SF 23

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

  1.1                          A bill for an act 
  1.2             relating to child support; eliminating the 
  1.3             administrative process for child and medical support 
  1.4             orders; providing for the appointment of family law 
  1.5             magistrates to handle child and medical support and 
  1.6             related family law proceedings; appropriating money; 
  1.7             amending Minnesota Statutes 1998, sections 357.021, 
  1.8             subdivision 1a; 518.551, subdivisions 12, 13, and 14; 
  1.9             518.575, subdivision 1; and 518.616, subdivision 1; 
  1.10            proposing coding for new law in Minnesota Statutes, 
  1.11            chapter 484; repealing Minnesota Statutes 1998, 
  1.12            sections 518.5511; and 518.5512. 
  1.13  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.14                             ARTICLE 1 
  1.15                       ADMINISTRATIVE PROCESS
  1.16     Section 1.  Minnesota Statutes 1998, section 357.021, 
  1.17  subdivision 1a, is amended to read: 
  1.18     Subd. 1a.  [TRANSMITTAL OF FEES TO STATE TREASURER.] (a) 
  1.19  Every person, including the state of Minnesota and all bodies 
  1.20  politic and corporate, who shall transact any business in the 
  1.21  district court, shall pay to the court administrator of said 
  1.22  court the sundry fees prescribed in subdivision 2.  Except as 
  1.23  provided in paragraph (d), the court administrator shall 
  1.24  transmit the fees monthly to the state treasurer for deposit in 
  1.25  the state treasury and credit to the general fund.  
  1.26     (b) In a county which has a screener-collector position, 
  1.27  fees paid by a county pursuant to this subdivision shall be 
  1.28  transmitted monthly to the county treasurer, who shall apply the 
  1.29  fees first to reimburse the county for the amount of the salary 
  2.1   paid for the screener-collector position.  The balance of the 
  2.2   fees collected shall then be forwarded to the state treasurer 
  2.3   for deposit in the state treasury and credited to the general 
  2.4   fund.  In a county in the eighth judicial district which has a 
  2.5   screener-collector position, the fees paid by a county shall be 
  2.6   transmitted monthly to the state treasurer for deposit in the 
  2.7   state treasury and credited to the general fund.  A 
  2.8   screener-collector position for purposes of this paragraph is an 
  2.9   employee whose function is to increase the collection of fines 
  2.10  and to review the incomes of potential clients of the public 
  2.11  defender, in order to verify eligibility for that service. 
  2.12     (c) No fee is required under this section from the public 
  2.13  authority or the party the public authority represents in an 
  2.14  action for: 
  2.15     (1) child support enforcement or modification, medical 
  2.16  assistance enforcement, or establishment of parentage in the 
  2.17  district court, or child or medical support enforcement 
  2.18  conducted by an administrative law judge in an administrative 
  2.19  hearing under section 518.5511; 
  2.20     (2) civil commitment under chapter 253B; 
  2.21     (3) the appointment of a public conservator or public 
  2.22  guardian or any other action under chapters 252A and 525; 
  2.23     (4) wrongfully obtaining public assistance under section 
  2.24  256.98 or 256D.07, or recovery of overpayments of public 
  2.25  assistance; 
  2.26     (5) court relief under chapter 260; 
  2.27     (6) forfeiture of property under sections 169.1217 and 
  2.28  609.531 to 609.5317; 
  2.29     (7) recovery of amounts issued by political subdivisions or 
  2.30  public institutions under sections 246.52, 252.27, 256.045, 
  2.31  256.25, 256.87, 256B.042, 256B.14, 256B.15, 256B.37, and 
  2.32  260.251, or other sections referring to other forms of public 
  2.33  assistance; 
  2.34     (8) restitution under section 611A.04; or 
  2.35     (9) actions seeking monetary relief in favor of the state 
  2.36  pursuant to section 16D.14, subdivision 5. 
