1st Unofficial 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; 518.551, 1.11 subdivisions 12, 13, and 14; 518.553; 518.575, 1.12 subdivision 1; 518.5853, subdivision 6; 518.6111, 1.13 subdivisions 2, 7, 8, and 14; 518.616, subdivision 1; 1.14 518.617, subdivision 1; 518.641, subdivision 2; and 1.15 552.05, subdivisions 4 and 5; proposing coding for new 1.16 law in Minnesota Statutes, chapters 484; and 518; 1.17 repealing Minnesota Statutes 1998, sections 518.5511; 1.18 and 518.5512. 1.19 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 1.20 ARTICLE 1 1.21 EXPEDITED ADMINISTRATIVE PROCEDURES AND JUDICIAL PROCESS 1.22 Section 1. Minnesota Statutes 1998, section 484.70, 1.23 subdivision 1, is amended to read: 1.24 Subdivision 1. [APPOINTMENT.] The chief judge of the 1.25 judicial district may appoint one or more suitable persons to 1.26 act as referees. Referees shall hold office at the pleasure of 1.27 the judges of the district court and shall be learned in the 1.28 law, except that persons holding the office of referee on 1.29 January 1, 1983, may continue to serve under the terms and 1.30 conditions of their appointment. All referees are subject to 1.31 the administrative authority and assignment power of the chief 1.32 judge of the district as provided in section 484.69, subdivision 2.1 3, and are not limited to assignment to family, probate, 2.2 juvenile or special term court.Part time referees holding2.3office in the second judicial district pursuant to this2.4subdivision shall cease to hold office on July 31, 1984.2.5 Sec. 2. [484.702] [EXPEDITED CHILD SUPPORT HEARING 2.6 PROCESS.] 2.7 Subdivision 1. [ESTABLISHMENT.] The supreme court shall 2.8 establish an expedited child support hearing process to increase 2.9 effectiveness in hearings related to the establishment, 2.10 modification, or enforcement of child support and paternity 2.11 orders. The process must be designed to handle child support 2.12 and paternity matters within the time frames provided by Code of 2.13 Federal Regulations, title 45, section 303.101. 2.14 Subd. 2. [ADMINISTRATION.] The state court administrator 2.15 shall provide for the administration of the expedited child 2.16 support hearing process in each judicial district. 2.17 Subd. 3. [APPOINTMENT OF CHILD SUPPORT MAGISTRATES.] The 2.18 chief judge of each judicial district may appoint one or more 2.19 suitable persons to act as child support magistrates for the 2.20 expedited child support hearing process, with the confirmation 2.21 of the supreme court. A child support magistrate appointed to 2.22 serve in the expedited child support process, whether hired on a 2.23 full-time, part-time, or contract basis, is a judicial officer 2.24 under section 43A.02, subdivision 25, and is an employee of the 2.25 state under section 3.732 for purposes of section 3.736 only. 2.26 Subd. 4. [TRAINING AND QUALIFICATIONS OF CHILD SUPPORT 2.27 MAGISTRATES.] The supreme court must: 2.28 (1) provide training for individuals who serve as child 2.29 support magistrates for the expedited child support hearing 2.30 process; 2.31 (2) establish minimum qualifications for child support 2.32 magistrates; and 2.33 (3) establish a policy for evaluating and removing child 2.34 support magistrates. 2.35 Subd. 5. [RULES.] The supreme court, in consultation with 2.36 the conference of chief judges, shall adopt rules to implement 3.1 the expedited child support hearing process under this section. 3.2 Sec. 3. Minnesota Statutes 1998, section 484.72, is 3.3 amended by adding a subdivision to read: 3.4 Subd. 6. [EXPEDITED CHILD SUPPORT PROCESS.] 3.5 Notwithstanding subdivisions 1 and 4, hearings and proceedings 3.6 conducted in the expedited child support process under section 3.7 484.702 may be reported by use of electronic recording equipment 3.8 provided that the equipment meets the minimum standards 3.9 promulgated by the state court administrator. Electronic 3.10 recording equipment must be operated and monitored by a person 3.11 who meets the minimum qualifications promulgated by the state 3.12 court administrator. 3.13 Sec. 4. [518.178] [VISITATION AND SUPPORT REVIEW HEARING.] 3.14 Upon motion of either party, the court shall conduct a 3.15 hearing to review compliance with the visitation and child 3.16 support provisions set forth in a decree of dissolution or legal 3.17 separation or an order that establishes child custody, 3.18 visitation, and support rights and obligations of parents. The 3.19 state court administrator shall prepare, and each court 3.20 administrator shall make available, simplified pro se forms for 3.21 reviewing visitation and child support disputes. The court may 3.22 impose any visitation enforcement remedy available under 3.23 sections 518.175 and 518.1751, and any support enforcement 3.24 remedy available under section 518.551. 