.62, 27.26 subdivision 1, is amended to read: 27.27 Subdivision 1. [BLOOD OR GENETIC TESTS REQUIRED.] (a) The 27.28 court or public authority may, and upon request of a party 27.29 shall, require the child, mother, or alleged father to submit to 27.30 blood or genetic tests. The party requesting the tests shall 27.31 file with the court an affidavit either alleging or denying 27.32 paternity and setting forth facts that establish the reasonable 27.33 possibility that there was, or was not, the requisite sexual 27.34 contact between the parties. 27.35 (b) A copy of the test results must be served onthe27.36parties as provided in section 543.20each party by first class 28.1 mail to the party's last known address. Any objection to the 28.2 results of blood or genetic tests must be made in writing no 28.3 later than15 days prior to a hearing at which time those test28.4results may be introduced into evidence17 days after service of 28.5 the results. Test results served upon a party must include 28.6 notice of this right to object. 28.7 (c) If the alleged father is dead, the court may, and upon 28.8 request of a party shall, require the decedent's parents or 28.9 brothers and sisters or both to submit to blood or genetic 28.10 tests. However, in a case involving these relatives of an 28.11 alleged father, who is deceased, the court may refuse to order 28.12 blood or genetic tests if the court makes an express finding 28.13 that submitting to the tests presents a danger to the health of 28.14 one or more of these relatives that outweighs the child's 28.15 interest in having the tests performed. Unless the person gives 28.16 consent to the use, the results of any blood or genetic tests of 28.17 the decedent's parents, brothers, or sisters may be used only to 28.18 establish the right of the child to public assistance including 28.19 but not limited to social security and veterans' benefits. The 28.20 tests shall be performed by a qualified expert appointed by the 28.21 court. 28.22 Sec. 25. Minnesota Statutes 1996, section 257.62, 28.23 subdivision 2, is amended to read: 28.24 Subd. 2.The court, upon reasonable request by a party,28.25shall order that independent tests be performed by other28.26qualified experts.A party wanting additional testing must 28.27 first contest the original tests in subdivision 1, paragraph 28.28 (b), and must pay in advance for the additional testing. The 28.29 additional testing shall be performed by another qualified 28.30 expert. 28.31 Sec. 26. Minnesota Statutes 1996, section 257.66, 28.32 subdivision 3, is amended to read: 28.33 Subd. 3. [JUDGMENT; ORDER.] The judgment or order shall 28.34 contain provisions concerning the duty of support, the custody 28.35 of the child, the name of the child, the social security number 28.36 of the mother, father, and child, if known at the time of 29.1 adjudication, visitation privileges with the child, the 29.2 furnishing of bond or other security for the payment of the 29.3 judgment, or any other matter in the best interest of the 29.4 child. Custody and visitation and all subsequent motions 29.5 related to them shall proceed and be determined under section 29.6 257.541. The remaining matters and all subsequent motions 29.7 related to them shall proceed and be determined in accordance 29.8 with chapter 518. The judgment or order may direct the 29.9 appropriate party to pay all or a proportion of the reasonable 29.10 expenses of the mother's pregnancy and confinement, after 29.11 consideration of the relevant facts, including the relative 29.12 financial means of the parents; the earning ability of each 29.13 parent; and any health insurance policies held by either parent, 29.14 or by a spouse or parent of the parent, which would provide 29.15 benefits for the expenses incurred by the mother during her 29.16 pregnancy and confinement. Pregnancy and confinement expenses 29.17 and genetic testing costs, submitted by the public authority, 29.18 are admissible as evidence without third-party foundation 29.19 testimony and shall constitute prima facie evidence of the 29.20 amounts incurred for such services or for the genetic testing. 29.21 Remedies available for the collection and enforcement of child 29.22 support apply to confinement costs and are considered additional 29.23 child support. 29.24 Sec. 27. Minnesota Statutes 1996, section 257.66, is 29.25 amended by adding a subdivision to read: 29.26 Subd. 6. [REQUIRED INFORMATION.] Upon entry of judgment or 29.27 order, each parent who is a party in a paternity proceeding 29.28 shall: 29.29 (1) file with the public authority responsible for child 29.30 support enforcement the party's social security number, 29.31 residential and mailing address, telephone number, driver's 29.32 license number, and name, address, and telephone number of any 29.33 employer if the party is receiving services from the public 29.34 authority or begins receiving services from the public 29.35 authority; 29.36 (2) file the information in clause (1) with the district 30.1 court; and 30.2 (3) notify the court and, if applicable, the public 30.3 authority responsible for child support enforcement of any 30.4 change in the information required under this section within ten 30.5 days of the change. 30.6 Sec. 28. Minnesota Statutes 1996, section 257.70, is 30.7 amended to read: 30.8 257.70 [HEARINGS AND RECORDS; CONFIDENTIALITY.] 30.9 (a) Notwithstanding any other law concerning public 30.10 hearings and records, any hearing or trial held under sections 30.11 257.51 to 257.74 shall be held in closed court without 30.12 admittance of any person other than those necessary to the 30.13 action or proceeding. All papers and records, other than the 30.14 final judgment, pertaining to the action or proceeding, whether 30.15 part of the permanent record of the court or of a file in the 30.16 state department of human services or elsewhere, are subject to 30.17 inspection only upon consent of the court and all interested 30.18 persons, or in exceptional cases only upon an order of the court 30.19 for good cause shown. 30.20 (b) In all proceedings under this chapter, in which public 30.21 assistance is assigned under section 256.741 or the public 30.22 authority provides services to a party or parties to the 30.23 proceedings, information on the location of one party may not be 30.24 disclosed by the public authority to the other party if: 30.25 (1) a protective order with respect to the other party has 30.26 been entered; or 30.27 (2) the public authority has reason to believe that the 30.28 release of the information may result in physical or emotional 30.29 harm to the other party. 30.30 Sec. 29. Minnesota Statutes 1996, section 257.75, 30.31 subdivision 1a, is amended to read: 30.32 Subd. 1a. [JOINDER IN RECOGNITION BY HUSBAND.] A man who 30.33 is a presumed father under section 257.55, subdivision 1, 30.34 paragraph (a), may join in a recognition of parentage that 30.35 recognizes that another man is the child's biological father. 30.36 The man who is the presumed father under section 257.55, 31.1 subdivision 1, paragraph (a), must sign an acknowledgment under 31.2 oath before a notary public that he is renouncing the 31.3 presumption under section 257.55, subdivision 1, paragraph (a), 31.4 and recognizing that the father who is executing the recognition 31.5 under subdivision 1 is the biological father of the child. A 31.6 joinder in a recognition under this subdivision must be executed 31.7 within one year after the child's birth andat the same time as31.8the recognition under subdivision 1 or within ten days following31.9execution of the recognition.the joinder must beincluded in31.10the recognition form or incorporated by reference within the31.11recognition and attached to the form when it isfiled with the 31.12 state registrar of vital statistics. The joinder must be on a 31.13 form prepared by the commissioner of human services. Failure to 31.14 properly execute a joinder in a recognition does not affect the 31.15 validity of the recognition under subdivision 1. 31.16 Sec. 30. Minnesota Statutes 1996, section 257.75, 31.17 subdivision 2, is amended to read: 31.18 Subd. 2. [REVOCATION OF RECOGNITION.] A recognition may be 31.19 revoked in a writing signed by the mother or father before a 31.20 notary public and filed with the state registrar of vital 31.21 statistics within the earlier of 30 days after the recognition 31.22 is executed.or the date of an administrative or judicial 31.23 hearing relating to the child in which the revoking party is a 31.24 party to the related action. A joinder in a recognition may be 31.25 revoked in a writing signed by the man who executed the joinder 31.26 and filed with the state registrar of vital statistics within 30 31.27 days after the joinder is executed. Upon receipt of a 31.28 revocation of the recognition of parentage or joinder in a 31.29 recognition, the state registrar of vital statistics shall 31.30 forward a copy of the revocation to the nonrevoking parent, or, 31.31 in the case of a joinder in a recognition, to the mother and 31.32 father who executed the recognition. The commissioner of human 31.33 services shall prepare a revocation form. 31.34 Sec. 31. Minnesota Statutes 1996, section 257.75, 31.35 subdivision 3, is amended to read: 31.36 Subd. 3. [EFFECT OF RECOGNITION.] Subject to subdivision 2 32.1 and section 257.55, subdivision 1, paragraph (g) or (h), the 32.2 recognition has the force and effect of a judgment or order 32.3 determining the existence of the parent and child relationship 32.4 under section 257.66. If the conditions in section 257.55, 32.5 subdivision 1, paragraph (g) or (h), exist, the recognition 32.6 creates only a presumption of paternity for purposes of sections 32.7 257.51 to 257.74. Until an order is entered granting custody to 32.8 another, the mother has sole custody. The recognition is: 32.9 (1) a basis for bringing an action to award custody or 32.10 visitation rights to either parent, establishing a child support 32.11 obligation which may include up to the two years immediately 32.12 preceding the commencement of the action, ordering a 32.13 contribution by a parent under section 256.87, or ordering a 32.14 contribution to the reasonable expenses of the mother's 32.15 pregnancy and confinement, as provided under section 257.66, 32.16 subdivision 3, or ordering reimbursement for the costs of blood 32.17 or genetic testing, as provided under section 257.69, 32.18 subdivision 2; 32.19 (2) determinative for all other purposes related to the 32.20 existence of the parent and child relationship; and 32.21 (3) entitled to full faith and credit in other 32.22 jurisdictions. A recognition of parentage that is unchallenged 32.23 shall not be ratified in a judicial or administrative proceeding. 32.24 Sec. 32. Minnesota Statutes 1996, section 257.75, 32.25 subdivision 4, is amended to read: 32.26 Subd. 4. [ACTION TO VACATE RECOGNITION.] (a) An action to 32.27 vacate a recognition of paternity may be brought by the mother, 32.28 father, husband or former husband who executed a joinder, or the 32.29 child. A mother, father, or husband or former husband who 32.30 executed a joinder must bring the action within one year of the 32.31 execution of the recognition or within six months after the 32.32 person bringing the action obtains the results of blood or 32.33 genetic tests that indicate that the man who executed the 32.34 recognition is not the father of the child. A child must bring 32.35 an action to vacate within six months after the child obtains 32.36 the result of blood or genetic tests that indicate that the man 33.1 who executed the recognition is not the father of the child, or 33.2 within one year of reaching the age of majority, whichever is 33.3 later. If the court finds a prima facie basis for vacating the 33.4 recognition, the court shall order the child, mother, father, 33.5 and husband or former husband who executed a joinder to submit 33.6 to blood tests. If the court issues an order for the taking of 33.7 blood tests, the court shall require the party seeking to vacate 33.8 the recognition to make advance payment for the costs of the 33.9 blood tests. If the party fails to pay for the costs of the 33.10 blood tests, the court shall dismiss the action to vacate with 33.11 prejudice. The court may also order the party seeking to vacate 33.12 the recognition to pay the other party's reasonable attorney 33.13 fees, costs, and disbursements. If the results of the blood 33.14 tests establish that the man who executed the recognition is not 33.15 the father, the court shall vacate the recognition. If a 33.16 recognition is vacated, any joinder in the recognition under 33.17 subdivision 1a is also vacated. The court shall terminate the 33.18 obligation of a party to pay ongoing child support based on the 33.19 recognition. A modification of child support based on a 33.20 recognition may be made retroactive with respect to any period 33.21 during which the moving party has pending a motion to vacate the 33.22 recognition but only from the date of service of notice of the 33.23 motion on the responding party. 33.24 (b) The burden of proof in an action to vacate the 33.25 recognition is on the moving party. The moving party must 33.26 request the vacation on the basis of fraud, duress, or material 33.27 mistake of fact. The legal responsibilities in existence at the 33.28 time of an action to vacate, including child support 33.29 obligations, may not be suspended during the proceeding, except 33.30 for good cause shown. 33.31 Sec. 33. Minnesota Statutes 1996, section 257.75, 33.32 subdivision 5, is amended to read: 33.33 Subd. 5. [RECOGNITION FORM.] The commissioner of human 33.34 services shall prepare a form for the recognition of parentage 33.35 under this section. In preparing the form, the commissioner 33.36 shall consult with the individuals specified in subdivision 6. 34.1 The recognition form must be drafted so that the force and 34.2 effect of the recognition and the benefits and responsibilities 34.3 of establishing paternity are clear and understandable. Before 34.4 the parents of a child sign a recognition of parentage, they 34.5 must be given oral and written notice of the legal consequences 34.6 of signing the recognition, the rights and responsibilities 34.7 assumed by signing the recognition, and the alternatives to 34.8 executing a recognition of parentage. The form must include a 34.9 notice regarding the finality of a recognition and the 34.10 revocation procedure under subdivision 2. The form must include 34.11 a provision for each parent to verify that the parent has read 34.12 or viewed the educational materials prepared by the commissioner 34.13 of human services describing the recognition of paternity.and 34.14 that the individual providing the form to the parents for 34.15 execution provided oral notice of the rights, responsibilities, 34.16 and alternatives to executing the recognition. Oral notice may 34.17 be provided by audio tape, videotape, or similar means. Each 34.18 parent must receive a copy of the recognition. 34.19 Sec. 34. Minnesota Statutes 1996, section 257.75, 34.20 subdivision 7, is amended to read: 34.21 Subd. 7. [HOSPITAL AND DEPARTMENT OF HEALTH DISTRIBUTION 34.22 OF EDUCATIONAL MATERIALS; RECOGNITION FORM.] Hospitals that 34.23 provide obstetric services and the state registrar of vital 34.24 statistics shall distribute the educational materials and 34.25 recognition of parentage forms prepared by the commissioner of 34.26 human services to new parents and shall assist parents in 34.27 understanding the recognition of parentage form., including 34.28 following the provisions for oral and written notice under 34.29 subdivision 5. On and after January 1, 1994, hospitals may not 34.30 distribute the declaration of parentage forms. 34.31 Sec. 35. Minnesota Statutes 1996, section 299C.46, 34.32 subdivision 3, is amended to read: 34.33 Subd. 3. [AUTHORIZED USE, FEE.] (a) The data 34.34 communications network shall be used exclusively by: 34.35 (1) criminal justice agencies in connection with the 34.36 performance of duties required by law; 35.1 (2) agencies investigating federal security clearances of 35.2 individuals for assignment or retention in federal employment 35.3 with duties related to national security, as required by Public 35.4 Law Number 99-1691;and35.5 (3) other agencies to the extent necessary to provide for 35.6 protection of the public or property in an emergency or disaster 35.7 situation.; and 35.8 (4) the public authority responsible for child support 35.9 enforcement in connection with the performance of its duties. 35.10 (b) The commissioner of public safety shall establish a 35.11 monthly network access charge to be paid by each participating 35.12 criminal justice agency. The network access charge shall be a 35.13 standard fee established for each terminal, computer, or other 35.14 equipment directly addressable by the criminal justice data 35.15 communications network, as follows: January 1, 1984 to December 35.16 31, 1984, $40 connect fee per month; January 1, 1985 and 35.17 thereafter, $50 connect fee per month. 35.18 (c) The commissioner of public safety is authorized to 35.19 arrange for the connection of the data communications network 35.20 with the criminal justice information system of the federal 35.21 government, any adjacent state, or Canada. 35.22 Sec. 36. Minnesota Statutes 1996, section 518.005, is 35.23 amended by adding a subdivision to read: 35.24 Subd. 5. [PROHIBITED DISCLOSURE.] In all proceedings under 35.25 this chapter in which public assistance is assigned under 35.26 section 256.741 or the public authority provides services to a 35.27 party or parties to the proceedings, information on the location 35.28 of one party may not be disclosed by the public authority to the 35.29 other party if: 35.30 (1) a protective order with respect to the other party has 35.31 been entered; or 35.32 (2) the public authority responsible for child support 35.33 enforcement has reason to believe that the release of the 35.34 information may result in physical or emotional harm to the 35.35 other party. 35.36 Sec. 37. Minnesota Statutes 1996, section 518.10, is 36.1 amended to read: 36.2 518.10 [REQUISITES OF PETITION.] 36.3 The petition for dissolution of marriage or legal 36.4 separation shall state and allege: 36.5 (a) The nameand, address, and social security number of 36.6 the petitioner and any prior or other name used by the 36.7 petitioner; 36.8 (b) The name and, if known, the address and social security 36.9 number of the respondent and any prior or other name used by the 36.10 respondent and known to the petitioner; 36.11 (c) The place and date of the marriage of the parties; 36.12 (d) In the case of a petition for dissolution, that either 36.13 the petitioner or the respondent or both: 36.14 (1) Has resided in this state for not less than 180 days 36.15 immediately preceding the commencement of the proceeding, or 36.16 (2) Has been a member of the armed services and has been 36.17 stationed in this state for not less than 180 days immediately 36.18 preceding the commencement of the proceeding, or 36.19 (3) Has been a domiciliary of this state for not less than 36.20 180 days immediately preceding the commencement of the 36.21 proceeding; 36.22 (e) The name at the time of the petition and any prior or 36.23 other name, age and date of birth of each living minor or 36.24 dependent child of the parties born before the marriage or born 36.25 or adopted during the marriage and a reference to, and the 36.26 expected date of birth of, a child of the parties conceived 36.27 during the marriage but not born; 36.28 (f) Whether or not a separate proceeding for dissolution, 36.29 legal separation, or custody is pending in a court in this state 36.30 or elsewhere; 36.31 (g) In the case of a petition for dissolution, that there 36.32 has been an irretrievable breakdown of the marriage 36.33 relationship; 36.34 (h) In the case of a petition for legal separation, that 36.35 there is a need for a decree of legal separation; and 36.36 (i) Any temporary or permanent maintenance, child support, 37.1 child custody, disposition of property, attorneys' fees, costs 37.2 and disbursements applied for without setting forth the amounts. 