  3.1      (d) The fees collected for child support modifications 
  3.2   under subdivision 2, clause (13), must be transmitted to the 
  3.3   county treasurer for deposit in the county general fund.  The 
  3.4   fees must be used by the county to pay for child support 
  3.5   enforcement efforts by county attorneys. 
  3.6      Sec. 2.  Minnesota Statutes 1998, section 518.551, 
  3.7   subdivision 12, is amended to read: 
  3.8      Subd. 12.  [OCCUPATIONAL LICENSE SUSPENSION.] (a) Upon 
  3.9   motion of an obligee, if the court finds that the obligor is or 
  3.10  may be licensed by a licensing board listed in section 214.01 or 
  3.11  other state, county, or municipal agency or board that issues an 
  3.12  occupational license and the obligor is in arrears in 
  3.13  court-ordered child support or maintenance payments or both in 
  3.14  an amount equal to or greater than three times the obligor's 
  3.15  total monthly support and maintenance payments and is not in 
  3.16  compliance with a written payment agreement regarding both 
  3.17  current support and arrearages approved by the court, an 
  3.18  administrative law judge, or the public authority, the 
  3.19  administrative law judge, or the court shall direct the 
  3.20  licensing board or other licensing agency to suspend the license 
  3.21  under section 214.101.  The court's order must be stayed for 90 
  3.22  days in order to allow the obligor to execute a written payment 
  3.23  agreement regarding both current support and arrearages.  The 
  3.24  payment agreement must be approved by either the court or the 
  3.25  public authority responsible for child support enforcement.  If 
  3.26  the obligor has not executed or is not in compliance with a 
  3.27  written payment agreement regarding both current support and 
  3.28  arrearages after the 90 days expires, the court's order becomes 
  3.29  effective.  If the obligor is a licensed attorney, the court 
  3.30  shall report the matter to the lawyers professional 
  3.31  responsibility board for appropriate action in accordance with 
  3.32  the rules of professional conduct.  The remedy under this 
  3.33  subdivision is in addition to any other enforcement remedy 
  3.34  available to the court. 
  3.35     (b) If a public authority responsible for child support 
  3.36  enforcement finds that the obligor is or may be licensed by a 
  4.1   licensing board listed in section 214.01 or other state, county, 
  4.2   or municipal agency or board that issues an occupational license 
  4.3   and the obligor is in arrears in court-ordered child support or 
  4.4   maintenance payments or both in an amount equal to or greater 
  4.5   than three times the obligor's total monthly support and 
  4.6   maintenance payments and is not in compliance with a written 
  4.7   payment agreement regarding both current support and arrearages 
  4.8   approved by the court, an administrative law judge, or the 
  4.9   public authority, the court, an administrative law judge, or the 
  4.10  public authority shall direct the licensing board or other 
  4.11  licensing agency to suspend the license under section 214.101.  
  4.12  If the obligor is a licensed attorney, the public authority may 
  4.13  report the matter to the lawyers professional responsibility 
  4.14  board for appropriate action in accordance with the rules of 
  4.15  professional conduct.  The remedy under this subdivision is in 
  4.16  addition to any other enforcement remedy available to the public 
  4.17  authority. 
  4.18     (c) At least 90 days before notifying a licensing authority 
  4.19  or the lawyers professional responsibility board under paragraph 
  4.20  (b), the public authority shall mail a written notice to the 
  4.21  license holder addressed to the license holder's last known 
  4.22  address that the public authority intends to seek license 
  4.23  suspension under this subdivision and that the license holder 
  4.24  must request a hearing within 30 days in order to contest the 
  4.25  suspension.  If the license holder makes a written request for a 
  4.26  hearing within 30 days of the date of the notice, either a court 
  4.27  hearing or a contested administrative proceeding must be held 
  4.28  under section 518.5511, subdivision 4.  Notwithstanding any law 
  4.29  to the contrary, the license holder must be served with 14 days' 
  4.30  notice in writing specifying the time and place of the hearing 
  4.31  and the allegations against the license holder.  The notice may 
  4.32  be served personally or by mail.  If the public authority does 
  4.33  not receive a request for a hearing within 30 days of the date 
  4.34  of the notice, and the obligor does not execute a written 
  4.35  payment agreement regarding both current support and arrearages 
  4.36  approved by the public authority within 90 days of the date of 
  5.1   the notice, the public authority shall direct the licensing 
  5.2   board or other licensing agency to suspend the obligor's license 
  5.3   under paragraph (b), or shall report the matter to the lawyers 
  5.4   professional responsibility board. 
