5th Engrossment - 79th Legislature (1995 - 1996) Posted on 12/15/2009 12:00am
1.1 A bill for an act 1.2 relating to family law; providing for enforcement of 1.3 child support obligations; expanding enforcement 1.4 remedies for child support; authorizing programs; 1.5 providing for resolution of custody and visitation 1.6 disputes; creating a central child support payment 1.7 center; modifying child support data collection and 1.8 publication; imposing penalties; changing provisions 1.9 relating to recognition of parentage; adding 1.10 provisions for administrative proceedings; modifying 1.11 children's supervised visitation facilities; providing 1.12 for studies; appropriating money; amending Minnesota 1.13 Statutes 1994, sections 13.46, subdivision 2; 168A.05, 1.14 subdivisions 2, 3, 7, and by adding a subdivision; 1.15 168A.16; 168A.20, by adding a subdivision; 168A.21; 1.16 168A.29, subdivision 1; 171.12, by adding a 1.17 subdivision; 214.101, subdivisions 1 and 4; 256.87, 1.18 subdivision 5; 256.978, subdivision 1; 256H.02; 1.19 257.34, by adding a subdivision; 257.55, subdivision 1.20 1; 257.57, subdivision 2; 257.60; 257.66, subdivision 1.21 4; 257.67, subdivision 1; 257.75, subdivision 3, and 1.22 by adding a subdivision; 517.08, subdivisions 1b and 1.23 1c; 518.171, subdivision 2a; 518.175, by adding a 1.24 subdivision; 518.18; 518.24; 518.551, subdivisions 5, 1.25 12, and by adding subdivisions; 518.5511, subdivisions 1.26 1, 2, 3, 4, 5, 7, and 9; 518.575; 518.611, 1.27 subdivisions 1, 2, 5, 6, and 8a; 518.613, subdivisions 1.28 1, 2, and by adding a subdivision; 518.614, 1.29 subdivision 1; 518.64, subdivisions 2, 4, and by 1.30 adding a subdivision; 518C.310; 548.15; and 609.375, 1.31 subdivision 1; proposing coding for new law in 1.32 Minnesota Statutes, chapters 145; 171; 256; 257; and 1.33 518; repealing Minnesota Statutes 1994, sections 1.34 214.101, subdivisions 2 and 3; 518.561; 518.611, 1.35 subdivision 8; and 518.64, subdivision 6. 1.36 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 1.37 ARTICLE 1 1.38 CHILD SUPPORT ENFORCEMENT AND COOPERATION FOR CHILDREN 1.39 Section 1. Minnesota Statutes 1994, section 13.46, 1.40 subdivision 2, is amended to read: 2.1 Subd. 2. [GENERAL.] (a) Unless the data is summary data or 2.2 a statute specifically provides a different classification, data 2.3 on individuals collected, maintained, used, or disseminated by 2.4 the welfare system is private data on individuals, and shall not 2.5 be disclosed except: 2.6 (1) pursuant to section 13.05; 2.7 (2) pursuant to court order; 2.8 (3) pursuant to a statute specifically authorizing access 2.9 to the private data; 2.10 (4) to an agent of the welfare system, including a law 2.11 enforcement person, attorney, or investigator acting for it in 2.12 the investigation or prosecution of a criminal or civil 2.13 proceeding relating to the administration of a program; 2.14 (5) to personnel of the welfare system who require the data 2.15 to determine eligibility, amount of assistance, and the need to 2.16 provide services of additional programs to the individual; 2.17 (6) to administer federal funds or programs; 2.18 (7) between personnel of the welfare system working in the 2.19 same program; 2.20 (8) the amounts of cash public assistance and relief paid 2.21 to welfare recipients in this state, including their names and 2.22 social security numbers, upon request by the department of 2.23 revenue to administer the property tax refund law, supplemental 2.24 housing allowance, and the income tax; 2.25 (9) to the Minnesota department of economic security for 2.26 the purpose of monitoring the eligibility of the data subject 2.27 for reemployment insurance, for any employment or training 2.28 program administered, supervised, or certified by that agency, 2.29 or for the purpose of administering any rehabilitation program, 2.30 whether alone or in conjunction with the welfare system, and to 2.31 verify receipt of energy assistance for the telephone assistance 2.32 plan; 2.33 (10) to appropriate parties in connection with an emergency 2.34 if knowledge of the information is necessary to protect the 2.35 health or safety of the individual or other individuals or 2.36 persons; 3.1 (11) data maintained by residential facilities as defined 3.2 in section 245A.02 may be disclosed to the protection and 3.3 advocacy system established in this state pursuant to Part C of 3.4 Public Law Number 98-527 to protect the legal and human rights 3.5 of persons with mental retardation or other related conditions 3.6 who live in residential facilities for these persons if the 3.7 protection and advocacy system receives a complaint by or on 3.8 behalf of that person and the person does not have a legal 3.9 guardian or the state or a designee of the state is the legal 3.10 guardian of the person; 3.11 (12) to the county medical examiner or the county coroner 3.12 for identifying or locating relatives or friends of a deceased 3.13 person; 3.14 (13) data on a child support obligor who makes payments to 3.15 the public agency may be disclosed to the higher education 3.16 coordinating board to the extent necessary to determine 3.17 eligibility under section 136A.121, subdivision 2, clause (5); 3.18 (14) participant social security numbers and names 3.19 collected by the telephone assistance program may be disclosed 3.20 to the department of revenue to conduct an electronic data match 3.21 with the property tax refund database to determine eligibility 3.22 under section 237.70, subdivision 4a; 3.23 (15) the current address of a recipient of aid to families 3.24 with dependent children may be disclosed to law enforcement 3.25 officers who provide the name and social security number of the 3.26 recipient and satisfactorily demonstrate that: (i) the 3.27 recipient is a fugitive felon, including the grounds for this 3.28 determination; (ii) the location or apprehension of the felon is 3.29 within the law enforcement officer's official duties; and (iii) 3.30 the request is made in writing and in the proper exercise of 3.31 those duties; 3.32 (16) the current address of a recipient of general 3.33 assistance, work readiness, or general assistance medical care 3.34 may be disclosed to probation officers and corrections agents 3.35 who are supervising the recipient, and to law enforcement 3.36 officers who are investigating the recipient in connection with 4.1 a felony level offense; 4.2 (17) information obtained from food stamp applicant or 4.3 recipient households may be disclosed to local, state, or 4.4 federal law enforcement officials, upon their written request, 4.5 for the purpose of investigating an alleged violation of the 4.6 food stamp act, in accordance with Code of Federal Regulations, 4.7 title 7, section 272.1(c);
or4.8 (18) data on a child support obligor who is in arrears may 4.9 be disclosed for purposes of publishing the data pursuant to 4.10 section 518.575; or 4.11 (19) data in the work reporting system may be disclosed 4.12 under section 256.998, subdivision 7. 4.13 (b) Information on persons who have been treated for drug 4.14 or alcohol abuse may only be disclosed in accordance with the 4.15 requirements of Code of Federal Regulations, title 42, sections 4.16 2.1 to 2.67. 4.17 (c) Data provided to law enforcement agencies under 4.18 paragraph (a), clause (15), (16), or (17), or paragraph (b), are 4.19 investigative data and are confidential or protected nonpublic 4.20 while the investigation is active. The data are private after 4.21 the investigation becomes inactive under section 13.82, 4.22 subdivision 5, paragraph (a) or (b). 4.23 (d) Mental health data shall be treated as provided in 4.24 subdivisions 7, 8, and 9, but is not subject to the access 4.25 provisions of subdivision 10, paragraph (b). 4.26 Sec. 2. Minnesota Statutes 1994, section 168A.05, 4.27 subdivision 2, is amended to read: 4.28 Subd. 2. [RECORD OF CERTIFICATES ISSUED.] The department 4.29 shall maintain a record of all certificates of title issued by 4.30 it: 4.31 (1) Under a distinctive title number assigned to the 4.32 vehicle; 4.33 (2) By vehicle identifying number; 4.34 (3) Alphabetically, under the name of the owner. 4.35 Such record shall consist of the certificate of title, 4.36 including the notations of all security interests recorded, 5.1 assigned, terminated, or released and liens filed pursuant to a 5.2 court order or by a public authority responsible for child 5.3 support enforcement of which the department has notice, of 5.4 duplicate certificates issued or applied for, and such other 5.5 information as the department may deem proper. 5.6 Sec. 3. Minnesota Statutes 1994, section 168A.05, 5.7 subdivision 3, is amended to read: 5.8 Subd. 3. [CONTENT OF CERTIFICATE.] Each certificate of 5.9 title issued by the department shall contain: 5.10 (1) the date issued; 5.11 (2) the first, middle, and last names, the dates of birth, 5.12 and addresses of all owners who are natural persons, the full 5.13 names and addresses of all other owners; 5.14 (3) the names and addresses of any secured parties in the 5.15 order of priority as shown on the application, or if the 5.16 application is based on a certificate of title, as shown on the 5.17 certificate, or as otherwise determined by the department; 5.18 (4) any liens filed pursuant to a court order or by a 5.19 public agency responsible for child support enforcement against 5.20 the owner; 5.21 (5) the title number assigned to the vehicle; 5.22 (5)(6) a description of the vehicle including, so far as 5.23 the following data exists, its make, model, year, identifying 5.24 number, type of body, whether new or used, and if a new vehicle, 5.25 the date of the first sale of the vehicle for use; 5.26 (6)(7) with respect to motor vehicles subject to the 5.27 provisions of section 325E.15, the true cumulative mileage 5.28 registered on the odometer or that the actual mileage is unknown 5.29 if the odometer reading is known by the owner to be different 5.30 from the true mileage; 5.31 (7)(8) with respect to vehicles subject to sections 5.32 325F.6641 and 325F.6642, the appropriate term "flood damaged," 5.33 "rebuilt," "prior salvage," or "reconstructed"; and 5.34 (8)(9) any other data the department prescribes. 5.35 Sec. 4. Minnesota Statutes 1994, section 168A.05, 5.36 subdivision 7, is amended to read: 6.1 Subd. 7. [JUDICIAL PROCESS RELATING TO CERTIFICATE OR 6.2 VEHICLE.] A certificate of title for a vehicle is not subject to 6.3 garnishment, attachment, execution, or other judicial process, 6.4 but this subdivision does not prevent a lawful levy upon the 6.5 vehicle or the lawful enforcement of an administrative lien or 6.6 judgment debt or lien filed pursuant to a court order or by a 6.7 public authority responsible for child support enforcement. 6.8 Sec. 5. Minnesota Statutes 1994, section 168A.05, is 6.9 amended by adding a subdivision to read: 6.10 Subd. 8. [LIENS FILED FOR ENFORCEMENT OF CHILD 6.11 SUPPORT.] This subdivision applies if the court or a public 6.12 authority responsible for child support enforcement orders or 6.13 directs the commissioner to enter a lien, as provided in section 6.14 518.551, subdivision 14. If a certificate of title is applied 6.15 for by the owner, the department shall enter a lien on the title 6.16 in the name of the state of Minnesota or in the name of the 6.17 obligee in accordance with the notice. The lien on the title is 6.18 subordinate to any bona fide purchase money security interest as 6.19 defined in section 336.9-107 regardless of when the purchase 6.20 money security interest is perfected. With respect to all other 6.21 security interests, the lien is perfected as of the date entered 6.22 on the title. The lien is subject to an exemption in the amount 6.23 currently in effect under section 518.551, subdivision 14. 6.24 Sec. 6. Minnesota Statutes 1994, section 168A.16, is 6.25 amended to read: 6.26 168A.16 [INAPPLICABLE LIENS AND SECURITY INTERESTS.] 6.27 (a) Sections 168A.01 to 168A.31 do not apply to or affect: 6.28 (1) A lien given by statute or rule of law to a supplier of 6.29 services or materials for the vehicle; 6.30 (2) A lien given by statute to the United States , this6.31 state, or any political subdivision of this state; 6.32 (3) A security interest in a vehicle created by a 6.33 manufacturer or dealer who holds the vehicle for sale. 6.34 (b) Sections 168A.17 to 168A.19 do not apply to or affect a 6.35 lien given by statute or assignment to this state or any 6.36 political subdivision of this state. 7.1 Sec. 7. Minnesota Statutes 1994, section 168A.20, is 7.2 amended by adding a subdivision to read: 7.3 Subd. 4. [SATISFACTION OF LIEN FOR CHILD SUPPORT.] If the 7.4 secured party is a public authority or a child support or 7.5 maintenance obligee with a lien under section 168A.05, 7.6 subdivision 8, upon either the satisfaction of a security 7.7 interest in a vehicle for which the certificate of title is in 7.8 the possession of the owner, or the execution by the owner of a 7.9 written payment agreement determined to be acceptable by the 7.10 court, an administrative law judge, the public authority, or the 7.11 obligee, within 15 days the secured party shall execute a 7.12 release of security interest on the form prescribed by the 7.13 department and mail or deliver the notification with release to 7.14 the owner or any person who delivers to the secured party an 7.15 authorization from the owner to receive the release. 7.16 Sec. 8. Minnesota Statutes 1994, section 168A.21, is 7.17 amended to read: 7.18 168A.21 [DISCLOSURE OF SECURITY INTEREST.] 7.19 Subdivision 1. [GENERAL.] A secured party named in a 7.20 certificate of title shall upon written request of the owner or 7.21 of another secured party named on the certificate disclose any 7.22 pertinent information as to the security agreement and the 7.23 indebtedness secured by it. 7.24 Subd. 2. [CHILD SUPPORT.] A secured party that is a public 7.25 authority or an obligee with a lien under section 168A.05, 7.26 subdivision 8, shall, upon written request of the owner, 7.27 disclose the amount of the judgment debt secured. 7.28 Sec. 9. Minnesota Statutes 1994, section 168A.29, 7.29 subdivision 1, is amended to read: 7.30 Subdivision 1. [AMOUNTS.] (a) The department shall be paid 7.31 the following fees: 7.32 (1) for filing an application for and the issuance of an 7.33 original certificate of title, the sum of $2; 7.34 (2) for each security interest when first noted upon a 7.35 certificate of title, including the concurrent notation of any 7.36 assignment thereof and its subsequent release or satisfaction, 8.1 the sum of $2, except that no fee is due for a security interest 8.2 filed by a public authority under section 168A.05, subdivision 8.3 8; 8.4 (3) for the transfer of the interest of an owner and the 8.5 issuance of a new certificate of title, the sum of $2; 8.6 (4) for each assignment of a security interest when first 8.7 noted on a certificate of title, unless noted concurrently with 8.8 the security interest, the sum of $1; 8.9 (5) for issuing a duplicate certificate of title, the sum 8.10 of $4. 8.11 (b) In addition to each of the fees required under 8.12 paragraph (a), clauses (1) and (3), the department shall be paid: 8.13 (1) from July 1, 1994, to June 30, 1997, $3.50; but then 8.14 (2) after June 30, 1997, $1. 8.15 The additional fee collected under this paragraph must be 8.16 deposited in the transportation services fund and credited to 8.17 the state patrol motor vehicle account established in section 8.18 299D.10. 8.19 Sec. 10. Minnesota Statutes 1994, section 171.12, is 8.20 amended by adding a subdivision to read: 8.21 Subd. 3b. [RECORD OF IMPROPER SUSPENSION 8.22 DESTROYED.] Notwithstanding subdivision 3 or section 138.163, 8.23 when an order for suspension of a driver's license issued 8.24 pursuant to section 171.186 is rescinded because the license was 8.25 improperly suspended and all rights of appeal have been 8.26 exhausted or have expired, the commissioner shall remove the 8.27 record of that suspension from the computer records that are 8.28 disclosed to persons or agencies outside the driver and vehicle 8.29 services division of the department of public safety. 8.30 Sec. 11. [171.186] [SUSPENSION; NONPAYMENT OF SUPPORT.] 8.31 Subdivision 1. [SUSPENSION.] The commissioner shall 8.32 suspend a person's driver's license or operating privileges 8.33 without a hearing upon receipt of a court order or notice from a 8.34 public authority responsible for child support enforcement that 8.35 states that the driver is in arrears in court-ordered child 8.36 support or maintenance payments, or both, in an amount equal to 9.1 or greater than three times the obligor's total monthly support 9.2 and maintenance payments, and is not in compliance with a 9.3 written payment agreement regarding both current support and 9.4 arrearages approved by a court, an administrative law judge, or 9.5 the public authority responsible for child support enforcement, 9.6 in accordance with section 518.551, subdivision 13. 9.7 Subd. 2. [NOTICE.] Upon suspending a driver's license or 9.8 operating privileges under this section, the department shall 9.9 immediately notify the licensee, in writing, by mailing a notice 9.10 addressed to the licensee at the licensee's last known address. 9.11 Subd. 3. [DURATION.] A license or operating privilege must 9.12 remain suspended and may not be reinstated, nor may a license be 9.13 subsequently issued to the person, until the commissioner 9.14 receives notice from the court, an administrative law judge, or 9.15 public authority responsible for child support enforcement that 9.16 the person is in compliance with all current orders of support 9.17 or written payment agreements regarding both current support and 9.18 arrearages. A fee may not be assessed for reinstatement of a 9.19 license under this section. 9.20 Sec. 12. Minnesota Statutes 1994, section 214.101, 9.21 subdivision 1, is amended to read: 9.22 Subdivision 1. [COURT ORDER; HEARING ON SUSPENSION.] (a) 9.23 For purposes of this section, "licensing board" means a 9.24 licensing board or other state agency that issues an 9.25 occupational license. 9.26 (b) If a licensing board receives an order from a court or 9.27 an administrative law judge or a notice from a public authority 9.28 responsible for child support enforcement agencyunder section 9.29 518.551, subdivision 12, dealing with suspension of a license of 9.30 a person found by the court or the public agencyauthority to be 9.31 in arrears in child support or maintenance payments, or both, 9.32 the board shall, within 30 days of receipt of the courtorder or 9.33 public agencyauthority notice, provide notice to the licensee9.34 and hold a hearing. If the board finds that the person is9.35 licensed by the board and evidence of full payment of arrearages9.36 found to be due by the court or the public agency is not10.1 presented at the hearing, the board shall suspend the license10.2 unless it determines that probation is appropriate under10.3 subdivision 2. The only issues to be determined by the board10.4 are whether the person named in the court order or public agency10.5 notice is a licensee, whether the arrearages have been paid, and10.6 whether suspension or probation is appropriate. The board may10.7 not consider evidence with respect to the appropriateness of the10.8 underlying child support order or the ability of the person to10.9 comply with the order. The board may not lift the suspension10.10 until the licensee files with the board proof showing that the10.11 licensee is current in child support payments and maintenance10.12 suspend the license as directed by the order or notice. 10.13 Sec. 13. Minnesota Statutes 1994, section 214.101, 10.14 subdivision 4, is amended to read: 10.15 Subd. 4. [VERIFICATION OF PAYMENTS.] BeforeA board 10.16 may terminate probation, remove a suspension,not issue, 10.17 reinstate, or renew a license of a person who has been suspended 10.18 or placed on probationor is the subject of an order or notice 10.19 under this section , it shall contactuntil it receives 10.20 notification from the court, administrative law judge, or public 10.21 agencyauthority that referred the matter to the board to10.22 determineconfirming that the applicant is not in arrears forin 10.23 either child support or maintenance or bothpayments, or 10.24 confirming that the person is in compliance with a written 10.25 payment plan regarding both current support and arrearages. The10.26 board may not issue or renew a license until the applicant10.27 proves to the board's satisfaction that the applicant is current10.28 in support payments and maintenance.10.29 Sec. 14. [256.996] [COOPERATION FOR THE CHILDREN PROGRAM.] 10.30 Subdivision 1. [ESTABLISHMENT.] The commissioner of human 10.31 services, in consultation with a representative from the office 10.32 of administrative hearings and the office of the attorney 10.33 general and with input from community groups, shall develop and 10.34 implement the cooperation for the children program as an effort 10.35 to promote parental relationships with children. The program 10.36 must be designed with three distinct components: 11.1 (1) addressing the needs of parents for educational 11.2 services pertaining to issues of child custody and visitation 11.3 arrangements; 11.4 (2) providing a nonjudicial forum to aid in the resolution 11.5 of custody and visitation issues through facilitation of written 11.6 agreements; and 11.7 (3) providing mediation services to resolve conflicts 11.8 related to custody and visitation issues, when appropriate. 11.9 Subd. 2. [PROGRAM DESIGN.] (a) The cooperation for the 11.10 children program must be administered by the office of 11.11 administrative hearings and, by contract, implemented in 11.12 selected counties. The program may accept referrals from the 11.13 district court, the child support administrative process, or 11.14 self-referral by individuals. The program is voluntary to 11.15 participants and must be designed to provide services to 11.16 individuals who are parents by virtue of birth or adoption of a 11.17 child, individuals adjudicated as parents through a paternity 11.18 action or through the recognition of parentage process, or 11.19 individuals who have experienced a marriage dissolution. The 11.20 program must be designed to screen all referrals for domestic 11.21 abuse. The program must coordinate with existing agencies, such 11.22 as court services, to provide program services to parents. If a 11.23 participating county operates a parenting education program, a 11.24 nonjudicial conflict resolution program, or a mediation program, 11.25 the cooperation for the children program must utilize the 11.26 existing programs to the greatest extent possible in an effort 11.27 to minimize costs. 