SF 23

4th Engrossment - 81st Legislature (1999 - 2000) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to family law; repealing the administrative 
  1.3             process for support orders; establishing a child 
  1.4             support magistrate system; authorizing child support 
  1.5             and visitation review hearings; amending Minnesota 
  1.6             Statutes 1998, sections 13B.06, subdivision 1; 
  1.7             168A.20, subdivision 4; 171.186, subdivisions 1 and 3; 
  1.8             214.101, subdivisions 1 and 4; 357.021, subdivision 
  1.9             1a; 484.70, subdivision 1; 484.72, by adding a 
  1.10            subdivision; 518.171, subdivision 4; 518.54, by adding 
  1.11            a subdivision; 518.551, subdivisions 9, 12, 13, and 
  1.12            14; 518.553; 518.575, subdivision 1; 518.5853, 
  1.13            subdivision 6; 518.6111, subdivisions 2, 7, 8, and 14; 
  1.14            518.616, subdivision 1; 518.617, subdivision 1; 
  1.15            518.641, subdivision 2; and 552.05, subdivisions 4, 5, 
  1.16            and 10; Laws 1998, chapter 338, section 8; proposing 
  1.17            coding for new law in Minnesota Statutes, chapters 
  1.18            484; and 518; repealing Minnesota Statutes 1998, 
  1.19            sections 518.5511; and 518.5512. 
  1.20  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.21                             ARTICLE 1
  1.22      EXPEDITED ADMINISTRATIVE PROCEDURES AND JUDICIAL PROCESS 
  1.23     Section 1.  Minnesota Statutes 1998, section 484.70, 
  1.24  subdivision 1, is amended to read: 
  1.25     Subdivision 1.  [APPOINTMENT.] The chief judge of the 
  1.26  judicial district may appoint one or more suitable persons to 
  1.27  act as referees.  Referees shall hold office at the pleasure of 
  1.28  the judges of the district court and shall be learned in the 
  1.29  law, except that persons holding the office of referee on 
  1.30  January 1, 1983, may continue to serve under the terms and 
  1.31  conditions of their appointment.  All referees are subject to 
  1.32  the administrative authority and assignment power of the chief 
  2.1   judge of the district as provided in section 484.69, subdivision 
  2.2   3, and are not limited to assignment to family, probate, 
  2.3   juvenile or special term court.  Part time referees holding 
  2.4   office in the second judicial district pursuant to this 
  2.5   subdivision shall cease to hold office on July 31, 1984.  
  2.6      Sec. 2.  [484.702] [EXPEDITED CHILD SUPPORT HEARING 
  2.7   PROCESS.] 
  2.8      Subdivision 1.  [CREATION; SCOPE.] (a) The supreme court 
  2.9   shall create an expedited child support hearing process to 
  2.10  establish, modify, and enforce child support; and enforce 
  2.11  maintenance, if combined with child support.  The process must 
  2.12  be designed to handle child support and paternity matters in 
  2.13  compliance with federal law. 
  2.14     (b) All proceedings establishing, modifying, or enforcing 
  2.15  support orders; and enforcing maintenance orders, if combined 
  2.16  with a support proceeding, must be conducted in the expedited 
  2.17  process if the case is a IV-D case.  Cases that are not IV-D 
  2.18  cases may not be conducted in the expedited process. 
  2.19     (c) This section does not prevent a party, upon timely 
  2.20  notice to the public authority, from commencing an action or 
  2.21  bringing a motion in district court for the establishment, 
  2.22  modification, or enforcement of support, or enforcement of 
  2.23  maintenance orders if combined with a support proceeding, where 
  2.24  additional issues involving domestic abuse, establishment or 
  2.25  modification of custody or visitation, or property issues exist 
  2.26  as noticed by the complaint, motion, counter motion, or counter 
  2.27  action. 
  2.28     (d) At the option of the county, the expedited process may 
  2.29  include contempt actions or actions to establish parentage. 
  2.30     (e) The expedited process should meet the following goals: 
  2.31     (1) be streamlined and uniform statewide and result in 
  2.32  timely and consistent issuance of orders; 
  2.33     (2) be accessible to the parties without the need for an 
  2.34  attorney and minimize litigation; 
  2.35     (3) be a cost-effective use of limited financial resources; 
  2.36  and 
  3.1      (4) comply with applicable federal law. 
  3.2      (f) For purposes of this section, "IV-D case" has the 
  3.3   meaning given in section 518.54. 
  3.4      Subd. 2.  [ADMINISTRATION.] (a) The state court 
  3.5   administrator shall provide for the administration of the 
  3.6   expedited child support hearing process in each judicial 
  3.7   district. 
  3.8      (b) Until June 30, 2000, the office of administrative 
  3.9   hearings and the state court administrator may enter into 
  3.10  contracts to provide one or more administrative law judges to 
  3.11  serve as child support magistrates and for administrative and 
  3.12  case management support.  The title to all personal property 
  3.13  used in the administrative child support process mutually agreed 
  3.14  upon by the office of administrative hearings and the office of 
  3.15  the state court administrator must be transferred to the state 
  3.16  court administrator for use in the expedited child support 
  3.17  process. 
  3.18     Subd. 3.  [APPOINTMENT OF CHILD SUPPORT MAGISTRATES.] The 
  3.19  chief judge of each judicial district may appoint one or more 
  3.20  suitable persons to act as child support magistrates for the 
  3.21  expedited child support hearing process, with the confirmation 
  3.22  of the supreme court.  A child support magistrate appointed to 
  3.23  serve in the expedited child support process, whether hired on a 
  3.24  full-time, part-time, or contract basis, is a judicial officer 
  3.25  under section 43A.02, subdivision 25, and is an employee of the 
  3.26  state under section 3.732 for purposes of section 3.736 only. 
  3.27     Subd. 4.  [TRAINING AND QUALIFICATIONS OF CHILD SUPPORT 
  3.28  MAGISTRATES.] The supreme court may: 
  3.29     (1) provide training for individuals who serve as child 
  3.30  support magistrates for the expedited child support hearing 
  3.31  process; 
  3.32     (2) establish minimum qualifications for child support 
  3.33  magistrates; and 
  3.34     (3) establish a policy for evaluating and removing child 
  3.35  support magistrates. 
  3.36     Subd. 5.  [RULES.] The supreme court, in consultation with 
  4.1   the conference of chief judges, shall adopt rules to implement 
  4.2   the expedited child support hearing process under this section. 
  4.3      Sec. 3.  Minnesota Statutes 1998, section 484.72, is 
  4.4   amended by adding a subdivision to read: 
  4.5      Subd. 6.  [EXPEDITED CHILD SUPPORT PROCESS.] 
  4.6   Notwithstanding subdivisions 1 and 4, hearings and proceedings 
  4.7   conducted in the expedited child support process under section 
  4.8   484.702 may be reported by use of electronic recording equipment 
  4.9   provided that the equipment meets the minimum standards 
  4.10  promulgated by the state court administrator.  Electronic 
  4.11  recording equipment must be operated and monitored by a person 
  4.12  who meets the minimum qualifications promulgated by the state 
  4.13  court administrator. 
  4.14     Sec. 4.  [518.178] [VISITATION AND SUPPORT REVIEW HEARING.] 
  4.15     Upon motion of either party, the court shall conduct a 
  4.16  hearing to review compliance with the visitation and child 
  4.17  support provisions set forth in a decree of dissolution or legal 
  4.18  separation or an order that establishes child custody, 
  4.19  visitation, and support rights and obligations of parents.  The 
  4.20  state court administrator shall prepare, and each court 
  4.21  administrator shall make available, simplified pro se forms for 
  4.22  reviewing visitation and child support disputes.  The court may 
  4.23  impose any visitation enforcement remedy available under 
  4.24  sections 518.175 and 518.1751, and any support enforcement 
  4.25  remedy available under section 518.551. 
  4.26     Sec. 5.  Minnesota Statutes 1998, section 518.54, is 
  4.27  amended by adding a subdivision to read: 
  4.28     Subd. 14.  [IV-D CASE.] "IV-D case" means a case where a 
  4.29  party has assigned to the state rights to child support because 
  4.30  of the receipt of public assistance as defined in section 
  4.31  256.741 or has applied for child support services under title 
  4.32  IV-D of the Social Security Act, United States Code, title 42, 
  4.33  section 654(4). 
  4.34     Sec. 6.  Minnesota Statutes 1998, section 518.551, 
  4.35  subdivision 9, is amended to read: 
  4.36     Subd. 9.  [ASSIGNMENT OF RIGHTS; JUDGMENT.] (a) The public 
  5.1   agency responsible for child support enforcement is joined as a 
  5.2   party in each case in which rights are assigned under section 
  5.3   256.741, subdivision 2.  The court administrator shall enter and 
  5.4   docket a judgment obtained by operation of law under section 
  5.5   548.091, subdivision 1, in the name of the public agency to the 
  5.6   extent that the obligation has been assigned.  When arrearages 
  5.7   are reduced to judgment under circumstances in which section 
  5.8   548.091 is not applicable, the court shall grant judgment in 
  5.9   favor of, and in the name of, the public agency to the extent 
  5.10  that the arrearages are assigned.  After filing notice of an 
  5.11  assignment with the court administrator, who shall enter the 
  5.12  notice in the docket, the public agency may enforce a judgment 
  5.13  entered before the assignment of rights as if the judgment were 
  5.14  granted to it, and in its name, to the extent that the 
  5.15  arrearages in that judgment are assigned. 