37.3 The petition shall be verified by the petitioner or 37.4 petitioners, and its allegations established by competent 37.5 evidence. 37.6 Sec. 38. Minnesota Statutes 1996, section 518.148, 37.7 subdivision 2, is amended to read: 37.8 Subd. 2. [REQUIRED INFORMATION.] The certificate shall 37.9 include the following information: 37.10 (1) the full caption and file number of the case and the 37.11 title "Certificate of Dissolution"; 37.12 (2) the names and any prior or other names of the parties 37.13 to the dissolution; 37.14 (3) the names of any living minor or dependent children as 37.15 identified in the judgment and decree; 37.16 (4) that the marriage of the parties is dissolved;and37.17 (5) the date of the judgment and decree.; and 37.18 (6) the social security number of the parties to the 37.19 dissolution and the social security number of any living minor 37.20 or dependent children identified in the judgment and decree. 37.21 Sec. 39. Minnesota Statutes 1996, section 518.171, 37.22 subdivision 1, is amended to read: 37.23 Subdivision 1. [ORDER.] Compliance with this section 37.24 constitutes compliance with a qualified medical child support 37.25 order as described in the federal Employee Retirement Income 37.26 Security Act of 1974 (ERISA) as amended by the federal Omnibus 37.27 Budget Reconciliation Act of 1993 (OBRA). 37.28 (a) Every child support order must: 37.29 (1) expressly assign or reserve the responsibility for 37.30 maintaining medical insurance for the minor children and the 37.31 division of uninsured medical and dental costs; and 37.32 (2) contain the namesand, last known addresses,if anyand 37.33 social security number of the custodial parent and noncustodial 37.34 parent, of the dependents unless the court prohibits the 37.35 inclusion of an address or social security number and orders the 37.36 custodial parent to provide the address and social security 38.1 number to the administrator of the health plan. The court shall 38.2 order the party with the better group dependent health and 38.3 dental insurance coverage or health insurance plan to name the 38.4 minor child as beneficiary on any health and dental insurance 38.5 plan that is available to the party on: 38.6 (i) a group basis; 38.7 (ii) through an employer or union; or 38.8 (iii) through a group health plan governed under the ERISA 38.9 and included within the definitions relating to health plans 38.10 found in section 62A.011, 62A.048, or 62E.06, subdivision 2. 38.11 "Health insurance" or "health insurance coverage" as used in 38.12 this section means coverage that is comparable to or better than 38.13 a number two qualified plan as defined in section 62E.06, 38.14 subdivision 2. "Health insurance" or "health insurance 38.15 coverage" as used in this section does not include medical 38.16 assistance provided under chapter 256, 256B, or 256D. 38.17 (b) If the court finds that dependent health or dental 38.18 insurance is not available to the obligor or obligee on a group 38.19 basis or through an employer or union, or that group insurance 38.20 is not accessible to the obligee, the court may require the 38.21 obligor (1) to obtain other dependent health or dental 38.22 insurance, (2) to be liable for reasonable and necessary medical 38.23 or dental expenses of the child, or (3) to pay no less than $50 38.24 per month to be applied to the medical and dental expenses of 38.25 the children or to the cost of health insurance dependent 38.26 coverage. 38.27 (c) If the court finds that the available dependent health 38.28 or dental insurance does not pay all the reasonable and 38.29 necessary medical or dental expenses of the child, including any 38.30 existing or anticipated extraordinary medical expenses, and the 38.31 court finds that the obligor has the financial ability to 38.32 contribute to the payment of these medical or dental expenses, 38.33 the court shall require the obligor to be liable for all or a 38.34 portion of the medical or dental expenses of the child not 38.35 covered by the required health or dental plan. Medical and 38.36 dental expenses include, but are not limited to, necessary 39.1 orthodontia and eye care, including prescription lenses. 39.2 (d) Unless otherwise agreed by the parties and approved by 39.3 the court, if the court finds that the obligee is not receiving 39.4 public assistance for the child and has the financial ability to 39.5 contribute to the cost of medical and dental expenses for the 39.6 child, including the cost of insurance, the court shall order 39.7 the obligee and obligor to each assume a portion of these 39.8 expenses based on their proportionate share of their total net 39.9 income as defined in section 518.54, subdivision 6. 39.10 (e) Payments ordered under this section are subject to 39.11 section 518.611. An obligee who fails to apply payments 39.12 received to the medical expenses of the dependents may be found 39.13 in contempt of this order. 39.14 Sec. 40. Minnesota Statutes 1996, section 518.171, 39.15 subdivision 4, is amended to read: 39.16 Subd. 4. [EFFECT OF ORDER.] (a) The order is binding on 39.17 the employer or union and the health and dental insurance plan 39.18 when service under subdivision 3 has been made. Receipt of an 39.19 order or notice for health insurance by an employer or union 39.20 shall operate to enroll the child in the obligor's health plan. 39.21 The obligor may contest the enrollment, but the enrollment must 39.22 remain in effect while it is in contest. An employer or union 39.23 that is included under ERISA may not deny enrollment based on 39.24 exclusionary clauses described in section 62A.048. Uponreceipt39.25of the order, or uponapplication of the obligorpursuant39.26 according to the order or notice, the employer or union and its 39.27 health and dental insurance plan shall enroll the minor child as 39.28 a beneficiary in the group insurance plan and withhold any 39.29 required premium from the obligor's income or wages. If more 39.30 than one plan is offered by the employer or union, the child 39.31 shall be enrolled in the least costly health insurance plan 39.32 otherwise available to the obligor that is comparable to a 39.33 number two qualified plan. If the obligor is not enrolled in a 39.34 health insurance plan, the employer or union shall also enroll 39.35 the obligor in the chosen plan if enrollment of the obligor is 39.36 necessary in order to obtain dependent coverage under the plan. 40.1 Enrollment of dependents and the obligor shall be immediate and 40.2 not dependent upon open enrollment periods. Enrollment is not 40.3 subject to the underwriting policies described in section 40.4 62A.048. 40.5 (b) An employer or union that willfully fails to comply 40.6 with the order is liable for any health or dental expenses 40.7 incurred by the dependents during the period of time the 40.8 dependents were eligible to be enrolled in the insurance 40.9 program, and for any other premium costs incurred because the 40.10 employer or union willfully failed to comply with the order. An 40.11 employer or union that fails to comply with the order is subject 40.12 to contempt under section 518.615 and is also subject to a fine 40.13 of $500 to be paid to the obligee or public authority. Fines 40.14 paid to the public authority are designated for child support 40.15 enforcement services. 40.16 (c) Failure of the obligor to execute any documents 40.17 necessary to enroll the dependent in the group health and dental 40.18 insurance plan will not affect the obligation of the employer or 40.19 union and group health and dental insurance plan to enroll the 40.20 dependent in a plan. Information and authorization provided by 40.21 the public authority responsible for child support enforcement, 40.22 or by the custodial parent or guardian, is valid for the 40.23 purposes of meeting enrollment requirements of the health plan. 40.24 The insurance coverage for a child eligible under subdivision 5 40.25 shall not be terminated except as authorized in subdivision 5. 40.26 Sec. 41. Minnesota Statutes 1996, section 518.54, is 40.27 amended by adding a subdivision to read: 40.28 Subd. 4a. [SUPPORT ORDER.] "Support order" means a 40.29 judgment, decree, or order, whether temporary, final, or subject 40.30 to modification, issued by a court or administrative agency of 40.31 competent jurisdiction, for the support and maintenance of a 40.32 child, including a child who has attained the age of majority 40.33 under the law of the issuing state, or a child and the parent 40.34 with whom the child is living, that provides for monetary 40.35 support, child care, medical support including expenses for 40.36 confinement and pregnancy, arrearages, or reimbursement, and 41.1 which may include related costs and fees, interest and 41.2 penalties, income withholding, attorney's fees, and other relief. 41.3 This definition applies to orders issued under this chapter and 41.4 chapters 256, 257, and 518C. 41.5 Sec. 42. Minnesota Statutes 1996, section 518.54, 41.6 subdivision 6, is amended to read: 41.7 Subd. 6. [INCOME.] (a) "Income" means any form of periodic 41.8 payment to an individual including, but not limited to, wages, 41.9 salaries, payments to an independent contractor, workers' 41.10 compensation, reemployment insurance, annuity, military and 41.11 naval retirement, pension and disability payments. Benefits 41.12 received undersections 256.72 to 256.87 and chapter 256DTitle 41.13 IV-A of the Social Security Act are not income under this 41.14 section. 41.15 (b) Income also includes other resources of an individual 41.16 including, but not limited to, nonperiodic distributions of 41.17 workers' compensation claims, reemployment claims, personal 41.18 injury recoveries, severance pay, bonuses, and lottery or 41.19 gambling winnings. 41.20 Sec. 43. Minnesota Statutes 1996, section 518.551, 41.21 subdivision 12, is amended to read: 41.22 Subd. 12. [OCCUPATIONAL LICENSE SUSPENSION.] (a) Upon 41.23 motion of an obligee, if the court finds that the obligor is or 41.24 may be licensed by a licensing board listed in section 214.01 or 41.25 other state, county, or municipal agency or board that issues an 41.26 occupational license and the obligor is in arrears in 41.27 court-ordered child support or maintenance payments or both in 41.28 an amount equal to or greater than three times the obligor's 41.29 total monthly support and maintenance payments and is not in 41.30 compliance with a written payment agreement regarding both 41.31 current support and arrearages approved by the court, an 41.32 administrative law judge, or the public authority, the 41.33 administrative law judge, or the court shall direct the 41.34 licensing board or other licensing agency to suspend the license 41.35 under section 214.101. The court's order must be stayed for 90 41.36 days in order to allow the obligor to execute a written payment 42.1 agreement regarding both current support and arrearages. The 42.2 payment agreement must be approved by either the court or the 42.3 public authority responsible for child support enforcement. If 42.4 the obligor has not executed or is not in compliance with a 42.5 written payment agreement regarding both current support and 42.6 arrearages after the 90 days expires, the court's order becomes 42.7 effective. If the obligor is a licensed attorney, the court 42.8 shall report the matter to the lawyers professional 42.9 responsibility board for appropriate action in accordance with 42.10 the rules of professional conduct. The remedy under this 42.11 subdivision is in addition to any other enforcement remedy 42.12 available to the court. 42.13 (b) If a public authority responsible for child support 42.14 enforcement finds that the obligor is or may be licensed by a 42.15 licensing board listed in section 214.01 or other state, county, 42.16 or municipal agency or board that issues an occupational license 42.17 and the obligor is in arrears in court-ordered child support or 42.18 maintenance payments or both in an amount equal to or greater 42.19 than three times the obligor's total monthly support and 42.20 maintenance payments and is not in compliance with a written 42.21 payment agreement regarding both current support and arrearages 42.22 approved by the court, an administrative law judge, or the 42.23 public authority, the court, an administrative law judge, or the 42.24 public authority shall direct the licensing board or other 42.25 licensing agency to suspend the license under section 214.101. 42.26 If the obligor is a licensed attorney, the public authority may 42.27 report the matter to the lawyers professional responsibility 42.28 board for appropriate action in accordance with the rules of 42.29 professional conduct. The remedy under this subdivision is in 42.30 addition to any other enforcement remedy available to the public 42.31 authority. 42.32 (c) At least 90 days before notifying a licensing authority 42.33 or the lawyers professional responsibility board under paragraph 42.34 (b), the public authority shall mail a written notice to the 42.35 license holder addressed to the license holder's last known 42.36 address that the public authority intends to seek license 43.1 suspension under this subdivision and that the license holder 43.2 must request a hearing within 30 days in order to contest the 43.3 suspension. If the license holder makes a written request for a 43.4 hearing within 30 days of the date of the notice, either a court 43.5 hearing or a contested administrative proceeding must be held 43.6 under section 518.5511, subdivision 4. Notwithstanding any law 43.7 to the contrary, the license holder must be served with 14 days' 43.8 notice in writing specifying the time and place of the hearing 43.9 and the allegations against the license holder. The notice may 43.10 be served personally or by mail. If the public authority does 43.11 not receive a request for a hearing within 30 days of the date 43.12 of the notice, and the obligor does not execute a written 43.13 payment agreement regarding both current support and arrearages 43.14 approved by thecourt, an administrative law judge or thepublic 43.15 authority within 90 days of the date of the notice, the public 43.16 authority shall direct the licensing board or other licensing 43.17 agency to suspend the obligor's license under paragraph (b), or 43.18 shall report the matter to the lawyers professional 43.19 responsibility board. 43.20 (d) The administrative law judge, on behalf of the public 43.21 authority, or the court shall notify the lawyers professional 43.22 responsibility board for appropriate action in accordance with 43.23 the rules of professional responsibility conduct or order the 43.24 licensing board or licensing agency to suspend the license if 43.25 the judge finds that: 43.26 (1) the person is licensed by a licensing board or other 43.27 state agency that issues an occupational license; 43.28 (2) the person has not made full payment of arrearages 43.29 found to be due by the public authority; and 43.30 (3) the person has not executed or is not in compliance 43.31 with a payment plan approved by the court, an administrative law 43.32 judge, or the public authority. 43.33 (e) Within 15 days of the date on which the obligor either 43.34 makes full payment of arrearages found to be due by the court or 43.35 public authority or executes and initiates good faith compliance 43.36 with a written payment plan approved by the court, an 44.1 administrative law judge, or the public authority, the court, an 44.2 administrative law judge, or the public authority responsible 44.3 for child support enforcement shall notify the licensing board 44.4 or licensing agency or the lawyers professional responsibility 44.5 board that the obligor is no longer ineligible for license 44.6 issuance, reinstatement, or renewal under this subdivision. 44.7 (f) In addition to the criteria established under this 44.8 section for the suspension of an obligor's occupational license, 44.9 a court, an administrative law judge, or the public authority 44.10 may direct the licensing board or other licensing agency to 44.11 suspend the license of an obligor who has failed, after 44.12 receiving notice, to comply with a subpoena or warrant relating 44.13 to a paternity or child support proceeding. 44.14 (g) The court, an administrative law judge, or the public 44.15 authority may direct the occupational licensing board or agency 44.16 to suspend the license of an obligor who fails to remain in 44.17 compliance with an approved payment agreement. Notice to the 44.18 obligor of an intent to suspend under this paragraph shall be 44.19 served by first class mail at the obligor's last known address 44.20 and shall include a notice of hearing. The notice shall be 44.21 served upon the obligor not less than ten days before the date 44.22 of the hearing. If the court, an administrative law judge, or 44.23 the public authority determines that the obligor has failed to 44.24 comply with the approved payment agreement, it shall notify the 44.25 occupational licensing board or agency to suspend the obligor's 44.26 license under paragraph (c). 44.27 Sec. 44. Minnesota Statutes 1996, section 518.551, 44.28 subdivision 13, is amended to read: 44.29 Subd. 13. [DRIVER'S LICENSE SUSPENSION.] (a) Upon motion 44.30 of an obligee, which has been properly served on the obligor and 44.31 upon which there has been an opportunity for hearing, if a court 44.32 finds that the obligor has been or may be issued a driver's 44.33 license by the commissioner of public safety and the obligor is 44.34 in arrears in court-ordered child support or maintenance 44.35 payments, or both, in an amount equal to or greater than three 44.36 times the obligor's total monthly support and maintenance 45.1 payments and is not in compliance with a written payment 45.2 agreement regarding both current support and arrearages approved 45.3 by the court, an administrative law judge, or the public 45.4 authority, the court shall order the commissioner of public 45.5 safety to suspend the obligor's driver's license. The court's 45.6 order must be stayed for 90 days in order to allow the obligor 45.7 to execute a written payment agreement regarding both current 45.8 support and arrearages, which payment agreement must be approved 45.9 by either the court or the public authority responsible for 45.10 child support enforcement. If the obligor has not executed or 45.11 is not in compliance with a written payment agreement regarding 45.12 both current support and arrearages after the 90 days expires, 45.13 the court's order becomes effective and the commissioner of 45.14 public safety shall suspend the obligor's driver's license. The 45.15 remedy under this subdivision is in addition to any other 45.16 enforcement remedy available to the court. An obligee may not 45.17 bring a motion under this paragraph within 12 months of a denial 45.18 of a previous motion under this paragraph. 45.19 (b) If a public authority responsible for child support 45.20 enforcement determines that the obligor has been or may be 45.21 issued a driver's license by the commissioner of public safety 45.22 and the obligor is in arrears in court-ordered child support or 45.23 maintenance payments or both in an amount equal to or greater 45.24 than three times the obligor's total monthly support and 45.25 maintenance payments and not in compliance with a written 45.26 payment agreement regarding both current support and arrearages 45.27 approved by the court, an administrative law judge, or the 45.28 public authority, the public authority shall direct the 45.29 commissioner of public safety to suspend the obligor's driver's 45.30 license. The remedy under this subdivision is in addition to 45.31 any other enforcement remedy available to the public authority. 