SF 217

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); or 
  4.8      (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, this 
  6.31  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 agency under 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 agency authority 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 court order or 
  9.33  public agency authority notice, provide notice to the licensee 
  9.34  and hold a hearing.  If the board finds that the person is 
  9.35  licensed by the board and evidence of full payment of arrearages 
  9.36  found to be due by the court or the public agency is not 
 10.1   presented at the hearing, the board shall suspend the license 
 10.2   unless it determines that probation is appropriate under 
 10.3   subdivision 2.  The only issues to be determined by the board 
 10.4   are whether the person named in the court order or public agency 
 10.5   notice is a licensee, whether the arrearages have been paid, and 
 10.6   whether suspension or probation is appropriate.  The board may 
 10.7   not consider evidence with respect to the appropriateness of the 
 10.8   underlying child support order or the ability of the person to 
 10.9   comply with the order.  The board may not lift the suspension 
 10.10  until the licensee files with the board proof showing that the 
 10.11  licensee is current in child support payments and maintenance 
 10.12  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.] Before A 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 probation or is the subject of an order or notice 
 10.19  under this section, it shall contact until it receives 
 10.20  notification from the court, administrative law judge, or public 
 10.21  agency authority that referred the matter to the board to 
 10.22  determine confirming that the applicant is not in arrears for in 
 10.23  either child support or maintenance or both payments, or 
 10.24  confirming that the person is in compliance with a written 
 10.25  payment plan regarding both current support and arrearages.  The 
 10.26  board may not issue or renew a license until the applicant 
 10.27  proves to the board's satisfaction that the applicant is current 
 10.28  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 NOTICE RESPONSIBILITY.] If 
 20.36  an individual is hired for employment, the employer shall 
 21.1   request that the individual disclose whether the individual has 
 21.2   court-ordered medical support obligations that are required by 
 21.3   law to be withheld from income and the terms of the court order, 
 21.4   if any.  The employer shall request that the individual disclose 
 21.5   whether the individual has been ordered by a court to provide 
 21.6   health and dental dependent insurance coverage.  The An 
 21.7   individual shall disclose this information at the time of hiring 
 21.8   .  If an individual discloses that if 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 end either 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  petition motion 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 may shall direct the 
 30.26  licensing board or other licensing agency to conduct a hearing 
 30.27  suspend the license under section 214.101 concerning suspension 
 30.28  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 may shall 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 agency authority 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 may authority shall direct the licensing board or 
 31.18  other licensing agency to conduct a hearing suspend the license 
 31.19  under section 214.101 concerning suspension of the obligor's 
 31.20  license.  If the obligor is a licensed attorney, the 
 31.21  public agency authority 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 agency authority. 
 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 months Subdivision 1. [PUBLICATION OF 
 49.22  NAMES.] Twice each year, the department commissioner of human 
 49.23  services shall publish in the newspaper of widest circulation in 
 49.24  each county a list of the names and last known addresses of each 
 49.25  person who (1) is a child support obligor, (2) resides in the 
 49.26  county, (3) is at least $3,000 in arrears, and (4) has not made 
 49.27  a child support payment, or has made only partial child support 
 49.28  payments that total less than 25 percent of the amount of child 
 49.29  support owed, for the last 12 months including any payments made 
 49.30  through the interception of federal or state taxes.  The rate 
 49.31  charged for publication shall be the newspaper's lowest 
 49.32  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 department commissioner 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 of 
 52.7   the notice of income withholding, a copy of the court's order or 
 52.8   notice of order, sends the payor of funds a notice of the 
 52.9   withholding requirements and the provisions of this section on 
 52.10  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 income 
 52.24  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 on a 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 the Before 
 54.32  transmittal of the last reimbursement payment to the employee, 
 54.33  where obligor of a lump sum payment including, but not limited 
 54.34  to, severance pay, accumulated sick pay or, vacation pay is paid 
 54.35  upon termination of employment, and where the employee is in 
 54.36  arrears in making court ordered child support payments, the 
 55.1   employer shall withhold an amount which is the lesser of (1) the 
 55.2   amount in arrears or (2) that portion of the arrearages which is 
 55.3   the product of the obligor's monthly court ordered support 
 55.4   amount multiplied by the number of months of net income that the 
 55.5   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; and 
 55.16     (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 withholding 
 56.25  order and the provisions of section 518.611 and this section to 
 56.26  the obligor's employer or other payor of funds and provide 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 that 
 57.7   section applies if 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 not by 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; and 
 58.30     (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 necessitous 
 60.23  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  or 
 66.11     (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; or 
 67.1      (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 fund as 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 order notice 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 support order.  
 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 support order and notice.  In preparing 
 74.9   the proposed child support order, 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 support order 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 14 21 days following the 
 74.17  date of service of the proposed child support order.  The method 
 74.18  for requesting the conference shall be stated in the notice.  
 74.19  The notice and proposed child support order 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 14 21 days after the date of service of the 
 74.28  proposed child support order, the public authority may enter 
 74.29  submit the proposed order as the default order.  The default 
 74.30  order becomes effective 30 days after the date of service of the 
 74.31  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 support order if new information is subsequently 
 74.35  obtained.  The default child support order 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 14 21 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 support order.  The notice shall state the purpose of the 
 75.14  conference, and that the proposed child support order 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 support 
 75.30  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 support order 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 law 
 76.16  judge, district court judge, or referee for a contested hearing. 
 76.17     (f) If an agreement is reached by the parties at the 
 76.18  conference, a consent child support order 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  countersignature approval and signature.  The order is effective 
 76.24  enforceable upon the signature by the administrative law judge 
 76.25  or the district court and is retroactive to the date of 
 76.26  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) The 
 76.32  commissioner of human services is authorized to designate 
 76.33  counties to use the contested administrative hearing process 
 76.34  based upon federal guidelines for county performance.  The 
 76.35  contested administrative hearing process may also be initiated 
 76.36  upon request of a county board.  The administrative hearing 
 77.1   process shall be implemented in counties designated by the 
 77.2   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 court 
 78.4   to obtain and enforce child and medical support and maintenance 
 78.5   obligations, subject to the limitation set forth herein, are 
 78.6   conferred on the administrative law judge conducting the 
 78.7   proceedings, including the power to issue subpoenas, to issue 
 78.8   orders to show cause, and to issue bench warrants for failure to 
 78.9   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, and 1400.7800, 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  orders notices, 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 authority persons 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 subdivision section, 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.