  5.16     (b) The public authority is a real party in interest in any 
  5.17  IV-D case where there has been an assignment of support.  In all 
  5.18  other IV-D cases, the public authority has a pecuniary interest, 
  5.19  as well as an interest in the welfare of the children involved 
  5.20  in those cases.  The public authority may intervene as a matter 
  5.21  of right in those cases to assure that child support orders are 
  5.22  obtained and enforced which provide for an appropriate and 
  5.23  accurate level of child, medical, and child care support.  If 
  5.24  the public authority participates in a IV-D case where the 
  5.25  action taken by the public authority requires the use of an 
  5.26  attorney's services, the public authority shall be represented 
  5.27  by an attorney consistent with the provisions in section 518.255.
  5.28     Sec. 7.  [518.5513] [PUBLIC AUTHORITY PROCEDURES FOR CHILD 
  5.29  AND MEDICAL SUPPORT ORDERS AND PARENTAGE ORDERS.] 
  5.30     Subdivision 1.  [GENERAL.] The public authority may use the 
  5.31  provisions of this section in cases in which support rights are 
  5.32  assigned under section 256.741, subdivision 2, or where the 
  5.33  public authority is providing services under an application for 
  5.34  child support services. 
  5.35     Subd. 2.  [ROLE OF NONATTORNEY EMPLOYEES; GENERAL 
  5.36  PROVISIONS.] (a) The county attorney shall review and approve as 
  6.1   to form and content all pleadings and other legal documents 
  6.2   prepared by nonattorney employees of the county agency for use 
  6.3   in the expedited child support process. 
  6.4      (b) Under the direction of, and in consultation with, the 
  6.5   county attorney, nonattorney employees of the county agency 
  6.6   shall have authority to perform the following legal duties: 
  6.7      (1) meet and confer with parties by mail, telephone, 
  6.8   electronic, or other means regarding legal issues; 
  6.9      (2) explain to parties the purpose, procedure, and function 
  6.10  of the expedited child support process and the role and 
  6.11  authority of nonattorney employees of the county agency 
  6.12  regarding legal issues; 
  6.13     (3) prepare pleadings, including, but not limited to, 
  6.14  summonses and complaints, notices, motions, subpoenas, orders to 
  6.15  show cause, proposed orders, administrative orders, and 
  6.16  stipulations and agreements; 
  6.17     (4) issue administrative subpoenas; 
  6.18     (5) prepare judicial notices; 
  6.19     (6) negotiate settlement agreements; 
  6.20     (7) attend and participate as a witness in hearings and 
  6.21  other proceedings and, if requested by the child support 
  6.22  magistrate, present evidence, agreements and stipulations of the 
  6.23  parties, and any other information deemed appropriate by the 
  6.24  magistrate; 
  6.25     (8) participate in such other activities and perform such 
  6.26  other duties as delegated by the county attorney; and 
  6.27     (9) exercise other powers and perform other duties as 
  6.28  permitted by statute or court rule. 
  6.29     (c) Nonattorney employees of the county agency may perform 
  6.30  the following duties without direction from the county attorney: 
  6.31     (1) gather information on behalf of the public authority; 
  6.32     (2) prepare financial worksheets; 
  6.33     (3) obtain income information from the department of 
  6.34  economic security and other sources; 
  6.35     (4) serve documents on parties; 
  6.36     (5) file documents with the court; 
  7.1      (6) meet and confer with parties by mail, telephone, 
  7.2   electronic, or other means regarding nonlegal issues; 
  7.3      (7) explain to parties the purpose, procedure, and function 
  7.4   of the expedited child support process and the role and 
  7.5   authority of nonattorney employees of the county agency 
  7.6   regarding nonlegal issues; and 
  7.7      (8) perform such other routine nonlegal duties as assigned. 
  7.8      (d) Performance of the duties prescribed in paragraphs (b) 
  7.9   and (c) by nonattorney employees of the county agency does not 
  7.10  constitute the unauthorized practice of law for purposes of 
  7.11  section 481.02. 
  7.12     Subd. 3.  [PREPARATION OF FINANCIAL WORKSHEET.] (a) In 
  7.13  cases involving establishment or modification of a child support 
  7.14  order, a nonattorney employee of the public authority shall 
  7.15  prepare a financial worksheet that contains: 
  7.16     (1) names and addresses of the parties; 
  7.17     (2) Social Security numbers of the parties; 
  7.18     (3) number of members in household of each party and 
  7.19  dependents of the parties; 
  7.20     (4) names and addresses of the parties' employers; 
  7.21     (5) net income of the parties as defined in section 
  7.22  518.551, subdivision 5, with the authorized deductions itemized; 
  7.23     (6) amounts and sources of any other earnings and income of 
  7.24  the parties; 
  7.25     (7) health insurance coverage of parties; and 
  7.26     (8) any other information relevant to the determination of 
  7.27  child or medical support under section 518.171 or 518.551, 
  7.28  subdivision 5. 
  7.29     (b) In preparing the financial worksheet, the nonattorney 
  7.30  employee of the public authority shall obtain any income 
  7.31  information available to the public authority from the 
  7.32  department of economic security and serve this information on 
  7.33  the parties.  The information must be filed with the court or 
  7.34  child support magistrate at least five days before any hearing 
  7.35  involving child support, medical support, or child care 
  7.36  reimbursement issues. 
  8.1      Subd. 4.  [NONCONTESTED MATTERS.] Under the direction of 
  8.2   the county attorney and based on agreement of the parties, 
  8.3   nonattorney employees may prepare a stipulation, findings of 
  8.4   fact, conclusions of law, and proposed order.  The documents 
  8.5   must be approved and signed by the county attorney as to form 
  8.6   and content before submission to the court or child support 
  8.7   magistrate for approval. 
  8.8      Subd. 5.  [ADMINISTRATIVE AUTHORITY.] (a) The public 
  8.9   authority may take the following actions relating to 
  8.10  establishment of paternity or to establishment, modification, or 
  8.11  enforcement of support orders, without the necessity of 
  8.12  obtaining an order from any judicial or administrative tribunal: 
  8.13     (1) recognize and enforce orders of child support agencies 
  8.14  of other states; 
  8.15     (2) upon request for genetic testing by a child, parent, or 
  8.16  any alleged parent, and using the procedure in paragraph (b), 
  8.17  order the child, parent, or alleged parent to submit to blood or 
  8.18  genetic testing for the purpose of establishing paternity; 
  8.19     (3) subpoena financial or other information needed to 
  8.20  establish, modify, or enforce a child support order and request 
  8.21  sanctions for failure to respond to a subpoena; 
  8.22     (4) upon notice to the obligor, obligee, and the 
  8.23  appropriate court, direct the obligor or other payor to change 
  8.24  the payee to the central collections unit under sections 
  8.25  518.5851 to 518.5853; 
  8.26     (5) order income withholding of child support under section 
  8.27  518.6111; 
  8.28     (6) secure assets to satisfy the debt or arrearage in cases 
  8.29  in which there is a support debt or arrearage by: 
  8.30     (i) intercepting or seizing periodic or lump sum payments 
  8.31  from state or local agencies, including reemployment insurance, 
  8.32  workers' compensation payments, judgments, settlements, 
  8.33  lotteries, and other lump sum payments; 
  8.34     (ii) attaching and seizing assets of the obligor held in 
  8.35  financial institutions or public or private retirement funds; 
  8.36  and 
  9.1      (iii) imposing liens in accordance with section 548.091 
  9.2   and, in appropriate cases, forcing the sale of property and the 
  9.3   distribution of proceeds; 
  9.4      (7) for the purpose of securing overdue support, increase 
  9.5   the amount of the monthly support payments by an additional 
  9.6   amount equal to 20 percent of the monthly support payment to 
  9.7   include amounts for debts or arrearages; and 
  9.8      (8) subpoena an employer or payor of funds to provide 
  9.9   promptly information on the employment, compensation, and 
  9.10  benefits of an individual employed by that employer as an 
  9.11  employee or contractor, and to request sanctions for failure to 
  9.12  respond to the subpoena as provided by law. 
