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Minnesota Legislature

Office of the Revisor of Statutes

SF 1017

1st Engrossment - 79th Legislature (1995 - 1996) Posted on 12/15/2009 12:00am

KEY: stricken = removed, old language.
underscored = added, new language.

Current Version - 1st Engrossment

  1.1                          A bill for an act 
  1.2             relating to drivers' licenses; providing for 
  1.3             suspension of a driver's license for failure to pay 
  1.4             child support; appropriating money; amending Minnesota 
  1.5             Statutes 1994, sections 518.551, by adding a 
  1.6             subdivision; proposing coding for new law in Minnesota 
  1.7             Statutes, chapter 171. 
  1.8   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.9      Section 1.  [171.186] [SUSPENSION; NONPAYMENT OF SUPPORT.] 
  1.10     Subdivision 1.  [SUSPENSION.] The commissioner shall 
  1.11  suspend a person's driver's license or operating privileges 
  1.12  without a hearing upon receipt of a court order or notice from a 
  1.13  public authority responsible for child support enforcement that 
  1.14  states that the driver is in arrears in court-ordered child 
  1.15  support or maintenance payments, or both, in an amount equal to 
  1.16  or greater than four times the obligor's total monthly support 
  1.17  and maintenance payments, and is not in compliance with a 
  1.18  written payment agreement regarding both current support and 
  1.19  arrearages approved by a court, an administrative law judge, or 
  1.20  the public authority responsible for child support enforcement, 
  1.21  in accordance with section 518.551, subdivision 13. 
  1.22     Subd. 2.  [NOTICE.] Upon suspending a driver's license or 
  1.23  operating privileges under this section, the department shall 
  1.24  immediately notify the licensee, in writing, by mailing a notice 
  1.25  addressed to the licensee at the licensee's last known address. 
  1.26     Subd. 3.  [DURATION.] A license or operating privilege must 
  2.1   remain suspended and may not be reinstated, nor may a license be 
  2.2   subsequently issued to the person, until the commissioner 
  2.3   receives notice from the court, an administrative law judge, or 
  2.4   public authority responsible for child support enforcement that 
  2.5   the person is in compliance with all current orders of support 
  2.6   or written payment agreements regarding both current support and 
  2.7   arrearages.  A fee may not be assessed for reinstatement of a 
  2.8   license under this section.  
  2.9      Sec. 2.  Minnesota Statutes 1994, section 518.551, is 
  2.10  amended by adding a subdivision to read: 
  2.11     Subd. 13.  [DRIVER'S LICENSE SUSPENSION.] (a) Upon motion 
  2.12  of an obligee, if a court finds that the obligor has been or may 
  2.13  be issued a driver's license by the commissioner of public 
  2.14  safety and the obligor is in arrears in court-ordered child 
  2.15  support or maintenance payments, or both, in an amount equal to 
  2.16  or greater than four times the obligor's total monthly support 
  2.17  and maintenance payments, and is not in compliance with a 
  2.18  written payment agreement regarding both current support and 
  2.19  arrearages approved by the court, an administrative law judge, 
  2.20  or the public authority, the court shall order the commissioner 
  2.21  of public safety to suspend the obligor's driver's license.  The 
  2.22  court's order must be stayed for 90 days in order to allow the 
  2.23  obligor to execute a written payment agreement regarding both 
  2.24  current support and arrearages, which payment agreement must be 
  2.25  approved by either the court or the public authority responsible 
  2.26  for child support enforcement.  If the obligor has not executed 
  2.27  or is not in compliance with a written payment agreement 
  2.28  regarding both current support and arrearages after the 90 days 
  2.29  expires, the court's order becomes effective and the 
  2.30  commissioner of public safety shall suspend the obligor's 
  2.31  driver's license.  The remedy under this subdivision is in 
  2.32  addition to any other enforcement remedy available to the 
  2.33  court.  An obligee may not bring a motion under this paragraph 
  2.34  within 12 months of a denial of a previous motion under this 
  2.35  paragraph. 
  2.36     (b) If a public authority responsible for child support 
  3.1   enforcement determines that the obligor has been or may be 
  3.2   issued a driver's license by the commissioner of public safety 
  3.3   and the obligor is in arrears in court-ordered child support or 
  3.4   maintenance payments, or both, in the amount equal to or greater 