3.25 Sec. 5. [518.5513] [PUBLIC AUTHORITY PROCEDURES FOR CHILD 3.26 AND MEDICAL SUPPORT ORDERS AND PARENTAGE ORDERS.] 3.27 Subdivision 1. [GENERAL.] The public authority may use the 3.28 provisions of this section in cases in which support rights are 3.29 assigned under section 256.741, subdivision 2, or where the 3.30 public authority is providing services under an application for 3.31 child support services. 3.32 Subd. 2. [ROLE OF NONATTORNEY EMPLOYEES; GENERAL 3.33 PROVISIONS.] Under the direction of the county attorney, 3.34 nonattorney employees of the public authority may: 3.35 (1) gather information, negotiate settlements, and prepare 3.36 pleadings, including proposed orders, stipulations, and related 4.1 documents, on behalf of the public authority; 4.2 (2) meet and confer with parties to a child support or 4.3 paternity proceeding in person or by mail, telephone, electronic 4.4 means, or any other method that facilitates communication and 4.5 agreement; and 4.6 (3) exercise other powers on behalf of the public authority 4.7 under this section as provided in subdivisions 3 to 6. 4.8 Subd. 3. [PREPARATION OF FINANCIAL WORKSHEET.] (a) In 4.9 cases involving establishment or modification of a child support 4.10 order, a nonattorney employee of the public authority shall 4.11 prepare a financial worksheet that contains: 4.12 (1) names and addresses of the parties; 4.13 (2) social security numbers of the parties; 4.14 (3) number of members in household of each party and 4.15 dependents of the parties; 4.16 (4) names and addresses of the parties' employers; 4.17 (5) net income of the parties as defined in section 4.18 518.551, subdivision 5, with the authorized deductions itemized; 4.19 (6) amounts and sources of any other earnings and income of 4.20 the parties; 4.21 (7) health insurance coverage of parties; and 4.22 (8) any other information relevant to the determination of 4.23 child or medical support under section 518.171 or 518.551, 4.24 subdivision 5. 4.25 (b) In preparing the financial worksheet, the nonattorney 4.26 employee of the public authority shall obtain any income 4.27 information available to the public authority from the 4.28 department of economic security and serve this information on 4.29 the parties. The information must be filed with the court or 4.30 family law magistrate at least five days before any hearing 4.31 involving child support, medical support, or child care 4.32 reimbursement issues. 4.33 Subd. 4. [DOCUMENTS BASED ON FINANCIAL WORKSHEET.] Under 4.34 the direction of the county attorney, the nonattorney employee 4.35 of the public authority shall prepare a document based on the 4.36 information obtained from the financial worksheet that: 5.1 (1) calculates the amount of child support pursuant to 5.2 section 518.551, subdivision 5, including the amount of child 5.3 care expenses, if any, to be paid by the parties; and 5.4 (2) provides for medical support pursuant to section 5.5 518.171. 5.6 The document may be used as a basis for negotiating a 5.7 settlement with the parties. 5.8 Subd. 5. [NONCONTESTED MATTERS.] Under the direction of 5.9 the county attorney and based on agreement of the parties, 5.10 nonattorney employees may prepare a stipulation, findings of 5.11 fact, conclusions of law, and proposed order. The documents 5.12 must be approved and signed by the county attorney as to form 5.13 and content before submission to the court or family law 5.14 magistrate for approval. 5.15 Subd. 6. [ADMINISTRATIVE AUTHORITY.] (a) Provided that a 5.16 factual basis exists and no actions are pending in court and no 5.17 court order has been issued involving the same parties or 5.18 issues, the public authority may, without requirement of a court 5.19 order: 5.20 (1) recognize and enforce orders of child support agencies 5.21 of other states; 5.22 (2) subpoena the appropriate person to submit to blood or 5.23 genetic testing for the purpose of establishing paternity; 5.24 (3) subpoena financial or other information needed to 5.25 establish, modify, or enforce a child support order and request 5.26 sanctions for failure to respond to a subpoena; 5.27 (4) upon notice to the