  5.5      (d) The administrative law judge, on behalf of The public 
  5.6   authority, or the court shall notify the lawyers professional 
  5.7   responsibility board for appropriate action in accordance with 
  5.8   the rules of professional responsibility conduct or order the 
  5.9   licensing board or licensing agency to suspend the license if 
  5.10  the judge finds that: 
  5.11     (1) the person is licensed by a licensing board or other 
  5.12  state agency that issues an occupational license; 
  5.13     (2) the person has not made full payment of arrearages 
  5.14  found to be due by the public authority; and 
  5.15     (3) the person has not executed or is not in compliance 
  5.16  with a payment plan approved by the court, an administrative law 
  5.17  judge, or the public authority. 
  5.18     (e) Within 15 days of the date on which the obligor either 
  5.19  makes full payment of arrearages found to be due by the court or 
  5.20  public authority or executes and initiates good faith compliance 
  5.21  with a written payment plan approved by the court, an 
  5.22  administrative law judge, or the public authority, the court, an 
  5.23  administrative law judge, or the public authority responsible 
  5.24  for child support enforcement shall notify the licensing board 
  5.25  or licensing agency or the lawyers professional responsibility 
  5.26  board that the obligor is no longer ineligible for license 
  5.27  issuance, reinstatement, or renewal under this subdivision. 
  5.28     (f) In addition to the criteria established under this 
  5.29  section for the suspension of an obligor's occupational license, 
  5.30  a court, an administrative law judge, or the public authority 
  5.31  may direct the licensing board or other licensing agency to 
  5.32  suspend the license of a party who has failed, after receiving 
  5.33  notice, to comply with a subpoena relating to a paternity or 
  5.34  child support proceeding.  Notice to an obligor of intent to 
  5.35  suspend must be served by first class mail at the obligor's last 
  5.36  known address.  The notice must inform the obligor of the right 
  6.1   to request a hearing.  If the obligor makes a written request 
  6.2   within ten days of the date of the hearing, a contested 
  6.3   administrative proceeding hearing must be held under section 
  6.4   518.5511, subdivision 4.  At the hearing, the only issues to be 
  6.5   considered are mistake of fact and whether the obligor received 
  6.6   the subpoena. 
  6.7      (g) The license of an obligor who fails to remain in 
  6.8   compliance with an approved payment agreement may be suspended.  
  6.9   Notice to the obligor of an intent to suspend under this 
  6.10  paragraph must be served by first class mail at the obligor's 
  6.11  last known address and must include a notice of hearing.  The 
  6.12  notice must be served upon the obligor not less than ten days 
  6.13  before the date of the hearing.  If the obligor appears at the 
  6.14  hearing and the judge determines that the obligor has failed to 
  6.15  comply with an approved payment agreement, the judge shall 
  6.16  notify the occupational licensing board or agency to suspend the 
  6.17  obligor's license under paragraph (c).  If the obligor fails to 
  6.18  appear at the hearing, the public authority may notify the 
  6.19  occupational or licensing board to suspend the obligor's license 
  6.20  under paragraph (c). 