  9.13     (b) A request for genetic testing by a child, parent, or 
  9.14  alleged parent must be support by a sworn statement by the 
  9.15  person requesting genetic testing alleging paternity, which sets 
  9.16  forth facts establishing a reasonable possibility of the 
  9.17  requisite sexual contact between the parties, or denying 
  9.18  paternity, and setting forth facts establishing a reasonable 
  9.19  possibility of the nonexistence of sexual contact between the 
  9.20  alleged parties.  The order for genetic tests may be served 
  9.21  anywhere within the state and served outside the state in the 
  9.22  same manner as prescribed by law for service of subpoenas issued 
  9.23  by the district court of this state.  If the child, parent, or 
  9.24  alleged parent fails to comply with the genetic testing order, 
  9.25  the public authority may seek to enforce that order in district 
  9.26  court through a motion to compel testing.  No results obtained 
  9.27  through genetic testing done in response to an order issued 
  9.28  under this section may be used in any criminal proceeding. 
  9.29     (c) Subpoenas may be served anywhere within the state and 
  9.30  served outside the state in the same manner as prescribed by law 
  9.31  for service of process of subpoenas issued by the district court 
  9.32  of this state.  When a subpoena under this subdivision is served 
  9.33  on a third-party recordkeeper, written notice of the subpoena 
  9.34  shall be mailed to the person who is the subject of the 
  9.35  subpoenaed material at the person's last known address within 
  9.36  three days of the day the subpoena is served.  This notice 
 10.1   provision does not apply if there is reasonable cause to believe 
 10.2   the giving of the notice may lead to interference with the 
 10.3   production of the subpoenaed documents. 
 10.4      (d) A person served with a subpoena may make a written 
 10.5   objection to the public authority or court before the time 
 10.6   specified in the subpoena for compliance.  The public authority 
 10.7   or the court shall cancel or modify the subpoena, if 
 10.8   appropriate.  The public authority shall pay the reasonable 
 10.9   costs of producing the documents, if requested. 
 10.10     (e) Subpoenas are enforceable in the same manner as 
 10.11  subpoenas of the district court.  Upon motion of the county 
 10.12  attorney, the court may issue an order directing the production 
 10.13  of the records.  Failure to comply with the court order may 
 10.14  subject the person who fails to comply to civil or criminal 
 10.15  contempt of court. 
 10.16     (f) The administrative actions under this subdivision are 
 10.17  subject to due process safeguards, including requirements for 
 10.18  notice, opportunity to contest the action, and opportunity to 
 10.19  appeal the order to the judge, judicial officer, or child 
 10.20  support magistrate. 
 10.21     Subd. 6.  [SHARING OF INFORMATION.] The public authority 
 10.22  may share available and relevant information on the parties in 
 10.23  order to perform its duties under this section or under supreme 
 10.24  court rules governing the expedited child support hearing 
 10.25  process under section 484.702, subject to the limitations of 
 10.26  sections 256.87, subdivision 8; 257.70; and 518.005, subdivision 
 10.27  5. 
 10.28     Sec. 8.  Minnesota Statutes 1998, section 552.05, 
 10.29  subdivision 10, is amended to read: 
 10.30     Subd. 10.  [FORMS.] The commissioner of human services 
 10.31  shall supreme court is requested to develop statutory forms for 
 10.32  use as required under this chapter.  In developing these forms, 
 10.33  the commissioner shall consult with the attorney general, 
 10.34  representatives of financial institutions, and legal services.  
 10.35  The commissioner shall report back to the legislature by 
 10.36  February 1, 1998, with recommended forms to be included in this 
 11.1   chapter. 
 11.2      Sec. 9.  [TRANSITIONAL PROVISIONS.] 
 11.3      Judicial districts are encouraged to utilize the existing 
 11.4   expertise of child support administrative law judges in 
 11.5   appointing child support magistrates under section 2 in order to 
 11.6   facilitate the transfer of these functions to the judicial 
 11.7   branch. 
 11.8      Sec. 10.  Laws 1998, chapter 338, section 8, is amended to 
 11.9   read: 
 11.10     Sec. 8.  [EVALUATION AND RECOMMENDATIONS.] 
 11.11     The supreme court, in consultation with the commissioner of 
 11.12  human services, in consultation with and the commissioner's 
 11.13  advisory committee for child support enforcement, shall evaluate 
 11.14  the extent to which the administrative process has met the 
 11.15  legislative mandate to develop and implement an administrative 
 11.16  process that is simple, streamlined, informal, uniform 
 11.17  throughout the state, and accessible to parties without 
 11.18  counsel expedited process.  Notwithstanding Minnesota Statutes, 
 11.19  section 13.46, the supreme court has access to private data on 
 11.20  parties to the expedited process for purposes of doing this 
 11.21  evaluation.  The evaluation shall determine the extent to which 
 11.22  the expedited process meets the goals set forth in Minnesota 
 11.23  Statutes, section 484.702, and the level of satisfaction with 
 11.24  the expedited process reported by parents who have participated 
 11.25  in the process.  Results shall be reported, to the extent 
 11.26  possible, statewide and by judicial district.  The commissioner 
 11.27  shall legislature requests that the supreme court present 
 11.28  recommendations for further progress towards these mandates the 
 11.29  legislative goals.  The evaluation and recommendations shall 
 11.30  should be presented to the legislature by December 15, 1999 2000.
 11.31                             ARTICLE 2 
 11.32                   ADMINISTRATIVE PROCESS REPEAL
 11.33     Section 1.  Minnesota Statutes 1998, section 13B.06, 
 11.34  subdivision 1, is amended to read: 
 11.35     Subdivision 1.  [DEFINITIONS.] The definitions in this 
 11.36  subdivision apply to this section. 
 12.1      (a) "Account" means a demand deposit account, checking or 
 12.2   negotiable withdraw order account, savings account, time deposit 
 12.3   account, or money market mutual fund. 
 12.4      (b) "Account information" means the type of account, the 
 12.5   account number, whether the account is singly or jointly owned, 
 12.6   and in the case of jointly owned accounts the name and address 
 12.7   of the nonobligor account owner if available. 
 12.8      (c) "Financial institution" means any of the following that 
 12.9   do business within the state: 
 12.10     (1) federal or state commercial banks and federal or state 
 12.11  savings banks, including savings and loan associations and 
 12.12  cooperative banks; 
 12.13     (2) federal and state chartered credit unions; 
 12.14     (3) benefit associations; 
 12.15     (4) life insurance companies; 
 12.16     (5) safe deposit companies; and 
 12.17     (6) money market mutual funds. 
 12.18     (d) "Obligor" means an individual who is in arrears in 
 12.19  court-ordered child support or maintenance payments, or both, in 
 12.20  an amount equal to or greater than three times the obligor's 
 12.21  total monthly support and maintenance payments, and is not in 
 12.22  compliance with a written payment agreement regarding both 
 12.23  current support and arrearages approved by the court, an 
 12.24  administrative law judge a child support magistrate, or the 
 12.25  public authority.  
 12.26     (e) "Public authority" means the public authority 
 12.27  responsible for child support enforcement. 
 12.28     Sec. 2.  Minnesota Statutes 1998, section 168A.20, 
 12.29  subdivision 4, is amended to read: 
 12.30     Subd. 4.  [SATISFACTION OF LIEN FOR CHILD SUPPORT.] If the 
 12.31  secured party is a public authority or a child support or 
 12.32  maintenance obligee with a lien under section 168A.05, 
 12.33  subdivision 8, upon either the satisfaction of a security 
 12.34  interest in a vehicle for which the certificate of title is in 
 12.35  the possession of the owner, or the execution by the owner of a 
 12.36  written payment agreement determined to be acceptable by the 
 13.1   court, an administrative law judge a child support magistrate, 
 13.2   the public authority, or the obligee, within 15 days the secured 
 13.3   party shall execute a release of security interest on the form 
 13.4   prescribed by the department and mail or deliver the 
 13.5   notification with release to the owner or any person who 
 13.6   delivers to the secured party an authorization from the owner to 
 13.7   receive the release. 
 13.8      Sec. 3.  Minnesota Statutes 1998, section 171.186, 
 13.9   subdivision 1, is amended to read: 
 13.10     Subdivision 1.  [SUSPENSION.] The commissioner shall 
 13.11  suspend a person's driver's license or operating privileges 
 13.12  without a hearing upon receipt of a court order or notice from a 
 13.13  public authority responsible for child support enforcement that 
 13.14  states that the driver is in arrears in court-ordered child 
 13.15  support or maintenance payments, or both, in an amount equal to 
 13.16  or greater than three times the obligor's total monthly support 
 13.17  and maintenance payments, and is not in compliance with a 
 13.18  written payment agreement regarding both current support and 
 13.19  arrearages approved by a court, an administrative law judge a 
 13.20  child support magistrate, or the public authority responsible 
 13.21  for child support enforcement, in accordance with section 
 13.22  518.551, subdivision 13. 