obligor, obligee, and the 5.28 appropriate court, direct the obligor or other payor to change 5.29 the payee to the central collections unit under sections 5.30 518.5851 to 518.5853; 5.31 (5) order income withholding of child support under section 5.32 518.6111; 5.33 (6) secure assets to satisfy the debt or arrearage in cases 5.34 in which there is a support debt or arrearage by: 5.35 (i) intercepting or seizing periodic or lump sum payments 5.36 from state or local agencies, including reemployment insurance, 6.1 workers' compensation payments, judgments, settlements, 6.2 lotteries, and other lump-sum payments; 6.3 (ii) attaching and seizing assets of the obligor held in 6.4 financial institutions or public or private retirement funds; 6.5 and 6.6 (iii) imposing liens in accordance with section 548.091 6.7 and, in appropriate cases, forcing the sale of property and the 6.8 distribution of proceeds; 6.9 (7) for the purpose of securing overdue support, increase 6.10 the amount of the monthly support payments to include amounts 6.11 for debts or arrearages pursuant to section 518.6111; and 6.12 (8) subpoena an employer or payor of funds to provide 6.13 promptly information on the employment, compensation, and 6.14 benefits of an individual employed by that employer as an 6.15 employee or contractor, and to request sanctions for failure to 6.16 respond to the subpoena as provided by law. 6.17 (b) Subpoenas may be served anywhere within the state and 6.18 served outside the state in the same manner as prescribed by law 6.19 for service of process of subpoenas issued by the district court 6.20 of this state. When a subpoena under this subdivision is served 6.21 on a third-party recordkeeper, written notice of the subpoena 6.22 shall be mailed to the person who is the subject of the 6.23 subpoenaed material at the person's last known address within 6.24 three days of the day the subpoena is served. This notice 6.25 provision does not apply if there is reasonable cause to believe 6.26 the giving of the notice may lead to interference with the 6.27 production of the subpoenaed documents. 6.28 (c) A person served with a subpoena may make a written 6.29 objection to the public authority or court before the time 6.30 specified in the subpoena for compliance. The public authority 6.31 or the court shall cancel or modify the subpoena, if 6.32 appropriate. The public authority shall pay the reasonable 6.33 costs of producing the documents, if requested. 6.34 (d) Subpoenas are enforceable in the same manner as 6.35 subpoenas of the district court. Upon motion of the county 6.36 attorney, the court may issue an order directing the production 7.1 of the records. Failure to comply with the court order may 7.2 subject the person who fails to comply to civil or criminal 7.3 contempt of court. 7.4 (e) The expedited procedures under this subdivision are 7.5 subject to due process safeguards, including requirements for 7.6 notice, opportunity to contest the action before a child support 7.7 magistrate, judicial officer, or judge, and opportunity to 7.8 appeal the order to the court. 7.9 (f) The county attorney must approve and sign orders and 7.10 subpoenas under this subdivision. 7.11 Sec. 6. [TRANSITIONAL PROVISIONS.] 7.12 Judicial districts are encouraged to utilize the existing 7.13 expertise of child support administrative law judges in 7.14 appointing child support magistrates under section 2 in order to 7.15 facilitate the transfer of these functions to the judicial 7.16 branch. Child support magistrates are state employees in the 7.17 judicial branch. 7.18 ARTICLE 2 7.19 ADMINISTRATIVE PROCESS REPEAL 7.20 Section 1. Minnesota Statutes 1998, section 13B.06, 7.21 subdivision 1, is amended to read: 7.22 Subdivision 1. [DEFINITIONS.] The definitions in this 7.23 subdivision apply to this section. 7.24 (a) "Account" means a demand deposit account, checking or 7.25 negotiable withdraw order account, savings account, time deposit 7.26 account, or money market mutual fund. 7.27 (b) "Account information" means the type of account, the 7.28 account number, whether the account is singly or jointly owned, 7.29 and in the case of jointly owned accounts the name and address 7.30 of the nonobligor account owner if available. 7.31 (c) "Financial institution" means any of the following that 7.32 do business within the state: 7.33 (1) federal or state commercial banks and federal or state 7.34 savings banks, including savings and loan associations and 7.35 cooperative banks; 7.36 (2) federal and state chartered credit unions; 8.1 (3) benefit associations; 8.2 (4) life insurance companies; 8.3 (5) safe deposit companies; and 8.4 (6) money market mutual funds. 