  6.21     Sec. 3.  Minnesota Statutes 1998, section 518.551, 
  6.22  subdivision 13, is amended to read: 
  6.23     Subd. 13.  [DRIVER'S LICENSE SUSPENSION.] (a) Upon motion 
  6.24  of an obligee, which has been properly served on the obligor and 
  6.25  upon which there has been an opportunity for hearing, if a court 
  6.26  finds that the obligor has been or may be issued a driver's 
  6.27  license by the commissioner of public safety and the obligor is 
  6.28  in arrears in court-ordered child support or maintenance 
  6.29  payments, or both, in an amount equal to or greater than three 
  6.30  times the obligor's total monthly support and maintenance 
  6.31  payments and is not in compliance with a written payment 
  6.32  agreement regarding both current support and arrearages approved 
  6.33  by the court, an administrative law judge, or the public 
  6.34  authority, the court shall order the commissioner of public 
  6.35  safety to suspend the obligor's driver's license.  The court's 
  6.36  order must be stayed for 90 days in order to allow the obligor 
  7.1   to execute a written payment agreement regarding both current 
  7.2   support and arrearages, which payment agreement must be approved 
  7.3   by either the court or the public authority responsible for 
  7.4   child support enforcement.  If the obligor has not executed or 
  7.5   is not in compliance with a written payment agreement regarding 
  7.6   both current support and arrearages after the 90 days expires, 
  7.7   the court's order becomes effective and the commissioner of 
  7.8   public safety shall suspend the obligor's driver's license.  The 
  7.9   remedy under this subdivision is in addition to any other 
  7.10  enforcement remedy available to the court.  An obligee may not 
  7.11  bring a motion under this paragraph within 12 months of a denial 
  7.12  of a previous motion under this paragraph. 
  7.13     (b) If a public authority responsible for child support 
  7.14  enforcement determines that the obligor has been or may be 
  7.15  issued a driver's license by the commissioner of public safety 
  7.16  and the obligor is in arrears in court-ordered child support or 
  7.17  maintenance payments or both in an amount equal to or greater 
  7.18  than three times the obligor's total monthly support and 
  7.19  maintenance payments and not in compliance with a written 
  7.20  payment agreement regarding both current support and arrearages 
  7.21  approved by the court, an administrative law judge, or the 
  7.22  public authority, the public authority shall direct the 
  7.23  commissioner of public safety to suspend the obligor's driver's 
  7.24  license.  The remedy under this subdivision is in addition to 
  7.25  any other enforcement remedy available to the public authority. 
  7.26     (c) At least 90 days prior to notifying the commissioner of 
  7.27  public safety according to paragraph (b), the public authority 
  7.28  must mail a written notice to the obligor at the obligor's last 
  7.29  known address, that it intends to seek suspension of the 
  7.30  obligor's driver's license and that the obligor must request a 
  7.31  hearing within 30 days in order to contest the suspension.  If 
  7.32  the obligor makes a written request for a hearing within 30 days 
  7.33  of the date of the notice, either a court hearing or a contested 
  7.34  administrative proceeding must be held under section 518.5511, 
  7.35  subdivision 4.  Notwithstanding any law to the contrary, the 
  7.36  obligor must be served with 14 days' notice in writing 
  8.1   specifying the time and place of the hearing and the allegations 
  8.2   against the obligor.  The notice may be served personally or by 
  8.3   mail.  If the public authority does not receive a request for a 
  8.4   hearing within 30 days of the date of the notice, and the 
  8.5   obligor does not execute a written payment agreement regarding 
  8.6   both current support and arrearages approved by the public 
  8.7   authority within 90 days of the date of the notice, the public 
  8.8   authority shall direct the commissioner of public safety to 
  8.9   suspend the obligor's driver's license under paragraph (b). 
  8.10     (d) At a hearing requested by the obligor under paragraph 
  8.11  (c), and on finding that the obligor is in arrears in 
  8.12  court-ordered child support or maintenance payments or both in 
  8.13  an amount equal to or greater than three times the obligor's 
  8.14  total monthly support and maintenance payments, the district 
  8.15  court or the administrative law judge shall order the 
  8.16  commissioner of public safety to suspend the obligor's driver's 
  8.17  license or operating privileges unless the court or 
  8.18  administrative law judge determines that the obligor has 
  8.19  executed and is in compliance with a written payment agreement 
  8.20  regarding both current support and arrearages approved by the 
  8.21  court, an administrative law judge, or the public authority. 