 13.23     Sec. 4.  Minnesota Statutes 1998, section 171.186, 
 13.24  subdivision 3, is amended to read: 
 13.25     Subd. 3.  [DURATION.] A license or operating privilege must 
 13.26  remain suspended and may not be reinstated, nor may a license be 
 13.27  subsequently issued to the person, until the commissioner 
 13.28  receives notice from the court, an administrative law judge a 
 13.29  child support magistrate, or public authority responsible for 
 13.30  child support enforcement that the person is in compliance with 
 13.31  all current orders of support or written payment agreements 
 13.32  regarding both current support and arrearages.  A fee may not be 
 13.33  assessed for reinstatement of a license under this section.  
 13.34     Sec. 5.  Minnesota Statutes 1998, section 214.101, 
 13.35  subdivision 1, is amended to read: 
 13.36     Subdivision 1.  [COURT ORDER; HEARING ON SUSPENSION.] (a) 
 14.1   For purposes of this section, "licensing board" means a 
 14.2   licensing board or other state agency that issues an 
 14.3   occupational license. 
 14.4      (b) If a licensing board receives an order from a court or 
 14.5   an administrative law judge a child support magistrate or a 
 14.6   notice from a public authority responsible for child support 
 14.7   enforcement under section 518.551, subdivision 12, dealing with 
 14.8   suspension of a license of a person found by the court or the 
 14.9   public authority to be in arrears in child support or 
 14.10  maintenance payments, or both, the board shall, within 30 days 
 14.11  of receipt of the order or public authority notice, suspend the 
 14.12  license as directed by the order or notice. 
 14.13     Sec. 6.  Minnesota Statutes 1998, section 214.101, 
 14.14  subdivision 4, is amended to read: 
 14.15     Subd. 4.  [VERIFICATION OF PAYMENTS.] A board may not 
 14.16  issue, reinstate, or renew a license of a person who has been 
 14.17  suspended or is the subject of an order or notice under this 
 14.18  section until it receives notification from the court, 
 14.19  administrative law judge child support magistrate, or public 
 14.20  authority that referred the matter to the board confirming that 
 14.21  the applicant is not in arrears in either child support or 
 14.22  maintenance payments, or confirming that the person is in 
 14.23  compliance with a written payment plan regarding both current 
 14.24  support and arrearages. 
 14.25     Sec. 7.  Minnesota Statutes 1998, section 357.021, 
 14.26  subdivision 1a, is amended to read: 
 14.27     Subd. 1a.  [TRANSMITTAL OF FEES TO STATE TREASURER.] (a) 
 14.28  Every person, including the state of Minnesota and all bodies 
 14.29  politic and corporate, who shall transact any business in the 
 14.30  district court, shall pay to the court administrator of said 
 14.31  court the sundry fees prescribed in subdivision 2.  Except as 
 14.32  provided in paragraph (d), the court administrator shall 
 14.33  transmit the fees monthly to the state treasurer for deposit in 
 14.34  the state treasury and credit to the general fund.  
 14.35     (b) In a county which has a screener-collector position, 
 14.36  fees paid by a county pursuant to this subdivision shall be 
 15.1   transmitted monthly to the county treasurer, who shall apply the 
 15.2   fees first to reimburse the county for the amount of the salary 
 15.3   paid for the screener-collector position.  The balance of the 
 15.4   fees collected shall then be forwarded to the state treasurer 
 15.5   for deposit in the state treasury and credited to the general 
 15.6   fund.  In a county in the eighth judicial district which has a 
 15.7   screener-collector position, the fees paid by a county shall be 
 15.8   transmitted monthly to the state treasurer for deposit in the 
 15.9   state treasury and credited to the general fund.  A 
 15.10  screener-collector position for purposes of this paragraph is an 
 15.11  employee whose function is to increase the collection of fines 
 15.12  and to review the incomes of potential clients of the public 
 15.13  defender, in order to verify eligibility for that service. 
 15.14     (c) No fee is required under this section from the public 
 15.15  authority or the party the public authority represents in an 
 15.16  action for: 
 15.17     (1) child support enforcement or modification, medical 
 15.18  assistance enforcement, or establishment of parentage in the 
 15.19  district court, or child or medical support enforcement 
 15.20  conducted by an administrative law judge in an administrative 
 15.21  hearing under section 518.5511, or in a proceeding under section 
 15.22  484.702; 
 15.23     (2) civil commitment under chapter 253B; 
 15.24     (3) the appointment of a public conservator or public 
 15.25  guardian or any other action under chapters 252A and 525; 
 15.26     (4) wrongfully obtaining public assistance under section 
 15.27  256.98 or 256D.07, or recovery of overpayments of public 
 15.28  assistance; 
 15.29     (5) court relief under chapter 260; 
 15.30     (6) forfeiture of property under sections 169.1217 and 
 15.31  609.531 to 609.5317; 
 15.32     (7) recovery of amounts issued by political subdivisions or 
 15.33  public institutions under sections 246.52, 252.27, 256.045, 
 15.34  256.25, 256.87, 256B.042, 256B.14, 256B.15, 256B.37, and 
 15.35  260.251, or other sections referring to other forms of public 
 15.36  assistance; 
 16.1      (8) restitution under section 611A.04; or 
 16.2      (9) actions seeking monetary relief in favor of the state 
 16.3   pursuant to section 16D.14, subdivision 5. 
 16.4      (d) The fees collected for child support modifications 
 16.5   under subdivision 2, clause (13), must be transmitted to the 
 16.6   county treasurer for deposit in the county general fund.  The 
 16.7   fees must be used by the county to pay for child support 
 16.8   enforcement efforts by county attorneys. 
 16.9      Sec. 8.  Minnesota Statutes 1998, section 518.171, 
 16.10  subdivision 4, is amended to read: 
 16.11     Subd. 4.  [EFFECT OF ORDER.] (a) The order is binding on 
 16.12  the employer or union and the health and dental insurance plan 
 16.13  when service under subdivision 3 has been made.  In the case of 
 16.14  an obligor who changes employment and is required to provide 
 16.15  health coverage for the child, a new employer that provides 
 16.16  health care coverage shall enroll the child in the obligor's 
 16.17  health plan upon receipt of an order or notice for health 
 16.18  insurance, unless the obligor contests the enrollment.  The 
 16.19  obligor may contest the enrollment on the limited grounds that 
 16.20  the enrollment is improper due to mistake of fact or that the 
 16.21  enrollment meets the requirements of section 518.64, subdivision 
 16.22  2.  If the obligor chooses to contest the enrollment, the 
 16.23  obligor must do so no later than 15 days after the employer 
 16.24  notifies the obligor of the enrollment, by doing all of the 
 16.25  following: 
 16.26     (1) filing a request for contested hearing according to 
 16.27  section 518.5511, subdivision 3a 484.702; 
 16.28     (2) serving a copy of the request for contested hearing 
 16.29  upon the public authority and the obligee; and 
 16.30     (3) securing a date for the contested hearing no later than 
 16.31  45 days after the notice of enrollment. 
 16.32     (b) The enrollment must remain in place during the time 
 16.33  period in which the obligor contests the withholding. 
 16.34  An employer or union that is included under ERISA may not deny 
 16.35  enrollment based on exclusionary clauses described in section 
 16.36  62A.048.  Upon application of the obligor according to the order 
 17.1   or notice, the employer or union and its health and dental 
 17.2   insurance plan shall enroll the minor child as a beneficiary in 
 17.3   the group insurance plan and withhold any required premium from 
 17.4   the obligor's income or wages.  If more than one plan is offered 
 17.5   by the employer or union, the child shall be enrolled in the 
 17.6   least costly health insurance plan otherwise available to the 
 17.7   obligor that is comparable to a number two qualified plan.  If 
 17.8   the obligor is not enrolled in a health insurance plan, the 
 17.9   employer or union shall also enroll the obligor in the chosen 
 17.10  plan if enrollment of the obligor is necessary in order to 
 17.11  obtain dependent coverage under the plan.  Enrollment of 
 17.12  dependents and the obligor shall be immediate and not dependent 
 17.13  upon open enrollment periods.  Enrollment is not subject to the 
 17.14  underwriting policies described in section 62A.048.  
 17.15     (c) An employer or union that willfully fails to comply 
 17.16  with the order is liable for any health or dental expenses 
 17.17  incurred by the dependents during the period of time the 
 17.18  dependents were eligible to be enrolled in the insurance 
 17.19  program, and for any other premium costs incurred because the 
 17.20  employer or union willfully failed to comply with the order.  An 
 17.21  employer or union that fails to comply with the order is subject 
 17.22  to contempt under section 518.615 and is also subject to a fine 
 17.23  of $500 to be paid to the obligee or public authority.  Fines 
 17.24  paid to the public authority are designated for child support 
 17.25  enforcement services. 
 17.26     (d) Failure of the obligor to execute any documents 
 17.27  necessary to enroll the dependent in the group health and dental 
 17.28  insurance plan will not affect the obligation of the employer or 
 17.29  union and group health and dental insurance plan to enroll the 
 17.30  dependent in a plan.  Information and authorization provided by 
 17.31  the public authority responsible for child support enforcement, 
 17.32  or by the custodial parent or guardian, is valid for the 
 17.33  purposes of meeting enrollment requirements of the health plan.  
