SF 1817

as introduced - 81st Legislature (1999 - 2000) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to marriage dissolution; providing for 
  1.3             suspension of hunting and fishing licenses of certain 
  1.4             persons who are in arrears on support or maintenance 
  1.5             payments; amending Minnesota Statutes 1998, section 
  1.6             518.551, subdivision 13a, and by adding a subdivision. 
  1.7   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.8      Section 1.  Minnesota Statutes 1998, section 518.551, 
  1.9   subdivision 13a, is amended to read: 
  1.10     Subd. 13a.  [DATA ON SUSPENSIONS FOR SUPPORT ARREARS.] 
  1.11  Notwithstanding section 13.03, subdivision 4, paragraph (c), 
  1.12  data on an occupational license suspension under subdivision 12 
  1.13  or, a driver's license suspension under subdivision 13, or a 
  1.14  hunting or fishing license suspension under subdivision 15 that 
  1.15  are transferred by the department of human services to 
  1.16  respectively the department of public safety or any state, 
  1.17  county, or municipal occupational licensing agency must have the 
  1.18  same classification at the department of public safety or other 
  1.19  receiving agency under section 13.02 as other license suspension 
  1.20  data held by the receiving agency.  The transfer of the data 
  1.21  does not affect the classification of the data in the hands of 
  1.22  the department of human services. 
  1.23     Sec. 2.  Minnesota Statutes 1998, section 518.551, is 
  1.24  amended by adding a subdivision to read: 
  1.25     Subd. 15.  [HUNTING AND FISHING LICENSE SUSPENSION.] (a) 
  1.26  Upon motion of an obligee, which has been properly served on the 
  2.1   obligor and upon which there has been an opportunity for 
  2.2   hearing, if a court finds that the obligor has been or may be 
  2.3   issued a license to hunt or fish by the commissioner of natural 
  2.4   resources and the obligor is in arrears in court-ordered child 
  2.5   support or maintenance payments, or both, in an amount equal to 
  2.6   or greater than three times the obligor's total monthly support 
  2.7   and maintenance payments and is not in compliance with a written 
  2.8   payment agreement regarding both current support and arrearages 
  2.9   approved by the court, an administrative law judge, or the 
  2.10  public authority, the court shall order the commissioner of 
  2.11  natural resources to suspend the obligor's hunting and fishing 
  2.12  licenses.  The court's order must be stayed for 90 days in order 
  2.13  to allow the obligor to execute a written payment agreement 
  2.14  regarding both current support and arrearages, which payment 
  2.15  agreement must be approved by either the court or the public 
  2.16  authority responsible for child support enforcement.  If the 
  2.17  obligor has not executed or is not in compliance with a written 
  2.18  payment agreement regarding both current support and arrearages 
  2.19  after the 90 days expires, the court's order becomes effective 
  2.20  and the commissioner of natural resources shall suspend the 
  2.21  obligor's hunting and fishing licenses.  The remedy under this 
  2.22  subdivision is in addition to any other enforcement remedy 
  2.23  available to the court.  An obligee may not bring a motion under 
  2.24  this paragraph within 12 months of a denial of a previous motion 
  2.25  under this paragraph. 
  2.26     (b) If a public authority responsible for child support 
  2.27  enforcement determines that the obligor has been or may be 
  2.28  issued a hunting or fishing license by the commissioner of 
  2.29  natural resources and the obligor is in arrears in court-ordered 
  2.30  child support or maintenance payments or both in an amount equal 
  2.31  to or greater than three times the obligor's total monthly 
  2.32  support and maintenance payments and not in compliance with a 
  2.33  written payment agreement regarding both current support and 
  2.34  arrearages approved by the court, an administrative law judge, 
  2.35  or the public authority, the public authority shall direct the 
  2.36  commissioner of natural resources to suspend the obligor's 
  3.1   hunting and fishing licenses.  The remedy under this subdivision 
  3.2   is in addition to any other enforcement remedy available to the 
  3.3   public authority. 
  3.4      (c) At least 90 days prior to notifying the commissioner of 
  3.5   natural resources according to paragraph (b), the public 
  3.6   authority must mail a written notice to the obligor at the 
  3.7   obligor's last known address, that it intends to seek suspension 
  3.8   of the obligor's hunting and fishing licenses and that the 
  3.9   obligor must request a hearing within 30 days in order to 
  3.10  contest the suspension.  If the obligor makes a written request 
  3.11  for a hearing within 30 days of the date of the notice, either a 
  3.12  court hearing or a contested administrative proceeding must be 
  3.13  held under section 518.5511, subdivision 4.  Notwithstanding any 
  3.14  law to the contrary, the obligor must be served with 14 days' 
  3.15  notice in writing specifying the time and place of the hearing 
  3.16  and the allegations against the obligor.  The notice may be 
  3.17  served personally or by mail.  If the public authority does not 
  3.18  receive a request for a hearing within 30 days of the date of 
  3.19  the notice, and the obligor does not execute a written payment 
  3.20  agreement regarding both current support and arrearages approved 
  3.21  by the public authority within 90 days of the date of the 
  3.22  notice, the public authority shall direct the commissioner of 
  3.23  natural resources to suspend the obligor's hunting and fishing 
  3.24  licenses under paragraph (b). 
  3.25     (d) At a hearing requested by the obligor under paragraph 
  3.26  (c), and on finding that the obligor is in arrears in 
  3.27  court-ordered child support or maintenance payments or both in 
  3.28  an amount equal to or greater than three times the obligor's 
  3.29  total monthly support and maintenance payments, the district 
  3.30  court or the administrative law judge shall order the 
  3.31  commissioner of natural resources to suspend the obligor's 
  3.32  hunting and fishing licenses unless the court or administrative 
  3.33  law judge determines that the obligor has executed and is in 
  3.34  compliance with a written payment agreement regarding both 
  3.35  current support and arrearages approved by the court, an 
  3.36  administrative law judge, or the public authority. 
  4.1      (e) An obligor whose hunting or fishing license is 
  4.2   suspended may provide proof to the public authority responsible 
  4.3   for child support enforcement that the obligor is in compliance 
  4.4   with all written payment agreements regarding both current 
  4.5   support and arrearages.  Within 15 days of the receipt of that 
  4.6   proof, the public authority shall inform the commissioner of 
  4.7   natural resources that the obligor's hunting or fishing license 
  4.8   should no longer be suspended. 
  4.9      (f) On January 15, 2001, and every two years after that, 
  4.10  the commissioner of human services shall submit a report to the 
  4.11  legislature that identifies the following information relevant 
  4.12  to the implementation of this section: 
  4.13     (1) the number of child support obligors notified of an 
  4.14  intent to suspend a hunting or fishing license; 
  4.15     (2) the amount collected in payments from the child support 
  4.16  obligors notified of an intent to suspend a hunting or fishing 
  4.17  license; 
  4.18     (3) the number of cases paid in full and payment agreements 
  4.19  executed in response to notification of an intent to suspend a 
  4.20  hunting or fishing license; 
  4.21     (4) the number of cases in which there has been 
  4.22  notification and no payments or payment agreements; 
  4.23     (5) the number of hunting or fishing licenses suspended; 
  4.24  and 
  4.25     (6) the cost of implementation and operation of the 
  4.26  requirements of this section.