  8.22     (e) An obligor whose driver's license or operating 
  8.23  privileges are suspended may provide proof to the public 
  8.24  authority responsible for child support enforcement that the 
  8.25  obligor is in compliance with all written payment agreements 
  8.26  regarding both current support and arrearages.  Within 15 days 
  8.27  of the receipt of that proof, the public authority shall inform 
  8.28  the commissioner of public safety that the obligor's driver's 
  8.29  license or operating privileges should no longer be suspended. 
  8.30     (f) On January 15, 1997, and every two years after that, 
  8.31  the commissioner of human services shall submit a report to the 
  8.32  legislature that identifies the following information relevant 
  8.33  to the implementation of this section: 
  8.34     (1) the number of child support obligors notified of an 
  8.35  intent to suspend a driver's license; 
  8.36     (2) the amount collected in payments from the child support 
  9.1   obligors notified of an intent to suspend a driver's license; 
  9.2      (3) the number of cases paid in full and payment agreements 
  9.3   executed in response to notification of an intent to suspend a 
  9.4   driver's license; 
  9.5      (4) the number of cases in which there has been 
  9.6   notification and no payments or payment agreements; 
  9.7      (5) the number of driver's licenses suspended; and 
  9.8      (6) the cost of implementation and operation of the 
  9.9   requirements of this section. 
  9.10     (g) In addition to the criteria established under this 
  9.11  section for the suspension of an obligor's driver's license, a 
  9.12  court, an administrative law judge, or the public authority may 
  9.13  direct the commissioner of public safety to suspend the license 
  9.14  of a party who has failed, after receiving notice, to comply 
  9.15  with a subpoena relating to a paternity or child support 
  9.16  proceeding.  Notice to an obligor of intent to suspend must be 
  9.17  served by first class mail at the obligor's last known address.  
  9.18  The notice must inform the obligor of the right to request a 
  9.19  hearing.  If the obligor makes a written request within ten days 
  9.20  of the date of the hearing, a contested administrative 
  9.21  proceeding must be held under section 518.5511, subdivision 
  9.22  4 hearing must be held.  At the hearing, the only issues to be 
  9.23  considered are mistake of fact and whether the obligor received 
  9.24  the subpoena. 
  9.25     (h) The license of an obligor who fails to remain in 
  9.26  compliance with an approved payment agreement may be suspended.  
  9.27  Notice to the obligor of an intent to suspend under this 
  9.28  paragraph must be served by first class mail at the obligor's 
  9.29  last known address and must include a notice of hearing.  The 
  9.30  notice must be served upon the obligor not less than ten days 
  9.31  before the date of the hearing.  If the obligor appears at the 
  9.32  hearing and the judge determines that the obligor has failed to 
  9.33  comply with an approved payment agreement, the judge shall 
  9.34  notify the department of public safety to suspend the obligor's 
  9.35  license under paragraph (c).  If the obligor fails to appear at 
  9.36  the hearing, the public authority may notify the department of 
 10.1   public safety to suspend the obligor's license under paragraph 
 10.2   (c). 
 10.3      Sec. 4.  Minnesota Statutes 1998, section 518.551, 
 10.4   subdivision 14, is amended to read: 
 10.5      Subd. 14.  [MOTOR VEHICLE LIEN.] (a) Upon motion of an 
 10.6   obligee, if a court finds that the obligor is a debtor for a 
 10.7   judgment debt resulting from nonpayment of court-ordered child 
 10.8   support or maintenance payments, or both, in an amount equal to 
 10.9   or greater than three times the obligor's total monthly support 
 10.10  and maintenance payments, the court shall order the commissioner 
 10.11  of public safety to enter a lien in the name of the obligee or 
 10.12  in the name of the state of Minnesota, as appropriate, in 
 10.13  accordance with section 168A.05, subdivision 8, unless the court 
 10.14  finds that the obligor is in compliance with a written payment 
 10.15  agreement regarding both current support and arrearages approved 
 10.16  by the court, an administrative law judge, or the public 
 10.17  authority.  The court's order must be stayed for 90 days in 
 10.18  order to allow the obligor to execute a written payment 
 10.19  agreement regarding both current support and arrearages, which 
 10.20  agreement shall be approved by either the court or the public 
 10.21  authority responsible for child support enforcement.  If the 
 10.22  obligor has not executed or is not in compliance with a written 
 10.23  payment agreement regarding both current support and arrearages 
 10.24  approved by the court, an administrative law judge, or the 
 10.25  public authority within the 90-day period, the court's order 
 10.26  becomes effective and the commissioner of public safety shall 
 10.27  record the lien on any motor vehicle certificate of title 
 10.28  subsequently issued in the name of the obligor.  The remedy 
 10.29  under this subdivision is in addition to any other enforcement 
 10.30  remedy available to the court. 