 17.34  The insurance coverage for a child eligible under subdivision 5 
 17.35  shall not be terminated except as authorized in subdivision 5. 
 17.36     Sec. 9.  Minnesota Statutes 1998, section 518.551, 
 18.1   subdivision 12, is amended to read: 
 18.2      Subd. 12.  [OCCUPATIONAL LICENSE SUSPENSION.] (a) Upon 
 18.3   motion of an obligee, if the court finds that the obligor is or 
 18.4   may be licensed by a licensing board listed in section 214.01 or 
 18.5   other state, county, or municipal agency or board that issues an 
 18.6   occupational license and the obligor is in arrears in 
 18.7   court-ordered child support or maintenance payments or both in 
 18.8   an amount equal to or greater than three times the obligor's 
 18.9   total monthly support and maintenance payments and is not in 
 18.10  compliance with a written payment agreement regarding both 
 18.11  current support and arrearages approved by the court, an 
 18.12  administrative law judge, a child support magistrate, or the 
 18.13  public authority, the administrative law judge, or the court 
 18.14  shall direct the licensing board or other licensing agency to 
 18.15  suspend the license under section 214.101.  The court's order 
 18.16  must be stayed for 90 days in order to allow the obligor to 
 18.17  execute a written payment agreement regarding both current 
 18.18  support and arrearages.  The payment agreement must be approved 
 18.19  by either the court or the public authority responsible for 
 18.20  child support enforcement.  If the obligor has not executed or 
 18.21  is not in compliance with a written payment agreement regarding 
 18.22  both current support and arrearages after the 90 days expires, 
 18.23  the court's order becomes effective.  If the obligor is a 
 18.24  licensed attorney, the court shall report the matter to the 
 18.25  lawyers professional responsibility board for appropriate action 
 18.26  in accordance with the rules of professional conduct.  The 
 18.27  remedy under this subdivision is in addition to any other 
 18.28  enforcement remedy available to the court. 
 18.29     (b) If a public authority responsible for child support 
 18.30  enforcement finds that the obligor is or may be licensed by a 
 18.31  licensing board listed in section 214.01 or other state, county, 
 18.32  or municipal agency or board that issues an occupational license 
 18.33  and the obligor is in arrears in court-ordered child support or 
 18.34  maintenance payments or both in an amount equal to or greater 
 18.35  than three times the obligor's total monthly support and 
 18.36  maintenance payments and is not in compliance with a written 
 19.1   payment agreement regarding both current support and arrearages 
 19.2   approved by the court, an administrative law judge, a child 
 19.3   support magistrate, or the public authority, the court, an 
 19.4   administrative law judge, or the public authority shall direct 
 19.5   the licensing board or other licensing agency to suspend the 
 19.6   license under section 214.101.  If the obligor is a licensed 
 19.7   attorney, the public authority may report the matter to the 
 19.8   lawyers professional responsibility board for appropriate action 
 19.9   in accordance with the rules of professional conduct.  The 
 19.10  remedy under this subdivision is in addition to any other 
 19.11  enforcement remedy available to the public authority. 
 19.12     (c) At least 90 days before notifying a licensing authority 
 19.13  or the lawyers professional responsibility board under paragraph 
 19.14  (b), the public authority shall mail a written notice to the 
 19.15  license holder addressed to the license holder's last known 
 19.16  address that the public authority intends to seek license 
 19.17  suspension under this subdivision and that the license holder 
 19.18  must request a hearing within 30 days in order to contest the 
 19.19  suspension.  If the license holder makes a written request for a 
 19.20  hearing within 30 days of the date of the notice, either a court 
 19.21  hearing or a contested administrative proceeding or a hearing 
 19.22  under section 484.702 must be held under section 518.5511, 
 19.23  subdivision 4.  Notwithstanding any law to the contrary, the 
 19.24  license holder must be served with 14 days' notice in writing 
 19.25  specifying the time and place of the hearing and the allegations 
 19.26  against the license holder.  The notice may be served personally 
 19.27  or by mail.  If the public authority does not receive a request 
 19.28  for a hearing within 30 days of the date of the notice, and the 
 19.29  obligor does not execute a written payment agreement regarding 
 19.30  both current support and arrearages approved by the public 
 19.31  authority within 90 days of the date of the notice, the public 
 19.32  authority shall direct the licensing board or other licensing 
 19.33  agency to suspend the obligor's license under paragraph (b), or 
 19.34  shall report the matter to the lawyers professional 
 19.35  responsibility board. 
 19.36     (d) The administrative law judge, on behalf of The public 
 20.1   authority, or the court shall notify the lawyers professional 
 20.2   responsibility board for appropriate action in accordance with 
 20.3   the rules of professional responsibility conduct or order the 
 20.4   licensing board or licensing agency to suspend the license if 
 20.5   the judge finds that: 
 20.6      (1) the person is licensed by a licensing board or other 
 20.7   state agency that issues an occupational license; 
 20.8      (2) the person has not made full payment of arrearages 
 20.9   found to be due by the public authority; and 
 20.10     (3) the person has not executed or is not in compliance 
 20.11  with a payment plan approved by the court, an administrative law 
 20.12  judge, a child support magistrate, or the public authority. 
 20.13     (e) Within 15 days of the date on which the obligor either 
 20.14  makes full payment of arrearages found to be due by the court or 
 20.15  public authority or executes and initiates good faith compliance 
 20.16  with a written payment plan approved by the court, an 
 20.17  administrative law judge, a child support magistrate, or the 
 20.18  public authority, the court, an administrative law judge, a 
 20.19  child support magistrate, or the public authority responsible 
 20.20  for child support enforcement shall notify the licensing board 
 20.21  or licensing agency or the lawyers professional responsibility 
 20.22  board that the obligor is no longer ineligible for license 
 20.23  issuance, reinstatement, or renewal under this subdivision. 
 20.24     (f) In addition to the criteria established under this 
 20.25  section for the suspension of an obligor's occupational license, 
 20.26  a court, an administrative law judge, a child support 
 20.27  magistrate, or the public authority may direct the licensing 
 20.28  board or other licensing agency to suspend the license of a 
 20.29  party who has failed, after receiving notice, to comply with a 
 20.30  subpoena relating to a paternity or child support proceeding.  
 20.31  Notice to an obligor of intent to suspend must be served by 
 20.32  first class mail at the obligor's last known address.  The 
 20.33  notice must inform the obligor of the right to request a 
 20.34  hearing.  If the obligor makes a written request within ten days 
 20.35  of the date of the hearing, a contested administrative 
 20.36  proceeding hearing must be held under section 518.5511, 
 21.1   subdivision 4.  At the hearing, the only issues to be considered 
 21.2   are mistake of fact and whether the obligor received the 
 21.3   subpoena. 
 21.4      (g) The license of an obligor who fails to remain in 
 21.5   compliance with an approved payment agreement may be suspended.  
 21.6   Notice to the obligor of an intent to suspend under this 
 21.7   paragraph must be served by first class mail at the obligor's 
 21.8   last known address and must include a notice of hearing.  The 
 21.9   notice must be served upon the obligor not less than ten days 
 21.10  before the date of the hearing.  If the obligor appears at the 
 21.11  hearing and the judge determines that the obligor has failed to 
 21.12  comply with an approved payment agreement, the judge shall 
 21.13  notify the occupational licensing board or agency to suspend the 
 21.14  obligor's license under paragraph (c).  If the obligor fails to 
 21.15  appear at the hearing, the public authority may notify the 
 21.16  occupational or licensing board to suspend the obligor's license 
 21.17  under paragraph (c). 
 21.18     Sec. 10.  Minnesota Statutes 1998, section 518.551, 
 21.19  subdivision 13, is amended to read: 
 21.20     Subd. 13.  [DRIVER'S LICENSE SUSPENSION.] (a) Upon motion 
 21.21  of an obligee, which has been properly served on the obligor and 
 21.22  upon which there has been an opportunity for hearing, if a court 
 21.23  finds that the obligor has been or may be issued a driver's 
 21.24  license by the commissioner of public safety and the obligor is 
 21.25  in arrears in court-ordered child support or maintenance 
 21.26  payments, or both, in an amount equal to or greater than three 
 21.27  times the obligor's total monthly support and maintenance 
 21.28  payments and is not in compliance with a written payment 
 21.29  agreement regarding both current support and arrearages approved 
 21.30  by the court, an administrative law judge, a child support 
 21.31  magistrate, or the public authority, the court shall order the 
 21.32  commissioner of public safety to suspend the obligor's driver's 
 21.33  license.  The court's order must be stayed for 90 days in order 
 21.34  to allow the obligor to execute a written payment agreement 
 21.35  regarding both current support and arrearages, which payment 
 21.36  agreement must be approved by either the court or the public 
 22.1   authority responsible for child support enforcement.  If the 
 22.2   obligor has not executed or is not in compliance with a written 
 22.3   payment agreement regarding both current support and arrearages 
 22.4   after the 90 days expires, the court's order becomes effective 
 22.5   and the commissioner of public safety shall suspend the 
 22.6   obligor's driver's license.  The remedy under this subdivision 
 22.7   is in addition to any other enforcement remedy available to the 
 22.8   court.  An obligee may not bring a motion under this paragraph 
 22.9   within 12 months of a denial of a previous motion under this 
 22.10  paragraph. 