45.32 (c) At least 90 days prior to notifying the commissioner of 45.33 public safetypursuantaccording to paragraph (b), the public 45.34 authority must mail a written notice to the obligor at the 45.35 obligor's last known address, that it intends to seek suspension 45.36 of the obligor's driver's license and that the obligor must 46.1 request a hearing within 30 days in order to contest the 46.2 suspension. If the obligor makes a written request for a 46.3 hearing within 30 days of the date of the notice, either a court 46.4 hearing or a contested administrative proceeding must be held 46.5 under section 518.5511, subdivision 4. Notwithstanding any law 46.6 to the contrary, the obligor must be served with 14 days' notice 46.7 in writing specifying the time and place of the hearing and the 46.8 allegations against the obligor. The notice may be served 46.9 personally or by mail. If the public authority does not receive 46.10 a request for a hearing within 30 days of the date of the 46.11 notice, and the obligor does not execute a written payment 46.12 agreement regarding both current support and arrearages approved 46.13 bythe court, an administrative law judge, orthe public 46.14 authority within 90 days of the date of the notice, the public 46.15 authority shall direct the commissioner of public safety to 46.16 suspend the obligor's driver's license under paragraph (b). 46.17 (d) At a hearing requested by the obligor under paragraph 46.18 (c), and on finding that the obligor is in arrears in 46.19 court-ordered child support or maintenance payments or both in 46.20 an amount equal to or greater than three times the obligor's 46.21 total monthly support and maintenance payments, the district 46.22 court or the administrative law judge shall order the 46.23 commissioner of public safety to suspend the obligor's driver's 46.24 license or operating privileges unless the court or 46.25 administrative law judge determines that the obligor has 46.26 executed and is in compliance with a written payment agreement 46.27 regarding both current support and arrearages approved by the 46.28 court, an administrative law judge, or the public authority. 46.29 (e) An obligor whose driver's license or operating 46.30 privileges are suspended may provide proof to the court or the 46.31 public authority responsible for child support enforcement that 46.32 the obligor is in compliance with all written payment agreements 46.33 regarding both current support and arrearages. Within 15 days 46.34 of the receipt of that proof, the court or public authority 46.35 shall inform the commissioner of public safety that the 46.36 obligor's driver's license or operating privileges should no 47.1 longer be suspended. 47.2 (f) On January 15, 1997, and every two years after that, 47.3 the commissioner of human services shall submit a report to the 47.4 legislature that identifies the following information relevant 47.5 to the implementation of this section: 47.6 (1) the number of child support obligors notified of an 47.7 intent to suspend a driver's license; 47.8 (2) the amount collected in payments from the child support 47.9 obligors notified of an intent to suspend a driver's license; 47.10 (3) the number of cases paid in full and payment agreements 47.11 executed in response to notification of an intent to suspend a 47.12 driver's license; 47.13 (4) the number of cases in which there has been 47.14 notification and no payments or payment agreements; 47.15 (5) the number of driver's licenses suspended; and 47.16 (6) the cost of implementation and operation of the 47.17 requirements of this section. 47.18 (g) In addition to the criteria established under this 47.19 section for the suspension of an obligor's driver's license, a 47.20 court, an administrative law judge, or the public authority may 47.21 direct the commissioner of public safety to suspend the license 47.22 of an obligor who has failed, after receiving notice, to comply 47.23 with a subpoena or warrant relating to a paternity or child 47.24 support proceeding. 47.25 (h) The court, an administrative law judge, or the public 47.26 authority may direct the department of public safety to suspend 47.27 the license of an obligor who fails to remain in compliance with 47.28 an approved payment agreement. Notice to the obligor of an 47.29 intent to suspend under this paragraph shall be served by first 47.30 class mail at the obligor's last known address and shall include 47.31 a notice of hearing. The notice shall be served upon the 47.32 obligor not less than ten days before the date of the hearing. 47.33 If the court, an administrative law judge, or the public 47.34 authority determines that the obligor has failed to comply with 47.35 the approved payment agreement, it shall notify the department 47.36 of public safety to suspend the obligor's license under 48.1 paragraph (c). 48.2 Sec. 45. Minnesota Statutes 1996, section 518.5511, 48.3 subdivision 1, is amended to read: 48.4 Subdivision 1. [GENERAL.] (a) An administrative process is 48.5 established to obtain, modify, and enforce child and medical 48.6 support orders and parentage orders and modify maintenance if 48.7 combined with a child support proceeding. All laws governing 48.8 these actions apply insofar as they are not inconsistent with 48.9 the provisions of this section and section 518.5512. Wherever 48.10 other laws or rules are inconsistent with this section and 48.11 section 518.5512, the provisions in this section and section 48.12 518.5512 shall apply. 48.13 (b) All proceedings for obtaining, modifying, or enforcing 48.14 child and medical support orders and modifying maintenance 48.15 orders if combined with a child support proceeding, are required 48.16 to be conducted in the administrative process when public 48.17 assistance as defined in section 256.741 is being provided or 48.18 when the public authorityis a party orprovides services to a 48.19 party or parties to the proceedings. Cases in which there is no 48.20 assignment of assistance or in which the public authority is not 48.21 providing services may not be conducted in the administrative 48.22 process. At county option, the administrative process may 48.23 include contempt motions or actions to establish parentage. 48.24 Nothing contained herein shall prevent a party, upon timely 48.25 notice to the public authority, from commencing an action or 48.26 bringing a motion for the establishment, modification, or 48.27 enforcement of child support or modification of maintenance 48.28 orders if combined with a child support proceeding in district 48.29 court, if additional issues involving domestic abuse, 48.30 establishment or modification of custody or visitation, property 48.31 issues, or other issues outside the jurisdiction of the 48.32 administrative process, are part of the motion or action, or 48.33 from proceeding with a motion or action brought by another party 48.34 containing one or more of these issues if it is pending in 48.35 district court. 48.36 (c) A party may make a written request to the public 49.1 authority to initiate an uncontested administrative proceeding. 49.2 If the public authority denies the request, the public authority 49.3 shall issue a summary notice which denies the request for 49.4 relief, states the reasons for the denial, and notifies the 49.5 party of the right to commence an action for relief. If the 49.6 party commences an action or serves and files a motion within 30 49.7 days after the public authority's denial and the party's action 49.8 results in a modification of a child support order, the 49.9 modification may be retroactive to the date the written request 49.10 was received by the public authority. 49.11 As used in this section and section 518.5512, parties 49.12 includes obligees and obligors as defined under section 518.54, 49.13 subdivisions 7 and 8. Obligees include recipients of public 49.14 assistance who have assigned their rights to support under 49.15 section 256.741, subdivision 1. 49.16 (d)After August 1, 1994, all counties shall participate in49.17the administrative process established in this section in49.18accordance with a statewide implementation plan to be set forth49.19by the commissioner of human services. No county shall be49.20required to participate in the administrative process until49.21after the county has been trained. The implementation plan49.22shall include provisions for training the counties by region no49.23later than July 1, 1995.The public authority may initiate 49.24 actions in the administrative process. 49.25 (e) For the purpose of the administrative process, all 49.26 powers, duties, and responsibilities conferred on judges of 49.27 district court to obtain and enforce child and medical support 49.28 and parentage and maintenance obligations, subject to the 49.29 limitations of this section are conferred on administrative law 49.30 judges, including the power to issue subpoenas, orders to show 49.31 cause, and bench warrants for failure to appear. 49.32 The administrative law judge has the authority to enter 49.33 parentage orders in which the custody and visitation provisions 49.34 are uncontested. 49.35 (f) Nonattorney employees of the public authority 49.36 responsible for child support may prepare, sign, serve, and file 50.1 complaints, motions, notices, summary notices, proposed orders, 50.2 default orders, consent orders, orders for blood or genetic 50.3 tests, orders for nondisclosure, and other documents related to 50.4 the administrative process for obtaining, modifying, or 50.5 enforcing child and medical support orders, orders establishing 50.6 paternity, and related documents, and orders to modify 50.7 maintenance if combined with a child support order. The 50.8 nonattorney employee may issue administrative subpoenas, conduct 50.9 prehearing conferences, and participate in proceedings before an 50.10 administrative law judge. This activity shall not be considered 50.11 to be the unauthorized practice of law. Nonattorney employees 50.12 may not represent the interests of any party other than the 50.13 public authority, and may not give legal advice. The 50.14 nonattorney employees may act subject to the limitations of 50.15 section 518.5512. 50.16 (g) After the commencement of the administrative process, 50.17 any party may make a written request to the chief administrative 50.18 law judge for the attendance of a witness or the production of 50.19 books, papers, records, or other documents relevant to the 50.20 administrative process. Subpoenas shall be enforceable through 50.21 the district court. The public authority may also request a 50.22 subpoena from the chief administrative law judge for the 50.23 production of a witness. The nonattorney employee of the public 50.24 authority may issue subpoenas subject to the limitations in 50.25 section 518.5512, subdivision 6, paragraph (a), clause (1). 50.26 (h) At all stages of the administrative process, the county 50.27 attorney, or other attorney under contract, shall act as the 50.28 legal adviser for the public authority, but shall not play an 50.29 active role in the review of information, the preparation of 50.30 default and consent orders, and the contested administrative 50.31 proceedings unless the nonattorney employee of the public 50.32 authority requests the appearance of the county attorney. 50.33 (i) The commissioner of human services shall: 50.34 (1) provide training to child support officers and other 50.35 persons involved in the administrative process; 50.36 (2) prepare simple and easy to understand forms for all 51.1 notices and orders prescribed in this section, including a 51.2 support order worksheet form, with the exception of orders 51.3 issued by the office of administrative hearings under 51.4 subdivision 4; and 51.5 (3) distribute money to cover the costs of the 51.6 administrative process, including the salaries of administrative 51.7 law judges. If available appropriations are insufficient to 51.8 cover the costs, the commissioner shall prorate the amount among 51.9 the counties. 51.10 (j) The commissioner of human services, in consultation 51.11 with the office of administrative hearings, shall be responsible 51.12 for the supervision of the administrative process. 51.13 (k) The public authority, the office of administrative 51.14 hearings, court administrators, and other entities involved in 51.15 the administrative process shall use the forms prepared by the 51.16 commissioner. 51.17 (l) The office of administrative hearings may reject orders 51.18 which have not been prepared using the commissioner's forms or 51.19 on forms which have not been approved by the commissioner. 51.20 (m) The office of administrative hearings shall be 51.21 responsible for training and monitoring the performance of 51.22 administrative law judges, maintaining records of proceedings, 51.23 providing transcripts upon request, and maintaining the 51.24 integrity of the district court file. 51.25 Sec. 46. Minnesota Statutes 1996, section 518.5511, 51.26 subdivision 2, is amended to read: 51.27 Subd. 2. [UNCONTESTED ADMINISTRATIVE PROCEEDING.] (a)A51.28party may petition the chief administrative law judge, the chief51.29district court judge, or the chief family court referee to51.30proceed immediately to a contested hearing upon good cause shown.51.31(b) The public authority shall give the parties written51.32notice requesting the submission of information necessary for51.33the public authority to prepare a proposed order. The written51.34notice shall be sent by first class mail to the parties' last51.35known addresses. The written notice shall describe the51.36information requested, state the purpose of the request, state52.1the date by which the information must be postmarked or received52.2(which shall be at least 30 days from the date of the mailing of52.3the written notice), state that if the information is not52.4postmarked or received by that date, the public authority will52.5prepare a proposed order on the basis of the information52.6available, and identify the type of information which will be52.7considered.52.8(c)Followingthe submission of information or following52.9the date when the information was duethe initiation of the 52.10 administrative process under subdivision 1, paragraph (c) or 52.11 (d), the public authority shall, on the basis of all information 52.12 available, complete and sign a proposed order and notice. The 52.13 public authority shall attach a support order worksheet. In 52.14 preparing the proposed order, the public authority will 52.15 establish child support in the highest amount permitted under 52.16 section 518.551, subdivision 5. The proposed order shall 52.17 include written findings in accordance with section 518.551, 52.18 subdivision 5, clauses (i) and (j). If the public authority has 52.19 incomplete information upon which to prepare a proposed order, 52.20 the public authority shall use the default standard established 52.21 in section 518.5512, subdivision 5, to prepare the proposed 52.22 order. The notice shall state that the proposed order will be 52.23 entered as a final and binding default order unless one of the 52.24 partiesrequests a conference under subdivision 3contacts the 52.25 public authority regarding the proposed order within2130 days 52.26 following the date of service of the proposed order.The method52.27for requesting the conference shall be stated in the notice.52.28 The notice and proposed order shall be served under the rules of 52.29 civil procedure on the noninitiating party and by first class 52.30 mail on the initiating party. If the action was initiated by 52.31 the public authority, the notice and proposed order shall be 52.32 served under the rules of civil procedure. After receipt of the 52.33 notice and proposed order, the court administrator shall file 52.34 the documents. 52.35 For the purposes of thecontested hearingadministrative 52.36 process, and notwithstanding any law or rule to the contrary, 53.1 the service of the proposed orderpursuant tounder this 53.2 paragraph shall be deemed to have commenced a proceeding and the 53.3 judge, including an administrative law judge or a referee,shall 53.4 have jurisdiction overthea contestedhearingadministrative 53.5 proceeding. 53.6(d)(b) Ifa conference under subdivision 3 is not53.7requestedthe public authority is not contacted by a party 53.8 within2130 days after the date of service of the proposed 53.9 order, the public authority may submit the proposed order as the 53.10 default order. The default order becomes enforceable upon 53.11 signature by an administrative law judge, district court judge, 53.12 or referee.The public authority may also prepare and serve a53.13new notice and proposed order if new information is subsequently53.14obtained.The default order shall be a final order, and shall 53.15 be served under the rules of civil procedure. 53.16 (c) If the public authority obtains new information after 53.17 service of the proposed order, the public authority may prepare 53.18 one notice and revised proposed order. The revised order shall 53.19 be served by first class mail on the parties. If the public 53.20 authority is not contacted within seven days after the date of 53.21 service of the revised order, the public authority may submit 53.22 the revised order as a default order. 53.23(e)(d) The public authority shall file in the district 53.24 court copies of all notices served on the parties, proof of 53.25 service, the support order worksheet, and all orders. 53.26 Sec. 47. Minnesota Statutes 1996, section 518.5511, 53.27 subdivision 3, is amended to read: 53.28 Subd. 3. [ADMINISTRATIVE CONFERENCE.] (a) If a party 53.29requests a conferencecontacts the public authority within2130 53.30 days of the date of service of the proposed order, and the 53.31 public authority does not choose to proceed directly to a 53.32 contested administrative proceeding, the public authority shall 53.33 schedule a conference, and shall serve written notice of the 53.34 date, time, and place of the conference and the date, time, and 53.35 place of a contested administrative proceeding in the event the 53.36 administrative conference fails to resolve all of the issues on 54.1 the parties. The public authority may request any additional 54.2 information necessary to establish child support. The public 54.3 authority may choose to go directly to a contested 54.4 administrative proceeding and is not required to conduct an 54.5 administrative conference. The date of the contested 54.6 administrative proceeding shall be set within 31 days of the 54.7 administrative conference or not more than 60 days from the date 54.8 of the notice of the administrative conference. 54.9 (b) The purpose of the conference is to review all 54.10 available information and seek an agreement toentera consent 54.11 order. All available and relevant information may be shared 54.12 with the parties at the conference. The notice shall state the 54.13 purpose of the conference, and that the proposed order will be 54.14 entered as a final and binding default order ifthe requesting54.15party failsboth parties fail to appear at the conference. The 54.16 notice shall also state that if only one party appears at the 54.17 conference and there is no new information provided, the matter 54.18 shall proceed by default. The notice shall be served on the 54.19 parties by first class mail at their last known addresses, and 54.20 the method of service shall be documented in the public 54.21 authority file. 54.22 (c) A party alleging domestic abuse by the other party 54.23 shall not be required to participate in a conference. In such a 54.24 case, the public authority shall meet separately with the 54.25 parties in order to determine whether an agreement can be 54.26 reached. 