 10.31     (b) If a public authority responsible for child support 
 10.32  enforcement determines that the obligor is a debtor for judgment 
 10.33  debt resulting from nonpayment of court-ordered child support or 
 10.34  maintenance payments, or both, in an amount equal to or greater 
 10.35  than three times the obligor's total monthly support and 
 10.36  maintenance payments, the public authority shall direct the 
 11.1   commissioner of public safety to enter a lien in the name of the 
 11.2   obligee or in the name of the state of Minnesota, as 
 11.3   appropriate, under section 168A.05, subdivision 8, on any motor 
 11.4   vehicle certificate of title subsequently issued in the name of 
 11.5   the obligor unless the public authority determines that the 
 11.6   obligor is in compliance with a written payment agreement 
 11.7   regarding both current support and arrearages approved by the 
 11.8   court, an administrative law judge, or the public authority.  
 11.9   The remedy under this subdivision is in addition to any other 
 11.10  enforcement remedy available to the public agency. 
 11.11     (c) At least 90 days prior to notifying the commissioner of 
 11.12  public safety pursuant to paragraph (b), the public authority 
 11.13  must mail a written notice to the obligor at the obligor's last 
 11.14  known address, that it intends to record a lien on any motor 
 11.15  vehicle certificate of title subsequently issued in the name of 
 11.16  the obligor and that the obligor must request a hearing within 
 11.17  30 days in order to contest the action.  If the obligor makes a 
 11.18  written request for a hearing within 30 days of the date of the 
 11.19  notice, either a court hearing or a contested administrative 
 11.20  proceeding must be held under section 518.5511, subdivision 4.  
 11.21  Notwithstanding any law to the contrary, the obligor must be 
 11.22  served with 14 days' notice in writing specifying the time and 
 11.23  place of the hearing and the allegations against the obligor.  
 11.24  The notice may be served personally or by mail.  If the public 
 11.25  authority does not receive a request for a hearing within 30 
 11.26  days of the date of the notice and the obligor does not execute 
 11.27  or is not in compliance with a written payment agreement 
 11.28  regarding both current support and arrearages approved by the 
 11.29  public authority within 90 days of the date of the notice, the 
 11.30  public authority shall direct the commissioner of public safety 
 11.31  to record the lien under paragraph (b). 
 11.32     (d) At a hearing requested by the obligor under paragraph 
 11.33  (c), and on finding that the obligor is in arrears in 
 11.34  court-ordered child support or maintenance payments or both in 
 11.35  an amount equal to or greater than three times the obligor's 
 11.36  total monthly support and maintenance payments, the district 
 12.1   court or the administrative law judge shall order the 
 12.2   commissioner of public safety to record the lien unless the 
 12.3   court or administrative law judge determines that the obligor 
 12.4   has executed and is in compliance with a written payment 
 12.5   agreement regarding both current support and arrearages 
 12.6   determined to be acceptable by the court, an administrative law 
 12.7   judge, or the public authority. 