 22.11     (b) If a public authority responsible for child support 
 22.12  enforcement determines that the obligor has been or may be 
 22.13  issued a driver's license by the commissioner of public safety 
 22.14  and the obligor is in arrears in court-ordered child support or 
 22.15  maintenance payments or both in an amount equal to or greater 
 22.16  than three times the obligor's total monthly support and 
 22.17  maintenance payments and not in compliance with a written 
 22.18  payment agreement regarding both current support and arrearages 
 22.19  approved by the court, an administrative law judge, a child 
 22.20  support magistrate, or the public authority, the public 
 22.21  authority shall direct the commissioner of public safety to 
 22.22  suspend the obligor's driver's license.  The remedy under this 
 22.23  subdivision is in addition to any other enforcement remedy 
 22.24  available to the public authority. 
 22.25     (c) At least 90 days prior to notifying the commissioner of 
 22.26  public safety according to paragraph (b), the public authority 
 22.27  must mail a written notice to the obligor at the obligor's last 
 22.28  known address, that it intends to seek suspension of the 
 22.29  obligor's driver's license and that the obligor must request a 
 22.30  hearing within 30 days in order to contest the suspension.  If 
 22.31  the obligor makes a written request for a hearing within 30 days 
 22.32  of the date of the notice, either a court hearing or a contested 
 22.33  administrative proceeding must be held under section 518.5511, 
 22.34  subdivision 4.  Notwithstanding any law to the contrary, the 
 22.35  obligor must be served with 14 days' notice in writing 
 22.36  specifying the time and place of the hearing and the allegations 
 23.1   against the obligor.  The notice may be served personally or by 
 23.2   mail.  If the public authority does not receive a request for a 
 23.3   hearing within 30 days of the date of the notice, and the 
 23.4   obligor does not execute a written payment agreement regarding 
 23.5   both current support and arrearages approved by the public 
 23.6   authority within 90 days of the date of the notice, the public 
 23.7   authority shall direct the commissioner of public safety to 
 23.8   suspend the obligor's driver's license under paragraph (b). 
 23.9      (d) At a hearing requested by the obligor under paragraph 
 23.10  (c), and on finding that the obligor is in arrears in 
 23.11  court-ordered child support or maintenance payments or both in 
 23.12  an amount equal to or greater than three times the obligor's 
 23.13  total monthly support and maintenance payments, the district 
 23.14  court or the administrative law judge or child support 
 23.15  magistrate shall order the commissioner of public safety to 
 23.16  suspend the obligor's driver's license or operating privileges 
 23.17  unless the court or administrative law judge child support 
 23.18  magistrate determines that the obligor has executed and is in 
 23.19  compliance with a written payment agreement regarding both 
 23.20  current support and arrearages approved by the court, an 
 23.21  administrative law judge, a child support magistrate, or the 
 23.22  public authority. 
 23.23     (e) An obligor whose driver's license or operating 
 23.24  privileges are suspended may provide proof to the public 
 23.25  authority responsible for child support enforcement that the 
 23.26  obligor is in compliance with all written payment agreements 
 23.27  regarding both current support and arrearages.  Within 15 days 
 23.28  of the receipt of that proof, the public authority shall inform 
 23.29  the commissioner of public safety that the obligor's driver's 
 23.30  license or operating privileges should no longer be suspended. 
 23.31     (f) On January 15, 1997, and every two years after that, 
 23.32  the commissioner of human services shall submit a report to the 
 23.33  legislature that identifies the following information relevant 
 23.34  to the implementation of this section: 
 23.35     (1) the number of child support obligors notified of an 
 23.36  intent to suspend a driver's license; 
 24.1      (2) the amount collected in payments from the child support 
 24.2   obligors notified of an intent to suspend a driver's license; 
 24.3      (3) the number of cases paid in full and payment agreements 
 24.4   executed in response to notification of an intent to suspend a 
 24.5   driver's license; 
 24.6      (4) the number of cases in which there has been 
 24.7   notification and no payments or payment agreements; 
 24.8      (5) the number of driver's licenses suspended; and 
 24.9      (6) the cost of implementation and operation of the 
 24.10  requirements of this section. 
 24.11     (g) In addition to the criteria established under this 
 24.12  section for the suspension of an obligor's driver's license, a 
 24.13  court, an administrative law judge, a child support magistrate, 
 24.14  or the public authority may direct the commissioner of public 
 24.15  safety to suspend the license of a party who has failed, after 
 24.16  receiving notice, to comply with a subpoena relating to a 
 24.17  paternity or child support proceeding.  Notice to an obligor of 
 24.18  intent to suspend must be served by first class mail at the 
 24.19  obligor's last known address.  The notice must inform the 
 24.20  obligor of the right to request a hearing.  If the obligor makes 
 24.21  a written request within ten days of the date of the hearing, 
 24.22  a contested administrative proceeding must be held under section 
 24.23  518.5511, subdivision 4 hearing must be held.  At the hearing, 
 24.24  the only issues to be considered are mistake of fact and whether 
 24.25  the obligor received the subpoena. 
 24.26     (h) The license of an obligor who fails to remain in 
 24.27  compliance with an approved payment agreement may be suspended.  
 24.28  Notice to the obligor of an intent to suspend under this 
 24.29  paragraph must be served by first class mail at the obligor's 
 24.30  last known address and must include a notice of hearing.  The 
 24.31  notice must be served upon the obligor not less than ten days 
 24.32  before the date of the hearing.  If the obligor appears at the 
 24.33  hearing and the judge determines that the obligor has failed to 
 24.34  comply with an approved payment agreement, the judge shall 
 24.35  notify the department of public safety to suspend the obligor's 
 24.36  license under paragraph (c).  If the obligor fails to appear at 
 25.1   the hearing, the public authority may notify the department of 
 25.2   public safety to suspend the obligor's license under paragraph 
 25.3   (c). 
 25.4      Sec. 11.  Minnesota Statutes 1998, section 518.551, 
 25.5   subdivision 14, is amended to read: 
 25.6      Subd. 14.  [MOTOR VEHICLE LIEN.] (a) Upon motion of an 
 25.7   obligee, if a court finds that the obligor is a debtor for a 
 25.8   judgment debt resulting from nonpayment of court-ordered child 
 25.9   support or maintenance payments, or both, in an amount equal to 
 25.10  or greater than three times the obligor's total monthly support 
 25.11  and maintenance payments, the court shall order the commissioner 
 25.12  of public safety to enter a lien in the name of the obligee or 
 25.13  in the name of the state of Minnesota, as appropriate, in 
 25.14  accordance with section 168A.05, subdivision 8, unless the court 
 25.15  finds that the obligor is in compliance with a written payment 
 25.16  agreement regarding both current support and arrearages approved 
 25.17  by the court, an administrative law judge, a child support 
 25.18  magistrate, or the public authority.  The court's order must be 
 25.19  stayed for 90 days in order to allow the obligor to execute a 
 25.20  written payment agreement regarding both current support and 
 25.21  arrearages, which agreement shall be approved by either the 
 25.22  court or the public authority responsible for child support 
 25.23  enforcement.  If the obligor has not executed or is not in 
 25.24  compliance with a written payment agreement regarding both 
 25.25  current support and arrearages approved by the court, an 
 25.26  administrative law judge, a child support magistrate, or the 
 25.27  public authority within the 90-day period, the court's order 
 25.28  becomes effective and the commissioner of public safety shall 
 25.29  record the lien on any motor vehicle certificate of title 
 25.30  subsequently issued in the name of the obligor.  The remedy 
 25.31  under this subdivision is in addition to any other enforcement 
 25.32  remedy available to the court. 
 25.33     (b) If a public authority responsible for child support 
 25.34  enforcement determines that the obligor is a debtor for judgment 
 25.35  debt resulting from nonpayment of court-ordered child support or 
 25.36  maintenance payments, or both, in an amount equal to or greater 
 26.1   than three times the obligor's total monthly support and 
 26.2   maintenance payments, the public authority shall direct the 
 26.3   commissioner of public safety to enter a lien in the name of the 
 26.4   obligee or in the name of the state of Minnesota, as 
 26.5   appropriate, under section 168A.05, subdivision 8, on any motor 
 26.6   vehicle certificate of title subsequently issued in the name of 
 26.7   the obligor unless the public authority determines that the 
 26.8   obligor is in compliance with a written payment agreement 
 26.9   regarding both current support and arrearages approved by the 
 26.10  court, an administrative law judge, a child support magistrate, 
 26.11  or the public authority.  The remedy under this subdivision is 
 26.12  in addition to any other enforcement remedy available to the 
 26.13  public agency. 