11.28 (b) The voluntary issue resolution component of the 11.29 cooperation for the children program must facilitate the 11.30 parents' discussion of custody and visitation issues in 11.31 dispute. If there are allegations or indications of domestic 11.32 abuse, the program shall allow the parents to attend separate 11.33 sessions with the program facilitator. If agreement of both 11.34 parties is reached to the disputed issues through the program 11.35 and the agreement contains a sufficient factual basis to support 11.36 a finding that the terms are in the best interests of the 12.1 children, the agreement may be incorporated into a proposed 12.2 order by program counsel for submission to an administrative law 12.3 judge or district court judge for execution as a court order. 12.4 (c) The mediation component of the program must utilize 12.5 certified mediators who are competent in recognizing the 12.6 dynamics of domestic abuse and sensitive to the cultural issues 12.7 of the participants. To provide services through the 12.8 cooperation for the children program, mediators must be approved 12.9 by the court in the participating county. Relationships that 12.10 involve allegations or indications of domestic abuse are not 12.11 appropriate for mediation services through the cooperation for 12.12 the children program. 12.13 (d) In cases where no agreement is voluntarily reached 12.14 through the program, both parents must be provided with forms 12.15 sufficient to allow them access to the district court to seek 12.16 formal adjudication of the dispute. 12.17 Subd. 3. [DEMONSTRATION.] The commissioner shall contract 12.18 with the office of administrative hearings and any county to 12.19 administer and operate a demonstration project of the 12.20 cooperation for the children program. 12.21 Subd. 4. [EVALUATION.] By January 15, 1997, and every two 12.22 years after that, the office of administrative hearings shall 12.23 submit a report to the legislature that identifies the following 12.24 information relevant to the implementation of this section: 12.25 (1) the number of citizens offered and provided services by 12.26 the program; 12.27 (2) the circumstances in which the program provided 12.28 services, whether in paternity adjudications, situations 12.29 involving recognition of parentage executions, dissolutions, or 12.30 postdecree matters; 12.31 (3) the reduction in court actions, if any, resulting from 12.32 the use of the program; 12.33 (4) the effect of the program, if any, on the average time 12.34 period between case filing and final resolution in family law 12.35 cases filed in court in a participating county; and 12.36 (5) the cost of implementation and operation of the program 13.1 in the participating counties. 13.2 Sec. 15. [256.997] [CHILD SUPPORT OBLIGOR COMMUNITY 13.3 SERVICE WORK EXPERIENCE PROGRAM.] 13.4 Subdivision 1. [AUTHORIZATION.] The commissioner of human 13.5 services may contract with a county that operates a community 13.6 work experience program or a judicial district department of 13.7 corrections that operates a community work experience program to 13.8 include child support obligors who are physically able to work 13.9 and fail to pay child support as participants in the community 13.10 work experience program. 13.11 Subd. 2. [LIMITATIONS.] (a) Except as provided in 13.12 paragraph (f), a person ordered to participate in a work program 13.13 under section 518.617 shall do so if services are available. 13.14 (b) A person may not be required to participate for more 13.15 than 32 hours per week in the program under this section. 13.16 (c) A person may not be required to participate for more 13.17 than six weeks for each finding of contempt. 13.18 (d) If a person is required by a governmental entity to 13.19 participate in another work or training program, the person may 13.20 not be required to participate in a program under this section 13.21 in a week for more than 32 hours minus the number of hours the 13.22 person is required to participate in the other work or training 13.23 program in that week. 13.24 (e) If a person is employed, the person may not be required 13.25 to participate in a program under this section in a week for 13.26 more than 80 percent of the difference between 40 hours and the 13.27 number of hours actually worked in the unsubsidized job during 13.28 that week, to a maximum of 32 hours. 13.29 (f) A person who works an average of 32 hours or more per 13.30 week in an unsubsidized job is not required to participate in a 13.31 program under this section. 13.32 Subd. 3. [NOTICE TO COURT.] If a person does not complete 13.33 six weeks of participation in a program under this section, the 13.34 county operating the program shall inform the court 13.35 administrator, by affidavit, of that noncompletion. 13.36 Subd. 4. [INJURY PROTECTION FOR WORK EXPERIENCE 14.1 PARTICIPANTS.] (a) This subdivision applies to payment of any 14.2 claims resulting from an alleged injury or death of a child 14.3 support obligor participating in a community work experience 14.4 program established and operated by a county or a judicial 14.5 district department of corrections under this section. 14.6 (b) Claims that are subject to this section must be 14.7 investigated by the county agency responsible for supervising 14.8 the work to determine whether the claimed injury occurred, 14.9 whether the claimed medical expenses are reasonable, and whether 14.10 the loss is covered by the claimant's insurance. If insurance 14.11 coverage is established, the county agency shall submit the 14.12 claim to the appropriate insurance entity for payment. The 14.13 investigating county agency shall submit all valid claims, in 14.14 the amount net of any insurance payments, to the commissioner of 14.15 human services. 14.16 (c) The commissioner of human services shall submit all 14.17 claims for impairment compensation to the commissioner of labor 14.18 and industry. The commissioner of labor and industry shall 14.19 review all submitted claims and recommend to the commissioner of 14.20 human services an amount of compensation comparable to what 14.21 would be provided under the impairment compensation schedule of 14.22 section 176.101, subdivision 3b. 14.23 (d) The commissioner of human services shall approve a 14.24 claim of $1,000 of less for payment if appropriated funds are 14.25 available, if the county agency responsible for supervising the 14.26 work has made the determinations required by this section, and 14.27 if the work program was operated in compliance with the safety 14.28 provisions of this section. The commissioner shall pay the 14.29 portion of an approved claim of $1,000 or less that is not 14.30 covered by the claimant's insurance within three months of the 14.31 date of submission. On or before February 1 of each year, the 14.32 commissioner shall submit to the appropriate committees of the 14.33 senate and the house of representatives a list of claims of 14.34 $1,000 or less paid during the preceding calendar year and shall 14.35 be reimbursed by legislative appropriation for any claims that 14.36 exceed the original appropriation provided to the commissioner 15.1 to operate this program. Unspent money from this appropriation 15.2 carries over to the second year of the biennium, and any unspent 15.3 money remaining at the end of the second year must be returned 15.4 to the general fund. On or before February 1 of each year, the 15.5 commissioner shall submit to the appropriate committees of the 15.6 senate and the house of representatives a list of claims in 15.7 excess of $1,000 and a list of claims of $1,000 or less that 15.8 were submitted to but not paid by the commissioner of human 15.9 services, together with any recommendations of appropriate 15.10 compensation. These claims shall be heard and determined by the 15.11 appropriate committees of the senate and house of 15.12 representatives and, if approved, paid under the legislative 15.13 claims procedure. 15.14 (e) Compensation paid under this section is limited to 15.15 reimbursement for reasonable medical expenses and impairment 15.16 compensation for disability in like amounts as allowed in 15.17 section 176.101, subdivision 3b. Compensation for injuries 15.18 resulting in death shall include reasonable medical expenses and 15.19 burial expenses in addition to payment to the participant's 15.20 estate in an amount not to exceed the limits set forth in 15.21 section 466.04. Compensation may not be paid under this section 15.22 for pain and suffering, lost wages, or other benefits provided 15.23 in chapter 176. Payments made under this section must be 15.24 reduced by any proceeds received by the claimant from any 15.25 insurance policy covering the loss. For the purposes of this 15.26 section, "insurance policy" does not include the medical 15.27 assistance program authorized under chapter 256B or the general 15.28 assistance medical care program authorized under chapter 256D. 15.29 (f) The procedure established by this section is exclusive 15.30 of all other legal, equitable, and statutory remedies against 15.31 the state, its political subdivisions, or employees of the state 15.32 or its political subdivisions. The claimant may not seek 15.33 damages from any state or county insurance policy or 15.34 self-insurance program. 15.35 (g) A claim is not valid for purposes of this subdivision 15.36 if the local agency responsible for supervising the work cannot 16.1 verify to the commissioner of human services: 16.2 (1) that appropriate safety training and information is 16.3 provided to all persons being supervised by the agency under 16.4 this subdivision; and 16.5 (2) that all programs involving work by those persons 16.6 comply with federal Occupational Safety and Health 16.7 Administration and state department of labor and industry safety 16.8 standards. 16.9 A claim that is not valid because of failure to verify 16.10 safety training or compliance with safety standards may not be 16.11 paid by the commissioner of human services or through the 16.12 legislative claims process and must be heard, decided, and paid, 16.13 if appropriate, by the local government unit responsible for 16.14 supervising the work of the claimant. 16.15 Subd. 5. [TRANSPORTATION EXPENSES.] A county shall 16.16 reimburse a person for reasonable transportation costs incurred 16.17 because of participation in a program under this section, up to 16.18 a maximum of $25 per month. 16.19 Subd. 6. [PAYMENT TO COUNTY.] The commissioner shall pay a 16.20 county $200 for each person who participates in the program 16.21 under this section in that county. The county is responsible 16.22 for any additional costs of the program. 16.23 Sec. 16. [256.9981] [WORK REPORTING SYSTEM.] 16.24 Subdivision 1. [DEFINITIONS.] (a) The definitions in this 16.25 subdivision apply to this section. 16.26 (b) "Date of hiring" means the earlier of: (1) the first 16.27 day for which an employee is owed compensation by an employer; 16.28 or (2) the first day that an employee reports to work or 16.29 performs labor or services for an employer. 16.30 (c) "Earnings" means payment owed by an employer for labor 16.31 or services rendered by an employee. 16.32 (d) "Employee" means a person who resides or works in 16.33 Minnesota and performs services for compensation, in whatever 16.34 form, for an employer. Employee does not include persons hired 16.35 for domestic service in the private home of the employer, as 16.36 defined in the federal tax code. 17.1 (e) "Employer" means a person or entity located or doing 17.2 business in this state that employs one or more employees for 17.3 payment, and includes the state, political or other governmental 17.4 subdivisions of the state, and the federal government. 17.5 (f) "Hiring" means engaging a person to perform services 17.6 for compensation and includes the reemploying or return to work 17.7 of any previous employee who was laid off, furloughed, 17.8 separated, granted a leave without pay, or terminated from 17.9 employment. 17.10 Subd. 2. [WORK REPORTING SYSTEM ESTABLISHED.] The 17.11 commissioner of human services shall establish a centralized 17.12 work reporting system for the purpose of receiving and 17.13 maintaining information from employers on newly hired or rehired 17.14 employees. The commissioner of human services shall take 17.15 reasonable steps to inform the state's employers of the 17.16 requirements of this section and the acceptable processes by 17.17 which employers can comply with the requirements of this section. 17.18 Subd. 3. [DUTY TO REPORT.] Employers doing business in 17.19 this state shall report to the commissioner of human services 17.20 the hiring of any employee who resides or works in this state to 17.21 whom the employer anticipates paying earnings. Employers shall 17.22 submit reports required under this subdivision within 15 17.23 calendar days of the date of hiring of the employee. 17.24 Employers are not required to report the hiring of any 17.25 person who will be employed for less than two months' duration; 17.26 and will have gross earnings less than $250 per month. 17.27 Subd. 4. [MEANS TO REPORT.] Employers may report by 17.28 delivering, mailing, or telefaxing a copy of the employee's 17.29 federal W-4 form or W-9 form or any other document that contains 17.30 the required information, submitting electronic media in a 17.31 compatible format, toll-free telecommunication, or other means 17.32 authorized by the commissioner of human services that will 17.33 result in timely reporting. 17.34 Subd. 5. [REPORT CONTENTS.] Reports required under this 17.35 section must contain: 17.36 (1) the employee's name, address, social security number, 18.1 and date of birth when available, which can be handwritten or 18.2 otherwise added to the W-4 form, W-9 form, or other document 18.3 submitted; and 18.4 (2) the employer's name, address, and federal 18.5 identification number. 18.6 Subd. 6. [SANCTIONS.] If an employer fails to report under 18.7 this section, the commissioner of human services, by certified 18.8 mail, shall send the employer a written notice of noncompliance 18.9 requesting that the employer comply with the reporting 18.10 requirements of this section. The notice of noncompliance must 18.11 explain the reporting procedure under this section and advise 18.12 the employer of the penalty for noncompliance. An employer who 18.13 has received a notice of noncompliance and later incurs a second 18.14 violation is subject to a civil penalty of $50 for each 18.15 intentionally unreported employee. An employer who has received 18.16 a notice of noncompliance and later incurs a third or subsequent 18.17 violation is subject to a civil penalty of $500 for each 18.18 intentionally unreported employee. These penalties may be 18.19 imposed and collected by the commissioner of human services. 18.20 Subd. 7. [ACCESS TO DATA.] The commissioner of human 18.21 services shall retain the information reported to the work 18.22 reporting system for a period of six months. Data in the work 18.23 reporting system may be disclosed to the public authority 18.24 responsible for child support enforcement, federal agencies, and 18.25 state and local agencies of other states for the purposes of 18.26 enforcing state and federal laws governing child support. 18.27 Subd. 8. [AUTHORITY TO CONTRACT.] The commissioner may 18.28 contract for services to carry out this section. 18.29 Subd. 9. [INDEPENDENT CONTRACTORS.] The state and all 18.30 political subdivisions of the state, when acting in the capacity 18.31 of an employer, shall report the hiring of any person as an 18.32 independent contractor to the centralized work reporting system 18.33 in the same manner as the hiring of an employee is reported. 18.34 The attorney general and the commissioner of human services 18.35 shall work with representatives of the employment community and 18.36 industries that utilize independent contractors in the regular 19.1 course of business to develop a plan to include the reporting of 19.2 independent contractors by all employers to the centralized work 19.3 reporting system by July 1, 1996. The attorney general and the 19.4 commissioner of human services shall present the resulting plan 19.5 in the form of proposed legislation to the legislature by 19.6 February 1, 1996. 19.7 Sec. 17. Minnesota Statutes 1994, section 256H.02, is 19.8 amended to read: 19.9 256H.02 [DUTIES OF COMMISSIONER.] 19.10 The commissioner shall develop standards for county and 19.11 human services boards to provide child care services to enable 19.12 eligible families to participate in employment, training, or 19.13 education programs. Within the limits of available 19.14 appropriations, the commissioner shall distribute money to 19.15 counties to reduce the costs of child care for eligible 19.16 families. The commissioner shall adopt rules to govern the 19.17 program in accordance with this section. The rules must 19.18 establish a sliding schedule of fees for parents receiving child 19.19 care services. The rules shall provide that funds received as a 19.20 lump sum payment of child support arrearages shall not be 19.21 counted as income to a family in the month received but shall be 19.22 prorated over the 12 months following receipt and added to the 19.23 family income during those months. In the rules adopted under 19.24 this section, county and human services boards shall be 19.25 authorized to establish policies for payment of child care 19.26 spaces for absent children, when the payment is required by the 19.27 child's regular provider. The rules shall not set a maximum 19.28 number of days for which absence payments can be made, but 19.29 instead shall direct the county agency to set limits and pay for 19.30 absences according to the prevailing market practice in the 19.31 county. County policies for payment of absences shall be 19.32 subject to the approval of the commissioner. The commissioner 19.33 shall maximize the use of federal money under the AFDC 19.34 employment special needs program in section 256.736, subdivision 19.35 8, and other programs that provide federal reimbursement for 19.36 child care services for recipients of aid to families with 20.1 dependent children who are in education, training, job search, 20.2 or other activities allowed under those programs. Money 20.3 appropriated under this section must be coordinated with the 20.4 AFDC employment special needs program and other programs that 20.5 provide federal reimbursement for child care services to 20.6 accomplish this purpose. Federal reimbursement obtained must be 20.7 allocated to the county that spent money for child care that is 20.8 federally reimbursable under programs that provide federal 20.9 reimbursement for child care services. The counties shall use 20.10 the federal money to expand child care services. The 20.11 commissioner may adopt rules under chapter 14 to implement and 20.12 coordinate federal program requirements. 20.13 Sec. 18. Minnesota Statutes 1994, section 257.66, 20.14 subdivision 4, is amended to read: 20.15 Subd. 4. [STATUTE OF LIMITATIONS.] Support judgments or 20.16 orders ordinarily shall be for periodic payments which may vary 20.17 in amount. In the best interest of the child, a lump sum payment 20.18 may be ordered in lieu of periodic payments of support. The 20.19 court shall limit the parent's liability for past support of the 20.20 child to the proportion of the expenses that the court deems 20.21 just, which were incurred in the two years immediately preceding 20.22 the commencement of the action. In determining the amount of 20.23 the parent's liability for past support, the court may deviate 20.24 downward from the guidelines if: 20.25 (1) the child for whom child support is sought is more than 20.26 five years old and the obligor discovered or was informed of the 20.27 existence of the parent and child relationship within one year 20.28 of commencement of the action seeking child support; 20.29 (2) the obligor is a custodian for or pays support for 20.30 other children; and 20.31 (3) the obligor's family income is less than 175 percent of 20.32 the federal poverty level. 20.33 Sec. 19. Minnesota Statutes 1994, section 518.171, 20.34 subdivision 2a, is amended to read: 20.35 Subd. 2a. [EMPLOYER AND OBLIGOR NOTICERESPONSIBILITY.] If20.36 an individual is hired for employment, the employer shall21.1 request that the individual disclose whether the individual has21.2 court-ordered medical support obligations that are required by21.3 law to be withheld from income and the terms of the court order,21.4 if any. The employer shall request that the individual disclose21.5 whether the individual has been ordered by a court to provide21.6 health and dental dependent insurance coverage. TheAn 21.7 individual shall disclose this informationat the time of hiring 21.8 . If an individual discloses thatif medical support is 21.9 required to be withheld , the. If an employee discloses that 21.10 medical support is required to be withheld, the employer shall 21.11 begin withholding according to the terms of the order and 21.12 pursuant to section 518.611, subdivision 8. If an individual 21.13 discloses an obligation to obtain health and dental dependent 21.14 insurance coverage and coverage is available through the 21.15 employer, the employer shall make all application processes 21.16 known to the individual upon hiring and enroll the employee and 21.17 dependent in the plan pursuant to subdivision 3. 21.18 Sec. 20. Minnesota Statutes 1994, section 518.175, is 21.19 amended by adding a subdivision to read: 21.20 Subd. 8. [CARE OF CHILD BY NONCUSTODIAL PARENT.] The court 21.21 may allow additional visitation to the noncustodial parent to 21.22 provide child care while the custodial parent is working if this 21.23 arrangement is reasonable and in the best interests of the 21.24 child, as defined in section 518.17, subdivision 1. In 21.25 addition, the court shall consider: 21.26 (1) the ability of the parents to cooperate; 21.27 (2) methods for resolving disputes regarding the care of 21.28 the child, and the parents' willingness to use those methods; 21.29 and 21.30 (3) whether domestic abuse, as defined in section 518B.01, 21.31 has occurred between the parties. 21.32 Sec. 21. Minnesota Statutes 1994, section 518.18, is 21.33 amended to read: 21.34 518.18 [MODIFICATION OF ORDER.] 