54.27 (d) If both parties appear at the conference and agree to 54.28 all issues, and the public authority approves the agreement, the 54.29 public authority shall prepare a consent order which the parties 54.30 and the public authority sign. The public authority shall 54.31 submit the consent order to the administrative law judge or 54.32 district court judge for signature. Upon signature, the order 54.33 shall be a final order and shall be served on the parties by 54.34 first class mail. 54.35(d) If the party requesting the conference does not appear54.36and fails to provide a written excuse (with supporting55.1documentation if relevant) to the public authority within seven55.2days after the date of the conference which constitutes good55.3cause(e) If a party does not appear at the conference, the 55.4 matter shall proceed directly to the contested administrative 55.5 proceeding which has been scheduled. If both of the parties 55.6 fail to appear at the conference, the public authority mayenter55.7 submit a default order through the uncontested administrative 55.8 process.The public authority shall not enter the default order55.9until at least seven days after the date of the conference.55.10For purposes of this section, misrepresentation, excusable55.11neglect, or circumstances beyond the control of the person who55.12requested the conference which prevented the person's appearance55.13at the conference constitutes good cause for failure to appear.55.14If the public authority finds good cause, the conference shall55.15be rescheduled by the public authority and the public authority55.16shall send notice as required under this subdivision.The 55.17 public authority shall strike the contested administrative 55.18 proceeding from the court calendar and notify the parties in 55.19 writing. 55.20(e)(f) If the parties appear at the conference, the public55.21authority shall seekand do not reach agreementof the parties55.22 to the entry of a consent orderwhich establishes child support55.23in accordance with applicable law., the public authority shall 55.24 advise the parties thatif a consent order is not entered,the 55.25 matterwill beremains scheduled for ahearing before an55.26administrative law judge, or a district court judge or55.27refereecontested administrative proceeding, and that the public 55.28 authority will seek the establishment of child support at 55.29 thehearingproceeding in accordance with the highest amount 55.30 permitted undersectionsections 518.551, subdivision 5. If an55.31agreement to enter the consent order is not reached at the55.32conference, the public authority shall schedule the matter for a55.33contested hearing, and 518.5512, subdivision 5. 55.34(f) If an agreement is reached by the parties at the55.35conference, a consent order shall be prepared by the public55.36authority, and shall be signed by the parties. All consent and56.1default orders shall be signed by the nonattorney employee of56.2the public authority and shall be submitted to an administrative56.3law judge or the district court for approval and signature. The56.4order is enforceable upon the signature by the administrative56.5law judge or the district court. The consent order shall be56.6served on the parties under the rules of civil procedure.56.7 Sec. 48. Minnesota Statutes 1996, section 518.5511, is 56.8 amended by adding a subdivision to read: 56.9 Subd. 3a. [ALTERNATIVE ADMINISTRATIVE RESOLUTIONS.] (a)(1) 56.10 Any party may proceed immediately to a contested administrative 56.11 proceeding under subdivision 4 by making a written request to 56.12 the public authority. The request must be on a form prepared by 56.13 the commissioner of human services. 56.14 (2) The public authority may also proceed directly to a 56.15 contested administrative proceeding. 56.16 (3) The public authority shall schedule the contested 56.17 administrative proceeding and give the parties a written notice 56.18 regarding the contested administrative proceeding. The notice 56.19 shall be served according to the rules of civil procedure on the 56.20 parties and filed with the court. After receipt of the notice 56.21 of the contested administrative proceeding, the court 56.22 administrator shall file the documents. The notice shall 56.23 contain: 56.24 (i) the date, time, and place of the contested 56.25 administrative proceeding; 56.26 (ii) a description of the action proposed; 56.27 (iii) a statement of the issues to be determined; 56.28 (iv) notification of the right of the parties to be 56.29 represented by an attorney or by the parties; 56.30 (v) a citation to this section and section 518.5512; 56.31 (vi) a brief description of the procedure to be followed at 56.32 the contested administrative proceeding; 56.33 (vii) a statement advising the parties that certain 56.34 information, as determined by the public authority, must be 56.35 submitted and the date by which the information must be 56.36 postmarked or received by the court. The requested information 57.1 must be filed with the court and served on the public authority 57.2 not less than 14 days prior to the contested administrative 57.3 proceeding; 57.4 (viii) a statement advising the parties that failure to 57.5 appear at the contested administrative proceeding may result in 57.6 the entry of a default order; and 57.7 (ix) a separate support order worksheet. 57.8 (b) At any time in the administrative process, including 57.9 prior to the issuance of the proposed order, if the parties and 57.10 the public authority are in agreement, the public authority 57.11 shall prepare a consent order to be signed by the public 57.12 authority and the parties. The parties shall waive any of their 57.13 rights to the notices and time frames required by this section. 57.14 The public authority shall submit the order to the 57.15 administrative law judge or district court judge for signature. 57.16 Upon signature by the court, the order shall be a final order, 57.17 shall be filed with the court administrator, and shall be served 57.18 by first class mail on the parties. 57.19 Sec. 49. Minnesota Statutes 1996, section 518.5511, 57.20 subdivision 4, is amended to read: 57.21 Subd. 4. [CONTESTED ADMINISTRATIVE PROCEEDING.] (a) All 57.22 counties shall participate in the contested administrative 57.23 process established in this section as designated in a statewide 57.24 implementation plan to be set forth by the commissioner of human 57.25 services. No county shall be required to participate in the 57.26 contested administrative process until after the county has been 57.27 trained. The contested administrative process shall be in 57.28 operation in all counties no later than July 1, 1998, with the57.29exception of Hennepin county which shall have a pilot program in57.30operation no later than July 1, 1996. 57.31The Hennepin county pilot program shall be jointly planned,57.32implemented, and evaluated by the department of human services,57.33the office of administrative hearings, the fourth judicial57.34district court, and Hennepin county. The pilot program shall57.35provide that one-half of the case load use the contested57.36administrative process. The pilot program shall include an58.1evaluation which shall be conducted after one year of program58.2operation. A preliminary evaluation report shall be submitted58.3by the commissioner to the legislature by March 1, 1997. A58.4final evaluation report shall be submitted by the commissioner58.5to the legislature by January 15, 1998. The pilot program shall58.6continue pending final decision by the legislature, or until the58.7commissioner determines that the pilot program shall discontinue58.8and that Hennepin county shall not participate in the contested58.9administrative process.58.10 In counties designated by the commissioner, contested 58.11hearingsadministrative proceedings required under this section 58.12 shall be scheduled before administrative law judges, and shall 58.13 be conducted in accordance with the provisions under this 58.14 section. In counties not designated by the commissioner, 58.15 contestedhearingsadministrative proceedings shall be conducted 58.16 in district court in accordance with the rules of civil 58.17 procedure and the rules of family court. The district court 58.18 shall not conduct administrative proceedings in counties 58.19 designated by the commissioner. 58.20 (b) An administrative law judge may conducthearings58.21 administrative proceedings and approve a stipulation reached on 58.22 a contempt motion brought by the public authority. Any 58.23 stipulation that involves a finding of contempt and a jail 58.24 sentence, whether stayed or imposed, shall require the review 58.25 and signature of a district court judge. 58.26 (c) A party, witness, or attorney may appear or testify by 58.27 telephone, audiovisual means, or other electronic means, at the 58.28 discretion of the administrative law judge. 58.29 (d) Before implementing the process in a county, the chief 58.30 administrative law judge, the commissioner of human services, 58.31 the director of the county human services agency, the county 58.32 attorney, the county court administrator, and the county sheriff 58.33 shall jointly establish procedures, and the county shall provide 58.34 hearing facilities for implementing this process in the county. 58.35 A contested administrativehearingproceeding shall be conducted 58.36 in a courtroom, if one is available, or a conference or meeting 59.1 room with at least two exits and of sufficient size to permit 59.2 adequate physical separation of the parties. The court 59.3 administrator shall, to the extent practical, provide 59.4 administrative support for the contestedhearingadministrative 59.5 proceeding. Security personnel shall either be present during 59.6 the administrativehearingsproceedings, or be available to 59.7 respond to a request for emergency assistance. 59.8 (e) The contested administrative hearings shall be 59.9 conducted under the rules of the office of administrative 59.10 hearings, Minnesota Rules, parts 1400.5275, 1400.5500, 1400.6000 59.11 to 1400.6400, 1400.6600 to 1400.7000, 1400.7100 to 1400.7500, 59.12 1400.7700, 1400.7800, and 1400.8100, as adopted by the chief 59.13 administrative law judge. For matters not initiated under 59.14 subdivision 2, documents from the moving party shall be served 59.15 and filed at least2114 days prior to the hearing and the 59.16 opposing party shall serve and file documents raising new issues 59.17 at least ten days prior to the hearing. In all contested 59.18 administrative proceedings, the administrative law judge may 59.19 limit the extent and timing of discovery. Except as provided 59.20 under this section, other aspects of the case, including, but 59.21 not limited to, discovery, shall be conducted under the rules of 59.22 family court, the rules of civil procedure, and chapter 518. 59.23 (f)PursuantAccording to a contested administrative 59.24 hearing, the administrative law judge shall make findings of 59.25 fact, conclusions, and a final decision and issue an order. 59.26 Orders issued by an administrative law judge may be enforceable 59.27 by the contempt powers of the district courts. 59.28 (g) At the time the matter is scheduled for a contested 59.29hearingadministrative proceeding, the public authority shall 59.30 file in the district court copies of all relevant documents sent 59.31 to or received from the parties, in addition totheany 59.32 documents filed under subdivision 2, paragraph(e)(d). These 59.33 documents may be used as evidence by the judge in deciding the 59.34 case without need for further foundation testimony. For matters 59.35 scheduled for a contestedhearingadministrative proceeding 59.36 which were not initiated under subdivision 2, the public 60.1 authority shall obtain any income information available to the 60.2 public authority through the department of economic security and 60.3 serve this information on all parties and file the information 60.4 with the court at least five days prior to the hearing. 60.5 (h) When only one party appears at the contested 60.6 administrative proceeding, a hearing shall be conducted. The 60.7 administrative law judge or district court judge shall prepare 60.8 an order and file it with the district court. The court shall 60.9 serve the order on the parties by first class mail at the last 60.10 known address and shall provide a copy of the order to the 60.11 public authority. 60.12 (i) If neither party appears at the contested 60.13 administrative proceeding and no new information has been 60.14 submitted or made available to the court or public authority, 60.15 the hearing shall be struck from the court calendar and a 60.16 default order shall be prepared by the public authority. The 60.17 public authority shall submit the order to the administrative 60.18 law judge, district court judge, or referee for signature. If 60.19 neither party appears and new information is available to the 60.20 court or public authority, the administrative law judge or 60.21 district court judge shall prepare an order based on the new 60.22 information. The court shall serve the order on the parties by 60.23 first class mail at the last known address and shall provide a 60.24 copy of the order to the public authority. 60.25 (j) The decision and order of the administrative law judge 60.26 is appealable to the court of appeals in the same manner as a 60.27 decision of the district court. 60.28 Sec. 50. Minnesota Statutes 1996, section 518.5512, 60.29 subdivision 2, is amended to read: 60.30 Subd. 2. [PATERNITY.] (a) After service of the notice and 60.31 proposed order, a nonattorney employee of the public authority 60.32 mayrequest an administrative law judge or the district court to60.33 order the child, mother, or alleged father to submit to blood or 60.34 genetic tests.The order is effective when signed by an60.35administrative law judge or the district court.Failure to 60.36 comply with the order for blood or genetic tests may result in a 61.1 default determination of parentage. 61.2 (b) If parentage is contested at the administrativehearing61.3 proceeding, the administrative law judge may order temporary 61.4 child support under section 257.62, subdivision 5, and shall 61.5 refer the case to the district court. The district court shall 61.6 have the authority to decide the case based on the 61.7 administrative process documents and shall not require the 61.8 issuance of any alternate pleadings. 61.9 (c) The district court may appoint counsel for an indigent 61.10 alleged father only after the return of the blood or genetic 61.11 test results from the testing laboratory. 61.12 Sec. 51. Minnesota Statutes 1996, section 518.5512, 61.13 subdivision 3, is amended to read: 61.14 Subd. 3. [COST-OF-LIVING ADJUSTMENT.] The notice of 61.15 application for adjustment shall be treated as a proposed order 61.16 under section 518.5511, subdivision 2, paragraph (c). The 61.17 public authority shall stay the adjustment of support upon 61.18 receipt of a requestfor an administrative conferenceto proceed 61.19 immediately to a contested administrative proceeding under 61.20 section 518.5511, subdivision 3a. An obligor requestingan61.21administrative conferenceto proceed immediately to a contested 61.22 administrative proceeding shall provide all relevant information 61.23 that establishes an insufficient increase in income to justify 61.24 the adjustment of the support obligation. If the obligor fails 61.25 to submit any evidence at the contested administrative 61.26conferenceproceeding, the cost-of-living adjustment will 61.27 immediately go into effect. 61.28 Sec. 52. Minnesota Statutes 1996, section 518.5512, is 61.29 amended by adding a subdivision to read: 61.30 Subd. 5. [DEFAULT STANDARD.] (a) If it is not possible to 61.31 determine or estimate the earning ability of an obligor and the 61.32 obligor has failed to provide information to the court and 61.33 public authority, then: 61.34 (1) child support shall be calculated based on 40 hours per 61.35 week at 200 percent of the federal minimum wage; and 61.36 (2) any child care contribution shall be calculated based 62.1 on the obligor's proportionate share of the child care expenses 62.2 using 40 hours per week at 200 percent of the federal minimum 62.3 wage as the income of the obligor. 62.4 (b) If it is known that the obligor has employer-related 62.5 insurance available, then health insurance shall be ordered to 62.6 be provided by the obligor and the obligor shall be ordered to 62.7 pay 50 percent of the uninsured expenses. If it is unknown 62.8 whether there is employer-related insurance or if there is no 62.9 employer-related insurance, the obligor shall be ordered to 62.10 provide dependent care only insurance. If the obligee has 62.11 better health insurance available, the obligor shall be ordered 62.12 to pay 50 percent of the obligee's health insurance premium and 62.13 50 percent of the uninsured expenses. 62.14 (c) The following expenses shall be reserved if it is not 62.15 possible to calculate the obligor's contribution toward 62.16 unreimbursed public assistance, support arrearages, and 62.17 pregnancy and confinement expenses. 62.18 Sec. 53. Minnesota Statutes 1996, section 518.5512, is 62.19 amended by adding a subdivision to read: 62.20 Subd. 6. [ADMINISTRATIVE AUTHORITY.] (a) In each case in 62.21 which support rights are assigned under section 256.741, 62.22 subdivision 1, or where the public authority is providing 62.23 services under an application for child support services, a 62.24 nonattorney employee of the public authority may, without 62.25 requirement of a court order: 62.26 (1) recognize and enforce orders of child support agencies 62.27 of other states; 62.28 (2) compel by subpoena the production of all papers, books, 62.29 records, documents, or other evidentiary material needed to 62.30 establish a parentage or child support order or to modify or 62.31 enforce a child support order; 62.32 (3) change the payee to the appropriate person, 62.33 organization, or agency authorized to receive or collect child 62.34 support or any other person or agency designated as the 62.35 caretaker of the child by agreement of the legal custodian; 62.36 (4) order income withholding of child support under section 63.1 518.611; 63.2 (5) secure assets to satisfy the debt or arrearage in cases 63.3 in which there is a support debt or arrearage by: (i) 63.4 intercepting or seizing periodic or lump sum payments from state 63.5 or local agencies, including reemployment insurance, workers' 63.6 compensation payments, judgments, settlements, and lotteries; 63.7 (ii) attaching and seizing assets of the obligor held in 63.8 financial institutions or public or private retirement funds; 63.9 and (iii) imposing liens and, in appropriate cases, forcing the 63.10 sale of property and the distribution of proceeds; and 63.11 (6) increase the amount of the monthly support payments to 63.12 include amounts for debts or arrearages for the purpose of 63.13 securing overdue support. 63.14 (b) Subpoenas may be served anywhere within the state and 63.15 served outside the state in the same manner as prescribed by law 63.16 for service of process of subpoenas issued by the district court 63.17 of this state. When a subpoena under this subdivision is served 63.18 on a third-party recordkeeper, written notice of the subpoena 63.19 shall be mailed to the person who is the subject of the 63.20 subpoenaed material at the person's last known address within 63.21 three days of the day the subpoena is served. This notice 63.22 provision does not apply if there is reasonable cause to believe 63.23 the giving of the notice may lead to interference with the 63.24 production of the subpoenaed documents. 63.25 (c) A person served with a subpoena may make a written 63.26 objection to the public authority before the time specified in 63.27 the subpoena for compliance. The public authority shall cancel 63.28 or modify the subpoena, if appropriate. The public authority 63.29 shall pay the reasonable costs of producing the documents, if 63.30 requested. 