 26.14     (c) At least 90 days prior to notifying the commissioner of 
 26.15  public safety pursuant to paragraph (b), the public authority 
 26.16  must mail a written notice to the obligor at the obligor's last 
 26.17  known address, that it intends to record a lien on any motor 
 26.18  vehicle certificate of title subsequently issued in the name of 
 26.19  the obligor and that the obligor must request a hearing within 
 26.20  30 days in order to contest the action.  If the obligor makes a 
 26.21  written request for a hearing within 30 days of the date of the 
 26.22  notice, either a court hearing or a contested administrative 
 26.23  proceeding must be held under section 518.5511, subdivision 4.  
 26.24  Notwithstanding any law to the contrary, the obligor must be 
 26.25  served with 14 days' notice in writing specifying the time and 
 26.26  place of the hearing and the allegations against the obligor.  
 26.27  The notice may be served personally or by mail.  If the public 
 26.28  authority does not receive a request for a hearing within 30 
 26.29  days of the date of the notice and the obligor does not execute 
 26.30  or is not in compliance with a written payment agreement 
 26.31  regarding both current support and arrearages approved by the 
 26.32  public authority within 90 days of the date of the notice, the 
 26.33  public authority shall direct the commissioner of public safety 
 26.34  to record the lien under paragraph (b). 
 26.35     (d) At a hearing requested by the obligor under paragraph 
 26.36  (c), and on finding that the obligor is in arrears in 
 27.1   court-ordered child support or maintenance payments or both in 
 27.2   an amount equal to or greater than three times the obligor's 
 27.3   total monthly support and maintenance payments, the district 
 27.4   court or the administrative law judge child support magistrate 
 27.5   shall order the commissioner of public safety to record the lien 
 27.6   unless the court or administrative law judge child support 
 27.7   magistrate determines that the obligor has executed and is in 
 27.8   compliance with a written payment agreement regarding both 
 27.9   current support and arrearages determined to be acceptable by 
 27.10  the court, an administrative law judge, a child support 
 27.11  magistrate, or the public authority. 
 27.12     (e) An obligor may provide proof to the court or the public 
 27.13  authority responsible for child support enforcement that the 
 27.14  obligor is in compliance with all written payment agreements 
 27.15  regarding both current support and arrearages or that the value 
 27.16  of the motor vehicle is less than the exemption provided under 
 27.17  section 550.37.  Within 15 days of the receipt of that proof, 
 27.18  the court or public authority shall either execute a release of 
 27.19  security interest under section 168A.20, subdivision 4, and mail 
 27.20  or deliver the release to the owner or other authorized person 
 27.21  or shall direct the commissioner of public safety not to enter a 
 27.22  lien on any motor vehicle certificate of title subsequently 
 27.23  issued in the name of the obligor in instances where a lien has 
 27.24  not yet been entered.  
 27.25     (f) Any lien recorded against a motor vehicle certificate 
 27.26  of title under this section and section 168A.05, subdivision 8, 
 27.27  attaches only to the nonexempt value of the motor vehicle as 
 27.28  determined in accordance with section 550.37.  The value of a 
 27.29  motor vehicle must be determined in accordance with the retail 
 27.30  value described in the N.A.D.A. Official Used Car Guide, Midwest 
 27.31  Edition, for the current year, or in accordance with the 
 27.32  purchase price as defined in section 297B.01, subdivision 8. 
 27.33     Sec. 12.  Minnesota Statutes 1998, section 518.553, is 
 27.34  amended to read: 
 27.35     518.553 [PAYMENT AGREEMENTS.] 
 27.36     In proposing or approving proposed written payment 
 28.1   agreements for purposes of section 518.551, the court, an 
 28.2   administrative law judge a child support magistrate, or the 
 28.3   public authority shall take into consideration the amount of the 
 28.4   arrearages, the amount of the current support order, any pending 
 28.5   request for modification, and the earnings of the obligor.  The 
 28.6   court, administrative law judge child support magistrate, or 
 28.7   public authority shall consider the individual financial 
 28.8   circumstances of each obligor in evaluating the obligor's 
 28.9   ability to pay any proposed payment agreement and shall propose 
 28.10  a reasonable payment agreement tailored to the individual 
 28.11  financial circumstances of each obligor. 
 28.12     Sec. 13.  Minnesota Statutes 1998, section 518.575, 
 28.13  subdivision 1, is amended to read: 
 28.14     Subdivision 1.  [MAKING NAMES PUBLIC.] At least once each 
 28.15  year, the commissioner of human services, in consultation with 
 28.16  the attorney general, shall publish a list of the names and 
 28.17  other identifying information of no more than 25 persons who (1) 
 28.18  are child support obligors, (2) are at least $10,000 in arrears, 
 28.19  (3) are not in compliance with a written payment agreement 
 28.20  regarding both current support and arrearages approved by the 
 28.21  court, an administrative law judge, a child support magistrate, 
 28.22  or the public authority, (4) cannot currently be located by the 
 28.23  public authority for the purposes of enforcing a support order, 
 28.24  and (5) have not made a support payment except tax intercept 
 28.25  payments, in the preceding 12 months. 
 28.26     Identifying information may include the obligor's name, 
 28.27  last known address, amount owed, date of birth, photograph, the 
 28.28  number of children for whom support is owed, and any additional 
 28.29  information about the obligor that would assist in identifying 
 28.30  or locating the obligor.  The commissioner and attorney general 
 28.31  may use posters, media presentations, electronic technology, and 
 28.32  other means that the commissioner and attorney general determine 
 28.33  are appropriate for dissemination of the information, including 
 28.34  publication on the Internet.  The commissioner and attorney 
 28.35  general may make any or all of the identifying information 
 28.36  regarding these persons public.  Information regarding an 
 29.1   obligor who meets the criteria in this subdivision will only be 
 29.2   made public subsequent to that person's selection by the 
 29.3   commissioner and attorney general. 
 29.4      Before making public the name of the obligor, the 
 29.5   department of human services shall send a notice to the 
 29.6   obligor's last known address which states the department's 
 29.7   intention to make public information on the obligor.  The notice 
 29.8   must also provide an opportunity to have the obligor's name 
 29.9   removed from the list by paying the arrearage or by entering 
 29.10  into an agreement to pay the arrearage, or by providing 
 29.11  information to the public authority that there is good cause not 
 29.12  to make the information public.  The notice must include the 
 29.13  final date when the payment or agreement can be accepted. 
 29.14     The department of human services shall obtain the written 
 29.15  consent of the obligee to make the name of the obligor public. 
 29.16     Sec. 14.  Minnesota Statutes 1998, section 518.5853, 
 29.17  subdivision 6, is amended to read: 
 29.18     Subd. 6.  [TRANSMITTAL OF ORDER TO THE LOCAL AGENCY BY THE 
 29.19  TRIBUNAL.] The tribunal shall transmit a copy of the order 
 29.20  establishing or modifying the payment, and a copy of the 
 29.21  automatic income withholding order, to the local child support 
 29.22  agency within two working days of the approval of the order by 
 29.23  the judge or administrative law judge child support magistrate 
 29.24  or other person or entity authorized to sign the automatic 
 29.25  withholding order. 
 29.26     Sec. 15.  Minnesota Statutes 1998, section 518.6111, 
 29.27  subdivision 2, is amended to read: 
 29.28     Subd. 2.  [APPLICATION.] This section applies to all 
 29.29  support orders issued by a court or an administrative tribunal 
 29.30  and orders for or notices of withholding issued by the public 
 29.31  authority according to section 518.5512, subdivision 5, 
 29.32  paragraph (a), clause (4) 518.5513, subdivision 6, paragraph 
 29.33  (a), clause (5). 
 29.34     Sec. 16.  Minnesota Statutes 1998, section 518.6111, 
 29.35  subdivision 7, is amended to read: 
 29.36     Subd. 7.  [SUBSEQUENT INCOME WITHHOLDING.] (a) This 
 30.1   subdivision applies to support orders that do not contain 
 30.2   provisions for income withholding. 
 30.3      (b) For cases in which the public authority is providing 
 30.4   child support enforcement services to the parties, the income 
 30.5   withholding under this subdivision shall take effect without 
 30.6   prior judicial notice to the obligor and without the need for 
 30.7   judicial or administrative hearing.  Withholding shall result 
 30.8   when: 
 30.9      (1) the obligor requests it in writing to the public 
 30.10  authority; 
 30.11     (2) the obligee or obligor serves on the public authority a 
 30.12  copy of the notice of income withholding, a copy of the court's 
 30.13  order, an application, and the fee to use the public authority's 
 30.14  collection services; or 
 30.15     (3) the public authority commences withholding according to 
 30.16  section 518.5512, subdivision 5, paragraph (a), clause 
 30.17  (4) 518.5513, subdivision 6, paragraph (a), clause (5).  