21.35 (a) Unless agreed to in writing by the parties, no motion 21.36 to modify a custody order may be made earlier than one year 22.1 after the date of the entry of a decree of dissolution or legal 22.2 separation containing a provision dealing with custody, except 22.3 in accordance with paragraph (c). 22.4 (b) If a motion for modification has been heard, whether or 22.5 not it was granted, unless agreed to in writing by the parties 22.6 no subsequent motion may be filed within two years after 22.7 disposition of the prior motion on its merits, except in 22.8 accordance with paragraph (c). 22.9 (c) The time limitations prescribed in paragraphs (a) and 22.10 (b) shall not prohibit a motion to modify a custody order if the 22.11 court finds that there is persistent and willful denial or 22.12 interference with visitation, or has reason to believe that the 22.13 child's present environment may endanger the child's physical or 22.14 emotional health or impair the child's emotional development. 22.15 (d) If the court has jurisdiction to determine child 22.16 custody matters, the court shall not modify a prior custody 22.17 order unless it finds, upon the basis of facts, including 22.18 unwarranted denial of, or interference with, a duly established 22.19 visitation schedule, that have arisen since the prior order or 22.20 that were unknown to the court at the time of the prior order, 22.21 that a change has occurred in the circumstances of the child or 22.22 the parties and that the modification is necessary to serve the 22.23 best interests of the child. In applying these standards the 22.24 court shall retain the custody arrangement established by the 22.25 prior order unless: 22.26 (i) both parties agree to the modification; 22.27 (ii) the child has been integrated into the family of the 22.28 petitioner with the consent of the other party; or 22.29 (iii) the child's present environment endangers the child's 22.30 physical or emotional health or impairs the child's emotional 22.31 development and the harm likely to be caused by a change of 22.32 environment is outweighed by the advantage of a change to the 22.33 child. 22.34 In addition, a court may modify a custody order under 22.35 section 631.52. 22.36 (e) In deciding whether to modify a prior joint custody 23.1 order, the court shall apply the standards set forth in 23.2 paragraph (d) unless: (1) the parties agree in writing to the 23.3 application of a different standard, or (2) the party seeking 23.4 the modification is asking the court for permission to move the 23.5 residence of the child to another state. 23.6 (f) If a custodial parent has been granted sole physical 23.7 custody of a minor and the child subsequently lives with the 23.8 noncustodial parent, and temporary sole physical custody has 23.9 been approved by the court or by a court-appointed referee, the 23.10 court may suspend the noncustodial parent's child support 23.11 obligation pending the final custody determination. The court's 23.12 order denying the suspension of child support must include a 23.13 written explanation of the reasons why continuation of the child 23.14 support obligation would be in the best interests of the child. 23.15 Sec. 22. Minnesota Statutes 1994, section 518.24, is 23.16 amended to read: 23.17 518.24 [SECURITY; SEQUESTRATION; CONTEMPT.] 23.18 In all cases when maintenance or support payments are 23.19 ordered, the court may require sufficient security to be given 23.20 for the payment of them according to the terms of the order. 23.21 Upon neglect or refusal to give security, or upon failure to pay 23.22 the maintenance or support, the court may sequester the 23.23 obligor's personal estate and the rents and profits of real 23.24 estate of the obligor, and appoint a receiver of them. The 23.25 court may cause the personal estate and the rents and profits of 23.26 the real estate to be applied according to the terms of the 23.27 order. The obligor is presumed to have an income from a source 23.28 sufficient to pay the maintenance or support order. A child 23.29 support or maintenance order constitutes prima facie evidence 23.30 that the obligor has the ability to pay the award. If the 23.31 obligor disobeys the order, it is prima facie evidence of 23.32 contempt. The court may cite the obligor for contempt under 23.33 this section, section 518.617, or chapter 588. 23.34 Sec. 23. Minnesota Statutes 1994, section 518.551, 23.35 subdivision 5, is amended to read: 23.36 Subd. 5. [NOTICE TO PUBLIC AUTHORITY; GUIDELINES.] (a) The 24.1 petitioner shall notify the public authority of all proceedings 24.2 for dissolution, legal separation, determination of parentage or 24.3 for the custody of a child, if either party is receiving aid to 24.4 families with dependent children or applies for it subsequent to 24.5 the commencement of the proceeding. The notice must contain the 24.6 full names of the parties to the proceeding, their social 24.7 security account numbers, and their birth dates. After receipt 24.8 of the notice, the court shall set child support as provided in 24.9 this subdivision. The court may order either or both parents 24.10 owing a duty of support to a child of the marriage to pay an 24.11 amount reasonable or necessary for the child's support, without 24.12 regard to marital misconduct. The court shall approve a child 24.13 support stipulation of the parties if each party is represented 24.14 by independent counsel, unless the stipulation does not meet the 24.15 conditions of paragraph (i). In other cases the court shall 24.16 determine and order child support in a specific dollar amount in 24.17 accordance with the guidelines and the other factors set forth 24.18 in paragraph (b) and any departure therefrom. The court may 24.19 also order the obligor to pay child support in the form of a 24.20 percentage share of the obligor's net bonuses, commissions, or 24.21 other forms of compensation, in addition to, or if the obligor 24.22 receives no base pay, in lieu of, an order for a specific dollar 24.23 amount. 24.24 (b) The court shall derive a specific dollar amount for 24.25 child support by multiplying the obligor's net income by the 24.26 percentage indicated by the following guidelines: 24.27 Net Income Per Number of Children 24.28 Month of Obligor 24.29 1 2 3 4 5 6 7 or 24.30 more 24.31 $550 and Below Order based on the ability of the 24.32 obligor to provide support 24.33 at these income levels, or at higher 24.34 levels, if the obligor has 24.35 the earning ability. 24.36 $551 - 600 16% 19% 22% 25% 28% 30% 32% 25.1 $601 - 650 17% 21% 24% 27% 29% 32% 34% 25.2 $651 - 700 18% 22% 25% 28% 31% 34% 36% 25.3 $701 - 750 19% 23% 27% 30% 33% 36% 38% 25.4 $751 - 800 20% 24% 28% 31% 35% 38% 40% 25.5 $801 - 850 21% 25% 29% 33% 36% 40% 42% 25.6 $851 - 900 22% 27% 31% 34% 38% 41% 44% 25.7 $901 - 950 23% 28% 32% 36% 40% 43% 46% 25.8 $951 - 1000 24% 29% 34% 38% 41% 45% 48% 25.9 $1001- 5000 25% 30% 35% 39% 43% 47% 50% 25.10 or the amount 25.11 in effect under 25.12 paragraph (k) 25.13 Guidelines for support for an obligor with a monthly income 25.14 in excess of the income limit currently in effect under 25.15 paragraph (k) shall be the same dollar amounts as provided for 25.16 in the guidelines for an obligor with a monthly income equal to 25.17 the limit in effect. 25.18 Net Income defined as: 25.19 25.20 Total monthly 25.21 income less *(i) Federal Income Tax 25.22 *(ii) State Income Tax 25.23 (iii) Social Security 25.24 Deductions 25.25 (iv) Reasonable 25.26 Pension Deductions 25.27 *Standard 25.28 Deductions apply- (v) Union Dues 25.29 use of tax tables (vi) Cost of Dependent Health 25.30 recommended Insurance Coverage 25.31 (vii) Cost of Individual or Group 25.32 Health/Hospitalization 25.33 Coverage or an 25.34 Amount for Actual 25.35 Medical Expenses 25.36 (viii) A Child Support or 26.1 Maintenance Order that is 26.2 Currently Being Paid. 26.3 "Net income" does not include: 26.4 (1) the income of the obligor's spouse, but does include 26.5 in-kind payments received by the obligor in the course of 26.6 employment, self-employment, or operation of a business if the 26.7 payments reduce the obligor's living expenses; or 26.8 (2) compensation received by a party for employment in 26.9 excess of a 40-hour work week, provided that: 26.10 (i) support is nonetheless ordered in an amount at least 26.11 equal to the guidelines amount based on income not excluded 26.12 under this clause; and 26.13 (ii) the party demonstrates, and the court finds, that: 26.14 (A) the excess employment began after the filing of the 26.15 petition for dissolution; 26.16 (B) the excess employment reflects an increase in the work 26.17 schedule or hours worked over that of the two years immediately 26.18 preceding the filing of the petition; 26.19 (C) the excess employment is voluntary and not a condition 26.20 of employment; 26.21 (D) the excess employment is in the nature of additional, 26.22 part-time or overtime employment compensable by the hour or 26.23 fraction of an hour; and 26.24 (E) the party's compensation structure has not been changed 26.25 for the purpose of affecting a support or maintenance obligation. 26.26 The court shall review the work-related and 26.27 education-related child care costs paid and shall allocate the 26.28 costs to each parent in proportion to each parent's net income, 26.29 as determined under this subdivision, after the transfer of 26.30 child support and spousal maintenance, unless the allocation 26.31 would be substantially unfair to either parent. There is a 26.32 presumption of substantial unfairness if after the sum total of 26.33 child support, spousal maintenance, and child care costs is 26.34 subtracted from the noncustodial parent's income, the income is 26.35 at or below 100 percent of the federal poverty guidelines. The 26.36 cost of child care for purposes of this paragraph is 75 percent 27.1 of the actual cost paid for child care, to reflect the 27.2 approximate value of state and federal tax credits available to 27.3 the custodial parent. The actual cost paid for child care is 27.4 the total amount received by the child care provider for the 27.5 child or children of the obligor from the obligee or any public 27.6 agency. The court shall require verification of employment or 27.7 school attendance and documentation of child care expenses from 27.8 the obligee and the public agency, if applicable. If child care 27.9 expenses fluctuate during the year because of seasonal 27.10 employment or school attendance of the obligee or extended 27.11 periods of visitation with the obligor, the court shall 27.12 determine child care expenses based on an average monthly cost. 27.13 The amount allocated for child care expenses is considered child 27.14 support but is not subject to a cost-of-living adjustment under 27.15 section 518.641. The amount allocated for child care expenses 27.16 terminates when the child care costs endeither party notifies 27.17 the public authority that the child care costs have ended and 27.18 without any legal action on the part of either party. The 27.19 public authority shall verify the information received under 27.20 this provision before authorizing termination. The termination 27.21 is effective as of the date of the notification. In other cases 27.22 where there is a substantial increase or decrease in child care 27.23 expenses, the parties may modify the order under section 518.64. 27.24 The court may allow the noncustodial parent to care for the 27.25 child while the custodial parent is working, as provided in 27.26 section 518.175, subdivision 8. Allowing the noncustodial 27.27 parent to care for the child under section 518.175, subdivision 27.28 8, is not a reason to deviate from the guidelines. 27.29 (c) In addition to the child support guidelines, the court 27.30 shall take into consideration the following factors in setting 27.31 or modifying child support or in determining whether to deviate 27.32 from the guidelines: 27.33 (1) all earnings, income, and resources of the parents, 27.34 including real and personal property, but excluding income from 27.35 excess employment of the obligor or obligee that meets the 27.36 criteria of paragraph (b), clause (2)(ii); 28.1 (2) the financial needs and resources, physical and 28.2 emotional condition, and educational needs of the child or 28.3 children to be supported; 28.4 (3) the standards of living the child would have enjoyed 28.5 had the marriage not been dissolved, but recognizing that the 28.6 parents now have separate households; 28.7 (4) which parent receives the income taxation dependency 28.8 exemption and what financial benefit the parent receives from 28.9 it; 28.10 (5) the parents' debts as provided in paragraph (d); and 28.11 (6) the obligor's receipt of assistance under sections 28.12 256.72 to 256.87 or 256B.01 to 256B.40. 28.13 (d) In establishing or modifying a support obligation, the 28.14 court may consider debts owed to private creditors, but only if: 28.15 (1) the right to support has not been assigned under 28.16 section 256.74; 28.17 (2) the court determines that the debt was reasonably 28.18 incurred for necessary support of the child or parent or for the 28.19 necessary generation of income. If the debt was incurred for 28.20 the necessary generation of income, the court shall consider 28.21 only the amount of debt that is essential to the continuing 28.22 generation of income; and 28.23 (3) the party requesting a departure produces a sworn 28.24 schedule of the debts, with supporting documentation, showing 28.25 goods or services purchased, the recipient of them, the amount 28.26 of the original debt, the outstanding balance, the monthly 28.27 payment, and the number of months until the debt will be fully 28.28 paid. 28.29 (e) Any schedule prepared under paragraph (d), clause (3), 28.30 shall contain a statement that the debt will be fully paid after 28.31 the number of months shown in the schedule, barring emergencies 28.32 beyond the party's control. 28.33 (f) Any further departure below the guidelines that is 28.34 based on a consideration of debts owed to private creditors 28.35 shall not exceed 18 months in duration, after which the support 28.36 shall increase automatically to the level ordered by the court. 29.1 Nothing in this section shall be construed to prohibit one or 29.2 more step increases in support to reflect debt retirement during 29.3 the 18-month period. 29.4 (g) If payment of debt is ordered pursuant to this section, 29.5 the payment shall be ordered to be in the nature of child 29.6 support. 29.7 (h) Nothing shall preclude the court from receiving 29.8 evidence on the above factors to determine if the guidelines 29.9 should be exceeded or modified in a particular case. 29.10 (i) The guidelines in this subdivision are a rebuttable 29.11 presumption and shall be used in all cases when establishing or 29.12 modifying child support. If the court does not deviate from the 29.13 guidelines, the court shall make written findings concerning the 29.14 amount of the obligor's income used as the basis for the 29.15 guidelines calculation and any other significant evidentiary 29.16 factors affecting the determination of child support. If the 29.17 court deviates from the guidelines, the court shall make written 29.18 findings giving the amount of support calculated under the 29.19 guidelines, the reasons for the deviation, and shall 29.20 specifically address the criteria in paragraph (b) and how the 29.21 deviation serves the best interest of the child. The court may 29.22 deviate from the guidelines if both parties agree and the court 29.23 makes written findings that it is in the best interests of the 29.24 child, except that in cases where child support payments are 29.25 assigned to the public agency under section 256.74, the court 29.26 may deviate downward only as provided in paragraph (j). Nothing 29.27 in this paragraph prohibits the court from deviating in other 29.28 cases. The provisions of this paragraph apply whether or not 29.29 the parties are each represented by independent counsel and have 29.30 entered into a written agreement. The court shall review 29.31 stipulations presented to it for conformity to the guidelines 29.32 and the court is not required to conduct a hearing, but the 29.33 parties shall provide the documentation of earnings required 29.34 under subdivision 5b. 29.35 (j) If the child support payments are assigned to the 29.36 public agency under section 256.74, the court may not deviate 30.1 downward from the child support guidelines unless the court 30.2 specifically finds that the failure to deviate downward would 30.3 impose an extreme hardship on the obligor. 30.4 (k) The dollar amount of the income limit for application 30.5 of the guidelines must be adjusted on July 1 of every 30.6 even-numbered year to reflect cost-of-living changes. The 30.7 supreme court shall select the index for the adjustment from the 30.8 indices listed in section 518.641. The state court 30.9 administrator shall make the changes in the dollar amount 30.10 required by this paragraph available to courts and the public on 30.11 or before April 30 of the year in which the amount is to change. 30.12 Sec. 24. Minnesota Statutes 1994, section 518.551, 30.13 subdivision 12, is amended to read: 30.14 Subd. 12. [OCCUPATIONAL LICENSE SUSPENSION.] (a) Upon 30.15 petitionmotion of an obligee, if the court finds that the 30.16 obligor is or may be licensed by a licensing board listed in 30.17 section 214.01 or other state agency or board that issues an 30.18 occupational license and the obligor is in arrears in 30.19 court-ordered child support or maintenance payments or both in 30.20 an amount equal to or greater than three times the obligor's 30.21 total monthly support and maintenance payments and is not in 30.22 compliance with a written payment agreement regarding both 30.23 current support and arrearages approved by the court, an 30.24 administrative law judge, or the public authority, the 30.25 administrative law judge, or the court mayshall direct the 30.26 licensing board or other licensing agency to conduct a hearing30.27 suspend the license under section 214.101 concerning suspension30.28 of the obligor's license. The court's order must be stayed for 30.29 90 days in order to allow the obligor to execute a written 30.30 payment agreement regarding both current support and 30.31 arrearages. The payment agreement must be approved by either 30.32 the court or the public authority responsible for child support 30.33 enforcement. If the obligor has not executed or is not in 30.34 compliance with a written payment agreement regarding both 30.35 current support and arrearages after the 90 days expires, the 30.36 court's order becomes effective. If the obligor is a licensed 31.1 attorney, the court mayshall report the matter to the lawyers 31.2 professional responsibility board for appropriate action in 31.3 accordance with the rules of professional conduct. The remedy 31.4 under this subdivision is in addition to any other enforcement 31.5 remedy available to the court. 31.6 (b) If a public agencyauthority responsible for child 31.7 support enforcement finds that the obligor is or may be licensed 31.8 by a licensing board listed in section 214.01 or other state 31.9 agency or board that issues an occupational license and the 31.10 obligor is in arrears in court-ordered child support or 31.11 maintenance payments or both in an amount equal to or greater 31.12 than three times the obligor's total monthly support and 31.13 maintenance payments and is not in compliance with a written 31.14 payment agreement regarding both current support and arrearages 31.15 approved by the court, an administrative law judge, or the 31.16 public authority, the court, an administrative law judge, or the 31.17 public agency mayauthority shall direct the licensing board or 31.18 other licensing agency to conduct a hearingsuspend the license 31.19 under section 214.101 concerning suspension of the obligor's31.20 license. If the obligor is a licensed attorney, the 31.21 public agencyauthority may report the matter to the lawyers 31.22 professional responsibility board for appropriate action in 31.23 accordance with the rules of professional conduct. The remedy 31.24 under this subdivision is in addition to any other enforcement 31.25 remedy available to the public agencyauthority. 31.26 (c) At least 90 days before notifying a licensing authority 31.27 or the lawyers professional responsibility board under paragraph 31.28 (b), the public authority shall mail a written notice to the 31.29 license holder addressed to the license holder's last known 31.30 address that the public authority intends to seek license 31.31 suspension under this subdivision and that the license holder 31.32 must request a hearing within 30 days in order to contest the 31.33 suspension. If the license holder makes a written request for a 31.34 hearing within 30 days of the date of the notice, either a court 31.35 hearing or a contested administrative proceeding must be held 31.36 under section 518.5511, subdivision 4. Notwithstanding any law 32.1 to the contrary, the license holder must be served with 14 days' 32.2 notice in writing specifying the time and place of the hearing 32.3 and the allegations against the license holder. The notice may 32.4 be served personally or by mail. If the public authority does 32.5 not receive a request for a hearing within 30 days of the date 32.6 of the notice, and the obligor does not execute a written 32.7 payment agreement regarding both current support and arrearages 32.8 approved by the court, an administrative law judge or the public 32.9 authority with 90 days of the date of the notice, the public 32.10 authority shall direct the licensing board or other licensing 32.11 agency to suspend the obligor's license under paragraph (b), or 32.12 shall report the matter to the lawyers professional 32.13 responsibility board. 32.14 (d) The administrative law judge, on behalf of the public 32.15 authority, or the court shall notify the lawyers professional 32.16 responsibility board for appropriate action in accordance with 32.17 the rules of professional responsibility conduct or order the 32.18 licensing board or licensing agency to suspend the license if 32.19 the judge finds that: 32.20 (1) the person is licensed by a licensing board or other 32.21 state agency that issues an occupational license; 32.22 (2) the person has not made full payment of arrearages 32.23 found to be due by the public authority; and 32.24 (3) the person has not executed or is not in compliance 32.25 with a payment plan approved by the court, an administrative law 32.26 judge, or the public authority. 