63.31 (d) Subpoenas shall be enforceable in the same manner as 63.32 subpoenas of the district court, in proceedings initiated by 63.33 complaint of the public authority in the district court. 63.34 Sec. 54. Minnesota Statutes 1996, section 518.611, is 63.35 amended by adding a subdivision to read: 63.36 Subd. 1a. [APPLICATION.] (a) As required by federal law, 64.1 this section applies to all support and maintenance obligations 64.2 that are initially ordered or modified and are being enforced by 64.3 the public authority. 64.4 (b) Effective January 1, 1994, this section applies to all 64.5 other support and maintenance orders issued by the court. 64.6 Sec. 55. Minnesota Statutes 1996, section 518.611, is 64.7 amended by adding a subdivision to read: 64.8 Subd. 1b. [ORDER.] Whenever a support order as defined in 64.9 section 518.54, subdivision 4, is initially determined and 64.10 ordered or modified by a judicial or administrative court, the 64.11 public authority responsible for child support enforcement must 64.12 withhold the support from the income of the obligor and forward 64.13 it to the public authority. This section applies regardless of 64.14 the source of income of the person obligated to pay the support 64.15 or maintenance. 64.16 Sec. 56. Minnesota Statutes 1996, section 518.611, is 64.17 amended by adding a subdivision to read: 64.18 Subd. 1c. [INCOME WITHHOLDING NOTICE.] (a) Every income 64.19 withholding notice for support and maintenance must be a 64.20 separate document and shall contain: 64.21 (1) the obligor's social security number and date of birth; 64.22 (2) the name and address of the obligor's employer or other 64.23 payor of funds; 64.24 (3) provisions requiring the obligor to keep the public 64.25 authority informed of the name and address of the obligor's 64.26 current employer; and 64.27 (4) provisions requiring the obligor to keep the public 64.28 authority informed as to whether the obligor has access to 64.29 employer-related health insurance coverage and the health 64.30 insurance policy information, if applicable. 64.31 (b) Upon entry of the order for support or maintenance, the 64.32 court shall provide a copy of the withholding order to the 64.33 public authority responsible for child support enforcement. The 64.34 withholding order may not be released to the obligee without the 64.35 express written consent of the obligor. 64.36 Sec. 57. Minnesota Statutes 1996, section 518.611, is 65.1 amended by adding a subdivision to read: 65.2 Subd. 1d. [NOTICE OF SERVICES.] The commissioner of human 65.3 services shall prepare and make available to the courts a form 65.4 notice that explains child support and maintenance collection 65.5 services available through the public authority responsible for 65.6 child support enforcement, including income withholding. Upon 65.7 receiving a petition for dissolution of marriage or legal 65.8 separation, the court administrator shall promptly send the form 65.9 notice to the petitioner and respondent at the addresses stated 65.10 in the petition 65.11 Sec. 58. Minnesota Statutes 1996, section 518.611, is 65.12 amended by adding a subdivision to read: 65.13 Subd. 1e. [COLLECTION SERVICES.] (a) Upon receipt of an 65.14 income withholding order, the petitioner or respondent, if not a 65.15 recipient of public assistance or receiving services, shall 65.16 apply either for full child support collection services through 65.17 the public authority or for income withholding only services. 65.18 (b) For those persons applying for income withholding only 65.19 services, a monthly service fee of $15 must be charged to the 65.20 obligor. This fee is in addition to the amount of support or 65.21 maintenance ordered by the court and must be withheld through 65.22 income withholding. The public authority shall explain the 65.23 service options in this subdivision to the affected parties and 65.24 encourage the applicant to apply for full child support 65.25 collection services. The service fee under section 518.551, 65.26 subdivision 7, applies to all nonpublic assistance applicants 65.27 who apply for full collection child support services and to all 65.28 applicants who apply for income withholding only services. 65.29 Sec. 59. Minnesota Statutes 1996, section 518.611, 65.30 subdivision 2, is amended to read: 65.31 Subd. 2. [CONDITIONS OF INCOME WITHHOLDING.] (a) This 65.32 subdivision and subdivision 3 shall only apply to orders for 65.33 support or maintenance issued prior to January 1, 1994, and for 65.34 which the court did not order income withholding. Withholding 65.35 shall result when: 65.36 (1) the obligor requests it in writing to the public 66.1 authority; 66.2 (2) thecustodial parentobligee requests it by making a 66.3 motion to the court and the court finds that previous support 66.4 has not been paid on a timely or consistent basis or that the 66.5 obligor has threatened expressly or otherwise to stop or reduce 66.6 payments; or 66.7 (3) the obligor fails to make the maintenance or support 66.8 payments, andthe following conditions are met:66.9(i)the obligor is at least 30 days in arrears;. 66.10(ii) the obligee or the public authority serves written66.11notice of income withholding, showing arrearage, on the obligor66.12at least 15 days before service of the notice of income66.13withholding and a copy of the court's order on the payor of66.14funds;66.15(iii) within the 15-day period, the obligor fails to move66.16the court to deny withholding on the grounds that an arrearage66.17of at least 30 days does not exist as of the date of the notice66.18of income withholding, or on other grounds limited to mistakes66.19of fact, and, ex parte, to stay service on the payor of funds66.20until the motion to deny withholding is heard;66.21(iv) the obligee or the public authority sends the payor of66.22funds a notice of the withholding requirements and the66.23provisions of this section; and66.24(v) the obligee serves on the public authority a copy of66.25the notice of income withholding, a copy of the court's order,66.26an application, and the fee to use the public authority's66.27collection services.66.28For those persons not applying for the public authority's IV-D66.29services, a monthly service fee of $15 must be charged to the66.30obligor in addition to the amount of child support ordered by66.31the court and withheld through automatic income withholding, or66.32for persons applying for the public authority's IV-D services,66.33the service fee under section 518.551, subdivision 7, applies.66.34The county agency shall explain to affected persons the services66.35available and encourage the applicant to apply for IV-D services.66.36 (b) The employer or payor of funds shall withhold from the 67.1 obligor's income an additional amount equal to 20 percent of the 67.2 monthly child support or maintenance obligation until the 67.3 arrearage is paid. 67.4 (c) In cases where child support or maintenance is not 67.5 assigned under section 256.74, if an obligor has overpaid a 67.6 child support or maintenance obligation because of a 67.7 modification of or error in the amount owed, the public 67.8 authority shall: 67.9 (1) apply the amount of the overpayment to reduce the 67.10 amount of any child support or maintenance related arrearages or 67.11 debts owed to the obligee; and 67.12 (2) if an overpayment amount remains after the reduction of 67.13 any arrearage or debt, reduce the amount of the child support 67.14 remitted to the obligee by an amount equal to no more than 20 67.15 percent of the current monthly support or maintenance obligation 67.16 and remit this amount to the obligor until the overpayment is 67.17 reduced to zero. 67.18 (d) The obligor may move the court, under section 518.64, 67.19 to modify the order respecting the amount of maintenance or 67.20 support. 67.21 (e) Every order for support or maintenance shall provide 67.22 for a conspicuous notice of the provisions of this subdivision 67.23 that complies with section 518.68, subdivision 2. An order 67.24 without this notice remains subject to this subdivision. 67.25 (f) Absent a court order to the contrary, if an arrearage 67.26 exists at the time an order for ongoing support or maintenance 67.27 would otherwise terminate, income withholding shall continue in 67.28 effect in an amount equal to the former support or maintenance 67.29 obligation plus an additional amount equal to 20 percent of the 67.30 monthly child support obligation, until all arrears have been 67.31 paid in full. 67.32 Sec. 60. Minnesota Statutes 1996, section 518.611, is 67.33 amended by adding a subdivision to read: 67.34 Subd. 2b. [INCOME WITHHOLDING.] The income withholding 67.35 shall take effect without prior judicial notice to the obligor 67.36 and without the need for judicial or administrative hearing. 68.1 For the purpose of subdivision 2, after the public authority 68.2 commences the withholding, the public authority shall notify the 68.3 obligor that the withholding has commenced. The notice shall 68.4 include the information provided to the employer in the income 68.5 withholding order. 68.6 Sec. 61. Minnesota Statutes 1996, section 518.611, is 68.7 amended by adding a subdivision to read: 68.8 Subd. 2c. [CONTEST.] The obligor may contest the 68.9 withholding commenced under subdivisions 2 and 2b on the limited 68.10 grounds that the withholding or the amount withheld is improper 68.11 due to mistake of fact. If the obligor chooses to contest the 68.12 withholding, the obligor must do so no later than 15 days after 68.13 receipt of the notice by doing all of the following: 68.14 (1) filing a motion with the court contesting the 68.15 withholding, including in the motion the mistakes of fact that 68.16 occurred; 68.17 (2) serving a copy of the motion on the public authority 68.18 and the obligee; and 68.19 (3) securing a date for hearing of the motion contesting 68.20 the withholding no later than 45 days after receiving notice 68.21 that withholding commenced. 68.22 Sec. 62. Minnesota Statutes 1996, section 518.611, 68.23 subdivision 3, is amended to read: 68.24 Subd. 3. [WITHHOLDING HEARING.]Within 45 days from the68.25date of the notice given under subdivision 2, the court shall68.26hold the hearing on the motion under subdivision 2 and notify68.27the parties of its decision. At the hearing to deny68.28withholding, if the court finds that there was no mistake of68.29fact, the court shall order income withholding to begin no later68.30than the first pay period that occurs after 14 days following68.31the date of the hearing.If the court finds that an arrearage 68.32 of at least 30 days existed as of the date of the notice of 68.33 income withholding, but finds a mistake in the amount of 68.34 arrearage, the court shallordercontinue the income 68.35 withholding, but it shall correct the amount of arrearage to be 68.36 withheld under subdivision 2, paragraph (b). 69.1 Sec. 63. Minnesota Statutes 1996, section 518.611, 69.2 subdivision 4, is amended to read: 69.3 Subd. 4. [EFFECT OF ORDER.] (a) Notwithstanding any law to 69.4 the contrary, the order or notice is binding on the employer, 69.5 trustee, payor of the funds, or financial institution when 69.6 serviceunder subdivision 2has been made. 69.7 Withholding must begin no later than the first pay period 69.8 that occurs after 14 days following the date of the notice. In 69.9 the case of a financial institution, preauthorized transfers 69.10 must occur in accordance with a court-ordered payment schedule. 69.11 An employer, payor of funds, or financial institution in this 69.12 state is required to withhold income according to court orders 69.13 for withholding issued by other states or territories. 69.14 The payor shall withhold from the income payable to the 69.15 obligor the amount specified in the order and amounts required 69.16 under subdivision 2and section 518.613and shall remit, within 69.17tenseven business days of the date the obligor is paid the 69.18 remainder of the income, the amounts withheld to the public 69.19 authority. The payor shall identify on the remittance 69.20 information the obligor's social security number, the case 69.21 identifier, and the date the obligor is paid the remainder of 69.22 the income. The obligor is considered to have paid the amount 69.23 withheld as of the date the obligor received the remainder of 69.24 the income. The financial institution shall execute 69.25 preauthorized transfers from the deposit accounts of the obligor 69.26 in the amount specified in the order and amounts required under 69.27 subdivision 2 as directed by the public authority responsible 69.28 for child support enforcement. 69.29 (b) Employers may combine all amounts withheld from one pay 69.30 period into one payment to each public authority, but shall 69.31 separately identify each obligor making payment. Amounts 69.32 received by the public authority which are in excess of public 69.33 assistance expended for the party or for a child shall be 69.34 remitted to the party. 69.35 (c) An employer shall not discharge, or refuse to hire, or 69.36 otherwise discipline an employee as a result of a wage or salary 70.1 withholding authorized by this section. The employer or other 70.2 payor of funds shall be liable to the obligee for any amounts 70.3 required to be withheld. A financial institution is liable to 70.4 the obligee if funds in any of the obligor's deposit accounts 70.5 identified in the court order equal the amount stated in the 70.6 preauthorization agreement but are not transferred by the 70.7 financial institution in accordance with the agreement. An 70.8 employer or other payor of funds that fails to withhold or 70.9 transfer funds in accordance with this section is also liable to 70.10 the obligee for interest on the funds at the rate applicable to 70.11 judgments under section 549.09, computed from the date the funds 70.12 were required to be withheld or transferred. An employer or 70.13 other payor of funds is liable for reasonable attorney fees of 70.14 the obligee or public authority incurred in enforcing the 70.15 liability under this paragraph. An employer or other payor of 70.16 funds that has failed to comply with the requirements of this 70.17 section is subject to contempt sanctions under section 518.615. 70.18 If an employer violates this subdivision, a court may award the 70.19 employee twice the wages lost as a result of this violation. If 70.20 a court finds the employer violates this subdivision, the court 70.21 shall impose a civil fine of not less than $500. 70.22 (d) An employer receiving an income withholding notice from 70.23 another state shall withhold and distribute the funds as 70.24 directed in the withholding notice and shall apply the law of 70.25 the obligor's principal place of employment when determining: 70.26 (1) the employer's fee for processing an income withholding 70.27 notice; 70.28 (2) the maximum amount permitted to be withheld from the 70.29 obligor's income; and 70.30 (3) the times within which the employer must implement the 70.31 withholding order and forward the child support payment. 70.32 (e) As used in this section, "business day" means a day on 70.33 which state offices are open for regular business. 70.34 Sec. 64. Minnesota Statutes 1996, section 518.611, 70.35 subdivision 5, is amended to read: 70.36 Subd. 5. [ARREARAGE ORDER.] Nothing in this section shall 71.1 prevent the court or public authority from ordering the payor of 71.2 funds to withhold amounts to satisfy the obligor's previous 71.3 arrearage in child support or maintenance payments, the 71.4 obligor's liability for reimbursement of child support or of 71.5 public assistancepursuant tounder sections256.87256.741, 71.6 subdivision 8, and 257.66, for pregnancy and confinement 71.7 expenses and for blood test costs, and any service fees that may 71.8 be imposed under section 518.551. This remedy shall not operate 71.9 to exclude availability of other remedies to enforce judgments. 71.10 Sec. 65. Minnesota Statutes 1996, section 518.611, 71.11 subdivision 6, is amended to read: 71.12 Subd. 6. [PRIORITY.] (a) An order for withholding under 71.13 this section or execution or garnishment upon a judgment for 71.14 child support arrearages or preadjudicated expenses shall have 71.15 priority over an attachment, execution, garnishment, or wage 71.16 assignment and shall not be subject to the statutory limitations 71.17 on amounts levied against the income of the obligor. Amounts 71.18 withheld from an employee's income must not exceed the maximum 71.19 permitted under the Consumer Credit Protection Act, United 71.20 States Code, title 15, section 1673(b)(2). 71.21 (b) If a single employee is subject to multiple withholding 71.22 orders for the support of more than one child, the payor of 71.23 funds shall comply with all of the orders to the extent that the 71.24 total amount withheld from the payor's income does not exceed 71.25 the limits imposed under the Consumer Credit Protection Act, 71.26 giving priority to amounts designated in each order as current 71.27 support as follows: 71.28 (1) if the total of the amounts designated in the orders as 71.29 current support exceeds the amount available for income 71.30 withholding, the payor of funds shall allocate to each order an 71.31 amount for current support equal to the amount designated in 71.32 that order as current support, divided by the total of the 71.33 amounts designated in the orders as current support, multiplied 71.34 by the amount of the income available for income withholding; 71.35 and 71.36 (2) if the total of the amounts designated in the orders as 72.1 current support does not exceed the amount available for income 72.2 withholding, the payor of funds shall pay the amounts designated 72.3 as current support, and shall allocate to each order an amount 72.4 for past due support equal to the amount designated in that 72.5 order as past due support, divided by the total of the amounts 72.6 designated in the orders as past due support, multiplied by the 72.7 amount of income remaining available for income withholding 72.8 after the payment of current support. 72.9 (c) If more than one order exists involving the same 72.10 obligor and child, the public authority shall enforce the most 72.11 current order. Income withholding that has been implemented 72.12 under a previous orderpursuantaccording to this sectionor72.13section 518.613shall be terminated as of the date of the most 72.14 current order. The public authority shall notify the payor of 72.15 funds to withhold under the most current withholding order. 72.16 (d) Notwithstanding any law to the contrary, funds from 72.17 income sources included in section 518.54, subdivision 6, 72.18 whether periodic or lump sum, are not exempt from attachment or 72.19 execution upon a judgment for child support arrearages. 72.20 Sec. 66. Minnesota Statutes 1996, section 518.611, 72.21 subdivision 10, is amended to read: 72.22 Subd. 10. [ORDER TERMINATING INCOME WITHHOLDING.] (a) 72.23 Whenever an obligation for support of a child or maintenance of 72.24 a spouse, or both, terminates under the terms of the order or 72.25 decree establishing the obligation, and where the obligation is 72.26 enforced by an order for income withholding from the obligor, 72.27 the court shall enter an order, directed to the obligor's 72.28 employer or other payer of funds, which terminates the income 72.29 withholding. The order terminating income withholding must 72.30 specify the effective date of the order, referencing the initial 72.31 order or decree establishing the support obligation. 