8.5 (d) "Obligor" means an individual who is in arrears in 8.6 court-ordered child support or maintenance payments, or both, in 8.7 an amount equal to or greater than three times the obligor's 8.8 total monthly support and maintenance payments, and is not in 8.9 compliance with a written payment agreement regarding both 8.10 current support and arrearages approved by the court,an8.11administrative law judgea child support magistrate, or the 8.12 public authority. 8.13 (e) "Public authority" means the public authority 8.14 responsible for child support enforcement. 8.15 Sec. 2. Minnesota Statutes 1998, section 168A.20, 8.16 subdivision 4, is amended to read: 8.17 Subd. 4. [SATISFACTION OF LIEN FOR CHILD SUPPORT.] If the 8.18 secured party is a public authority or a child support or 8.19 maintenance obligee with a lien under section 168A.05, 8.20 subdivision 8, upon either the satisfaction of a security 8.21 interest in a vehicle for which the certificate of title is in 8.22 the possession of the owner, or the execution by the owner of a 8.23 written payment agreement determined to be acceptable by the 8.24 court,an administrative law judgea child support magistrate, 8.25 the public authority, or the obligee, within 15 days the secured 8.26 party shall execute a release of security interest on the form 8.27 prescribed by the department and mail or deliver the 8.28 notification with release to the owner or any person who 8.29 delivers to the secured party an authorization from the owner to 8.30 receive the release. 8.31 Sec. 3. Minnesota Statutes 1998, section 171.186, 8.32 subdivision 1, is amended to read: 8.33 Subdivision 1. [SUSPENSION.] The commissioner shall 8.34 suspend a person's driver's license or operating privileges 8.35 without a hearing upon receipt of a court order or notice from a 8.36 public authority responsible for child support enforcement that 9.1 states that the driver is in arrears in court-ordered child 9.2 support or maintenance payments, or both, in an amount equal to 9.3 or greater than three times the obligor's total monthly support 9.4 and maintenance payments, and is not in compliance with a 9.5 written payment agreement regarding both current support and 9.6 arrearages approved by a court,an administrative law judgea 9.7 child support magistrate, or the public authority responsible 9.8 for child support enforcement, in accordance with section 9.9 518.551, subdivision 13. 9.10 Sec. 4. Minnesota Statutes 1998, section 171.186, 9.11 subdivision 3, is amended to read: 9.12 Subd. 3. [DURATION.] A license or operating privilege must 9.13 remain suspended and may not be reinstated, nor may a license be 9.14 subsequently issued to the person, until the commissioner 9.15 receives notice from the court,an administrative law judgea 9.16 child support magistrate, or public authority responsible for 9.17 child support enforcement that the person is in compliance with 9.18 all current orders of support or written payment agreements 9.19 regarding both current support and arrearages. A fee may not be 9.20 assessed for reinstatement of a license under this section. 9.21 Sec. 5. Minnesota Statutes 1998, section 214.101, 9.22 subdivision 1, is amended to read: 9.23 Subdivision 1. [COURT ORDER; HEARING ON SUSPENSION.] (a) 9.24 For purposes of this section, "licensing board" means a 9.25 licensing board or other state agency that issues an 9.26 occupational license. 9.27 (b) If a licensing board receives an order from a court or 9.28an administrative law judgea child support magistrate or a 9.29 notice from a public authority responsible for child support 9.30 enforcement under section 518.551, subdivision 12, dealing with 9.31 suspension of a license of a person found by the court or the 9.32 public authority to be in arrears in child support or 9.33 maintenance payments, or both, the board shall, within 30 days 9.34 of receipt of the order or public authority notice, suspend the 9.35 license as directed by the order or notice. 