32.27 (e) Within 15 days of the date on which the obligor either 32.28 makes full payment of arrearages found to be due by the court or 32.29 public authority or executes and initiates good faith compliance 32.30 with a written payment plan approved by the court, an 32.31 administrative law judge, or the public authority, the court, an 32.32 administrative law judge, or the public authority responsible 32.33 for child support enforcement shall notify the licensing board 32.34 or licensing agency or the lawyers professional responsibility 32.35 board that the obligor is no longer ineligible for license 32.36 issuance, reinstatement, or renewal under this subdivision. 33.1 Sec. 25. Minnesota Statutes 1994, section 518.551, is 33.2 amended by adding a subdivision to read: 33.3 Subd. 13. [DRIVER'S LICENSE SUSPENSION.] (a) Upon motion 33.4 of an obligee, which has been properly served on the obligor and 33.5 upon which there has been an opportunity for hearing, if a court 33.6 finds that the obligor has been or may be issued a driver's 33.7 license by the commissioner of public safety and the obligor is 33.8 in arrears in court-ordered child support or maintenance 33.9 payments, or both, in an amount equal to or greater than three 33.10 times the obligor's total monthly support and maintenance 33.11 payments and is not in compliance with a written payment 33.12 agreement regarding both current support and arrearages approved 33.13 by the court, an administrative law judge, or the public 33.14 authority, the court shall order the commissioner of public 33.15 safety to suspend the obligor's driver's license. The court's 33.16 order must be stayed for 90 days in order to allow the obligor 33.17 to execute a written payment agreement regarding both current 33.18 support and arrearages, which payment agreement must be approved 33.19 by either the court or the public authority responsible for 33.20 child support enforcement. If the obligor has not executed or 33.21 is not in compliance with a written payment agreement regarding 33.22 both current support and arrearages after the 90 days expires, 33.23 the court's order becomes effective and the commissioner of 33.24 public safety shall suspend the obligor's driver's license. The 33.25 remedy under this subdivision is in addition to any other 33.26 enforcement remedy available to the court. An obligee may not 33.27 bring a motion under this paragraph within 12 months of a denial 33.28 of a previous motion under this paragraph. 33.29 (b) If a public authority responsible for child support 33.30 enforcement determines that the obligor has been or may be 33.31 issued a driver's license by the commissioner of public safety 33.32 and the obligor is in arrears in court-ordered child support or 33.33 maintenance payments or both in an amount equal to or greater 33.34 than three times the obligor's total monthly support and 33.35 maintenance payments and not in compliance with a written 33.36 payment agreement regarding both current support and arrearages 34.1 approved by the court, an administrative law judge, or the 34.2 public authority, the public authority shall direct the 34.3 commissioner of public safety to suspend the obligor's driver's 34.4 license. The remedy under this subdivision is in addition to 34.5 any other enforcement remedy available to the public authority. 34.6 (c) At least 90 days prior to notifying the commissioner of 34.7 public safety pursuant to paragraph (b), the public authority 34.8 must mail a written notice to the obligor at the obligor's last 34.9 known address, that it intends to seek suspension of the 34.10 obligor's driver's license and that the obligor must request a 34.11 hearing within 30 days in order to contest the suspension. If 34.12 the obligor makes a written request for a hearing within 30 days 34.13 of the date of the notice, either a court hearing or a contested 34.14 administrative proceeding must be held under section 518.5511, 34.15 subdivision 4. Notwithstanding any law to the contrary, the 34.16 obligor must be served with 14 days' notice in writing 34.17 specifying the time and place of the hearing and the allegations 34.18 against the obligor. The notice may be served personally or by 34.19 mail. If the public authority does not receive a request for a 34.20 hearing within 30 days of the date of the notice, and the 34.21 obligor does not execute a written payment agreement regarding 34.22 both current support and arrearages approved by the court, an 34.23 administrative law judge, or the public authority within 90 days 34.24 of the date of the notice, the public authority shall direct the 34.25 commissioner of public safety to suspend the obligor's driver's 34.26 license under paragraph (b). 34.27 (d) At a hearing requested by the obligor under paragraph 34.28 (c), and on finding that the obligor is in arrears in 34.29 court-ordered child support or maintenance payments or both in 34.30 an amount equal to or greater than three times the obligor's 34.31 total monthly support and maintenance payments, the district 34.32 court or the administrative law judge shall order the 34.33 commissioner of public safety to suspend the obligor's driver's 34.34 license or operating privileges unless the court or 34.35 administrative law judge determines that the obligor has 34.36 executed and is in compliance with a written payment agreement 35.1 regarding both current support and arrearages approved by the 35.2 court, an administrative law judge, or the public authority. 35.3 (e) An obligor whose driver's license or operating 35.4 privileges are suspended may provide proof to the court or the 35.5 public authority responsible for child support enforcement that 35.6 the obligor is in compliance with all written payment agreements 35.7 regarding both current support and arrearages. Within 15 days 35.8 of the receipt of that proof, the court or public authority 35.9 shall inform the commissioner of public safety that the 35.10 obligor's driver's license or operating privileges should no 35.11 longer be suspended. 35.12 (f) On January 15, 1997, and every two years after that, 35.13 the commissioner of human services shall submit a report to the 35.14 legislature that identifies the following information relevant 35.15 to the implementation of this section: 35.16 (1) the number of child support obligors notified of an 35.17 intent to suspend a driver's license; 35.18 (2) the amount collected in payments from the child support 35.19 obligors notified of an intent to suspend a driver's license; 35.20 (3) the number of cases paid in full and payment agreements 35.21 executed in response to notification of an intent to suspend a 35.22 driver's license; 35.23 (4) the number of cases in which there has been 35.24 notification and no payments or payment agreements; 35.25 (5) the number of driver's licenses suspended; and 35.26 (6) the cost of implementation and operation of the 35.27 requirements of this section. 35.28 Sec. 26. Minnesota Statutes 1994, section 518.551, is 35.29 amended by adding a subdivision to read: 35.30 Subd. 14. [MOTOR VEHICLE LIEN.] (a) Upon motion of an 35.31 obligee, if a court finds that the obligor is the registered 35.32 owner of a motor vehicle and the obligor is a debtor for a 35.33 judgment debt resulting from nonpayment of court-ordered child 35.34 support or maintenance payments, or both, in an amount equal to 35.35 or greater than three times the obligor's total monthly support 35.36 and maintenance payments, the court shall order the commissioner 36.1 of public safety to enter a lien in the name of the obligee or 36.2 in the name of the state of Minnesota, as appropriate, in 36.3 accordance with section 168A.05, subdivision 8, unless the court 36.4 finds that the obligor is in compliance with a written payment 36.5 agreement regarding both current support and arrearages approved 36.6 by the court, an administrative law judge, or the public 36.7 authority or that the obligor's interest in the motor vehicle is 36.8 valued at less than $4,500. The court's order must be stayed 36.9 for 90 days in order to allow the obligor to either execute a 36.10 written payment agreement regarding both current support and 36.11 arrearages, which agreement shall be approved by either the 36.12 court or the public authority responsible for child support 36.13 enforcement, or to allow the obligor to demonstrate that the 36.14 ownership interest in the motor vehicle is valued at less than 36.15 $4,500. If the obligor has not executed or is not in compliance 36.16 with a written payment agreement regarding both current support 36.17 and arrearages approved by the court, an administrative law 36.18 judge, or the public authority or has not demonstrated that the 36.19 ownership interest in the motor vehicle is valued at less than 36.20 $4,500 within the 90-day period, the court's order becomes 36.21 effective and the commissioner of public safety shall record the 36.22 lien. The remedy under this subdivision is in addition to any 36.23 other enforcement remedy available to the court. 36.24 (b) If a public authority responsible for child support 36.25 enforcement determines that the obligor is the registered owner 36.26 of a motor vehicle and the obligor is a debtor for judgment debt 36.27 resulting from nonpayment of court-ordered child support or 36.28 maintenance payments, or both, in an amount equal to or greater 36.29 than three times the obligor's total monthly support and 36.30 maintenance payments, the public authority shall direct the 36.31 commissioner of public safety to enter a lien in the name of the 36.32 obligee or in the name of the state of Minnesota, as 36.33 appropriate, under section 168A.05, subdivision 8, unless the 36.34 public authority determines that the obligor is in compliance 36.35 with a written payment agreement regarding both current support 36.36 and arrearages approved by the court, an administrative law 37.1 judge, or the public authority or that the obligor's ownership 37.2 interest in the motor vehicle is valued at less than $4,500. 37.3 The remedy under this subdivision is in addition to any other 37.4 enforcement remedy available to the public agency. 37.5 (c) At least 90 days prior to notifying the commissioner of 37.6 public safety pursuant to paragraph (b), the public authority 37.7 must mail a written notice to the obligor at the obligor's last 37.8 known address, that it intends to record a lien on the obligor's 37.9 motor vehicle certificate of title and that the obligor must 37.10 request a hearing within 30 days in order to contest the 37.11 action. If the obligor makes a written request for a hearing 37.12 within 30 days of the date of the notice, either a court hearing 37.13 or a contested administrative proceeding must be held under 37.14 section 518.5511, subdivision 4. Notwithstanding any law to the 37.15 contrary, the obligor must be served with 14 day's notice in 37.16 writing specifying the time and place of the hearing and the 37.17 allegations against the obligor. The notice may be served 37.18 personally or by mail. If the public authority does not receive 37.19 a request for a hearing within 30 days of the date of the notice 37.20 and the obligor does not execute a written payment agreement 37.21 regarding both current support and arrearages approved by the 37.22 court, an administrative law judge, or the public authority or 37.23 demonstrate to the public authority that the obligor's ownership 37.24 interest in the motor vehicle is valued at less than $4,500 37.25 within 90 days of the date of the notice, the public authority 37.26 shall direct the commissioner of public safety to record the 37.27 lien under paragraph (b). 37.28 (d) At a hearing requested by the obligor under paragraph 37.29 (c), and on finding that the obligor is in arrears in 37.30 court-ordered child support or maintenance payments or both in 37.31 an amount equal to or greater than three times the obligor's 37.32 total monthly support and maintenance payments, the district 37.33 court or the administrative law judge shall order the 37.34 commissioner of public safety to record the lien unless the 37.35 court or administrative law judge determines that: 37.36 (1) the obligor has executed and is in compliance with a 38.1 written payment agreement regarding both current support and 38.2 arrearages determined to be acceptable by the court, an 38.3 administrative law judge, or the public authority; or 38.4 (2) the obligor has demonstrated that the ownership 38.5 interest in the motor vehicle is valued at less than $4,500. 38.6 (e) An obligor who has had a lien recorded against a motor 38.7 vehicle certificate of title may provide proof to the court or 38.8 the public authority responsible for child support enforcement 38.9 that the obligor is in compliance with all written payment 38.10 agreements regarding both current support and arrearages. 38.11 Within 15 days of the receipt of that proof, the court or public 38.12 authority shall execute a release of security interest under 38.13 section 168A.20, subdivision 4, and mail or deliver the release 38.14 to the owner or other authorized person. The dollar amounts in 38.15 this section shall change periodically in the manner provided in 38.16 section 550.37, subdivision 4a. 38.17 Sec. 27. [518.553] [PAYMENT AGREEMENTS.] 38.18 In proposing or approving proposed written payment 38.19 agreements for purposes of section 518.551, the court, an 38.20 administrative law judge, or the public authority shall take 38.21 into consideration the amount of the arrearages, the amount of 38.22 the current support order, any pending request for modification, 38.23 and the earnings of the obligor. 38.24 Sec. 28. Minnesota Statutes 1994, section 518.613, is 38.25 amended by adding a subdivision to read: 38.26 Subd. 8. [INTEREST ON AMOUNT WRONGFULLY WITHHELD.] If an 38.27 excessive amount of child support is wrongfully withheld from 38.28 the obligor's income because of an error by the public 38.29 authority, the public authority shall pay interest based on the 38.30 rate under section 549.09 on the amount wrongfully withheld from 38.31 the time of the withholding until it is repaid to the obligor. 38.32 Sec. 29. [518.616] [ADMINISTRATIVE SEEK EMPLOYMENT 38.33 ORDERS.] 38.34 Subdivision 1. [COURT ORDER.] For any support order being 38.35 enforced by the public authority, the public authority may seek 38.36 a court order requiring the obligor to seek employment if: 39.1 (1) employment of the obligor cannot be verified; 39.2 (2) the obligor is in arrears in court-ordered child 39.3 support or maintenance payments or both in an amount equal to or 39.4 greater than three times the obligor's total monthly support and 39.5 maintenance payments; and 39.6 (3) the obligor is not in compliance with a written payment 39.7 plan. 39.8 Upon proper notice being given to the obligor, the court 39.9 may enter a seek employment order if it finds that the obligor 39.10 has not provided proof of gainful employment and has not 39.11 consented to an order for income withholding under section 39.12 518.611 or 518.613 or entered into a written payment plan 39.13 approved by the court, an administrative law judge, or the 39.14 public authority. 39.15 Subd. 2. [CONTENTS OF ORDER.] The order to seek employment 39.16 shall: 39.17 (1) order that the obligor seek employment within a 39.18 determinate amount of time; 39.19 (2) order that the obligor file with the public authority 39.20 on a weekly basis a report of at least five new attempts to find 39.21 employment or of having found employment, which report must 39.22 include the names, addresses, and telephone numbers of any 39.23 employers or businesses with whom the obligor attempted to seek 39.24 employment and the name of the individual contact to whom the 39.25 obligor made application for employment or to whom an inquiry 39.26 was directed; 39.27 (3) notify the obligor that failure to comply with the 39.28 order is evidence of a willful failure to pay support under 39.29 section 518.617; 39.30 (4) order that the obligor provide the public authority 39.31 with verification of any reason for noncompliance with the 39.32 order; and 39.33 (5) specify the duration of the order, not to exceed three 39.34 months. 39.35 Sec. 30. [518.617] [CONTEMPT PROCEEDINGS FOR NONPAYMENT OF 39.36 SUPPORT.] 40.1 Subdivision 1. [GROUNDS.] If a person against whom an 40.2 order or decree for support has been entered under this chapter, 40.3 chapter 256, or a comparable law from another jurisdiction, is 40.4 in arrears in court-ordered child support or maintenance 40.5 payments in an amount equal to or greater than three times the 40.6 obligor's total monthly support and maintenance payments and is 40.7 not in compliance with a written payment plan approved by the 40.8 court, an administrative law judge, or the public authority, the 40.9 person may be cited and punished by the court for contempt under 40.10 section 518.64, chapter 588, or this section. Failure to comply 40.11 with a seek employment order entered under section 518.616 is 40.12 evidence of willful failure to pay support. 40.13 Subd. 2. [COURT OPTIONS.] (a) If a court cites a person 40.14 for contempt under this section, and the obligor lives in a 40.15 county that contracts with the commissioner of human services 40.16 under section 256.997, the court may order the performance of 40.17 community service work up to 32 hours per week for six weeks for 40.18 each finding of contempt if the obligor: 40.19 (1) is able to work full time; 40.20 (2) works an average of less than 32 hours per week; and 40.21 (3) has actual weekly gross income averaging less than 40 40.22 times the federal minimum hourly wage under United States Code, 40.23 title 29, section 206(a)(1), or is voluntarily earning less than 40.24 the obligor has the ability to earn, as determined by the court. 40.25 An obligor is presumed to be able to work full time. The 40.26 obligor has the burden of proving inability to work full time. 40.27 (b) A person ordered to do community service work under 40.28 paragraph (a) may, during the six-week period, apply to the 40.29 court, an administrative law judge, or the public authority to 40.30 be released from the community service work requirement if the 40.31 person: 40.32 (1) provides proof to the court, an administrative law 40.33 judge, or the public authority that the person is gainfully 40.34 employed and submits to an order for income withholding under 40.35 section 518.611 or 518.613; 40.36 (2) enters into a written payment plan regarding both 41.1 current support and arrearages approved by the court, an 41.2 administrative law judge, or the public authority; or 41.3 (3) provides proof to the court, an administrative law 41.4 judge, or the public authority that, subsequent to entry of the 41.5 order, the person's circumstances have so changed that the 41.6 person is no longer able to fulfill the terms of the community 41.7 service order. 41.8 Subd. 3. [CONTINUING OBLIGATIONS.] The performance of 41.9 community service work does not relieve a child support obligor 41.10 of any unpaid accrued or accruing support obligation. 41.11 Sec. 31. Minnesota Statutes 1994, section 518.64, 41.12 subdivision 2, is amended to read: 41.13 Subd. 2. [MODIFICATION.] (a) The terms of an order 41.14 respecting maintenance or support may be modified upon a showing 41.15 of one or more of the following: (1) substantially increased or 41.16 decreased earnings of a party; (2) substantially increased or 41.17 decreased need of a party or the child or children that are the 41.18 subject of these proceedings; (3) receipt of assistance under 41.19 sections 256.72 to 256.87 or 256B.01 to 256B.40; (4) a change in 41.20 the cost of living for either party as measured by the federal 41.21 bureau of statistics, any of which makes the terms unreasonable 41.22 and unfair; (5) extraordinary medical expenses of the child not 41.23 provided for under section 518.171; or (6) the addition of 41.24 work-related or education-related child care expenses of the 41.25 obligee or a substantial increase or decrease in existing 41.26 work-related or education-related child care expenses. 41.27 It is presumed that there has been a substantial change in 41.28 circumstances under clause (1), (2), or (4) and the terms of a 41.29 current support order shall be rebuttably presumed to be 41.30 unreasonable and unfair if the application of the child support 41.31 guidelines in section 518.551, subdivision 5, to the current 41.32 circumstances of the parties results in a calculated court order 41.33 that is at least 20 percent and at least $50 per month higher or 41.34 lower than the current support order. 41.35 (b) On a motion for modification of maintenance, including 41.36 a motion for the extension of the duration of a maintenance 42.1 award, the court shall apply, in addition to all other relevant 42.2 factors, the factors for an award of maintenance under section 42.3 518.552 that exist at the time of the motion. On a motion for 42.4 modification of support, the court: 42.5 (1) shall apply section 518.551, subdivision 5, and shall 42.6 not consider the financial circumstances of each party's spouse, 42.7 if any; and 42.8 (2) shall not consider compensation received by a party for 42.9 employment in excess of a 40-hour work week, provided that the 42.10 party demonstrates, and the court finds, that: 42.11 (i) the excess employment began after entry of the existing 42.12 support order; 42.13 (ii) the excess employment is voluntary and not a condition 42.14 of employment; 42.15 (iii) the excess employment is in the nature of additional, 42.16 part-time employment, or overtime employment compensable by the 42.17 hour or fractions of an hour; 42.18 (iv) the party's compensation structure has not been 42.19 changed for the purpose of affecting a support or maintenance 42.20 obligation; 42.21 (v) in the case of an obligor, current child support 42.22 payments are at least equal to the guidelines amount based on 42.23 income not excluded under this clause; and 42.24 (vi) in the case of an obligor who is in arrears in child 42.25 support payments to the obligee, any net income from excess 42.26 employment must be used to pay the arrearages until the 42.27 arrearages are paid in full. 42.28 (c) A modification of support or maintenance may be made 42.29 retroactive only with respect to any period during which the 42.30 petitioning party has pending a motion for modification but only 42.31 from the date of service of notice of the motion on the 42.32 responding party and on the public authority if public 42.33 assistance is being furnished or the county attorney is the 42.34 attorney of record. However, modification may be applied to an 42.35 earlier period if the court makes express findings that the 42.36 party seeking modification was precluded from serving a motion 43.1 by reason of a significant physical or mental disability, a 43.2 material misrepresentation of another party, or fraud upon the 43.3 court and that the party seeking modification, when no longer 43.4 precluded, promptly served a motion. The court may provide that 43.5 a reduction in the amount allocated for child care expenses 43.6 based on a substantial decrease in the expenses is effective as 43.7 of the date the expenses decreased. 