  3.5   than four times the obligor's total monthly support and 
  3.6   maintenance payments, and not in compliance with a written 
  3.7   payment agreement regarding both current support and arrearages 
  3.8   approved by the court, an administrative law judge, or the 
  3.9   public authority, the public authority shall direct the 
  3.10  commissioner of public safety to suspend the obligor's driver's 
  3.11  license.  The remedy under this subdivision is in addition to 
  3.12  any other enforcement remedy available to the public authority. 
  3.13     (c) At least 90 days prior to notifying the commissioner of 
  3.14  public safety pursuant to paragraph (b), the public authority 
  3.15  must mail a written notice to the obligor at the obligor's last 
  3.16  known address, that it intends to seek suspension of the 
  3.17  obligor's driver's license and that the obligor must request a 
  3.18  hearing within 30 days in order to contest the suspension.  If 
  3.19  the obligor makes a written request for a hearing within 30 days 
  3.20  of the date of the notice, either a court hearing or a contested 
  3.21  administrative proceeding must be held under section 518.5511, 
  3.22  subdivision 4.  Notwithstanding any law to the contrary, the 
  3.23  obligor must be served with 14 days' notice in writing 
  3.24  specifying the time and place of the hearing and the allegations 
  3.25  against the obligor.  The notice may be served personally or by 
  3.26  mail.  If the public authority does not receive a request for a 
  3.27  hearing within 30 days of the date of the notice, and the 
  3.28  obligor does not execute a written payment agreement regarding 
  3.29  both current support and arrearages approved by the court, an 
  3.30  administrative law judge, or the public authority within 90 days 
  3.31  of the date of the notice, the public authority shall direct the 
  3.32  commissioner of public safety to suspend the obligor's driver's 
  3.33  license under paragraph (b). 
  3.34     (d) If a person's license is improperly suspended under 
  3.35  this subdivision, the person may recover reasonable expenses 
  3.36  from the responsible agency for expenses associated with having 
  4.1   the suspension removed. 
  4.2      (e) At a hearing requested by the obligor under paragraph 
  4.3   (c), and on finding that the obligor is in arrears in 
  4.4   court-ordered child support or maintenance payments, or both, in 
  4.5   the amount equal to or greater than four times the obligor's 
  4.6   total monthly support and maintenance payments, the district 
  4.7   court or the administrative law judge shall order the 
  4.8   commissioner of public safety to suspend the obligor's driver's 
  4.9   license or operating privileges unless the court or 
  4.10  administrative law judge determines that the obligor has 
  4.11  executed and is in compliance with a written payment agreement 
  4.12  regarding both current support and arrearages approved by the 
  4.13  court, an administrative law judge, or the public authority. 
  4.14     (f) An obligor whose driver's license or operating 
  4.15  privileges are suspended may provide proof to the court or the 
  4.16  public authority responsible for child support enforcement that 
  4.17  the obligor is in compliance with all written payment agreements 
  4.18  regarding both current support and arrearages.  Within 15 days 
  4.19  of the receipt of that proof, the court or public authority 
  4.20  shall inform the commissioner of public safety that the 
  4.21  obligor's driver's license or operating privileges should no 
  4.22  longer be suspended. 
  4.23     (g) On January 15, 1997, and every two years after that, 
  4.24  the commissioner of human services shall submit a report to the 
  4.25  legislature that identifies the following information relevant 
  4.26  to the implementation of this section: 
  4.27     (1) the number of child support obligors notified of an 
  4.28  intent to suspend a driver's license; 
  4.29     (2) the amount collected in payments from the child support 
  4.30  obligors notified of an intent to suspend a driver's license; 
  4.31     (3) the number of payment agreements executed in response 
  4.32  to notification of an intent to suspend a driver's license; 
  4.33     (4) the number of drivers' licenses suspended; and 
  4.34     (5) the cost of implementation and operation of the 
  4.35  requirements of this section. 
  4.36     Sec. 3.  [APPROPRIATIONS.] 
  5.1      $....... is appropriated from the general fund to the 
  5.2   commissioner of human services to allow the commissioner to seek 
  5.3   the suspension of drivers' licenses under Minnesota Statutes, 
  5.4   section 518.551, subdivision 13, to be available until June 30, 
  5.5   1997.