72.32 The order must be entered once the following conditions 72.33 have been met: 72.34 (1) the obligor serves written notice of the application 72.35 for termination of income withholding by mail upon the obligee 72.36 at the obligee's last known mailing address; and a duplicate 73.1 copy of the application is served upon the public authority 73.2 responsible for the processing of support collection services; 73.3 (2) the application for termination of income withholding 73.4 specifies the event that terminates the support obligation, the 73.5 effective date of the termination of the support obligation, and 73.6 the applicable provisions of the order or decree that 73.7 established the support obligation; 73.8 (3) the application includes the complete name of the 73.9 obligor's employer or other payer of funds, the business mailing 73.10 address, the court action and court file number, and the support 73.11 and collections file number, if known; and 73.12 (4) after receipt of the application for termination of 73.13 income withholding, the obligee or the public authority fails 73.14 within 20 days to request a hearing on the issue of whether 73.15 income withholding of support should continue clearly specifying 73.16 the basis for the continued support obligation and, ex parte, to 73.17 stay the service of the order terminating income withholding 73.18 upon the obligor's employer or other payer of funds, pending the 73.19 outcome of the hearing. 73.20 (b) If, after conferring with the obligee and obligor, the 73.21 public authority determines thatthe support obligation has73.22terminated under the terms of the order or decree establishing73.23the obligationincome withholding is no longer applicable, the 73.24 public authority shall notify the obligee and obligor of intent 73.25 to terminate income withholding. Five days following this 73.26 notice, the public authority shall issue a notice to the payor 73.27 of funds terminating income withholding, without a requirement 73.28 for a court order terminating income withholding, unless a 73.29 hearing has been requested under paragraph (a). 73.30 Sec. 67. Minnesota Statutes 1996, section 518.611, 73.31 subdivision 12, is amended to read: 73.32 Subd. 12. [INTERSTATE INCOME WITHHOLDING.] Upon receipt of 73.33 an order for support entered in another state, with the 73.34 specified documentation from an authorized agency, the public 73.35 authority shall implement income withholdingunder subdivision73.362.If the obligor requests a hearing under subdivision 3 to74.1contest withholding, the court administrator shall enter the74.2order. Entry of the order shall not confer jurisdiction on the74.3courts or administrative agencies of this state for any purpose74.4other than contesting implementation of income withholdingThe 74.5 obligor may contest the withholding under this section. 74.6 Sec. 68. Minnesota Statutes 1996, section 518.611, is 74.7 amended by adding a subdivision to read: 74.8 Subd. 13. [NOTIFICATION OF TERMINATION OF 74.9 EMPLOYMENT.] When a withholding order is in effect and the 74.10 obligor's employment is terminated, the obligor and the 74.11 obligor's employer or the payor of funds shall notify the public 74.12 agency responsible for child support enforcement of the 74.13 termination within ten days of the termination date. The notice 74.14 shall include the obligor's home address and the name and 74.15 address of the obligor's new employer or payor of funds, if 74.16 known. Information disclosed under this section shall not be 74.17 divulged except to the extent necessary for the administration 74.18 of the child support enforcement program or as authorized by law. 74.19 Sec. 69. Minnesota Statutes 1996, section 518.611, is 74.20 amended by adding a subdivision to read: 74.21 Subd. 14. [NONLIABILITY OF EMPLOYER.] An employer who 74.22 complies with an income withholding order under this chapter or 74.23 chapter 518C, that appears valid, shall not be subject to civil 74.24 liability to any individual or agency for taking action in 74.25 compliance with the order. 74.26 Sec. 70. Minnesota Statutes 1996, section 518.611, is 74.27 amended by adding a subdivision to read: 74.28 Subd. 15. [ELECTRONIC TRANSMISSION.] Orders under this 74.29 section or notices of income withholding may be transmitted for 74.30 enforcement purposes by electronic means. 74.31 Sec. 71. Minnesota Statutes 1996, section 518.611, is 74.32 amended by adding a subdivision to read: 74.33 Subd. 16. [WAIVER.] (a) The court may waive the 74.34 requirements of this section only if the court finds there is no 74.35 arrearage in child support and maintenance as of the date of the 74.36 hearing and: 75.1 (1) one party demonstrates and the court finds there is 75.2 good cause to waive the requirements of this section or to 75.3 terminate income withholding on an order previously entered 75.4 under this section; or 75.5 (2) all parties reach an agreement and the agreement is 75.6 approved by the court after a finding that the agreement is 75.7 likely to result in regular and timely payments. 75.8 The court's findings waiving the requirements under clauses 75.9 (1) and (2) must include a written explanation of the reasons 75.10 why income withholding would not be in the best interests of the 75.11 child. 75.12 (b) In addition to the other requirements in this 75.13 subdivision, if the case involves a modification of support, the 75.14 court must make a finding that support has been timely made. 75.15 (c) If the court waives the requirements of this section, 75.16 the obligee may at any time and without cause request the court 75.17 or the public authority to issue an order for income withholding 75.18 under this section. 75.19 (d) If the public authority does not have an open file on 75.20 the parties, either party must apply for services. Upon receipt 75.21 of the request, the public authority shall serve a copy of the 75.22 court's order according to this section on the obligor's 75.23 employer or other payor of funds. The public authority shall 75.24 notify the court that withholding has begun at the request of 75.25 the obligor under this section. 75.26 Sec. 72. Minnesota Statutes 1996, section 518.616, is 75.27 amended by adding a subdivision to read: 75.28 Subd. 1a. [COURT ORDERS FOR CHILDREN RECEIVING PUBLIC 75.29 ASSISTANCE.] For any order enforced by the public authority for 75.30 children receiving assistance under any of the programs referred 75.31 to in section 256.741, subdivision 8, the public authority may 75.32 seek a court order requiring the obligor to participate in work 75.33 activities if the obligor is in arrears in child support. Work 75.34 activities include the following: 75.35 (1) unsubsidized employment; 75.36 (2) subsidized private sector employment; 76.1 (3) subsidized public sector employment or work experience 76.2 only if sufficient private sector employment is unavailable; 76.3 (4) on-the-job training; 76.4 (5) job search and job readiness; 76.5 (6) education directly related to employment, in the case 76.6 of an obligor who: 76.7 (i) has not attained 20 years of age; and 76.8 (ii) has not received a high school diploma or certificate 76.9 of high school equivalency; 76.10 (7) job skills training directly related to employment; and 76.11 (8) satisfactory attendance at a secondary school in the 76.12 case of an obligor who: 76.13 (i) has not completed secondary school; and 76.14 (ii) is a dependent child, or a head of a household and who 76.15 has not attained 20 years of age; and 76.16 (9) vocational educational training, not to exceed 12 76.17 months with respect to any individual. 76.18 Sec. 73. [518.618] [COLLECTION; ARREARS ONLY.] 76.19 (a) Remedies available for the collection and enforcement 76.20 of support in this chapter and chapters 256, 257, and 518C also 76.21 apply to cases in which the child or children for whom support 76.22 is owed are emancipated and the obligor owes past support or has 76.23 an accumulated arrearage as of the date of the youngest child's 76.24 emancipation. Child support arrearages under this section 76.25 include arrearages for child support, medical support, child 76.26 care, pregnancy and birth expenses, and unreimbursed medical 76.27 expenses as defined in section 518.171. 76.28 (b) This section applies retroactively to any support 76.29 arrearage that accrued on or before the date of enactment and to 76.30 all arrearages accruing after the date of enactment. 76.31 Sec. 74. Minnesota Statutes 1996, section 518.64, 76.32 subdivision 2, is amended to read: 76.33 Subd. 2. [MODIFICATION.] (a) The terms of an order 76.34 respecting maintenance or support may be modified upon a showing 76.35 of one or more of the following: (1) substantially increased or 76.36 decreased earnings of a party; (2) substantially increased or 77.1 decreased need of a party or the child or children that are the 77.2 subject of these proceedings; (3) receipt of assistance under 77.3 sections 256.72 to 256.87 or 256B.01 to 256B.40; (4) a change in 77.4 the cost of living for either party as measured by the federal 77.5 bureau of statistics, any of which makes the terms unreasonable 77.6 and unfair; (5) extraordinary medical expenses of the child not 77.7 provided for under section 518.171; or (6) the addition of 77.8 work-related or education-related child care expenses of the 77.9 obligee or a substantial increase or decrease in existing 77.10 work-related or education-related child care expenses. 77.11 (b) It is presumed that there has been a substantial change 77.12 in circumstances underclause (1), (2), or (4)paragraph (a) and 77.13 the terms of a current support order shall be rebuttably 77.14 presumed to be unreasonable and unfair if: 77.15 (1) the application of the child support guidelines in 77.16 section 518.551, subdivision 5, to the current circumstances of 77.17 the parties results in a calculated court order that is at least 77.18 20 percent and at least $50 per month higher or lower than the 77.19 current support order.; 77.20 (2) the medical support provisions of the order established 77.21 under section 518.171 are not enforceable by the public 77.22 authority or the custodial parent; 77.23 (3) health coverage ordered under section 518.171 is not 77.24 available to the child for whom the order is established by the 77.25 parent ordered to provide; or 77.26 (4) the existing support obligation is in the form of a 77.27 statement of percentage and not a specific dollar amount. 77.28(b)(c) On a motion for modification of maintenance, 77.29 including a motion for the extension of the duration of a 77.30 maintenance award, the court shall apply, in addition to all 77.31 other relevant factors, the factors for an award of maintenance 77.32 under section 518.552 that exist at the time of the motion. On 77.33 a motion for modification of support, the court: 77.34 (1) shall apply section 518.551, subdivision 5, and shall 77.35 not consider the financial circumstances of each party's spouse, 77.36 if any; and 78.1 (2) shall not consider compensation received by a party for 78.2 employment in excess of a 40-hour work week, provided that the 78.3 party demonstrates, and the court finds, that: 78.4 (i) the excess employment began after entry of the existing 78.5 support order; 78.6 (ii) the excess employment is voluntary and not a condition 78.7 of employment; 78.8 (iii) the excess employment is in the nature of additional, 78.9 part-time employment, or overtime employment compensable by the 78.10 hour or fractions of an hour; 78.11 (iv) the party's compensation structure has not been 78.12 changed for the purpose of affecting a support or maintenance 78.13 obligation; 78.14 (v) in the case of an obligor, current child support 78.15 payments are at least equal to the guidelines amount based on 78.16 income not excluded under this clause; and 78.17 (vi) in the case of an obligor who is in arrears in child 78.18 support payments to the obligee, any net income from excess 78.19 employment must be used to pay the arrearages until the 78.20 arrearages are paid in full. 78.21(c)(d) A modification of support or maintenance may be 78.22 made retroactive only with respect to any period during which 78.23 the petitioning party has pending a motion for modification but 78.24 only from the date of service of notice of the motion on the 78.25 responding party and on the public authority if public 78.26 assistance is being furnished or the county attorney is the 78.27 attorney of record. However, modification may be applied to an 78.28 earlier period if the court makes express findings that the 78.29 party seeking modification was precluded from serving a motion 78.30 by reason of a significant physical or mental disability, a 78.31 material misrepresentation of another party, or fraud upon the 78.32 court and that the party seeking modification, when no longer 78.33 precluded, promptly served a motion. The court may provide that 78.34 a reduction in the amount allocated for child care expenses 78.35 based on a substantial decrease in the expenses is effective as 78.36 of the date the expenses decreased. 79.1(d)(e) Except for an award of the right of occupancy of 79.2 the homestead, provided in section 518.63, all divisions of real 79.3 and personal property provided by section 518.58 shall be final, 79.4 and may be revoked or modified only where the court finds the 79.5 existence of conditions that justify reopening a judgment under 79.6 the laws of this state, including motions under section 518.145, 79.7 subdivision 2. The court may impose a lien or charge on the 79.8 divided property at any time while the property, or subsequently 79.9 acquired property, is owned by the parties or either of them, 79.10 for the payment of maintenance or support money, or may 79.11 sequester the property as is provided by section 518.24. 79.12(e)(f) The court need not hold an evidentiary hearing on a 79.13 motion for modification of maintenance or support. 79.14(f)(g) Section 518.14 shall govern the award of attorney 79.15 fees for motions brought under this subdivision. 79.16 Sec. 75. Minnesota Statutes 1996, section 518.68, 79.17 subdivision 2, is amended to read: 79.18 Subd. 2. [CONTENTS.] The required notices must be 79.19 substantially as follows: 79.20 IMPORTANT NOTICE 79.21 1. PAYMENTS TO PUBLIC AGENCY 79.22PursuantAccording to Minnesota Statutes, section 518.551, 79.23 subdivision 1, payments ordered for maintenance and support 79.24 must be paid to the public agency responsible for child 79.25 support enforcement as long as the person entitled to 79.26 receive the payments is receiving or has applied for public 79.27 assistance or has applied for support and maintenance 79.28 collection services. MAIL PAYMENTS TO: 79.29 2. DEPRIVING ANOTHER OF CUSTODIAL OR PARENTAL RIGHTS -- A 79.30 FELONY 79.31 A person may be charged with a felony who conceals a minor 79.32 child or takes, obtains, retains, or fails to return a 79.33 minor child from or to the child's parent (or person with 79.34 custodial or visitation rights),pursuantaccording to 79.35 Minnesota Statutes, section 609.26. A copy of that section 79.36 is available from any district court clerk. 80.1 3. RULES OF SUPPORT, MAINTENANCE, VISITATION 80.2 (a) Payment of support or spousal maintenance is to be as 80.3 ordered, and the giving of gifts or making purchases of 80.4 food, clothing, and the like will not fulfill the 80.5 obligation. 80.6 (b) Payment of support must be made as it becomes due, and 80.7 failure to secure or denial of rights of visitation is NOT 80.8 an excuse for nonpayment, but the aggrieved party must seek 80.9 relief through a proper motion filed with the court. 80.10 (c) Nonpayment of support is not grounds to deny 80.11 visitation. The party entitled to receive support may 80.12 apply for support and collection services, file a contempt 80.13 motion, or obtain a judgment as provided in Minnesota 80.14 Statutes, section 548.091. 80.15 (d) The payment of support or spousal maintenance takes 80.16 priority over payment of debts and other obligations. 80.17 (e) A party who accepts additional obligations of support 80.18 does so with the full knowledge of the party's prior 80.19 obligation under this proceeding. 80.20 (f) Child support or maintenance is based on annual income, 80.21 and it is the responsibility of a person with seasonal 80.22 employment to budget income so that payments are made 80.23 throughout the year as ordered. 80.24 (g) If there is a layoff or a pay reduction, support may be 80.25 reduced as of the time of the layoff or pay reduction if a 80.26 motion to reduce the support is served and filed with the 80.27 court at that time, but any such reduction must be ordered 80.28 by the court. The court is not permitted to reduce support 80.29 retroactively, except as provided in Minnesota Statutes, 80.30 section 518.64, subdivision 2, paragraph (c). 80.31 4. PARENTAL RIGHTS FROM MINNESOTA STATUTES, SECTION 518.17, 80.32 SUBDIVISION 3 80.33 Unless otherwise provided by the Court: 80.34 (a) Each party has the right of access to, and to receive 80.35 copies of, school, medical, dental, religious training, and 80.36 other important records and information about the minor 81.1 children. Each party has the right of access to 81.2 information regarding health or dental insurance available 81.3 to the minor children. Presentation of a copy of this 81.4 order to the custodian of a record or other information 81.5 about the minor children constitutes sufficient 81.6 authorization for the release of the record or information 81.7 to the requesting party. 81.8 (b) Each party shall keep the other informed as to the name 81.9 and address of the school of attendance of the minor 81.10 children. Each party has the right to be informed by 81.11 school officials about the children's welfare, educational 81.12 progress and status, and to attend school and parent 81.13 teacher conferences. The school is not required to hold a 81.14 separate conference for each party. 81.15 (c) In case of an accident or serious illness of a minor 81.16 child, each party shall notify the other party of the 81.17 accident or illness, and the name of the health care 81.18 provider and the place of treatment. 81.19 (d) Each party has the right of reasonable access and 81.20 telephone contact with the minor children. 81.21 5. WAGE AND INCOME DEDUCTION OF SUPPORT AND MAINTENANCE 81.22 Child support and/or spousal maintenance may be withheld 81.23 from income, with or without notice to the person obligated 81.24 to pay, when the conditions of Minnesota Statutes, sections 81.25 518.611 and 518.613, have been met. A copy of those 81.26 sections is available from any district court clerk. 81.27 6. CHANGE OF ADDRESS OR RESIDENCE 81.28 Unless otherwise ordered,the person responsible to make81.29support or maintenance paymentseach party shall notify the 81.30person entitled to receive the paymentother party, the 81.31 court, and the public authority responsible for collection, 81.32 if applicable, ofa change of address or residencethe 81.33 following information within60ten days ofthe address or81.34residence changeany change: the residential and mailing 81.35 address, telephone number, driver's license number, social 81.36 security number, and name, address, and telephone number of 82.1 the employer. 82.2 7. COST OF LIVING INCREASE OF SUPPORT AND MAINTENANCE 82.3 Child support and/or spousal maintenance may be adjusted 82.4 every two years based upon a change in the cost of living 82.5 (using Department of Labor Consumer Price Index .........., 82.6 unless otherwise specified in this order) when the 82.7 conditions of Minnesota Statutes, section 518.641, are met. 82.8 Cost of living increases are compounded. A copy of 82.9 Minnesota Statutes, section 518.641, and forms necessary to 82.10 request or contest a cost of living increase are available 82.11 from any district court clerk. 