43.8 (d) Except for an award of the right of occupancy of the 43.9 homestead, provided in section 518.63, all divisions of real and 43.10 personal property provided by section 518.58 shall be final, and 43.11 may be revoked or modified only where the court finds the 43.12 existence of conditions that justify reopening a judgment under 43.13 the laws of this state, including motions under section 518.145, 43.14 subdivision 2. The court may impose a lien or charge on the 43.15 divided property at any time while the property, or subsequently 43.16 acquired property, is owned by the parties or either of them, 43.17 for the payment of maintenance or support money, or may 43.18 sequester the property as is provided by section 518.24. 43.19 (e) The court need not hold an evidentiary hearing on a 43.20 motion for modification of maintenance or support. 43.21 (f) Section 518.14 shall govern the award of attorney fees 43.22 for motions brought under this subdivision. 43.23 Sec. 32. [PUBLIC EDUCATION CAMPAIGN.] 43.24 The commissioner of human services shall contract with the 43.25 attorney general to continue the public service campaign 43.26 established in Minnesota Statutes, section 8.35. The terms and 43.27 conditions of the contract shall be established by the attorney 43.28 general. 43.29 Sec. 33. [VISITATION STUDY.] 43.30 (a) The supreme court is requested to study whether there 43.31 is a relationship between visitation and payment of child 43.32 support in Minnesota. The study shall examine the extent to 43.33 which: 43.34 (1) custodial parents deny noncustodial parents 43.35 court-ordered visitation and other parental rights; 43.36 (2) noncustodial parents fail to exercise their 44.1 court-ordered visitation; 44.2 (3) lack of access to the courts prevents timely resolution 44.3 of visitation matters; and 44.4 (4) visitation impacts noncustodial parents' compliance 44.5 with court-ordered child support. 44.6 (b) The study shall include recommendations on the 44.7 following: 44.8 (1) methods for resolving visitation matters in an 44.9 efficient, nonadversarial setting that is accessible to parties 44.10 at the lowest possible cost; 44.11 (2) statutory changes that would encourage compliance with 44.12 court-ordered visitation; and 44.13 (3) the effectiveness and impact of a policy linking 44.14 visitation and payment of child support. 44.15 In conducting the study, the supreme court shall consult 44.16 with custodial and noncustodial parents, private attorneys, 44.17 judges, administrative law judges, county attorneys, legal 44.18 services, court services, guardians ad litem, professionals who 44.19 work with children, the department of human services, advocacy 44.20 groups, and children. The supreme court shall report the study 44.21 and recommendations to the legislature no later than January 15, 44.22 1997, and may make interim recommendations for the 1996 44.23 legislative session. 44.24 Sec. 34. [REPORT.] 44.25 The commissioner shall evaluate all child support programs 44.26 and enforcement mechanisms. The evaluation must include a 44.27 cost-benefit analysis of each program or enforcement mechanism, 44.28 and information related to which programs produce the highest 44.29 revenue, reduce arrears, avoid litigation, and result in the 44.30 best outcome for children and their parents. 44.31 The reports related to the provisions in this chapter are 44.32 due two years after the implementation date. All other reports 44.33 on existing programs and enforcement mechanisms are due January 44.34 15, 1997. 44.35 Sec. 35. [WAIVERS.] 44.36 Subdivision 1. [CHILD SUPPORT ASSURANCE.] The commissioner 45.1 of human services shall seek a waiver from the secretary of the 45.2 United States Department of Health and Human Services to enable 45.3 the department of human services to operate a demonstration 45.4 project of child support assurance. The commissioner shall seek 45.5 authority from the legislature to implement a demonstration 45.6 project of child support assurance when enhanced federal funds 45.7 become available for this purpose. 45.8 Subd. 2. [COOPERATION FOR THE CHILDREN.] The commissioner 45.9 of human services shall seek a waiver from the secretary of the 45.10 United States Department of Health and Human Services to enable 45.11 the department of human services to operate the cooperation for 45.12 the children demonstration project. 45.13 Subd. 3. [OBLIGOR COMMUNITY SERVICE.] The commissioner of 45.14 human services shall seek a waiver from the secretary of the 45.15 United States Department of Health and Human Services to enable 45.16 the department of human services to operate the child support 45.17 obligor community service work experience program. 45.18 Sec. 36. [REPEALER.] 45.19 Minnesota Statutes 1994, section 214.101, subdivisions 2 45.20 and 3, are repealed. Minnesota Statutes 1994, sections 518.561; 45.21 and 518.611, subdivision 8, are repealed effective July 1, 1996. 45.22 Sec. 37. [EFFECTIVE DATE.] 45.23 Sections 2 to 11, 25, and 26 are effective January 1, 45.24 1996. Sections 1, 16, and 19 are effective July 1, 1996. 45.25 Section 18 is effective the day following final enactment. 45.26 ARTICLE 2 45.27 CHILD SUPPORT PAYMENT CENTER 45.28 Section 1. [518.5851] [CHILD SUPPORT PAYMENT CENTER; 45.29 DEFINITIONS.] 45.30 Subdivision 1. [SCOPE.] For the purposes of the child 45.31 support center established under sections 518.5851 to 518.5853, 45.32 the following terms have the meanings given. 45.33 Subd. 2. [CENTRAL COLLECTIONS UNIT.] "Central collections 45.34 unit" means the unit created under section 518.5852. 45.35 Subd. 3. [LOCAL CHILD SUPPORT AGENCY.] "Local child 45.36 support agency" means the entity at the county level that is 46.1 responsible for providing child support enforcement services. 46.2 Subd. 4. [PAYMENT.] "Payment" means the payment of child 46.3 support, medical support, maintenance, and related payments 46.4 required by order of a tribunal, voluntary support, or statutory 46.5 fees. 46.6 Subd. 5. [TRIBUNAL.] "Tribunal" has the meaning given in 46.7 section 518C.101. 46.8 Sec. 2. [518.5852] [CENTRAL COLLECTIONS UNIT.] 46.9 The commissioner of human services shall create and 46.10 maintain a central collections unit for the purpose of 46.11 receiving, processing, and disbursing payments, and for 46.12 maintaining a record of payments, in all cases in which: 46.13 (1) the state or county is a party; 46.14 (2) the state or county provides child support enforcement 46.15 services to a party; or 46.16 (3) payment is collected through income withholding. 46.17 The commissioner of human services may contract for 46.18 services to carry out these provisions. 46.19 Sec. 3. [518.5853] [MANDATORY PAYMENT OF OBLIGATIONS TO 46.20 CENTRAL COLLECTIONS UNIT.] 46.21 Subdivision 1. [LOCATION OF PAYMENT.] All payments 46.22 described in section 518.5852 must be made to the central 46.23 collections unit. 46.24 Subd. 2. [AGENCY DESIGNATION OF LOCATION.] Each local 46.25 child support agency shall provide a location within the agency 46.26 to receive payments. A local agency receiving a payment shall 46.27 transmit the funds to the central collections unit within one 46.28 working day of receipt of the payment. 46.29 Subd. 3. [INCENTIVES.] Notwithstanding any rule to the 46.30 contrary, incentives must be paid to the county providing 46.31 services and maintaining the case to which the payment is 46.32 applied. Incentive payments awarded for the collection of child 46.33 support must be based solely upon payments processed by the 46.34 central collections unit. Incentive payments received by the 46.35 county under this subdivision shall be used for county child 46.36 support collection efforts. 47.1 Subd. 4. [ELECTRONIC TRANSFER OF FUNDS.] The central 47.2 collections unit is authorized to engage in the electronic 47.3 transfer of funds for the receipt and disbursement of funds. 47.4 Subd. 5. [REQUIRED CONTENT OF ORDER.] A tribunal issuing 47.5 an order that establishes or modifies a payment shall issue an 47.6 income withholding order in conformity with section 518.613, 47.7 subdivision 2. The automatic income withholding order must 47.8 include the name of the obligor, the obligor's social security 47.9 number, the obligor's date of birth, and the name and address of 47.10 the obligor's employer. The street mailing address and the 47.11 electronic mail address for the central collections unit must be 47.12 included in each automatic income withholding order issued by a 47.13 tribunal. 47.14 Subd. 6. [TRANSMITTAL OF ORDER TO THE LOCAL AGENCY BY THE 47.15 TRIBUNAL.] The tribunal shall transmit a copy of the order 47.16 establishing or modifying the payment, and a copy of the 47.17 automatic income withholding order, to the local child support 47.18 agency within two working days of the approval of the order by 47.19 the judge or administrative law judge or other person or entity 47.20 authorized to sign the automatic withholding order. 47.21 Subd. 7. [TRANSMITTAL OF FUNDS FROM THE OBLIGOR OR PAYOR 47.22 OF FUNDS TO THE CENTRAL COLLECTIONS UNIT.] The obligor or other 47.23 payor of funds shall identify the obligor on the check or 47.24 remittance by name, payor number, and social security number, 47.25 and shall comply with section 518.611, subdivision 4. 47.26 Subd. 8. [SANCTION FOR CHECKS DRAWN ON INSUFFICIENT 47.27 FUNDS.] A notice may be directed to any person or entity 47.28 submitting a check drawn on insufficient funds stating that 47.29 future payment must be paid by cash or certified funds. The 47.30 central collections unit and the local child support agency may 47.31 refuse a check from a person or entity that has been given 47.32 notice that payments must be in cash or certified funds. 47.33 Subd. 9. [ADMISSIBILITY OF PAYMENT RECORDS.] A copy of the 47.34 record of payments maintained by the central collections unit in 47.35 section 518.5852 is admissible evidence in all tribunals as 47.36 proof of payments made through the central collections unit 48.1 without the need of testimony to prove authenticity. 48.2 Subd. 10. [TRANSITION PROVISIONS.] (a) The commissioner of 48.3 human services shall develop a plan for the implementation of 48.4 the central collections unit. The plan must require that 48.5 payments be redirected to the central collections unit. 48.6 Payments may be redirected in groups according to county of 48.7 origin, county of payment, method of payment, type of case, or 48.8 any other distinguishing factor designated by the commissioner. 48.9 (b) Notice that payments must be made to the central 48.10 collections unit must be provided to the obligor and to the 48.11 payor of funds within 30 days prior to the redirection of 48.12 payments to the central collections unit. After the notice has 48.13 been provided to the obligor or payor of funds, mailed payments 48.14 received by a local child support agency must be forwarded to 48.15 the central collections unit. A notice must be sent to the 48.16 obligor or payor of funds stating that payment application may 48.17 be delayed and provide directions to submit future payment to 48.18 the central collections unit. 48.19 Sec. 4. [EFFECTIVE DATE.] 48.20 Sections 1 to 3 are effective January 1, 1997. 48.21 ARTICLE 3 48.22 CHILD SUPPORT DATA COLLECTION AND PUBLICATION 48.23 Section 1. Minnesota Statutes 1994, section 256.978, 48.24 subdivision 1, is amended to read: 48.25 Subdivision 1. [REQUEST FOR INFORMATION.] The commissioner 48.26 of human services, in order to locate a person to establish 48.27 paternity, child support, or to enforce a child support 48.28 obligation in arrears, may request information reasonably 48.29 necessary to the inquiry from the records of all departments, 48.30 boards, bureaus, or other agencies of this state, which shall, 48.31 notwithstanding the provisions of section 268.12, subdivision 48.32 12, or any other law to the contrary, provide the information 48.33 necessary for this purpose. Employers, utility companies, 48.34 insurance companies, financial institutions, and labor 48.35 associations doing business in this state shall provide 48.36 information as provided under subdivision 2 upon written request 49.1 by an agency responsible for child support enforcement regarding 49.2 individuals owing or allegedly owing a duty to support within 30 49.3 days of the receipt of the written request made by the public 49.4 authority. Information requested and used or transmitted by the 49.5 commissioner pursuant to the authority conferred by this section 49.6 may be made available only to public officials and agencies of 49.7 this state and its political subdivisions and other states of 49.8 the union and their political subdivisions who are seeking to 49.9 enforce the support liability of parents or to locate parents. 49.10 The commissioner may not release the information to an agency or 49.11 political subdivision of another state unless the agency or 49.12 political subdivision is directed to maintain the data 49.13 consistent with its classification in this state. Information 49.14 obtained under this section may not be released except to the 49.15 extent necessary for the administration of the child support 49.16 enforcement program or when otherwise authorized by law. 49.17 Sec. 2. Minnesota Statutes 1994, section 518.575, is 49.18 amended to read: 49.19 518.575 [PUBLICATION OF NAMES OF DELINQUENT CHILD SUPPORT 49.20 OBLIGORS.] 49.21 Every three monthsSubdivision 1. [PUBLICATION OF 49.22 NAMES.] Twice each year, the departmentcommissioner of human 49.23 services shall publish in the newspaper of widest circulation in49.24 each countya list of the names and last known addresses of each 49.25 person who (1) is a child support obligor, (2) resides in the49.26 county, (3)is at least $3,000 in arrears, and (4) has not made49.27 a child support payment, or has made only partial child support49.28 payments that total less than 25 percent of the amount of child49.29 support owed, for the last 12 months including any payments made49.30 through the interception of federal or state taxes. The rate49.31 charged for publication shall be the newspaper's lowest49.32 classified display rate, including all available discounts.49.33 (3) is not in compliance with a written payment agreement 49.34 regarding both current support and arrearages approved by the 49.35 court, an administrative law judge, or the public authority. 49.36 The commissioner of human services shall publish the name of 50.1 each obligor in the newspaper or newspapers of widest 50.2 circulation in the area where the obligor is most likely to be 50.3 residing. For each publication, the commissioner shall release 50.4 the list of all names being published not earlier than the first 50.5 day on which names appear in any newspaper. An obligor's name 50.6 may not be published if the obligor claims in writing, and 50.7 the departmentcommissioner of human services determines, there 50.8 is good cause for the nonpayment of child support. Good cause 50.9 includes the following: (i) there is a mistake in the obligor's 50.10 identity or the amount of the obligor's arrears; (ii) arrears 50.11 are reserved by the court or there is a pending legal action 50.12 concerning the unpaid child support; or (iii) other 50.13 circumstances as determined by the commissioner. The list must 50.14 be based on the best information available to the state at the 50.15 time of publication. 50.16 Before publishing the name of the obligor, the department 50.17 of human services shall send a notice to the obligor's last 50.18 known address which states the department's intention to publish 50.19 the obligor's name and the amount of child support the obligor 50.20 owes. The notice must also provide an opportunity to have the 50.21 obligor's name removed from the list by paying the arrearage or 50.22 by entering into an agreement to pay the arrearage, and the 50.23 final date when the payment or agreement can be accepted. 50.24 The department of human services shall insert with the 50.25 notices sent to the obligee, a notice stating the intent to 50.26 publish the obligor's name, and the criteria used to determine 50.27 the publication of the obligor's name. 50.28 Subd. 2. [NAMES PUBLISHED IN ERROR.] If the commissioner 50.29 publishes a name under subdivision 1 which is in error, the 50.30 commissioner must also offer to publish a printed retraction and 50.31 apology acknowledging that the name was published in error. The 50.32 retraction and apology must appear in each publication that 50.33 included the original notice with the name listed in error, and 50.34 it must appear in the same type size and appear the same number 50.35 of times as the original notice. 50.36 Sec. 3. Minnesota Statutes 1994, section 518.611, 51.1 subdivision 1, is amended to read: 51.2 Subdivision 1. [ORDER.] Whenever an obligation for support 51.3 of a dependent child or maintenance of a spouse, or both, is 51.4 determined and ordered by a court of this state, the amount of 51.5 child support or maintenance as determined by court order must 51.6 be withheld from the income, regardless of source, of the person 51.7 obligated to pay the support or maintenance, and paid through 51.8 the public authority. The court shall provide a copy of any 51.9 order where withholding is ordered to the public authority 51.10 responsible for support collections. Every order for 51.11 maintenance or support must include: 51.12 (1) the obligor's social security number and date of birth 51.13 and the name and address of the obligor's employer or other 51.14 payor of funds; and 51.15 (2) provisions for the obligor to keep the public authority 51.16 informed of the name and address of the obligor's current 51.17 employer or payor of funds, and whether the obligor has access 51.18 to employment-related health insurance coverage and, if so, the 51.19 health insurance policy information. 51.20 Sec. 4. Minnesota Statutes 1994, section 518.611, 51.21 subdivision 2, is amended to read: 51.22 Subd. 2. [CONDITIONS OF INCOME WITHHOLDING.] (a) 51.23 Withholding shall result when: 51.24 (1) the obligor requests it in writing to the public 51.25 authority; 51.26 (2) the custodial parent requests it by making a motion to 51.27 the court; or 51.28 (3) the obligor fails to make the maintenance or support 51.29 payments, and the following conditions are met: 51.30 (i) the obligor is at least 30 days in arrears; 51.31 (ii) the obligee or the public authority serves written 51.32 notice of income withholding, showing arrearage, on the obligor 51.33 at least 15 days before service of the notice of income 51.34 withholding and a copy of the court's order on the payor of 51.35 funds; 51.36 (iii) within the 15-day period, the obligor fails to move 52.1 the court to deny withholding on the grounds that an arrearage 52.2 of at least 30 days does not exist as of the date of the notice 52.3 of income withholding, or on other grounds limited to mistakes 52.4 of fact, and, ex parte, to stay service on the payor of funds 52.5 until the motion to deny withholding is heard; 52.6 (iv) the obligee or the public authority serves a copy of52.7 the notice of income withholding, a copy of the court's order or52.8 notice of order,sends the payor of funds a notice of the 52.9 withholding requirements and the provisions of this section on52.10 the payor of funds; and 52.11 (v) the obligee serves on the public authority a copy of 52.12 the notice of income withholding, a copy of the court's order, 52.13 an application, and the fee to use the public authority's 52.14 collection services. 52.15 For those persons not applying for the public authority's IV-D 52.16 services, a monthly service fee of $15 must be charged to the 52.17 obligor in addition to the amount of child support ordered by 52.18 the court and withheld through automatic income withholding, or 52.19 for persons applying for the public authority's IV-D services, 52.20 the service fee under section 518.551, subdivision 7, applies. 52.21 The county agency shall explain to affected persons the services 52.22 available and encourage the applicant to apply for IV-D services. 52.23 (b) To pay the arrearage specified in the notice of income52.24 withholding,The employer or payor of funds shall withhold from 52.25 the obligor's income an additional amount equal to 20 percent of 52.26 the monthly child support or maintenance obligation until the 52.27 arrearage is paid. 52.28 (c) The obligor may move the court, under section 518.64, 52.29 to modify the order respecting the amount of maintenance or 52.30 support. 52.31 (d) Every order for support or maintenance shall provide 52.32 for a conspicuous notice of the provisions of this subdivision 52.33 that complies with section 518.68, subdivision 2. An order 52.34 without this notice remains subject to this subdivision. 52.35 (e) Absent a court order to the contrary, if an arrearage 52.36 exists at the time an order for ongoing support or maintenance 53.1 would otherwise terminate, income withholding shall continue in 53.2 effect in an amount equal to the former support or maintenance 53.3 obligation plus an additional amount equal to 20 percent of the 53.4 monthly child support obligation, until all arrears have been 53.5 paid in full. 53.6 Sec. 5. Minnesota Statutes 1994, section 518.611, 53.7 subdivision 5, is amended to read: 53.8 Subd. 5. [ARREARAGE ORDER.] Nothing in this section shall 53.9 prevent the court from ordering the payor of funds to withhold 53.10 amounts to satisfy the obligor's previous arrearage in child 53.11 support or maintenance payments, the obligor's liability 53.12 for reimbursement of child support or of public assistance 53.13 pursuant to sections 256.87 and 257.66, for pregnancy and 53.14 confinement expenses and for blood test costs, and any service 53.15 fees that may be imposed under section 518.551. This remedy 53.16 shall not operate to exclude availability of other remedies to 53.17 enforce judgments. 