 12.8      (e) An obligor may provide proof to the court or the public 
 12.9   authority responsible for child support enforcement that the 
 12.10  obligor is in compliance with all written payment agreements 
 12.11  regarding both current support and arrearages or that the value 
 12.12  of the motor vehicle is less than the exemption provided under 
 12.13  section 550.37.  Within 15 days of the receipt of that proof, 
 12.14  the court or public authority shall either execute a release of 
 12.15  security interest under section 168A.20, subdivision 4, and mail 
 12.16  or deliver the release to the owner or other authorized person 
 12.17  or shall direct the commissioner of public safety not to enter a 
 12.18  lien on any motor vehicle certificate of title subsequently 
 12.19  issued in the name of the obligor in instances where a lien has 
 12.20  not yet been entered.  
 12.21     (f) Any lien recorded against a motor vehicle certificate 
 12.22  of title under this section and section 168A.05, subdivision 8, 
 12.23  attaches only to the nonexempt value of the motor vehicle as 
 12.24  determined in accordance with section 550.37.  The value of a 
 12.25  motor vehicle must be determined in accordance with the retail 
 12.26  value described in the N.A.D.A. Official Used Car Guide, Midwest 
 12.27  Edition, for the current year, or in accordance with the 
 12.28  purchase price as defined in section 297B.01, subdivision 8. 
 12.29     Sec. 5.  Minnesota Statutes 1998, section 518.575, 
 12.30  subdivision 1, is amended to read: 
 12.31     Subdivision 1.  [MAKING NAMES PUBLIC.] At least once each 
 12.32  year, the commissioner of human services, in consultation with 
 12.33  the attorney general, shall publish a list of the names and 
 12.34  other identifying information of no more than 25 persons who (1) 
 12.35  are child support obligors, (2) are at least $10,000 in arrears, 
 12.36  (3) are not in compliance with a written payment agreement 
 13.1   regarding both current support and arrearages approved by the 
 13.2   court, an administrative law judge, or the public authority, (4) 
 13.3   cannot currently be located by the public authority for the 
 13.4   purposes of enforcing a support order, and (5) have not made a 
 13.5   support payment except tax intercept payments, in the preceding 
 13.6   12 months. 
 13.7      Identifying information may include the obligor's name, 
 13.8   last known address, amount owed, date of birth, photograph, the 
 13.9   number of children for whom support is owed, and any additional 
 13.10  information about the obligor that would assist in identifying 
 13.11  or locating the obligor.  The commissioner and attorney general 
 13.12  may use posters, media presentations, electronic technology, and 
 13.13  other means that the commissioner and attorney general determine 
 13.14  are appropriate for dissemination of the information, including 
 13.15  publication on the Internet.  The commissioner and attorney 
 13.16  general may make any or all of the identifying information 
 13.17  regarding these persons public.  Information regarding an 
 13.18  obligor who meets the criteria in this subdivision will only be 
 13.19  made public subsequent to that person's selection by the 
 13.20  commissioner and attorney general. 
 13.21     Before making public the name of the obligor, the 
 13.22  department of human services shall send a notice to the 
 13.23  obligor's last known address which states the department's 
 13.24  intention to make public information on the obligor.  The notice 
 13.25  must also provide an opportunity to have the obligor's name 
 13.26  removed from the list by paying the arrearage or by entering 
 13.27  into an agreement to pay the arrearage, or by providing 
 13.28  information to the public authority that there is good cause not 
 13.29  to make the information public.  The notice must include the 
 13.30  final date when the payment or agreement can be accepted. 
 13.31     The department of human services shall obtain the written 
 13.32  consent of the obligee to make the name of the obligor public. 
 13.33     Sec. 6.  Minnesota Statutes 1998, section 518.616, 
 13.34  subdivision 1, is amended to read: 
 13.35     Subdivision 1.  [COURT ORDER.] For any support order being 
 13.36  enforced by the public authority, the public authority may seek 
 14.1   a court order requiring the obligor to seek employment if:  
 14.2      (1) employment of the obligor cannot be verified; 
 14.3      (2) the obligor is in arrears in court-ordered child 
 14.4   support or maintenance payments or both in an amount equal to or 
 14.5   greater than three times the obligor's total monthly support and 
 14.6   maintenance payments; and 
 14.7      (3) the obligor is not in compliance with a written payment 
 14.8   plan.  