82.12 8. JUDGMENTS FOR UNPAID SUPPORT 82.13 If a person fails to make a child support payment, the 82.14 payment owed becomes a judgment against the person 82.15 responsible to make the payment by operation of law on or 82.16 after the date the payment is due, and the person entitled 82.17 to receive the payment or the public agency may obtain 82.18 entry and docketing of the judgment WITHOUT NOTICE to the 82.19 person responsible to make the payment under Minnesota 82.20 Statutes, section 548.091. Interest begins to accrue on a 82.21 payment or installment of child support whenever the unpaid 82.22 amount due is greater than the current support due, 82.23pursuantaccording to Minnesota Statutes, section 548.091, 82.24 subdivision 1a. 82.25 9. JUDGMENTS FOR UNPAID MAINTENANCE 82.26 A judgment for unpaid spousal maintenance may be entered 82.27 when the conditions of Minnesota Statutes, section 548.091, 82.28 are met. A copy of that section is available from any 82.29 district court clerk. 82.30 10. ATTORNEY FEES AND COLLECTION COSTS FOR ENFORCEMENT OF CHILD 82.31 SUPPORT 82.32 A judgment for attorney fees and other collection costs 82.33 incurred in enforcing a child support order will be entered 82.34 against the person responsible to pay support when the 82.35 conditions of section 518.14, subdivision 2, are met. A 82.36 copy of section 518.14 and forms necessary to request or 83.1 contest these attorney fees and collection costs are 83.2 available from any district court clerk. 83.3 11. VISITATION EXPEDITOR PROCESS 83.4 On request of either party or on its own motion, the court 83.5 may appoint a visitation expeditor to resolve visitation 83.6 disputes under Minnesota Statutes, section 518.1751. A 83.7 copy of that section and a description of the expeditor 83.8 process is available from any district court clerk. 83.9 12. VISITATION REMEDIES AND PENALTIES 83.10 Remedies and penalties for the wrongful denial of 83.11 visitation rights are available under Minnesota Statutes, 83.12 section 518.175, subdivision 6. These include compensatory 83.13 visitation; civil penalties; bond requirements; contempt; 83.14 and reversal of custody. A copy of that subdivision and 83.15 forms for requesting relief are available from any district 83.16 court clerk. 83.17 Sec. 76. Minnesota Statutes 1996, section 518C.101, is 83.18 amended to read: 83.19 518C.101 [DEFINITIONS.] 83.20 In this chapter: 83.21 (a) "Child" means an individual, whether over or under the 83.22 age of majority, who is or is alleged to be owed a duty of 83.23 support by the individual's parent or who is or is alleged to be 83.24 the beneficiary of a support order directed to the parent. 83.25 (b) "Child support order" means a support order for a 83.26 child, including a child who has attained the age of majority 83.27 under the law of the issuing state. 83.28 (c) "Duty of support" means an obligation imposed or 83.29 imposable by law to provide support for a child, spouse, or 83.30 former spouse, including an unsatisfied obligation to provide 83.31 support. 83.32 (d) "Home state" means the state in which a child lived 83.33 with a parent or a person acting as parent for at least six 83.34 consecutive months immediately preceding the time of filing of a 83.35 petition or comparable pleading for support and, if a child is 83.36 less than six months old, the state in which the child lived 84.1 from birth with any of them. A period of temporary absence of 84.2 any of them is counted as part of the six-month or other period. 84.3 (e) "Income" includes earnings or other periodic 84.4 entitlements to money from any source and any other property 84.5 subject to withholding for support under the law of this state. 84.6 (f) "Income-withholding order" means an order or other 84.7 legal process directed to an obligor's employer or other debtor 84.8 under section 518.611or 518.613, to withhold support from the 84.9 income of the obligor. 84.10 (g) "Initiating state" means a stateinfrom which a 84.11 proceeding is forwarded or in which a proceeding is filed for 84.12 forwarding to a responding state under this chapter or a law or 84.13 procedure substantially similar to this chapter, the uniform 84.14 reciprocal enforcement of support act, or the revised uniform84.15reciprocal enforcement of support act is filed for forwarding to84.16a responding state. 84.17 (h) "Initiating tribunal" means the authorized tribunal in 84.18 an initiating state. 84.19 (i) "Issuing state" means the state in which a tribunal 84.20 issues a support order or renders a judgment determining 84.21 parentage. 84.22 (j) "Issuing tribunal" means the tribunal that issues a 84.23 support order or renders a judgment determining parentage. 84.24 (k) "Law" includes decisional and statutory law and rules 84.25 and regulations having the force of law. 84.26 (l) "Obligee" means: 84.27 (1) an individual to whom a duty of support is or is 84.28 alleged to be owed or in whose favor a support order has been 84.29 issued or a judgment determining parentage has been rendered; 84.30 (2) a state or political subdivision to which the rights 84.31 under a duty of support or support order have been assigned or 84.32 which has independent claims based on financial assistance 84.33 provided to an individual obligee; or 84.34 (3) an individual seeking a judgment determining parentage 84.35 of the individual's child. 84.36 (m) "Obligor" means an individual, or the estate of a 85.1 decedent: 85.2 (1) who owes or is alleged to owe a duty of support; 85.3 (2) who is alleged but has not been adjudicated to be a 85.4 parent of a child; or 85.5 (3) who is liable under a support order. 85.6 (n)"Petition" means a petition or comparable pleading used85.7pursuant to section 518.5511.85.8(o)"Register" means to file a support order or judgment 85.9 determining parentage in the office of the court administrator. 85.10(p)(o) "Registering tribunal" means a tribunal in which a 85.11 support order is registered. 85.12(q)(p) "Responding state" means a statetoin which a 85.13 proceeding is filed or to which a proceeding is forwarded for 85.14 filing from an initiating state under this chapter or a law or 85.15 procedure substantially similar to this chapter, the uniform 85.16 reciprocal enforcement of support act, or the revised uniform 85.17 reciprocal enforcement of support act. 85.18(r)(q) "Responding tribunal" means the authorized tribunal 85.19 in a responding state. 85.20(s)(r) "Spousal support order" means a support order for a 85.21 spouse or former spouse of the obligor. 85.22(t)(s) "State" means a state of the United States, the 85.23 District of Columbia,the Commonwealth ofPuerto Rico, the 85.24 United States Virgin Islands, or any territory or insular 85.25 possession subject to the jurisdiction of the United 85.26 States."State"This term also includes: 85.27 (1) an Indian tribe; and 85.28 (2) a foreign jurisdiction that has enacted a law or 85.29 established procedures for issuance and enforcement of support 85.30 ordersthatwhich are substantially similar to the procedures 85.31 under this chapter, the Uniform Reciprocal Enforcement of 85.32 Support Act, or the Revised Uniform Reciprocal Enforcement of 85.33 Support Act. 85.34(u)(t) "Support enforcement agency" means a public 85.35 official or agency authorized to seek: 85.36 (1)seekenforcement of support orders or laws relating to 86.1 the duty of support; 86.2 (2)seekestablishment or modification of child support; 86.3 (3)seekdetermination of parentage; or 86.4 (4) to locate obligors or their assets. 86.5(v)(u) "Support order" means a judgment, decree, or order, 86.6 whether temporary, final, or subject to modification, for the 86.7 benefit of a child, a spouse, or a former spouse, which provides 86.8 for monetary support, health care, arrearages, or reimbursement, 86.9 and may include related costs and fees, interest, income 86.10 withholding, attorney's fees, and other relief. 86.11(w)(v) "Tribunal" means a court, administrative agency, or 86.12 quasi-judicial entity authorized to establish, enforce, or 86.13 modify support orders or to determine parentage. 86.14 Sec. 77. Minnesota Statutes 1996, section 518C.204, is 86.15 amended to read: 86.16 518C.204 [SIMULTANEOUS PROCEEDINGS IN ANOTHER STATE.] 86.17 (a) A tribunal of this state may exercise jurisdiction to 86.18 establish a support order if the petition or comparable pleading 86.19 is filed after apetition or comparablepleading is filed in 86.20 another state only if: 86.21 (1) the petition or comparable pleading in this state is 86.22 filed before the expiration of the time allowed in the other 86.23 state for filing a responsive pleading challenging the exercise 86.24 of jurisdiction by the other state; 86.25 (2) the contesting party timely challenges the exercise of 86.26 jurisdiction in the other state; and 86.27 (3) if relevant, this state is the home state of the child. 86.28 (b) A tribunal of this state may not exercise jurisdiction 86.29 to establish a support order if the petition or comparable 86.30 pleading is filed before a petition or comparable pleading is 86.31 filed in another state if: 86.32 (1) the petition or comparable pleading in the other state 86.33 is filed before the expiration of the time allowed in this state 86.34 for filing a responsive pleading challenging the exercise of 86.35 jurisdiction by this state; 86.36 (2) the contesting party timely challenges the exercise of 87.1 jurisdiction in this state; and 87.2 (3) if relevant, the other state is the home state of the 87.3 child. 87.4 Sec. 78. Minnesota Statutes 1996, section 518C.205, is 87.5 amended to read: 87.6 518C.205 [CONTINUING, EXCLUSIVE JURISDICTION.] 87.7 (a) A tribunal of this state issuing a support order 87.8 consistent with the law of this state has continuing, exclusive 87.9 jurisdiction over a child support order: 87.10 (1) as long as this state remains the residence of the 87.11 obligor, the individual obligee, or the child for whose benefit 87.12 the support order is issued; or 87.13 (2) untileach individual party hasall of the parties who 87.14 are individuals have filed writtenconsentconsents with the 87.15 tribunal of this state for a tribunal of another state to modify 87.16 the order and assume continuing, exclusive jurisdiction. 87.17 (b) A tribunal of this state issuing a child support order 87.18 consistent with the law of this state may not exercise its 87.19 continuing jurisdiction to modify the order if the order has 87.20 been modified by a tribunal of another statepursuantaccording 87.21 to this section or a law substantially similar to this chapter. 87.22 (c) If a child support order of this state is modified by a 87.23 tribunal of another statepursuantaccording to this section or 87.24 a law substantially similar to this chapter, a tribunal of this 87.25 state loses its continuing, exclusive jurisdiction with regard 87.26 to prospective enforcement of the order issued in this state, 87.27 and may only: 87.28 (1) enforce the order that was modified as to amounts 87.29 accruing before the modification; 87.30 (2) enforce nonmodifiable aspects of that order; and 87.31 (3) provide other appropriate relief for violations of that 87.32 order which occurred before the effective date of the 87.33 modification. 87.34 (d) A tribunal of this state shall recognize the 87.35 continuing, exclusive jurisdiction of a tribunal of another 87.36 state which has issued a child support orderpursuantaccording 88.1 to this section or a law substantially similar to this chapter. 88.2 (e) A temporary support order issued ex parte or pending 88.3 resolution of a jurisdictional conflict does not create 88.4 continuing, exclusive jurisdiction in the issuing tribunal. 88.5 (f) A tribunal of this state issuing a support order 88.6 consistent with the law of this state has continuing, exclusive 88.7 jurisdiction over a spousal support order throughout the 88.8 existence of the support obligation. A tribunal of this state 88.9 may not modify a spousal support order issued by a tribunal of 88.10 another state having continuing, exclusive jurisdiction over 88.11 that order under the law of that state. 88.12 Sec. 79. Minnesota Statutes 1996, section 518C.207, is 88.13 amended to read: 88.14 518C.207 [RECOGNITION CONTROLLING OF CHILD SUPPORT 88.15ORDERSORDER.] 88.16 (a)If a proceeding is brought under this chapter, and one88.17or more child support orders have been issued in this or another88.18state with regard to an obligor and a child, a tribunal of this88.19state shall apply the following rules in determining which order88.20to recognize for purposes of continuing, exclusive jurisdiction:88.21(1)If a proceeding is brought under this chapter and only 88.22 one tribunal has issued a child support order, the order of that 88.23 tribunal is controlling and must be recognized. 88.24 (b) If a proceeding is brought under this chapter, and two 88.25 or more child support orders have been issued by tribunals of 88.26 this state or another state with regard to the same obligor and 88.27 child, a tribunal of this state shall apply the rules in 88.28 paragraphs (1) to (3) determining which order to recognize for 88.29 purposes of continuing, exclusive jurisdiction. 88.30 (1) If only one of the tribunals would have continuing, 88.31 exclusive jurisdiction under this chapter, the order of that 88.32 tribunal is controlling and must be recognized. 88.33 (2) Iftwo ormore than one of the tribunals would have 88.34issued child support orders for the same obligor and child, and88.35only one of the tribunals would have continuing, exclusive88.36jurisdiction under this chapter, the order of that tribunal must89.1be recognizedcontinuing, exclusive jurisdiction under this 89.2 chapter, an order issued by a tribunal in the current home state 89.3 of the child is controlling and must be recognized, but if an 89.4 order has not been issued in the current home state of the 89.5 child, the most recently issued order controls and must be 89.6 recognized. 89.7 (3) Iftwo or morenone of the tribunals would haveissued89.8child support orders for the same obligor and child, and more89.9than one of the tribunals would havecontinuing, exclusive 89.10 jurisdiction under this chapter,an order issued by a tribunal89.11in the current home state of the child must be recognized, but89.12if an order has not been issued in the current home state of the89.13child, the order most recently issued must be recognizedthe 89.14 tribunal of this state having jurisdiction over the parties 89.15 shall issue a child support order, which controls and must be 89.16 recognized. 89.17(4)(c) If two or moretribunals have issuedchild support 89.18 orders have been issued for the same obligor and child, and none89.19of the tribunals would have continuing, exclusive jurisdiction89.20under this chapter, the tribunal of this state may issue a child89.21support order, which must be recognizedand if the obligor or 89.22 the individual obligee resides in this state, a party may 89.23 request a tribunal of this state to determine which order is 89.24 controlling and must be recognized under paragraph (b). The 89.25 request must be accompanied by a certified copy of every support 89.26 order in effect. The requesting party shall give notice of the 89.27 request to each party whose rights may be affected by the 89.28 determination. 89.29(b)(d) The tribunal thathasissuedanthe controlling 89.30 orderrecognizedunder paragraph (a), (b), or (c) is the 89.31 tribunalhavingthat has continuing, exclusive 89.32 jurisdiction under section 518C.205. 89.33 (e) A tribunal of this state which determines by order the 89.34 identity of the controlling order under paragraph (b), clause 89.35 (1) or (2), or which issues a new controlling order under 89.36 paragraph (b), clause (3), shall state in that order the basis 90.1 upon which the tribunal made its determination. 90.2 (f) Within 30 days after issuance of an order determining 90.3 the identity of the controlling order, the party obtaining the 90.4 order shall file a certified copy of the order with each 90.5 tribunal that issued or registered an earlier order of child 90.6 support. A party who obtains the order and fails to file a 90.7 certified copy is subject to appropriate sanctions by a tribunal 90.8 in which the issue of failure to file arises. The failure to 90.9 file does not affect the validity or enforceability of the 90.10 controlling order. 90.11 Sec. 80. Minnesota Statutes 1996, section 518C.301, is 90.12 amended to read: 90.13 518C.301 [PROCEEDINGS UNDER THIS CHAPTER.] 90.14 (a) Except as otherwise provided in this chapter, sections 90.15 518C.301 to 518C.319 apply to all proceedings under this chapter. 90.16 (b) This chapter provides for the following proceedings: 90.17 (1) establishment of an order for spousal support or child 90.18 supportpursuantaccording to section 518C.401; 90.19 (2) enforcement of a support order and income-withholding 90.20 order of another state without registrationpursuantaccording 90.21 tosectionssection 518C.501and 518C.502; 90.22 (3) registration of an order for spousal support or child 90.23 support of another state for enforcementpursuantaccording to 90.24 sections 518C.601 to 518C.612; 90.25 (4) modification of an order for child support or spousal 90.26 support issued by a tribunal of this statepursuantaccording to 90.27 sections 518C.203 to 518C.206; 90.28 (5) registration of an order for child support of another 90.29 state for modificationpursuantaccording to sections 518C.601 90.30 to 518C.612; 90.31 (6) determination of parentagepursuantaccording to 90.32 section 518C.701; and 90.33 (7) assertion of jurisdiction over nonresidentspursuant90.34 according to sections 518C.201 and 518C.202. 90.35 (c) An individual petitioner or a support enforcement 90.36 agency may commence a proceeding authorized under this chapter 91.1 by filing a petition in an initiating tribunal for forwarding to 91.2 a responding tribunal or by filing a petition or a comparable 91.3 pleading directly in a tribunal of another state which has or 91.4 can obtain personal jurisdiction over the respondent. 91.5 Sec. 81. Minnesota Statutes 1996, section 518C.304, is 91.6 amended to read: 91.7 518C.304 [DUTIES OF INITIATING TRIBUNAL.] 91.8 (a) Upon the filing of a petition authorized by this 91.9 chapter, an initiating tribunal of this state shall forward 91.10 three copies of the petition and its accompanying documents: 91.11 (1) to the responding tribunal or appropriate support 91.12 enforcement agency in the responding state; or 91.13 (2) if the identity of the responding tribunal is unknown, 91.14 to the state information agency of the responding state with a 91.15 request that they be forwarded to the appropriate tribunal and 91.16 that receipt be acknowledged. 91.17 (b) If a responding state has not enacted the language in 91.18 this chapter or a law or procedure substantially similar to this 91.19 chapter, a tribunal of this state may issue a certificate or 91.20 other document and make a finding required by the law of the 91.21 responding state. If the responding state is a foreign 91.22 jurisdiction, the tribunal may specify the amount of support 91.23 sought and provide other documents necessary to satisfy the 91.24 requirements of the responding state. 91.25 Sec. 82. Minnesota Statutes 1996, section 518C.305, is 91.26 amended to read: 91.27 518C.305 [DUTIES AND POWERS OF RESPONDING TRIBUNAL.] 91.28 (a) When a responding tribunal of this state receives a 91.29 petition or comparable pleading from an initiating tribunal or 91.30 directlypursuantaccording to section 518C.301, paragraph (c), 91.31 it shall cause the petition or pleading to be filed and notify 91.32 the petitioner by first class mail where and when it was filed. 