53.18 Sec. 6. Minnesota Statutes 1994, section 518.611, 53.19 subdivision 6, is amended to read: 53.20 Subd. 6. [PRIORITY.] (a) An order for withholding under 53.21 this section or execution or garnishment upon a judgment for 53.22 child support arrearages or preadjudicated expenses shall have 53.23 priority over an attachment, execution, garnishment, or wage 53.24 assignment and shall not be subject to the statutory limitations 53.25 on amounts levied against the income of the obligor. Amounts 53.26 withheld from an employee's income must not exceed the maximum 53.27 permitted under the Consumer Credit Protection Act, United 53.28 States Code, title 15, section 1673(b)(2). 53.29 (b) If there is more than one withholding order ona single 53.30 employee is subject to multiple withholding orders for the 53.31 support of more than one child, the payor of funds shall comply 53.32 with all of the orders to the extent that the total amount 53.33 withheld from the payor's income does not exceed the limits 53.34 imposed under the Consumer Credit Protection Act, giving 53.35 priority to amounts designated in each order as current support 53.36 as follows: 54.1 (1) if the total of the amounts designated in the orders as 54.2 current support exceeds the amount available for income 54.3 withholding, the payor of funds shall allocate to each order an 54.4 amount for current support equal to the amount designated in 54.5 that order as current support, divided by the total of the 54.6 amounts designated in the orders as current support, multiplied 54.7 by the amount of the income available for income withholding; 54.8 and 54.9 (2) if the total of the amounts designated in the orders as 54.10 current support does not exceed the amount available for income 54.11 withholding, the payor of funds shall pay the amounts designated 54.12 as current support, and shall allocate to each order an amount 54.13 for past due support equal to the amount designated in that 54.14 order as past due support, divided by the total of the amounts 54.15 designated in the orders as past due support, multiplied by the 54.16 amount of income remaining available for income withholding 54.17 after the payment of current support. 54.18 (c) If more than one order exists involving the same 54.19 obligor and child, the public authority shall enforce the most 54.20 current order. Income withholding that has been implemented 54.21 under a previous order pursuant to this section or section 54.22 518.613 shall be terminated as of the date of the most current 54.23 order. The public authority shall notify the payor of funds to 54.24 withhold under the most current order. 54.25 (d) Notwithstanding any law to the contrary, funds from 54.26 income sources included in section 518.54, subdivision 6, 54.27 whether periodic or lump sum, are not exempt from attachment or 54.28 execution upon a judgment for child support arrearages. 54.29 Sec. 7. Minnesota Statutes 1994, section 518.611, 54.30 subdivision 8a, is amended to read: 54.31 Subd. 8a. [LUMP SUM PAYMENTS.] (a) Upon theBefore 54.32 transmittal of the last reimbursement paymentto the employee,54.33 whereobligor of a lump sum payment including, but not limited 54.34 to, severance pay, accumulated sick pay or, vacation pay is paid54.35 upon termination of employment, and where the employee is in54.36 arrears in making court ordered child support payments, the55.1 employer shall withhold an amount which is the lesser of (1) the55.2 amount in arrears or (2) that portion of the arrearages which is55.3 the product of the obligor's monthly court ordered support55.4 amount multiplied by the number of months of net income that the55.5 lump sum payment represents.55.6 (b)bonuses, commissions, or other pay or benefits: 55.7 (1) an employer, trustee, or other payor of funds who has 55.8 been served with a notice of income withholding under 55.9 subdivision 2 or section 518.613 must: 55.10 (1)(i) notify the public authority of any lump sum payment 55.11 of $500 or more that is to be paid to the obligor; 55.12 (2)(ii) hold the lump sum payment for 30 days after the 55.13 date on which the lump sum payment would otherwise have been 55.14 paid to the obligor, notwithstanding sections 181.08, 181.101, 55.15 181.11, 181.13, and 181.145; and55.16 (3)(iii) upon order of the court, pay any specified amount 55.17 of the lump sum payment to the public authority for current 55.18 support .or reimbursement of support judgment, judgments, or 55.19 arrearages; and 55.20 (iv) upon order of the court, and after a showing of past 55.21 willful nonpayment of support, pay any specified amount of the 55.22 lump sum payment to the public authority for future support; or 55.23 (2) upon service by United States mail of a sworn affidavit 55.24 from the public authority or a court order stating: 55.25 (i) that a judgment entered pursuant to section 548.091, 55.26 subdivision 1a, exists against the obligor, or that other 55.27 support arrearages exist; 55.28 (ii) that a portion of the judgment, judgments, or 55.29 arrearages remains unpaid; and 55.30 (iii) the current balance of the judgment, judgments, or 55.31 arrearages, the payor of funds shall pay to the public authority 55.32 the lesser of the amount of the lump sum payment or the total 55.33 amount of judgments plus arrearages as stated in affidavit or 55.34 court order, subject to the limits imposed under the consumer 55.35 credit protection act. 55.36 Sec. 8. Minnesota Statutes 1994, section 518.613, 56.1 subdivision 1, is amended to read: 56.2 Subdivision 1. [GENERAL.] Notwithstanding any provision of 56.3 section 518.611, subdivision 2 or 3, to the contrary, whenever 56.4 an obligation for child support or maintenance, enforced by the 56.5 public authority, is initially determined and ordered or 56.6 modified by the court in a county in which this section applies, 56.7 the amount of child support or maintenance ordered by the court 56.8 and any fees assessed by the public authority responsible for 56.9 child support enforcement must be withheld from the income and 56.10 forwarded to the public authority, regardless of the source of 56.11 income, of the person obligated to pay the support. 56.12 Sec. 9. Minnesota Statutes 1994, section 518.613, 56.13 subdivision 2, is amended to read: 56.14 Subd. 2. [ORDER; COLLECTION SERVICES.] Every order for 56.15 child support must include the obligor's social security number 56.16 and date of birth and the name and address of the obligor's 56.17 employer or other payor of funds. In addition, every order must 56.18 contain provisions requiring the obligor to keep the public 56.19 authority informed of the name and address of the obligor's 56.20 current employer, or other payor of funds and whether the 56.21 obligor has access to employment-related health insurance 56.22 coverage and, if so, the health insurance policy information. 56.23 Upon entry of the order for support or maintenance, the court 56.24 shall mail a copy of the court's automatic income withholding56.25 order and the provisions of section 518.611 and this section to56.26 the obligor's employer or other payor of funds andprovide a 56.27 copy of the withholding order to the public authority 56.28 responsible for child support enforcement. An obligee who is 56.29 not a recipient of public assistance must decide to either apply 56.30 for the IV-D collection services of the public authority or 56.31 obtain income withholding only services when an order for 56.32 support is entered unless the requirements of this section have 56.33 been waived under subdivision 7. The supreme court shall 56.34 develop a standard automatic income withholding form to be used 56.35 by all Minnesota courts. This form shall be made a part of any 56.36 order for support or decree by reference. 57.1 Sec. 10. Minnesota Statutes 1994, section 518.614, 57.2 subdivision 1, is amended to read: 57.3 Subdivision 1. [STAY OF SERVICE.] If the court finds there 57.4 is no arrearage in child support or maintenance as of the date 57.5 of the court hearing, the court shall stay service of the order 57.6 under section 518.613, subdivision 2, in a county in which that57.7 section appliesif the obligor establishes a savings account for 57.8 a sum equal to two months of the monthly child support or 57.9 maintenance obligation and provides proof of the establishment 57.10 to the court and the public authority on or before the day of 57.11 the court hearing determining the obligation. This sum must be 57.12 held in a financial institution in an interest-bearing account 57.13 with only the public authority authorized as drawer of funds. 57.14 Proof of the establishment must include the financial 57.15 institution name and address, account number, and the amount of 57.16 deposit. 57.17 Sec. 11. Minnesota Statutes 1994, section 518.64, 57.18 subdivision 4, is amended to read: 57.19 Subd. 4. Unless otherwise agreed in writing or expressly 57.20 provided in the order, provisions for the support of a child are 57.21 not terminated by emancipation of the child but notby the death 57.22 of a parent obligated to support the child. When a parent 57.23 obligated to pay support dies, the amount of support may be 57.24 modified, revoked, or commuted to a lump sum payment, to the 57.25 extent just and appropriate in the circumstances. 57.26 Sec. 12. Minnesota Statutes 1994, section 518.64, is 57.27 amended by adding a subdivision to read: 57.28 Subd. 4a. [AUTOMATIC TERMINATION OF SUPPORT.] (a) Unless a 57.29 court order provides otherwise, a child support obligation in a 57.30 specific amount per child terminates automatically and without 57.31 any action by the obligor to reduce, modify, or terminate the 57.32 order upon the emancipation of the child as provided under 57.33 section 518.54, subdivision 2. 57.34 (b) A child support obligation for two or more children 57.35 that is not a support obligation in a specific amount per child 57.36 continues in the full amount until the emancipation of the last 58.1 child for whose benefit the order was made, or until further 58.2 order of the court. 58.3 (c) The obligor may request a modification of the obligor's 58.4 child support order upon the emancipation of a child if there 58.5 are still minor children under the order. The child support 58.6 obligation shall be determined based on the income of the 58.7 parties at the time the modification is sought. 58.8 Sec. 13. Minnesota Statutes 1994, section 518C.310, is 58.9 amended to read: 58.10 518C.310 [DUTIES OF STATE INFORMATION AGENCY.] 58.11 (a) The unit within the department of human services that 58.12 receives and disseminates incoming interstate actions under 58.13 title IV-D of the Social Security Act from section 518C.02, 58.14 subdivision 1a, is the state information agency under this 58.15 chapter. 58.16 (b) The state information agency shall: 58.17 (1) compile and maintain a current list, including 58.18 addresses, of the tribunals in this state which have 58.19 jurisdiction under this chapter and any support enforcement 58.20 agencies in this state and transmit a copy to the state 58.21 information agency of every other state; 58.22 (2) maintain a register of tribunals and support 58.23 enforcement agencies received from other states; 58.24 (3) forward to the appropriate tribunal in the place in 58.25 this state in which the individual obligee or the obligor 58.26 resides, or in which the obligor's property is believed to be 58.27 located, all documents concerning a proceeding under this 58.28 chapter received from an initiating tribunal or the state 58.29 information agency of the initiating state; and58.30 (4) obtain information concerning the location of the 58.31 obligor and the obligor's property within this state not exempt 58.32 from execution, by such means as postal verification and federal 58.33 or state locator services, examination of telephone directories, 58.34 requests for the obligor's address from employers, and 58.35 examination of governmental records, including, to the extent 58.36 not prohibited by other law, those relating to real property, 59.1 vital statistics, law enforcement, taxation, motor vehicles, 59.2 driver's licenses, and social security .; and 59.3 (5) determine which foreign jurisdictions and Indian tribes 59.4 have substantially similar procedures for issuance and 59.5 enforcement of support orders. The state information agency 59.6 shall compile and maintain a list, including addresses, of all 59.7 these foreign jurisdictions and Indian tribes. The state 59.8 information agency shall make this list available to all state 59.9 tribunals and all support enforcement agencies. 59.10 Sec. 14. Minnesota Statutes 1994, section 548.15, is 59.11 amended to read: 59.12 548.15 [DISCHARGE OF RECORD.] 59.13 Subdivision 1. [GENERAL.] Except as provided in 59.14 subdivision 2, upon the satisfaction of a judgment, whether 59.15 wholly or in part, or as to all or any of several defendants, 59.16 the court administrator shall enter the satisfaction in the 59.17 judgment roll, and note it, with its date, on the docket. If 59.18 the docketing is upon a transcript from another county, the 59.19 entry on the docket is sufficient. A judgment is satisfied when 59.20 there is filed with the court administrator: 59.21 (1) an execution satisfied, to the extent stated in the 59.22 sheriff's return on it; 59.23 (2) a certificate of satisfaction signed and acknowledged 59.24 by the judgment creditor; 59.25 (3) a like certificate signed and acknowledged by the 59.26 attorney of the creditor, unless that attorney's authority as 59.27 attorney has previously been revoked and an entry of the 59.28 revocation made upon the register; the authority of an attorney 59.29 to satisfy a judgment ceases at the end of six years from its 59.30 entry; 59.31 (4) an order of the court, made on motion, requiring the 59.32 execution of a certificate of satisfaction, or directing 59.33 satisfaction to be entered without it; 59.34 (5) where a judgment is docketed on transcript, a copy of 59.35 either of the foregoing documents, certified by the court 59.36 administrator in which the judgment was originally entered and 60.1 in which the originals were filed. 60.2 A satisfaction made in the name of a partnership is valid 60.3 if executed by a member of it while the partnership continues. 60.4 The judgment creditor, or the creditor's attorney while the 60.5 attorney's authority continues, may also satisfy a judgment of 60.6 record by a brief entry on the register, signed by the creditor 60.7 or the creditor's attorney and dated and witnessed by the court 60.8 administrator, who shall note the satisfaction on the margin of 60.9 the docket. Except as provided in subdivision 2, when a 60.10 judgment is satisfied otherwise than by return of execution, the 60.11 judgment creditor or the creditor's attorney shall file a 60.12 certificate of it with the court administrator within ten days 60.13 after the satisfaction or within 30 days of payment by check or 60.14 other noncertified funds. 60.15 Subd. 2. [CHILD SUPPORT OR MAINTENANCE JUDGMENT.] In the 60.16 case of a judgment for child support or spousal maintenance, an 60.17 execution or certificate of satisfaction need not be filed with 60.18 the court until the judgment is satisfied in full. 60.19 Sec. 15. Minnesota Statutes 1994, section 609.375, 60.20 subdivision 1, is amended to read: 60.21 Subdivision 1. Whoever is legally obligated to provide 60.22 care and support to a spouse who is in necessitous60.23 circumstances,or child, whether or not its custody has been 60.24 granted to another, and knowingly omits and fails without lawful 60.25 excuse to do so is guilty of a misdemeanor, and upon conviction 60.26 may be sentenced to imprisonment for not more than 90 days or to 60.27 payment of a fine of not more than $700, or both. 60.28 Sec. 16. [SUSPENSION OF PUBLICATIONS.] 60.29 Notwithstanding Minnesota Statutes, section 518.575, the 60.30 commissioner of human services may not publish names of 60.31 delinquent child support obligors until January 1, 1997; prior 60.32 to January 1, 1997, a county may publish names in accordance 60.33 with Minnesota Statutes, section 518.575, provided the 60.34 publication is cost-neutral to the state. 60.35 Sec. 17. [REPEALER.] 60.36 Minnesota Statutes 1994, section 518.64, subdivision 6, is 61.1 repealed. 61.2 Sec. 18. [EFFECTIVE DATE.] 61.3 Section 16 is effective the day following final enactment. 61.4 ARTICLE 4 61.5 RECOGNITION OF PARENTAGE; MN ENABL 61.6 Section 1. [145.9255] [MN ENABL, MINNESOTA EDUCATION NOW 61.7 AND BABIES LATER.] 61.8 Subdivision 1. [ESTABLISHMENT.] The commissioner of 61.9 health, in consultation with a representative from Minnesota 61.10 planning, the commissioner of human services, and the 61.11 commissioner of education, shall develop and implement the 61.12 Minnesota education now and babies later (MN ENABL) program, 61.13 targeted to adolescents ages 12 to 14, with the goal of reducing 61.14 the incidence of adolescent pregnancy in the state. The program 61.15 must provide a multifaceted, primary prevention, community 61.16 health promotion approach to educating and supporting 61.17 adolescents in the decision to postpone sexual involvement 61.18 modeled after the ENABL program in California. The commissioner 61.19 of health shall consult with the chief of the health education 61.20 section of the California department of health services for 61.21 general guidance in developing and implementing the program. 61.22 Subd. 2. [DEFINITION.] "Community-based local contractor" 61.23 or "contractor" includes boards of health under section 145A.02, 61.24 nonprofit organizations, or school districts. The 61.25 community-based local contractors may provide the education 61.26 component of MN ENABL in a variety of settings including, but 61.27 not limited to, schools, religious establishments, local 61.28 community centers, and youth camps. 61.29 Subd. 3. [DUTIES OF COMMISSIONER OF HEALTH.] The 61.30 commissioner shall: 61.31 (1) manage the grant process, including awarding and 61.32 monitoring grants to community-based local contractors, and may 61.33 contract with community-based local contractors that can 61.34 demonstrate at least a 25 percent local match and agree to 61.35 participate in the four MN ENABL program components under 61.36 subdivision 4; 62.1 (2) provide technical assistance to the community-based 62.2 local contractors as necessary under subdivision 4; 62.3 (3) develop and implement the evaluation component, and 62.4 provide centralized coordination at the state level of the 62.5 evaluation process; and 62.6 (4) explore and pursue the federal funding possibilities 62.7 and specifically request funding from the United States 62.8 Department of Health and Human Services to supplement the 62.9 development and implementation of the program. 62.10 Subd. 4. [PROGRAM COMPONENTS.] The program must include 62.11 the following four major components: 62.12 (a) A community organization component in which the 62.13 community-based local contractors shall include: 62.14 (1) use of a postponing sexual involvement education 62.15 curriculum targeted to boys and girls ages 12 to 14 in schools 62.16 and/or community settings; 62.17 (2) planning and implementing community organization 62.18 strategies to convey and reinforce the MN ENABL message of 62.19 postponing sexual involvement, including activities promoting 62.20 awareness and involvement of parents and other primary 62.21 caregivers/significant adults, schools, and community; and 62.22 (3) development of local media linkages. 62.23 (b) A statewide, comprehensive media and public relations 62.24 campaign to promote changes in sexual attitudes and behaviors, 62.25 and reinforce the message of postponing adolescent sexual 62.26 involvement. 62.27 The commissioner of health, in consultation with the 62.28 commissioner of education, shall contract with the attorney 62.29 general's office to develop and implement the media and public 62.30 relations campaign. In developing the campaign, the attorney 62.31 general's office shall coordinate and consult with 62.32 representatives from ethnic and local communities to maximize 62.33 effectiveness of the social marketing approach to health 62.34 promotion among the culturally diverse population of the state. 62.35 The development and implementation of the campaign is subject to 62.36 input and approval by the commissioner of health. 63.1 The local community-based contractors shall collaborate and 63.2 coordinate efforts with other community organizations and 63.3 interested persons to provide school and community-wide 63.4 promotional activities that support and reinforce the message of 63.5 the MN ENABL curriculum. 63.6 (c) An evaluation component which evaluates the process and 63.7 the impact of the program. 63.8 The "process evaluation" must provide information to the 63.9 state on the breadth and scope of the program. The evaluation 63.10 must identify program areas that might need modification and 63.11 identify local MN ENABL contractor strategies and procedures 63.12 which are particularly effective. Contractors must keep 63.13 complete records on the demographics of clients served, number 63.14 of direct education sessions delivered and other appropriate 63.15 statistics, and must document exactly how the program was 63.16 implemented. The commissioner may select contractor sites for 63.17 more in-depth case studies. 63.18 The "impact evaluation" must provide information to the 63.19 state on the impact of the different components of the MN ENABL 63.20 program and an assessment of the impact of the program on 63.21 adolescent's related sexual knowledge, attitudes, and 63.22 risk-taking behavior. 63.23 The commissioner shall compare the MN ENABL evaluation 63.24 information and data with similar evaluation data from other 63.25 states pursuing a similar adolescent pregnancy prevention 63.26 program modeled after ENABL and use the information to improve 63.27 MN ENABL and build on aspects of the program that have 63.28 demonstrated a delay in adolescent sexual involvement. 63.29 (d) A training component requiring the commissioner of 63.30 health, in consultation with the commissioner of education, to 63.31 provide comprehensive uniform training to the local MN ENABL 63.32 community-based local contractors and the direct education 63.33 program staff. 63.34 The local community-based contractors may use adolescent 63.35 leaders slightly older than the adolescents in the program to 63.36 impart the message to postpone sexual involvement provided: 64.1 (1) the contractor follows a protocol for adult 64.2 mentors/leaders and older adolescent leaders established by the 64.3 commissioner of health; 64.4 (2) the older adolescent leader is accompanied by an adult 64.5 leader; and 64.6 (3) the contractor uses the curriculum as directed and 64.7 required by the commissioner of the department of health to 64.8 implement this part of the program. The commissioner of health 64.9 shall provide technical assistance to community-based local 64.10 contractors. 