9.36 Sec. 6. Minnesota Statutes 1998, section 214.101, 10.1 subdivision 4, is amended to read: 10.2 Subd. 4. [VERIFICATION OF PAYMENTS.] A board may not 10.3 issue, reinstate, or renew a license of a person who has been 10.4 suspended or is the subject of an order or notice under this 10.5 section until it receives notification from the court, 10.6administrative law judgechild support magistrate, or public 10.7 authority that referred the matter to the board confirming that 10.8 the applicant is not in arrears in either child support or 10.9 maintenance payments, or confirming that the person is in 10.10 compliance with a written payment plan regarding both current 10.11 support and arrearages. 10.12 Sec. 7. Minnesota Statutes 1998, section 357.021, 10.13 subdivision 1a, is amended to read: 10.14 Subd. 1a. [TRANSMITTAL OF FEES TO STATE TREASURER.] (a) 10.15 Every person, including the state of Minnesota and all bodies 10.16 politic and corporate, who shall transact any business in the 10.17 district court, shall pay to the court administrator of said 10.18 court the sundry fees prescribed in subdivision 2. Except as 10.19 provided in paragraph (d), the court administrator shall 10.20 transmit the fees monthly to the state treasurer for deposit in 10.21 the state treasury and credit to the general fund. 10.22 (b) In a county which has a screener-collector position, 10.23 fees paid by a county pursuant to this subdivision shall be 10.24 transmitted monthly to the county treasurer, who shall apply the 10.25 fees first to reimburse the county for the amount of the salary 10.26 paid for the screener-collector position. The balance of the 10.27 fees collected shall then be forwarded to the state treasurer 10.28 for deposit in the state treasury and credited to the general 10.29 fund. In a county in the eighth judicial district which has a 10.30 screener-collector position, the fees paid by a county shall be 10.31 transmitted monthly to the state treasurer for deposit in the 10.32 state treasury and credited to the general fund. A 10.33 screener-collector position for purposes of this paragraph is an 10.34 employee whose function is to increase the collection of fines 10.35 and to review the incomes of potential clients of the public 10.36 defender, in order to verify eligibility for that service. 11.1 (c) No fee is required under this section from the public 11.2 authority or the party the public authority represents in an 11.3 action for: 11.4 (1) child support enforcement or modification, medical 11.5 assistance enforcement, or establishment of parentage in the 11.6 district court, or child or medical support enforcement11.7conducted by an administrative law judge in an administrative11.8hearing under section 518.5511, or in a proceeding under section 11.9 484.702; 11.10 (2) civil commitment under chapter 253B; 11.11 (3) the appointment of a public conservator or public 11.12 guardian or any other action under chapters 252A and 525; 11.13 (4) wrongfully obtaining public assistance under section 11.14 256.98 or 256D.07, or recovery of overpayments of public 11.15 assistance; 11.16 (5) court relief under chapter 260; 11.17 (6) forfeiture of property under sections 169.1217 and 11.18 609.531 to 609.5317; 11.19 (7) recovery of amounts issued by political subdivisions or 11.20 public institutions under sections 246.52, 252.27, 256.045, 11.21 256.25, 256.87, 256B.042, 256B.14, 256B.15, 256B.37, and 11.22 260.251, or other sections referring to other forms of public 11.23 assistance; 11.24 (8) restitution under section 611A.04; or 11.25 (9) actions seeking monetary relief in favor of the state 11.26 pursuant to section 16D.14, subdivision 5. 11.27 (d) The fees collected for child support modifications 11.28 under subdivision 2, clause (13), must be transmitted to the 11.29 county treasurer for deposit in the county general fund. The 11.30 fees must be used by the county to pay for child support 11.31 enforcement efforts by county attorneys. 11.32 Sec. 8. Minnesota Statutes 1998, section 518.171, 11.33 subdivision 4, is amended to read: 11.34 Subd. 4. [EFFECT OF ORDER.] (a) The order is binding on 11.35 the employer or union and the health and dental insurance plan 11.36 when service under subdivision 3 has been made. In the case of 12.1 an obligor who changes employment and is required to provide 12.2 health coverage for the child, a new employer that provides 12.3 health care coverage shall enroll the child in the obligor's 12.4 health plan upon receipt of an order or notice for health 12.5 insurance, unless the obligor contests the enrollment. The 12.6 obligor may contest the enrollment on the limited grounds that 12.7 the enrollment is improper due to mistake of fact or that the 12.8 enrollment meets the requirements of section 518.64, subdivision 12.9 2. If the obligor chooses to contest the enrollment, the 12.10 obligor must do so no later than 15 days after the employer 12.11 notifies the obligor of the enrollment, by doing all of the 12.12 following: 12.13 (1) filing a request for contested hearing according to 12.14 section518.5511, subdivision 3a484.702; 12.15 (2) serving a copy of the request for contested hearing 12.16 upon the public authority and the obligee; and 12.17 (3) securing a date for the contested hearing no later than 12.18 45 days after the notice of enrollment. 