91.33 (b) A responding tribunal of this state, to the extent 91.34 otherwise authorized by law, may do one or more of the following: 91.35 (1) issue or enforce a support order, modify a child 91.36 support order, or render a judgment to determine parentage; 92.1 (2) order an obligor to comply with a support order, 92.2 specifying the amount and the manner of compliance; 92.3 (3) order income withholding; 92.4 (4) determine the amount of any arrearages, and specify a 92.5 method of payment; 92.6 (5) enforce orders by civil or criminal contempt, or both; 92.7 (6) set aside property for satisfaction of the support 92.8 order; 92.9 (7) place liens and order execution on the obligor's 92.10 property; 92.11 (8) order an obligor to keep the tribunal informed of the 92.12 obligor's current residential address, telephone number, 92.13 employer, address of employment, and telephone number at the 92.14 place of employment; 92.15 (9) issue a bench warrant for an obligor who has failed 92.16 after proper notice to appear at a hearing ordered by the 92.17 tribunal and enter the bench warrant in any local and state 92.18 computer systems for criminal warrants; 92.19 (10) order the obligor to seek appropriate employment by 92.20 specified methods; 92.21 (11) award reasonable attorney's fees and other fees and 92.22 costs; and 92.23 (12) grant any other available remedy. 92.24 (c) A responding tribunal of this state shall include in a 92.25 support order issued under this chapter, or in the documents 92.26 accompanying the order, the calculations on which the support 92.27 order is based. 92.28 (d) A responding tribunal of this state may not condition 92.29 the payment of a support order issued under this chapter upon 92.30 compliance by a party with provisions for visitation. 92.31 (e) If a responding tribunal of this state issues an order 92.32 under this chapter, the tribunal shall send a copy of the order 92.33 by first class mail to the petitioner and the respondent and to 92.34 the initiating tribunal, if any. 92.35 Sec. 83. Minnesota Statutes 1996, section 518C.310, is 92.36 amended to read: 93.1 518C.310 [DUTIES OF STATE INFORMATION AGENCY.] 93.2 (a) The unit within the department of human services that 93.3 receives and disseminates incoming interstate actions under 93.4 title IV-D of the Social Security Act from section 518C.02, 93.5 subdivision 1a, is the state information agency under this 93.6 chapter. 93.7 (b) The state information agency shall: 93.8 (1) compile and maintain a current list, including 93.9 addresses, of the tribunals in this state which have 93.10 jurisdiction under this chapter and any support enforcement 93.11 agencies in this state and transmit a copy to the state 93.12 information agency of every other state; 93.13 (2) maintain a register of tribunals and support 93.14 enforcement agencies received from other states; 93.15 (3) forward to the appropriate tribunal in the place in 93.16 this state in which the individual obligee or the obligor 93.17 resides, or in which the obligor's property is believed to be 93.18 located, all documents concerning a proceeding under this 93.19 chapter received from an initiating tribunal or the state 93.20 information agency of the initiating state; and 93.21 (4) obtain information concerning the location of the 93.22 obligor and the obligor's property within this state not exempt 93.23 from execution, by such means as postal verification and federal 93.24 or state locator services, examination of telephone directories, 93.25 requests for the obligor's address from employers, and 93.26 examination of governmental records, including, to the extent 93.27 not prohibited by other law, those relating to real property, 93.28 vital statistics, law enforcement, taxation, motor vehicles, 93.29 driver's licenses, and social security; and93.30(5) determine which foreign jurisdictions and Indian tribes93.31have substantially similar procedures for issuance and93.32enforcement of support orders. The state information agency93.33shall compile and maintain a list, including addresses, of all93.34these foreign jurisdictions and Indian tribes. The state93.35information agency shall make this list available to all state93.36tribunals and all support enforcement agencies. 94.1 Sec. 84. Minnesota Statutes 1996, section 518C.401, is 94.2 amended to read: 94.3 518C.401 [PETITION TO ESTABLISH SUPPORT ORDER.] 94.4 (a) If a support order entitled to recognition under this 94.5 chapter has not been issued, a responding tribunal of this state 94.6 may issue a support order if: 94.7 (1) the individual seeking the order resides in another 94.8 state; or 94.9 (2) the support enforcement agency seeking the order is 94.10 located in another state. 94.11 (b) The tribunal may issue a temporary child support order 94.12 if: 94.13 (1) the respondent has signed a verified statement 94.14 acknowledging parentage; 94.15 (2) the respondent has been determined byor pursuant to94.16 law to be the parent; or 94.17 (3) there is other clear and convincing evidence that the 94.18 respondent is the child's parent. 94.19 (c) Upon a finding, after notice and opportunity to be 94.20 heard, that an obligor owes a duty of support, the tribunal 94.21 shall issue a support order directed to the obligor and may 94.22 issue other orderspursuantaccording to section 518C.305. 94.23 Sec. 85. Minnesota Statutes 1996, section 518C.501, is 94.24 amended to read: 94.25 518C.501 [RECOGNITIONEMPLOYER'S RECEIPT OF 94.26 INCOME-WITHHOLDING ORDER OF ANOTHER STATE.] 94.27(a)An income-withholding order issued in another state may 94.28 be sentby first class mailto the person or entity defined as 94.29 the obligor's employer under section 518.611or 518.613without 94.30 first filing a petition or comparable pleading or registering 94.31 the order with a tribunal of this state.Upon receipt of the94.32order, the employer shall:94.33(1) treat an income-withholding order issued in another94.34state which appears regular on its face as if it had been issued94.35by a tribunal of this state;94.36(2) immediately provide a copy of the order to the obligor;95.1and95.2(3) distribute the funds as directed in the withholding95.3order.95.4(b) An obligor may contest the validity or enforcement of95.5an income-withholding order issued in another state in the same95.6manner as if the order had been issued by a tribunal of this95.7state. Section 518C.604 applies to the contest. The obligor95.8shall give notice of the contest to any support enforcement95.9agency providing services to the obligee and to:95.10(1) the person or agency designated to receive payments in95.11the income-withholding order; or95.12(2) if no person or agency is designated, the obligee.95.13 Sec. 86. [518C.503] [EMPLOYER'S COMPLIANCE WITH 95.14 INCOME-WITHHOLDING ORDER OF ANOTHER STATE.] 95.15 (a) Upon receipt of an income-withholding order, the 95.16 obligor's employer shall immediately provide a copy of the order 95.17 to the obligor. 95.18 (b) The employer shall treat an income-withholding order 95.19 issued in another state which appears regular on its face as if 95.20 it had been issued by a tribunal of this state. 95.21 (c) Except as otherwise provided in paragraph (d) and 95.22 section 518C.504, the employer shall withhold and distribute the 95.23 funds specified in the withholding order by complying with the 95.24 terms of the order which specify: 95.25 (1) the duration and amount of periodic payments of current 95.26 child support, stated as a sum certain; 95.27 (2) the person or agency designated to receive payments and 95.28 the address to which the payments are to be forwarded; 95.29 (3) medical support, whether in the form of periodic cash 95.30 payment, stated as a sum certain, or ordering the obligor to 95.31 provide health insurance coverage for the child under a policy 95.32 available through the obligor's employment; 95.33 (4) the amount of periodic payments of fees and costs for a 95.34 support enforcement agency, the issuing tribunal, and the 95.35 obligee's attorney, stated as sums certain; and 95.36 (5) the amount of periodic payments of arrearages and 96.1 interest on arrearages, stated as sums certain. 96.2 (d) An employer shall comply with the laws of the state of 96.3 the obligor's principal place of employment for withholding from 96.4 income with respect to: 96.5 (1) the employer's fee for processing an income-withholding 96.6 order; 96.7 (2) the maximum amount permitted to be withheld from the 96.8 obligor's income; and 96.9 (3) the times within which the employer must implement the 96.10 withholding order and forward the child support payment. 96.11 Sec. 87. [518C.504] [COMPLIANCE WITH MULTIPLE 96.12 INCOME-WITHHOLDING ORDERS.] 96.13 If an obligor's employer receives multiple 96.14 income-withholding orders with respect to the earnings of the 96.15 same obligor, the employer satisfies the terms of the multiple 96.16 orders if the employer complies with the law of the state of the 96.17 obligor's principal place of employment to establish the 96.18 priorities for withholding and allocating income withheld for 96.19 multiple child support obligees. 96.20 Sec. 88. [518C.505] [IMMUNITY FROM CIVIL LIABILITY.] 96.21 An employer who complies with an income-withholding order 96.22 issued in another state according to this chapter is not subject 96.23 to civil liability to an individual or agency with regard to the 96.24 employer's withholding of child support from the obligor's 96.25 income. 96.26 Sec. 89. [518C.506] [PENALTIES FOR NONCOMPLIANCE.] 96.27 An employer who willfully fails to comply with an 96.28 income-withholding order issued by another state and received 96.29 for enforcement is subject to the same penalties that may be 96.30 imposed for noncompliance with an order issued by a tribunal of 96.31 this state. 96.32 Sec. 90. [518C.507] [CONTEST BY OBLIGOR.] 96.33 (a) An obligor may contest the validity or enforcement of 96.34 an income-withholding order issued in another state and received 96.35 directly by an employer in this state in the same manner as if 96.36 the order had been issued by a tribunal of this state. Section 97.1 518C.604 applies to the contested order. 97.2 (b) The obligor shall give notice of the contested order to: 97.3 (1) a support enforcement agency providing services to the 97.4 obligee; 97.5 (2) each employer that has directly received an 97.6 income-withholding order; and 97.7 (3) the person or agency designated to receive payments in 97.8 the income-withholding order or if no person or agency is 97.9 designated, to the obligee. 97.10 Sec. 91. [518C.508] [ADMINISTRATIVE ENFORCEMENT OF 97.11 ORDERS.] 97.12 (a) A party seeking to enforce a support order or an 97.13 income-withholding order, or both, issued by a tribunal of 97.14 another state may send the documents required for registering 97.15 the order to a support enforcement agency of this state. 97.16 (b) Upon receipt of the documents, the support enforcement 97.17 agency, without initially seeking to register the order, shall 97.18 consider and may use any administrative procedure authorized by 97.19 the laws of this state to enforce a support order or an 97.20 income-withholding order, or both. If the obligor does not 97.21 contest administrative enforcement, the order need not be 97.22 registered. If the obligor contests the validity or 97.23 administrative enforcement of the order, the support enforcement 97.24 agency shall register the order under this chapter. 97.25 Sec. 92. Minnesota Statutes 1996, section 518C.603, is 97.26 amended to read: 97.27 518C.603 [EFFECT OF REGISTRATION FOR ENFORCEMENT.] 97.28 (a) A support order or income-withholding order issued in 97.29 another state is registered when the order is filed in the 97.30 registering tribunal of this state. 97.31 (b) A registered order issued in another state is 97.32 enforceable in the same manner and is subject to the same 97.33 procedures as an order issued by a tribunal of this state. 97.34 (c) Except as otherwise provided insections 518C.601 to97.35518C.612this chapter, a tribunal of this state shall recognize 97.36 and enforce, but may not modify, a registered order if the 98.1 issuing tribunal had jurisdiction. 98.2 Sec. 93. Minnesota Statutes 1996, section 518C.605, is 98.3 amended to read: 98.4 518C.605 [NOTICE OF REGISTRATION OF ORDER.] 98.5 (a) When a support order or income-withholding order issued 98.6 in another state is registered, the registering tribunal shall 98.7 notify the nonregistering party. Notice must be given by 98.8 certified or registered mail or by any means of personal service 98.9 authorized by the law of this state. The notice must be 98.10 accompanied by a copy of the registered order and the documents 98.11 and relevant information accompanying the order. 98.12 (b) The notice must inform the nonregistering party: 98.13 (1) that a registered order is enforceable as of the date 98.14 of registration in the same manner as an order issued by a 98.15 tribunal of this state; 98.16 (2) that a hearing to contest the validity or enforcement 98.17 of the registered order must be requested within 20 days after 98.18 the date of mailing or personal service of the notice; 98.19 (3) that failure to contest the validity or enforcement of 98.20 the registered order in a timely manner will result in 98.21 confirmation of the order and enforcement of the order and the 98.22 alleged arrearages and precludes further contest of that order 98.23 with respect to any matter that could have been asserted; and 98.24 (4) of the amount of any alleged arrearages. 98.25 (c) Upon registration of an income-withholding order for 98.26 enforcement, the registering tribunal shall notify the obligor's 98.27 employerpursuantaccording to section 518.611or 518.613. 98.28 Sec. 94. Minnesota Statutes 1996, section 518C.608, is 98.29 amended to read: 98.30 518C.608 [CONFIRMED ORDER.] 98.31If a contesting party has received notice of registration98.32under section 518C.605,Confirmation of a registered order, 98.33 whether by operation of law or after notice and hearing, 98.34 precludes further contest of the orderbased upon facts that98.35were known by the contesting party at the time of registration98.36with respect to any matter that could have been asserted at the99.1time of registrationwith respect to any matter that could have 99.2 been asserted at the time of registration. 99.3 Sec. 95. Minnesota Statutes 1996, section 518C.611, is 99.4 amended to read: 99.5 518C.611 [MODIFICATION OF CHILD SUPPORT ORDER OF ANOTHER 99.6 STATE.] 99.7 (a) After a child support order issued in another state has 99.8 been registered in this state, the responding tribunal of this 99.9 state may modify that order only if,section 518C.613 does not 99.10 apply and after notice and hearing, it finds that: 99.11 (1) the following requirements are met: 99.12 (i) the child, the individual obligee, and the obligor do 99.13 not reside in the issuing state; 99.14 (ii) a petitioner who is a nonresident of this state seeks 99.15 modification; and 99.16 (iii) the respondent is subject to the personal 99.17 jurisdiction of the tribunal of this state; or 99.18 (2)an individual party orthe child, or a party who is an 99.19 individual, is subject to the personal jurisdiction of the 99.20 tribunal of this state and all of theindividualparties who are 99.21 individuals have filedawrittenconsentconsents in the issuing 99.22 tribunalproviding thatfor a tribunal of this statemayto 99.23 modify the support order and assume continuing, exclusive 99.24 jurisdiction over the order. However, if the issuing state is a 99.25 foreign jurisdiction that has not enacted a law or established 99.26 procedures substantially similar to the procedures in this 99.27 chapter, the consent otherwise required of an individual 99.28 residing in this state is not required for the tribunal to 99.29 assume jurisdiction to modify the child support order. 99.30 (b) Modification of a registered child support order is 99.31 subject to the same requirements, procedures, and defenses that 99.32 apply to the modification of an order issued by a tribunal of 99.33 this state and the order may be enforced and satisfied in the 99.34 same manner. 99.35 (c) A tribunal of this state may not modify any aspect of a 99.36 child support order that may not be modified under the law of 100.1 the issuing state. If two or more tribunals have issued child 100.2 support orders for the same obligor and child, the order that 100.3 controls and must be recognized under section 518C.207 100.4 establishes the aspects of the support order which are 100.5 nonmodifiable. 100.6 (d) On issuance of an order modifying a child support order 100.7 issued in another state, a tribunal of this state becomes the 100.8 tribunal of continuing, exclusive jurisdiction. 100.9(e) Within 30 days after issuance of a modified child100.10support order, the party obtaining the modification shall file a100.11certified copy of the order with the issuing tribunal which had100.12continuing, exclusive jurisdiction over the earlier order, and100.13in each tribunal in which the party knows that earlier order has100.14been registered.100.15 Sec. 96. Minnesota Statutes 1996, section 518C.612, is 100.16 amended to read: 100.17 518C.612 [RECOGNITION OF ORDER MODIFIED IN ANOTHER STATE.] 100.18 A tribunal of this state shall recognize a modification of 100.19 its earlier child support order by a tribunal of another state 100.20 which assumed jurisdictionpursuantaccording to this chapter or 100.21 a law substantially similar to this chapter and, upon request, 100.22 except as otherwise provided in this chapter, shall: 100.23 (1) enforce the order that was modified only as to amounts 100.24 accruing before the modification; 100.25 (2) enforce only nonmodifiable aspects of that order; 100.26 (3) provide other appropriate relief only for violations of 100.27 that order which occurred before the effective date of the 100.28 modification; and 100.29 (4) recognize the modifying order of the other state, upon 100.30 registration, for the purpose of enforcement. 100.31 Sec. 97. [518C.613] [JURISDICTION TO MODIFY CHILD SUPPORT 100.32 ORDER OF ANOTHER STATE WHEN INDIVIDUAL PARTIES RESIDE IN THIS 100.33 STATE.] 100.34 (a) If all of the parties who are individuals reside in 100.35 this state and the child does not reside in the issuing state, a 100.36 tribunal of this state has jurisdiction to enforce and to modify 101.1 the issuing state's child support order in a proceeding to 101.2 register that order. 101.3 (b) A tribunal of this state exercising jurisdiction under 101.4 this section shall apply the provisions of sections 518C.101 to 101.5 518C.209, and the procedural and substantive laws of this state 101.6 to the proceeding for enforcement or modification. Sections 101.7 518C.301 to 518C.507 and sections 518C.701 to 518C.802 do not 101.8 apply. 101.9 Sec. 98. [518C.614] [NOTICE TO ISSUING TRIBUNAL OF 101.10 MODIFICATION.] 101.11 Within 30 days after issuance of a modified child support 101.12 order, the party obtaining the modification shall file a 101.13 certified copy of the order with the issuing tribunal that had 101.14 continuing, exclusive jurisdiction over the earlier order, and 101.15 in each tribunal in which the party knows the earlier order has 101.16 been registered. A party who obtains the order and fails to 101.17 file a certified copy is subject to appropriate sanctions by a 101.18 tribunal in which the issue of failure to file arises. The 101.19 failure to file does not affect the validity or enforceability 101.20 of the modified order of the new tribunal having continuing, 101.21 exclusive jurisdiction. 101.22 Sec. 99. [CHILD SUPPORT ENFORCEMENT PROGRAM; SERVICES 101.23 DELIVERY STUDY.] 101.24 The commissioner of human services shall conduct a study of 101.25 the overall state child support enforcement delivery system in 101.26 order to appropriately meet the performance requirements of new 101.27 federal law. 101.28 Sec. 100. [AGENCY CONSULTATION ON SUSPENDING RECREATIONAL 101.29 LICENSES.] 101.30 The commissioner shall consult with other state agencies to 101.31 establish procedures to meet federal requirements to suspend 101.32 recreational licenses of child support obligors who fail to pay 101.33 child support. 101.34 Sec. 101. [REPEALER.] 101.35 (a) Minnesota Statutes 1996, section 518C.9011, is repealed. 101.36 (b) Minnesota Statutes 1996, sections 8.35; 256.74; 102.1 256.979, subdivision 9; 518.5511, subdivisions 5, 6, 7, 8, and 102.2 9; 518.611, subdivision 1; 518.613; and 518C.502, are repealed 102.3 effective July 1, 1997.