64.11 Sec. 2. Minnesota Statutes 1994, section 256.87, 64.12 subdivision 5, is amended to read: 64.13 Subd. 5. [CHILD NOT RECEIVING ASSISTANCE.] A person or 64.14 entity having physical custody of a dependent child not 64.15 receiving assistance under sections 256.031 to 256.0361, or 64.16 256.72 to 256.87 has a cause of action for child support against 64.17 the child's absent parents. Upon a motion served on the absent 64.18 parent, the court shall order child support payments from the 64.19 absent parent under chapter 518. The absent parent's liability 64.20 may include up to the two years immediately preceding the 64.21 commencement of the action. This subdivision applies only if 64.22 the person or entity has physical custody with the consent of a 64.23 custodial parent or approval of the court. 64.24 Sec. 3. Minnesota Statutes 1994, section 257.34, is 64.25 amended by adding a subdivision to read: 64.26 Subd. 4. [EXPIRATION OF AUTHORITY FOR DECLARATIONS.] No 64.27 acknowledgment of parentage shall be entered into on or after 64.28 August 1, 1995 under this section. The mother and father of a 64.29 child born to a mother who was not married to the child's father 64.30 when the child was conceived nor when the child was born may 64.31 before, on, or after August 1, 1995, sign a recognition of 64.32 parentage under section 257.75. 64.33 Sec. 4. Minnesota Statutes 1994, section 257.55, 64.34 subdivision 1, is amended to read: 64.35 Subdivision 1. [PRESUMPTION.] A man is presumed to be the 64.36 biological father of a child if: 65.1 (a) He and the child's biological mother are or have been 65.2 married to each other and the child is born during the marriage, 65.3 or within 280 days after the marriage is terminated by death, 65.4 annulment, declaration of invalidity, dissolution, or divorce, 65.5 or after a decree of legal separation is entered by a court; 65.6 (b) Before the child's birth, he and the child's biological 65.7 mother have attempted to marry each other by a marriage 65.8 solemnized in apparent compliance with law, although the 65.9 attempted marriage is or could be declared void, voidable, or 65.10 otherwise invalid, and, 65.11 (1) if the attempted marriage could be declared invalid 65.12 only by a court, the child is born during the attempted 65.13 marriage, or within 280 days after its termination by death, 65.14 annulment, declaration of invalidity, dissolution or divorce; or 65.15 (2) if the attempted marriage is invalid without a court 65.16 order, the child is born within 280 days after the termination 65.17 of cohabitation; 65.18 (c) After the child's birth, he and the child's biological 65.19 mother have married, or attempted to marry, each other by a 65.20 marriage solemnized in apparent compliance with law, although 65.21 the attempted marriage is or could be declared void, voidable, 65.22 or otherwise invalid, and, 65.23 (1) he has acknowledged his paternity of the child in 65.24 writing filed with the state registrar of vital statistics; 65.25 (2) with his consent, he is named as the child's father on 65.26 the child's birth certificate; or 65.27 (3) he is obligated to support the child under a written 65.28 voluntary promise or by court order; 65.29 (d) While the child is under the age of majority, he 65.30 receives the child into his home and openly holds out the child 65.31 as his biological child; 65.32 (e) He and the child's biological mother acknowledge his 65.33 paternity of the child in a writing signed by both of them under 65.34 section 257.34 and filed with the state registrar of vital 65.35 statistics. If another man is presumed under this paragraph to 65.36 be the child's father, acknowledgment may be effected only with 66.1 the written consent of the presumed father or after the 66.2 presumption has been rebutted; 66.3 (f) Evidence of statistical probability of paternity based 66.4 on blood testing establishes the likelihood that he is the 66.5 father of the child, calculated with a prior probability of no 66.6 more than 0.5 (50 percent), is 99 percent or greater; 66.7 (g) He and the child's biological mother have executed a 66.8 recognition of parentage in accordance with section 257.75 and 66.9 another man is presumed to be the father under this subdivision; 66.10 or66.11 (h) He and the child's biological mother have executed a 66.12 recognition of parentage in accordance with section 257.75 and 66.13 another man and the child's mother have executed a recognition 66.14 of parentage in accordance with section 257.75; or 66.15 (i) He and the child's biological mother executed a 66.16 recognition of parentage in accordance with section 257.75 when 66.17 either or both of the signatories were less than 18 years of age. 66.18 Sec. 5. Minnesota Statutes 1994, section 257.57, 66.19 subdivision 2, is amended to read: 66.20 Subd. 2. The child, the mother, or personal representative 66.21 of the child, the public authority chargeable by law with the 66.22 support of the child, the personal representative or a parent of 66.23 the mother if the mother has died or is a minor, a man alleged 66.24 or alleging himself to be the father, or the personal 66.25 representative or a parent of the alleged father if the alleged 66.26 father has died or is a minor may bring an action: 66.27 (1) at any time for the purpose of declaring the existence 66.28 of the father and child relationship presumed under section 66.29 257.55, subdivision 1, paragraph (d), (e), (f), (g), or (h), or 66.30 the nonexistence of the father and child relationship presumed 66.31 under clause (d) of that subdivision; 66.32 (2) for the purpose of declaring the nonexistence of the 66.33 father and child relationship presumed under section 257.55, 66.34 subdivision 1, paragraph (e) or (g), only if the action is 66.35 brought within three years after the date of the execution of 66.36 the declaration or recognition of parentage; or67.1 (3) for the purpose of declaring the nonexistence of the 67.2 father and child relationship presumed under section 257.55, 67.3 subdivision 1, paragraph (f), only if the action is brought 67.4 within three years after the party bringing the action, or the 67.5 party's attorney of record, has been provided the blood test 67.6 results; or 67.7 (4) for the purpose of declaring the nonexistence of the 67.8 father and child relationship presumed under section 257.75, 67.9 subdivision 9, only if the action is brought by the minor 67.10 signatory within six months after the minor signatory reaches 67.11 the age of 18. In the case of a recognition of parentage 67.12 executed by two minor signatories, the action to declare the 67.13 nonexistence of the father and child relationship must be 67.14 brought within six months after the youngest signatory reaches 67.15 the age of 18. 67.16 Sec. 6. Minnesota Statutes 1994, section 257.60, is 67.17 amended to read: 67.18 257.60 [PARTIES.] 67.19 The child may be made a party to the action. If the child 67.20 is a minor and is made a party, a general guardian or a guardian 67.21 ad litem shall be appointed by the court to represent the 67.22 child. The child's mother or father may not represent the child 67.23 as guardian or otherwise. The biological mother, each man 67.24 presumed to be the father under section 257.55, and each man 67.25 alleged to be the biological father, shall be made parties or, 67.26 if not subject to the jurisdiction of the court, shall be given 67.27 notice of the action in a manner prescribed by the court and 67.28 shall be given an opportunity to be heard. The public agency 67.29 responsible for support enforcement is joined as a party in each 67.30 case in which rights are assigned under section 256.74, 67.31 subdivision 5, and in each case in which the public agency is 67.32 providing services pursuant to an application for child support 67.33 services. A person who may bring an action under section 257.57 67.34 may be made a party to the action. The court may align the 67.35 parties. The child shall be made a party whenever: 67.36 (1) the child is a minor and the case involves a compromise 68.1 under section 257.64, subdivision 1, or a lump sum payment under 68.2 section 257.66, subdivision 4, in which case the commissioner of 68.3 human services shall also be made a party subject to department 68.4 of human services rules relating to paternity suit settlements; 68.5 or 68.6 (2) the child is a minor and the action is to declare the 68.7 nonexistence of the father and child relationship; or 68.8 (3) an action to declare the existence of the father and 68.9 child relationship is brought by a man presumed to be the father 68.10 under section 257.55, or a man who alleges to be the father, and 68.11 the mother of the child denies the existence of the father and 68.12 child relationship. 68.13 Sec. 7. [257.651] [DEFAULT ORDER OF PARENTAGE.] 68.14 In an action to determine the existence of the father and 68.15 child relationship under sections 257.51 to 257.74, if the 68.16 alleged father fails to appear at a hearing after service duly 68.17 made and proved, the court shall enter a default judgment or 68.18 order of paternity. 68.19 Sec. 8. Minnesota Statutes 1994, section 257.67, 68.20 subdivision 1, is amended to read: 68.21 Subdivision 1. If existence of the parent and child 68.22 relationship is declared, or parentage or a duty of support has 68.23 been acknowledged or adjudicated under sections 257.51 to 257.74 68.24 or under prior law, the obligation of the noncustodial parent 68.25 may be enforced in the same or other proceedings by the 68.26 custodial parent, the child, the public authority that has 68.27 furnished or may furnish the reasonable expenses of pregnancy, 68.28 confinement, education, support, or funeral, or by any other 68.29 person, including a private agency, to the extent that person 68.30 has furnished or is furnishing these expenses. Full faith and 68.31 credit shall be given to a determination of paternity made by 68.32 another state, whether established through voluntary 68.33 acknowledgment or through administrative or judicial processes. 68.34 Sec. 9. Minnesota Statutes 1994, section 257.75, 68.35 subdivision 3, is amended to read: 68.36 Subd. 3. [EFFECT OF RECOGNITION.] Subject to subdivision 2 69.1 and section 257.55, subdivision 1, paragraph (g) or (h), the 69.2 recognition has the force and effect of a judgment or order 69.3 determining the existence of the parent and child relationship 69.4 under section 257.66. If the conditions in section 257.55, 69.5 subdivision 1, paragraph (g) or (h), exist, the recognition 69.6 creates only a presumption of paternity for purposes of sections 69.7 257.51 to 257.74. Until an order is entered granting custody to 69.8 another, the mother has sole custody. The recognition is: 69.9 (1) a basis for bringing an action to award custody or 69.10 visitation rights to either parent, establishing a child support 69.11 obligation which may include up to the two years immediately 69.12 preceding the commencement of the action, ordering a 69.13 contribution by a parent under section 256.87, or ordering a 69.14 contribution to the reasonable expenses of the mother's 69.15 pregnancy and confinement, as provided under section 257.66, 69.16 subdivision 3, or ordering reimbursement for the costs of blood 69.17 or genetic testing, as provided under section 257.69, 69.18 subdivision 2; 69.19 (2) determinative for all other purposes related to the 69.20 existence of the parent and child relationship; and 69.21 (3) entitled to full faith and credit in other 69.22 jurisdictions. 69.23 Sec. 10. Minnesota Statutes 1994, section 257.75, is 69.24 amended by adding a subdivision to read: 69.25 Subd. 9. [EXECUTION BY A MINOR PARENT.] A recognition of 69.26 parentage executed and filed in accordance with this section by 69.27 a minor parent creates a presumption of paternity for the 69.28 purposes of sections 257.51 to 257.74. 69.29 Sec. 11. Minnesota Statutes 1994, section 517.08, 69.30 subdivision 1b, is amended to read: 69.31 Subd. 1b. [TERM OF LICENSE; FEE.] The court administrator 69.32 shall examine upon oath the party applying for a license 69.33 relative to the legality of the contemplated marriage. If at 69.34 the expiration of a five-day period, on being satisfied that 69.35 there is no legal impediment to it, the court administrator 69.36 shall issue the license, containing the full names of the 70.1 parties before and after marriage, and county and state of 70.2 residence, with the district court seal attached, and make a 70.3 record of the date of issuance. The license shall be valid for 70.4 a period of six months. In case of emergency or extraordinary 70.5 circumstances, a judge of the county court or a judge of the 70.6 district court of the county in which the application is made, 70.7 may authorize the license to be issued at any time before the 70.8 expiration of the five days. The court administrator shall 70.9 collect from the applicant a fee of $65$70 for administering 70.10 the oath, issuing, recording, and filing all papers required, 70.11 and preparing and transmitting to the state registrar of vital 70.12 statistics the reports of marriage required by this section. If 70.13 the license should not be used within the period of six months 70.14 due to illness or other extenuating circumstances, it may be 70.15 surrendered to the court administrator for cancellation, and in 70.16 that case a new license shall issue upon request of the parties 70.17 of the original license without fee. A court administrator who 70.18 knowingly issues or signs a marriage license in any manner other 70.19 than as provided in this section shall pay to the parties 70.20 aggrieved an amount not to exceed $1,000. 70.21 Sec. 12. Minnesota Statutes 1994, section 517.08, 70.22 subdivision 1c, is amended to read: 70.23 Subd. 1c. [DISPOSITION OF LICENSE FEE.] Of the marriage 70.24 license fee collected pursuant to subdivision 1b, the court 70.25 administrator shall pay $50$55 to the state treasurer to be 70.26 deposited in the general fundas follows: 70.27 (1) $50 in the general fund; 70.28 (2) $3 in the special revenue fund to be appropriated to 70.29 the commissioner of human services for supervised visitation 70.30 facilities under section 256F.09; and 70.31 (3) $2 in the special revenue fund to be appropriated to 70.32 the commissioner of health for developing and implementing the 70.33 MN ENABL program under section 145.9255. 70.34 Sec. 13. [518.255] [PROVISION OF LEGAL SERVICES BY THE 70.35 PUBLIC AUTHORITY.] 70.36 The provision of services under the child support 71.1 enforcement program that includes services by an attorney or an 71.2 attorney's representative employed by, under contract to, or 71.3 representing the public authority does not create an 71.4 attorney-client relationship with any party other than the 71.5 public authority. Attorneys employed by or under contract with 71.6 the public authority have an affirmative duty to inform 71.7 applicants and recipients of services under the child support 71.8 enforcement program that no attorney-client relationship exists 71.9 between the attorney and the applicant or recipient. This 71.10 section applies to all legal services provided by the child 71.11 support enforcement program. 71.12 The written notice must inform the individual applicant or 71.13 recipient of services that no attorney-client relationship 71.14 exists between the attorney and the applicant or recipient; the 71.15 rights of the individual as a subject of data under section 71.16 13.04, subdivision 2; and that the individual has a right to 71.17 have an attorney represent the individual. 71.18 Data disclosed by an applicant for, or recipient of, child 71.19 support services to an attorney employed by, or under contract 71.20 with, the public authority is private data on an individual. 71.21 However, the data may be disclosed under section 13.46, 71.22 subdivision 2, clauses (1) to (3) and (6) to (19), and in order 71.23 to obtain, modify or enforce child support, medical support, and 71.24 parentage determinations. 71.25 An attorney employed by, or under contract with, the public 71.26 authority may disclose additional information received from an 71.27 applicant for, or recipient of, services for other purposes with 71.28 the consent of the individual applicant for, or recipient of, 71.29 child support services. 71.30 Sec. 14. [EFFECTIVE DATE.] 71.31 Sections 2 and 9 are effective the day following final 71.32 enactment and are retroactive to January 1, 1994. 71.33 ARTICLE 5 71.34 CHILD SUPPORT PROCEDURES 71.35 Section 1. Minnesota Statutes 1994, section 518.5511, 71.36 subdivision 1, is amended to read: 72.1 Subdivision 1. [GENERAL.] (a) An administrative process is 72.2 established to obtain, modify, and enforce child and medical 72.3 support orders and parentage orders and modify maintenance if 72.4 combined with a child support proceeding. All laws governing 72.5 these actions apply insofar as they are not inconsistent with 72.6 the provisions of this section and section 518.5512. Wherever 72.7 other laws are inconsistent with this section and section 72.8 518.5512, the provisions in this section and section 518.5512 72.9 shall apply. 72.10 (b) All proceedings for obtaining, modifying, or enforcing 72.11 child and medical support orders and modifying maintenance 72.12 orders if combined with a child support proceeding, are required 72.13 to be conducted in the administrative process when the public 72.14 authority is a party or provides services to a party or parties 72.15 to the proceedings. At county option, the administrative 72.16 process may include contempt motions or actions to establish 72.17 parentage. Nothing contained herein shall prevent a party, upon 72.18 timely notice to the public authority, from commencing an action 72.19 or bringing a motion for the establishment, modification, or 72.20 enforcement of child support or modification of maintenance 72.21 orders if combined with a child support proceeding in district 72.22 court, if additional issues involving domestic abuse, 72.23 establishment or modification of custody or visitation, property 72.24 issues, or other issues outside the jurisdiction of the 72.25 administrative process, are part of the motion or action, or 72.26 from proceeding with a motion or action brought by another party 72.27 containing one or more of these issues if it is pending in 72.28 district court. 72.29 (c) A party may make a written request to the public 72.30 authority to initiate an uncontested administrative proceeding. 72.31 If the public authority denies the request, the public authority 72.32 shall issue a summary ordernotice which denies the request for 72.33 relief, states the reasons for the denial, and notifies the 72.34 party of the right to commence an action for relief. If the 72.35 party commences an action or serves and files a motion within 30 72.36 days after the public authority's denial and the party's action 73.1 results in a modification of a child support order, the 73.2 modification may be retroactive to the date the written request 73.3 was received by the public authority. 73.4 (d) After August 1, 1994, all counties shall participate in 73.5 the administrative process established in this section in 73.6 accordance with a statewide implementation plan to be set forth 73.7 by the commissioner of human services. No county shall be 73.8 required to participate in the administrative process until 73.9 after the county has been trained. The implementation plan 73.10 shall include provisions for training the counties by region no 73.11 later than July 1, 1995. 73.12 (e) For the purpose of the administrative process, all 73.13 powers, duties, and responsibilities conferred on judges of 73.14 district court to obtain and enforce child and medical support 73.15 and parentage and maintenance obligations, subject to the 73.16 limitations of this section are conferred on administrative law 73.17 judges, including the power to issue subpoenas, orders to show 73.18 cause, and bench warrants for failure to appear. 73.19 The administrative law judge has the authority to enter 73.20 parentage orders in which the custody and visitation provisions 73.21 are uncontested. 73.22 Sec. 2. Minnesota Statutes 1994, section 518.5511, 73.23 subdivision 2, is amended to read: 73.24 Subd. 2. [UNCONTESTED ADMINISTRATIVE PROCEEDING.] (a) A 73.25 party may petition the chief administrative law judge, the chief 73.26 district court judge, or the chief family court referee to 73.27 proceed immediately to a contested hearing upon good cause shown. 73.28 (b) The public authority shall give the parties written 73.29 notice requesting the submission of information necessary for 73.30 the public authority to prepare a proposed child supportorder. 73.31 The written notice shall be sent by first class mail to the 73.32 parties' last known addresses. The written notice shall 73.33 describe the information requested, state the purpose of the 73.34 request, state the date by which the information must be 73.35 postmarked or received (which shall be at least 30 days from the 73.36 date of the mailing of the written notice), state that if the 74.1 information is not postmarked or received by that date, the 74.2 public authority will prepare a proposed order on the basis of 74.3 the information available, and identify the type of information 74.4 which will be considered. 74.5 (c) Following the submission of information or following 74.6 the date when the information was due, the public authority 74.7 shall, on the basis of all information available, complete and 74.8 sign a proposed child supportorder and notice. In preparing 74.9 the proposed child supportorder, the public authority will 74.10 establish child support in the highest amount permitted under 74.11 section 518.551, subdivision 5. The proposed order shall 74.12 include written findings in accordance with section 518.551, 74.13 subdivision 5, clauses (i) and (j). The notice shall state that 74.14 the proposed child supportorder will be entered as a final and 74.15 binding default order unless one of the parties requests a 74.16 conference under subdivision 3 within 1421 days following the 74.17 date of service of the proposed child supportorder. The method 74.18 for requesting the conference shall be stated in the notice. 