12.19 (b) The enrollment must remain in place during the time 12.20 period in which the obligor contests the withholding. 12.21 An employer or union that is included under ERISA may not deny 12.22 enrollment based on exclusionary clauses described in section 12.23 62A.048. Upon application of the obligor according to the order 12.24 or notice, the employer or union and its health and dental 12.25 insurance plan shall enroll the minor child as a beneficiary in 12.26 the group insurance plan and withhold any required premium from 12.27 the obligor's income or wages. If more than one plan is offered 12.28 by the employer or union, the child shall be enrolled in the 12.29 least costly health insurance plan otherwise available to the 12.30 obligor that is comparable to a number two qualified plan. If 12.31 the obligor is not enrolled in a health insurance plan, the 12.32 employer or union shall also enroll the obligor in the chosen 12.33 plan if enrollment of the obligor is necessary in order to 12.34 obtain dependent coverage under the plan. Enrollment of 12.35 dependents and the obligor shall be immediate and not dependent 12.36 upon open enrollment periods. Enrollment is not subject to the 13.1 underwriting policies described in section 62A.048. 13.2 (c) An employer or union that willfully fails to comply 13.3 with the order is liable for any health or dental expenses 13.4 incurred by the dependents during the period of time the 13.5 dependents were eligible to be enrolled in the insurance 13.6 program, and for any other premium costs incurred because the 13.7 employer or union willfully failed to comply with the order. An 13.8 employer or union that fails to comply with the order is subject 13.9 to contempt under section 518.615 and is also subject to a fine 13.10 of $500 to be paid to the obligee or public authority. Fines 13.11 paid to the public authority are designated for child support 13.12 enforcement services. 13.13 (d) Failure of the obligor to execute any documents 13.14 necessary to enroll the dependent in the group health and dental 13.15 insurance plan will not affect the obligation of the employer or 13.16 union and group health and dental insurance plan to enroll the 13.17 dependent in a plan. Information and authorization provided by 13.18 the public authority responsible for child support enforcement, 13.19 or by the custodial parent or guardian, is valid for the 13.20 purposes of meeting enrollment requirements of the health plan. 13.21 The insurance coverage for a child eligible under subdivision 5 13.22 shall not be terminated except as authorized in subdivision 5. 13.23 Sec. 9. Minnesota Statutes 1998, section 518.551, 13.24 subdivision 12, is amended to read: 13.25 Subd. 12. [OCCUPATIONAL LICENSE SUSPENSION.] (a) Upon 13.26 motion of an obligee, if the court finds that the obligor is or 13.27 may be licensed by a licensing board listed in section 214.01 or 13.28 other state, county, or municipal agency or board that issues an 13.29 occupational license and the obligor is in arrears in 13.30 court-ordered child support or maintenance payments or both in 13.31 an amount equal to or greater than three times the obligor's 13.32 total monthly support and maintenance payments and is not in 13.33 compliance with a written payment agreement regarding both 13.34 current support and arrearages approved by the court,an13.35administrative law judge,a child support magistrate, or the 13.36 public authority,the administrative law judge, orthe court 14.1 shall direct the licensing board or other licensing agency to 14.2 suspend the license under section 214.101. The court's order 14.3 must be stayed for 90 days in order to allow the obligor to 14.4 execute a written payment agreement regarding both current 14.5 support and arrearages. The payment agreement must be approved 14.6 by either the court or the public authority responsible for 14.7 child support enforcement. If the obligor has not executed or 14.8 is not in compliance with a written payment agreement regarding 14.9 both current support and arrearages after the 90 days expires, 14.10 the court's order becomes effective. If the obligor is a 14.11 licensed attorney, the court shall report the matter to the 14.12 lawyers professional responsibility board for appropriate action 14.13 in accordance with the rules of professional conduct. The 14.14 remedy under this subdivision is in addition to any other 14.15 enforcement remedy available to the court. 