 30.18     (c) For cases in which the public authority is not 
 30.19  providing child support services to the parties, income 
 30.20  withholding under this subdivision shall take effect when an 
 30.21  obligee requests it by making a written motion to the court and 
 30.22  the court finds that previous support has not been paid on a 
 30.23  timely consistent basis or that the obligor has threatened 
 30.24  expressly or otherwise to stop or reduce payments. 
 30.25     (d) Within two days after the public authority commences 
 30.26  withholding under this subdivision, the public authority shall 
 30.27  send to the obligor at the obligor's last known address, notice 
 30.28  that withholding has commenced.  The notice shall include the 
 30.29  information provided to the payor of funds in the notice of 
 30.30  withholding. 
 30.31     Sec. 17.  Minnesota Statutes 1998, section 518.6111, 
 30.32  subdivision 8, is amended to read: 
 30.33     Subd. 8.  [CONTEST.] (a) The obligor may contest 
 30.34  withholding under subdivision 7 on the limited grounds that the 
 30.35  withholding or the amount withheld is improper due to mistake of 
 30.36  fact.  If the obligor chooses to contest the withholding, the 
 31.1   obligor must do so no later than 15 days after the employer 
 31.2   commences withholding, by doing all of the following: 
 31.3      (1) file a request for contested hearing according to 
 31.4   section 518.5511, subdivision 3a an expedited child support 
 31.5   hearing under section 484.702, and include in the request the 
 31.6   alleged mistake of fact; 
 31.7      (2) serve a copy of the request for contested hearing upon 
 31.8   the public authority and the obligee; and 
 31.9      (3) secure a date for the contested hearing no later than 
 31.10  45 days after receiving notice that withholding has commenced. 
 31.11     (b) The income withholding must remain in place while the 
 31.12  obligor contests the withholding. 
 31.13     (c) If the court finds a mistake in the amount of the 
 31.14  arrearage to be withheld, the court shall continue the income 
 31.15  withholding, but it shall correct the amount of the arrearage to 
 31.16  be withheld. 
 31.17     Sec. 18.  Minnesota Statutes 1998, section 518.6111, 
 31.18  subdivision 14, is amended to read: 
 31.19     Subd. 14.  [TERMINATION BY THE PUBLIC AUTHORITY.] If the 
 31.20  public authority determines that income withholding is no longer 
 31.21  applicable, the public authority shall notify the obligee and 
 31.22  the obligor of intent to terminate income withholding. 
 31.23     Five days following notification to the obligee and 
 31.24  obligor, the public authority shall issue a notice to the payor 
 31.25  of funds terminating income withholding, without a requirement 
 31.26  for a court order unless the obligee has requested a contested 
 31.27  hearing under section 518.5511, subdivision 3a an expedited 
 31.28  child support hearing under section 484.702. 
 31.29     Sec. 19.  Minnesota Statutes 1998, section 518.616, 
 31.30  subdivision 1, is amended to read: 
 31.31     Subdivision 1.  [COURT ORDER.] For any support order being 
 31.32  enforced by the public authority, the public authority may seek 
 31.33  a court order requiring the obligor to seek employment if:  
 31.34     (1) employment of the obligor cannot be verified; 
 31.35     (2) the obligor is in arrears in court-ordered child 
 31.36  support or maintenance payments or both in an amount equal to or 
 32.1   greater than three times the obligor's total monthly support and 
 32.2   maintenance payments; and 
 32.3      (3) the obligor is not in compliance with a written payment 
 32.4   plan.  
 32.5      Upon proper notice being given to the obligor, the court 
 32.6   may enter a seek employment order if it finds that the obligor 
 32.7   has not provided proof of gainful employment and has not 
 32.8   consented to an order for income withholding under section 
 32.9   518.6111 or entered into a written payment plan approved by the 
 32.10  court, an administrative law judge, a child support magistrate, 
 32.11  or the public authority.  
 32.12     Sec. 20.  Minnesota Statutes 1998, section 518.617, 
 32.13  subdivision 1, is amended to read: 
 32.14     Subdivision 1.  [GROUNDS.] If a person against whom an 
 32.15  order or decree for support has been entered under this chapter, 
 32.16  chapter 256, or a comparable law from another jurisdiction, is 
 32.17  in arrears in court-ordered child support or maintenance 
 32.18  payments in an amount equal to or greater than three times the 
 32.19  obligor's total monthly support and maintenance payments and is 
 32.20  not in compliance with a written payment plan approved by the 
 32.21  court, an administrative law judge a child support magistrate, 
 32.22  or the public authority, the person may be cited and punished by 
 32.23  the court for contempt under section 518.64, chapter 588, or 
 32.24  this section.  Failure to comply with a seek employment order 
 32.25  entered under section 518.616 is evidence of willful failure to 
 32.26  pay support.  
 32.27     Sec. 21.  Minnesota Statutes 1998, section 518.641, 
 32.28  subdivision 2, is amended to read: 
 32.29     Subd. 2.  [CONDITIONS.] No adjustment under this section 
 32.30  may be made unless the order provides for it and until the 
 32.31  following conditions are met:  
 32.32     (a) the obligee serves notice of the application for 
 32.33  adjustment by mail on the obligor at the obligor's last known 
 32.34  address at least 20 days before the effective date of the 
 32.35  adjustment; 
 32.36     (b) the notice to the obligor informs the obligor of the 
 33.1   date on which the adjustment in payments will become effective; 
 33.2      (c) after receipt of notice and before the effective day of 
 33.3   the adjustment, the obligor fails to request a hearing on the 
 33.4   issue of whether the adjustment should take effect, and ex 
 33.5   parte, to stay imposition of the adjustment pending outcome of 
 33.6   the hearing; or 
 33.7      (d) the public authority sends notice of its application 
 33.8   for adjustment to the obligor at the obligor's last known 
 33.9   address at least 20 days before the effective date of the 
 33.10  adjustment, and the notice informs the obligor of the date on 
 33.11  which the adjustment will become effective and the procedures 
 33.12  for contesting the adjustment according to section 518.5512 
 33.13  484.702. 
 33.14     Sec. 22.  Minnesota Statutes 1998, section 552.05, 
 33.15  subdivision 4, is amended to read: 
 33.16     Subd. 4.  [PROCESS TO REQUEST HEARING.] If the judgment 
 33.17  debtor elects to request a hearing on any issue specified in 
 33.18  subdivision 6, the judgment debtor shall complete the applicable 
 33.19  portion of the exemption and right to hearing notice, sign it 
 33.20  under penalty of perjury, and deliver one copy to the public 
 33.21  authority within 14 days of the date postmarked on the 
 33.22  correspondence mailed to the judgment debtor containing the 
 33.23  exemption and right to hearing notice.  Upon timely receipt of a 
 33.24  request for hearing, funds not claimed to be exempt by the 
 33.25  judgment debtor remain subject to the execution levy.  Within 
 33.26  seven days after the date postmarked on the envelope containing 
 33.27  the executed request for hearing mailed to the public authority, 
 33.28  or the date of personal delivery of the executed request for 
 33.29  hearing to the public authority, the public authority shall 
 33.30  either notify the financial institution to release the exempt 
 33.31  portion of the funds to the judgment debtor or schedule a 
 33.32  contested administrative proceeding under section 518.5511 an 
 33.33  expedited child support hearing under section 484.702 and notify 
 33.34  the judgment debtor of the time and place of the scheduled 
 33.35  hearing. 
 33.36     Sec. 23.  Minnesota Statutes 1998, section 552.05, 
 34.1   subdivision 5, is amended to read: 
 34.2      Subd. 5.  [DUTIES OF PUBLIC AUTHORITY IF HEARING IS 
 34.3   REQUESTED.] Within seven days of the receipt of a request for 
 34.4   hearing or a claim of exemption to which the public authority 
 34.5   does not consent, the public authority shall schedule a 
 34.6   contested administrative proceeding under section 518.5511 an 
 34.7   expedited child support hearing under section 484.702.  The 
 34.8   hearing must be scheduled to occur within five business days.  
 34.9   The public authority shall send written notice of the hearing 
 34.10  date, time, and place to the judgment debtor by first class 
 34.11  mail.  The hearing may be conducted by telephone, audiovisual 
 34.12  means or other electronic means, at the discretion of the 
 34.13  administrative law judge.  If the hearing is to be conducted by 
 34.14  telephone, audiovisual means, or other electronic means, the 
 34.15  public authority shall provide reasonable assistance to the 
 34.16  judgment debtor to facilitate the submission of all necessary 
 34.17  documentary evidence to the administrative law judge, including 
 34.18  access to the public authority's facsimile transmission machine. 
 34.19     Sec. 24.  [REPEALER.] 
 34.20     Minnesota Statutes 1998, sections 518.5511; and 518.5512, 
 34.21  are repealed. 
 34.22     Sec. 25.  [EFFECTIVE DATE; APPLICATION.] 
 34.23     This act is effective July 1, 1999.