74.19 The notice and proposed child supportorder shall be served 74.20 under the rules of civil procedure. For the purposes of the 74.21 contested hearing, and notwithstanding any law or rule to the 74.22 contrary, the service of the proposed order pursuant to this 74.23 paragraph shall be deemed to have commenced a proceeding and the 74.24 judge, including an administrative law judge or a referee, shall 74.25 have jurisdiction over the contested hearing. 74.26 (d) If a conference under subdivision 3 is not requested by 74.27 a party within 1421 days after the date of service of the 74.28 proposed child supportorder, the public authority may enter74.29 submit the proposed order as the default order. The default 74.30 order becomes effective 30 days after the date of service of the74.31 notice in paragraph (c)enforceable upon signature by an 74.32 administrative law judge, district court judge, or referee. The 74.33 public authority may also prepare and serve a new notice and 74.34 proposed child supportorder if new information is subsequently 74.35 obtained. The default child supportorder shall be a final 74.36 order, and shall be served under the rules of civil procedure. 75.1 (e) The public authority shall file in the district court 75.2 copies of all notices served on the parties, proof of service, 75.3 and all orders. 75.4 Sec. 3. Minnesota Statutes 1994, section 518.5511, 75.5 subdivision 3, is amended to read: 75.6 Subd. 3. [ADMINISTRATIVE CONFERENCE.] (a) If a party 75.7 requests a conference within 1421 days of the date of service 75.8 of the proposed order, the public authority shall schedule a 75.9 conference, and shall serve written notice of the date, time, 75.10 and place of the conference on the parties. 75.11 (b) The purpose of the conference is to review all 75.12 available information and seek an agreement to enter a consent 75.13 child supportorder. The notice shall state the purpose of the 75.14 conference, and that the proposed child supportorder will be 75.15 entered as a final and binding default order if the requesting 75.16 party fails to appear at the conference. The notice shall be 75.17 served on the parties by first class mail at their last known 75.18 addresses, and the method of service shall be documented in the 75.19 public authority file. 75.20 (c) A party alleging domestic abuse by the other party 75.21 shall not be required to participate in a conference. In such a 75.22 case, the public authority shall meet separately with the 75.23 parties in order to determine whether an agreement can be 75.24 reached. 75.25 (d) If the party requesting the conference does not appear 75.26 and fails to provide a written excuse (with supporting 75.27 documentation if relevant) to the public authority within seven 75.28 days after the date of the conference which constitutes good 75.29 cause, the public authority may enter a default child support75.30 order through the uncontested administrative process. The 75.31 public authority shall not enter the default order until at 75.32 least seven days after the date of the conference. 75.33 For purposes of this section, misrepresentation, excusable 75.34 neglect, or circumstances beyond the control of the person who 75.35 requested the conference which prevented the person's appearance 75.36 at the conference constitutes good cause for failure to appear. 76.1 If the public authority finds good cause, the conference shall 76.2 be rescheduled by the public authority and the public authority 76.3 shall send notice as required under this subdivision. 76.4 (e) If the parties appear at the conference, the public 76.5 authority shall seek agreement of the parties to the entry of a 76.6 consent child supportorder which establishes child support in 76.7 accordance with applicable law. The public authority shall 76.8 advise the parties that if a consent order is not entered, the 76.9 matter will be scheduled for a hearing before an administrative 76.10 law judge, or a district court judge or referee, and that the 76.11 public authority will seek the establishment of child support at 76.12 the hearing in accordance with the highest amount permitted 76.13 under section 518.551, subdivision 5. If an agreement to enter 76.14 the consent order is not reached at the conference, the public 76.15 authority shall schedule the matter before an administrative law76.16 judge, district court judge, or refereefor a contested hearing. 76.17 (f) If an agreement is reached by the parties at the 76.18 conference, a consent child supportorder shall be prepared by 76.19 the public authority, and shall be signed by the parties. All 76.20 consent and default orders shall be signed by the nonattorney 76.21 employee of the public authority and shall be submitted to an 76.22 administrative law judge or the district court for 76.23 countersignatureapproval and signature. The order is effective76.24 enforceable upon the signature by the administrative law judge 76.25 or the district court and is retroactive to the date of76.26 signature by the nonattorney employee of the public authority. 76.27 The consent order shall be served on the parties under the rules 76.28 of civil procedure. 76.29 Sec. 4. Minnesota Statutes 1994, section 518.5511, 76.30 subdivision 4, is amended to read: 76.31 Subd. 4. [CONTESTED ADMINISTRATIVE PROCEEDING.] (a) The76.32 commissioner of human services is authorized to designate76.33 counties to use the contested administrative hearing process76.34 based upon federal guidelines for county performance. The76.35 contested administrative hearing process may also be initiated76.36 upon request of a county board. The administrative hearing77.1 process shall be implemented in counties designated by the77.2 commissioner.All counties shall participate in the contested 77.3 administrative process established in this section as designated 77.4 in a statewide implementation plan to be set forth by the 77.5 commissioner of human services. No county shall be required to 77.6 participate in the contested administrative process until after 77.7 the county has been trained. The contested administrative 77.8 process shall be in operation in all counties no later than July 77.9 1, 1998, with the exception of Hennepin county which shall have 77.10 a pilot program in operation no later than July 1, 1996. 77.11 The Hennepin county pilot program shall be jointly planned, 77.12 implemented, and evaluated by the department of human services, 77.13 the office of administrative hearings, the fourth judicial 77.14 district court, and Hennepin county. The pilot program shall 77.15 provide that one-half of the case load use the contested 77.16 administrative process. The pilot program shall include an 77.17 evaluation which shall be conducted after one year of program 77.18 operation. A preliminary evaluation report shall be submitted 77.19 by the commissioner to the legislature by March 1, 1997. A 77.20 final evaluation report shall be submitted by the commissioner 77.21 to the legislature by January 15, 1998. The pilot program shall 77.22 continue pending final decision by the legislature, or until the 77.23 commissioner determines that the pilot program shall discontinue 77.24 and that Hennepin county shall not participate in the contested 77.25 administrative process. 77.26 In counties designated by the commissioner, contested 77.27 hearings required under this section shall be scheduled before 77.28 administrative law judges, and shall be conducted in accordance 77.29 with the provisions under this section. In counties not 77.30 designated by the commissioner, contested hearings shall be 77.31 conducted in district court in accordance with the rules of 77.32 civil procedure and the rules of family court. 77.33 (b) An administrative law judge may conduct hearings and 77.34 approve a stipulation reached on a contempt motion brought by 77.35 the public authority. Any stipulation that involves a finding 77.36 of contempt and a jail sentence, whether stayed or imposed, 78.1 shall require the review and signature of a district court judge. 78.2 (c) For the purpose of this process, all powers, duties,78.3 and responsibilities conferred on judges of the district court78.4 to obtain and enforce child and medical support and maintenance78.5 obligations, subject to the limitation set forth herein, are78.6 conferred on the administrative law judge conducting the78.7 proceedings, including the power to issue subpoenas, to issue78.8 orders to show cause, and to issue bench warrants for failure to78.9 appear.A party, witness, or attorney may appear or testify by 78.10 telephone, audiovisual means, or other electronic means, at the 78.11 discretion of the administrative law judge. 78.12 (d) Before implementing the process in a county, the chief 78.13 administrative law judge, the commissioner of human services, 78.14 the director of the county human services agency, the county 78.15 attorney, the county court administrator, and the county sheriff 78.16 shall jointly establish procedures, and the county shall provide 78.17 hearing facilities for implementing this process in the county. 78.18 A contested administrative hearing shall be conducted in a 78.19 courtroom, if one is available, or a conference or meeting room 78.20 with at least two exits and of sufficient size to permit 78.21 adequate physical separation of the parties. The court 78.22 administrator shall, to the extent practical, provide 78.23 administrative support for the contested hearing. Security 78.24 personnel shall either be present during the administrative 78.25 hearings, or be available to respond to a request for emergency 78.26 assistance. 78.27 (e) The contested administrative hearings shall be 78.28 conducted under the rules of the office of administrative 78.29 hearings, Minnesota Rules, parts 1400.5275, 1400.5500, 1400.6000 78.30 to 1400.6400, 1400.6600 to 1400.7000, 1400.7100 to 1400.7500, 78.31 1400.7700, and1400.7800, and 1400.8100, as adopted by the chief 78.32 administrative law judge. For matters not initiated under 78.33 subdivision 2, documents from the moving party shall be served 78.34 and filed at least 21 days prior to the hearing and the opposing 78.35 party shall serve and file documents raising new issues at least 78.36 ten days prior to the hearing. In all contested administrative 79.1 proceedings, the administrative law judge may limit the extent 79.2 and timing of discovery. Except as provided under this section, 79.3 other aspects of the case, including, but not limited 79.4 to, pleadings,discovery, and motions,shall be conducted under 79.5 the rules of family court, the rules of civil procedure, and 79.6 chapter 518. 79.7 (f) Pursuant to a contested administrative hearing, the 79.8 administrative law judge shall make findings of fact, 79.9 conclusions, and a final decision and issue an order. Orders 79.10 issued by an administrative law judge may be enforceable by the 79.11 contempt powers of the district courts. 79.12 (g) At the time the matter is scheduled for a contested 79.13 hearing, the public authority shall file in the district court 79.14 copies of all relevant documents sent to or received from the 79.15 parties, in addition to the documents filed under subdivision 2, 79.16 paragraph (e). For matters scheduled for a contested hearing 79.17 which were not initiated under subdivision 2, the public 79.18 authority shall obtain any income information available to the 79.19 public authority through the department of economic security and 79.20 serve this information on all parties and file the information 79.21 with the court at least five days prior to the hearing. 79.22 (h) The decision and order of the administrative law judge 79.23 is appealable to the court of appeals in the same manner as a 79.24 decision of the district court. 79.25 Sec. 5. Minnesota Statutes 1994, section 518.5511, 79.26 subdivision 5, is amended to read: 79.27 Subd. 5. [NONATTORNEY AUTHORITY.] Nonattorney employees of 79.28 the public authority responsible for child support may prepare, 79.29 sign, serve, and file complaints, motions, notices, summary 79.30 ordersnotices, proposed orders, default orders, and consent 79.31 orders for obtaining, modifying, or enforcing child and medical 79.32 support orders, orders establishing paternity, and related 79.33 documents, and orders to modify maintenance if combined with a 79.34 child support order. The nonattorney may also conduct 79.35 prehearing conferences, and participate in proceedings before an 79.36 administrative law judge. This activity shall not be considered 80.1 to be the unauthorized practice of law. Nonattorney employees 80.2 may not represent the interests of any party other than the 80.3 public authority, and may not give legal advice to any party. 80.4 Sec. 6. Minnesota Statutes 1994, section 518.5511, 80.5 subdivision 7, is amended to read: 80.6 Subd. 7. [PUBLIC AUTHORITY LEGAL ADVISOR.] At all stages 80.7 of the administrative process prior to the contested hearing, 80.8 the county attorney, or other attorney under contract, shall act 80.9 as the legal advisor for the public authority, but shall not 80.10 play an active role in the review of information and, the 80.11 preparation of default and consent orders, and the contested 80.12 hearings unless the nonattorney employee of the public authority 80.13 requests the appearance of the county attorney. 80.14 Sec. 7. Minnesota Statutes 1994, section 518.5511, 80.15 subdivision 9, is amended to read: 80.16 Subd. 9. [TRAINING AND RESTRUCTURING.] (a) The 80.17 commissioner of human services, in consultation with the office 80.18 of administrative hearings, shall be responsible for the 80.19 supervision of the administrative process. The commissioner of 80.20 human services shall provide training to child support officers 80.21 and other employees of the public authoritypersons involved in 80.22 the administrative process. The commissioner of human services 80.23 shall prepare simple and easy to understand forms for all 80.24 notices and orders prescribed in this subdivisionsection, and 80.25 the public authority shall use them. 80.26 (b) The office of administrative hearings shall be 80.27 responsible for training and monitoring the performance of 80.28 administrative law judges, maintaining records of proceedings, 80.29 providing transcripts upon request, and maintaining the 80.30 integrity of the district court file. 80.31 Sec. 8. [518.5512] [ADMINISTRATIVE PROCEDURES FOR CHILD 80.32 AND MEDICAL SUPPORT ORDERS AND PARENTAGE ORDERS.] 80.33 Subdivision 1. [GENERAL.] The provisions of this section 80.34 apply to actions conducted in the administrative process 80.35 pursuant to section 518.5511. 80.36 Subd. 2. [PATERNITY.] (a) A nonattorney employee of the 81.1 public authority may request an administrative law judge or the 81.2 district court to order the child, mother, or alleged father to 81.3 submit to blood or genetic tests. The order is effective when 81.4 signed by an administrative law judge or the district court. 81.5 Failure to comply with the order for blood or genetic tests may 81.6 result in a default determination of parentage. 81.7 (b) If parentage is contested at the administrative 81.8 hearing, the administrative law judge may order temporary child 81.9 support under section 257.62, subdivision 5, and shall refer the 81.10 case to the district court. 81.11 (c) The district court may appoint counsel for an indigent 81.12 alleged father only after the return of the blood or genetic 81.13 test results from the testing laboratory. 81.14 Subd. 3. [COST-OF-LIVING ADJUSTMENT.] The notice of 81.15 application for adjustment shall be treated as a proposed order 81.16 under section 518.5511, subdivision 2, paragraph (c). The 81.17 public authority shall stay the adjustment of support upon 81.18 receipt of a request for an administrative conference. An 81.19 obligor requesting an administrative conference shall provide 81.20 all relevant information that establishes an insufficient 81.21 increase in income to justify the adjustment of the support 81.22 obligation. If the obligor fails to submit any evidence at the 81.23 administrative conference, the cost-of-living adjustment will 81.24 immediately go into effect. 81.25 ARTICLE 6 81.26 APPROPRIATIONS 81.27 Section 1. [APPROPRIATIONS.] 81.28 Subdivision 1. [CHILD SUPPORT OBLIGOR COMMUNITY SERVICE 81.29 WORK EXPERIENCE PROGRAM.] $119,000 is appropriated from the 81.30 general fund to the commissioner of human services to fund the 81.31 child support obligor community service work experience program 81.32 in article 1, section 15, to be available for the fiscal year 81.33 beginning July 1, 1996. 81.34 Subd. 2. [MOTOR VEHICLE CERTIFICATES OF TITLE AND LICENSE 81.35 SUSPENSION.] $50,000 is appropriated from the general fund to 81.36 the commissioner of human services, for transfer to the 82.1 commissioner of public safety to fund the necessary changes to 82.2 the existing computer system to allow for memorialization of 82.3 liens on motor vehicle certificates of title and to allow for 82.4 suspension of drivers' licenses, to be available for the fiscal 82.5 year beginning July 1, 1995. 82.6 Subd. 3. [SUSPENSION OF DRIVERS' LICENSES.] $24,000 is 82.7 appropriated from the general fund to the commissioner of human 82.8 services to allow the commissioner to seek the suspension of 82.9 drivers' licenses under Minnesota Statutes, section 518.551, 82.10 subdivision 13, to be available for the fiscal year beginning 82.11 July 1, 1996. 82.12 Subd. 4. [WORK REPORTING SYSTEM.] $350,000 is appropriated 82.13 from the general fund to the commissioner of human services to 82.14 allow the commissioner to implement the work reporting system 82.15 under article 1, section 16, to be available for the fiscal year 82.16 beginning July 1, 1996. 82.17 Subd. 5. [PUBLIC EDUCATION.] $150,000 is appropriated from 82.18 the general fund to the commissioner of human services for 82.19 continuance of the child support public education campaign; 82.20 $75,000 is available for the fiscal year beginning July 1, 1995; 82.21 and $75,000 is available for the fiscal year beginning July 1, 82.22 1996. Any unencumbered balance remaining in the first year does 82.23 not cancel and is available for the second year of the biennium. 82.24 Subd. 6. [COOPERATION FOR THE CHILDREN PROGRAM.] $100,000 82.25 is appropriated from the general fund to the commissioner of 82.26 human services for purposes of developing and implementing the 82.27 cooperation for the children program under article 1, section 82.28 14, and for the purpose of providing the requested funding to 82.29 the office of administrative hearings to develop and implement 82.30 the cooperation for the children program, to be available for 82.31 the fiscal year beginning July 1, 1996. 82.32 Subd. 7. [MN ENABL.] (a) $362,000 is appropriated from the 82.33 general fund to the commissioner of health for purposes of 82.34 developing and implementing the MN ENABL program in article 4, 82.35 section 1; $181,000 is available for the fiscal year beginning 82.36 July 1, 1995; and $181,000 is available for the fiscal year 83.1 beginning July 1, 1996. 83.2 (b) $128,000 is appropriated from the state government 83.3 special revenue fund to the commissioner of health for the MN 83.4 ENABL program; $64,000 is available for the fiscal year 83.5 beginning July 1, 1995; and $64,000 is available for the fiscal 83.6 year beginning July 1, 1996. 83.7 (c) Any unencumbered balance remaining in the first year 83.8 under this subdivision does not cancel and is available for the 83.9 second year of the biennium. 83.10 Subd. 8. [MOTOR VEHICLE LIENS.] $24,000 is appropriated 83.11 from the general fund to the commissioner of human services to 83.12 allow the commissioner to memorialize liens on motor vehicle 83.13 certificates of title under Minnesota Statutes, section 518.551, 83.14 subdivision 14, to be available for the fiscal year beginning 83.15 July 1, 1996. 83.16 Subd. 9. [OCCUPATIONAL LICENSE SUSPENSION.] $10,000 is 83.17 appropriated from the general fund to the commissioner of human 83.18 services to implement the occupational license suspension 83.19 procedures under Minnesota Statutes, section 518.551, 83.20 subdivision 12, to be available for the fiscal year beginning 83.21 July 1, 1996. 83.22 Subd. 10. [CHILD SUPPORT PAYMENT CENTER.] $358,000 is 83.23 appropriated from the general fund to the commissioner of human 83.24 services to create and maintain the child support payment center 83.25 under Minnesota Statutes, section 518.5851; $24,000 is available 83.26 for the fiscal year beginning July 1, 1995; and $334,000 is 83.27 available for the fiscal year beginning July 1, 1996. 83.28 Subd. 11. [PUBLICATION OF NAMES.] $275,000 is appropriated 83.29 from the general fund to the commissioner of human services to 83.30 publish the names of delinquent child support obligors under 83.31 Minnesota Statutes, section 518.575, to be available for the 83.32 fiscal year beginning July 1, 1996. 83.33 Subd. 12. [ADMINISTRATIVE PROCESS.] $1,150,000 is 83.34 appropriated from the general fund to the commissioner of human 83.35 services to develop and implement the contested administrative 83.36 process under Minnesota Statutes, section 518.5511, to be 84.1 available for the fiscal year beginning July 1, 1996. 84.2 Subd. 13. [WAIVERS.] $288,000 is appropriated from the 84.3 general fund to the commissioner of human services to seek the 84.4 waivers required by this legislation; $148,000 is available for 84.5 the fiscal year beginning July 1, 1995; and $140,000 is 84.6 available for the fiscal year beginning July 1, 1996. 84.7 Subd. 14. [VISITATION STUDY AND EDUCATION.] (a) $90,000 is 84.8 appropriated from the general fund to the commissioner of human 84.9 services to contract with the supreme court to conduct the study 84.10 under article 1, section 33, to be available until June 30, 1997. 84.11 (b) $10,000 is appropriated from the general fund to the 84.12 commissioner of human services to contract with the attorney 84.13 general for purposes of educating and training prosecutors and 84.14 law enforcement officers on enforcement of laws relating to 84.15 child support, visitation, and custody, to be available until 84.16 June 30, 1997. 84.17 Subd. 15. [CHILDREN'S VISITATION CENTERS.] $192,000 is 84.18 appropriated from the state government special revenue fund to 84.19 the commissioner of human services for supervised visitation 84.20 facilities under Minnesota Statutes, section 256F.09; $96,000 is 84.21 available for the fiscal year beginning July 1, 1995; and 84.22 $96,000 is available for the fiscal year beginning July 1, 1996. 84.23 Any unencumbered balance remaining in the first year does 84.24 not cancel and is available for the second year of the biennium.