 14.9      Upon proper notice being given to the obligor, the court 
 14.10  may enter a seek employment order if it finds that the obligor 
 14.11  has not provided proof of gainful employment and has not 
 14.12  consented to an order for income withholding under section 
 14.13  518.6111 or entered into a written payment plan approved by the 
 14.14  court, an administrative law judge, or the public authority.  
 14.15     Sec. 7.  [REPEALER.] 
 14.16     Minnesota Statutes 1998, sections 518.5511; and 518.5512, 
 14.17  are repealed. 
 14.18     Sec. 8.  [EFFECTIVE DATE; APPLICATION.] 
 14.19     This article is effective July 1, 1999, and applies to 
 14.20  motions or proceedings pending on or commenced on or after that 
 14.21  date.  Orders issued by an administrative law judge before the 
 14.22  effective date, including the approval of payment plans for 
 14.23  arrearages, continue to remain in effect until modified under 
 14.24  applicable law. 
 14.25                             ARTICLE 2
 14.26                       FAMILY LAW MAGISTRATES
 14.27     Section 1.  [484.702] [FAMILY LAW MAGISTRATES.] 
 14.28     Subdivision 1.  [APPOINTMENT.] The chief judge of a 
 14.29  judicial district may appoint one or more family law magistrates 
 14.30  to handle family law matters under this section.  Magistrates 
 14.31  hold office at the pleasure of the judges of the district court 
 14.32  and must be learned in the law and have demonstrated experience 
 14.33  in family law matters.  Magistrates are subject to the 
 14.34  administrative authority and assignment power of the chief judge 
 14.35  as provided in section 484.69. 
 14.36     Subd. 2.  [JURISDICTION.] Magistrates appointed under this 
 15.1   section may handle proceedings to obtain, modify, and enforce 
 15.2   child and medical support and parentage orders and enforce 
 15.3   maintenance if combined with a child support proceeding.  
 15.4   Magistrates may: 
 15.5      (1) hear and report on all matters assigned by the chief 
 15.6   judge; and 
 15.7      (2) recommend findings of fact, conclusions of law, and 
 15.8   temporary and final decisions and orders. 
 15.9      Subd. 3.  [CONFIRMATION AND REVIEW.] (a) A decision and 
 15.10  recommended order of a magistrate is subject to confirmation by 
 15.11  a district court judge.  Upon the conclusion of a hearing, the 
 15.12  magistrate shall transmit to a district court judge the file 
 15.13  together with recommended findings and orders in writing.  The 
 15.14  recommended findings and orders of the magistrate become the 
 15.15  findings and orders of the court when confirmed by a district 
 15.16  court judge.  The order of the court is proof of the 
 15.17  confirmation. 
 15.18     (b) Review of a recommended order or finding of a 
 15.19  magistrate by a district court judge may be made by notice 
 15.20  served and filed within ten days of the date of notice of the 
 15.21  recommended order or finding.  The notice of review must specify 
 15.22  the grounds for review and the specific provisions of the 
 15.23  recommended findings or orders disputed.  The court shall set a 
 15.24  time and place for a review hearing. 
 15.25     (c) All orders and findings recommended by a magistrate 
 15.26  become effective orders when countersigned by a district court 
 15.27  judge and remain effective during the pendency of a review, 
 15.28  including a remand to the magistrate, unless the district court 
 15.29  judge: 
 15.30     (1) expressly stays the effect of the order; 
 15.31     (2) changes the order during the pendency of the review; or 
 15.32     (3) changes or vacates the order upon completion of the 
 15.33  review. 
 15.34     Sec. 2.  [APPROPRIATION.] 
 15.35     $....... is appropriated from the general fund to the 
 15.36  supreme court for purposes of funding the family law magistrate 
 16.1   positions authorized in section 1.  This appropriation is 
 16.2   available until June 30, 2001.