14.16 (b) If a public authority responsible for child support 14.17 enforcement finds that the obligor is or may be licensed by a 14.18 licensing board listed in section 214.01 or other state, county, 14.19 or municipal agency or board that issues an occupational license 14.20 and the obligor is in arrears in court-ordered child support or 14.21 maintenance payments or both in an amount equal to or greater 14.22 than three times the obligor's total monthly support and 14.23 maintenance payments and is not in compliance with a written 14.24 payment agreement regarding both current support and arrearages 14.25 approved by the court,an administrative law judge,a child 14.26 support magistrate, or the public authority, the court, an14.27administrative law judge,or the public authority shall direct 14.28 the licensing board or other licensing agency to suspend the 14.29 license under section 214.101. If the obligor is a licensed 14.30 attorney, the public authority may report the matter to the 14.31 lawyers professional responsibility board for appropriate action 14.32 in accordance with the rules of professional conduct. The 14.33 remedy under this subdivision is in addition to any other 14.34 enforcement remedy available to the public authority. 14.35 (c) At least 90 days before notifying a licensing authority 14.36 or the lawyers professional responsibility board under paragraph 15.1 (b), the public authority shall mail a written notice to the 15.2 license holder addressed to the license holder's last known 15.3 address that the public authority intends to seek license 15.4 suspension under this subdivision and that the license holder 15.5 must request a hearing within 30 days in order to contest the 15.6 suspension. If the license holder makes a written request for a 15.7 hearing within 30 days of the date of the notice,eithera court 15.8 hearingor a contested administrative proceedingor a hearing 15.9 under section 484.702 must be heldunder section 518.5511,15.10subdivision 4. Notwithstanding any law to the contrary, the 15.11 license holder must be served with 14 days' notice in writing 15.12 specifying the time and place of the hearing and the allegations 15.13 against the license holder. The notice may be served personally 15.14 or by mail. If the public authority does not receive a request 15.15 for a hearing within 30 days of the date of the notice, and the 15.16 obligor does not execute a written payment agreement regarding 15.17 both current support and arrearages approved by the public 15.18 authority within 90 days of the date of the notice, the public 15.19 authority shall direct the licensing board or other licensing 15.20 agency to suspend the obligor's license under paragraph (b), or 15.21 shall report the matter to the lawyers professional 15.22 responsibility board. 15.23 (d)The administrative law judge, on behalf ofThe public 15.24 authority,or the court shall notify the lawyers professional 15.25 responsibility board for appropriate action in accordance with 15.26 the rules of professional responsibility conduct or order the 15.27 licensing board or licensing agency to suspend the license if 15.28 the judge finds that: 15.29 (1) the person is licensed by a licensing board or other 15.30 state agency that issues an occupational license; 15.31 (2) the person has not made full payment of arrearages 15.32 found to be due by the public authority; and 15.33 (3) the person has not executed or is not in compliance 15.34 with a payment plan approved by the court,an administrative law15.35judge,a child support magistrate, or the public authority. 15.36 (e) Within 15 days of the date on which the obligor either 16.1 makes full payment of arrearages found to be due by the court or 16.2 public authority or executes and initiates good faith compliance 16.3 with a written payment plan approved by the court,an16.4administrative law judge,a child support magistrate, or the 16.5 public authority, the court,an administrative law judge,a 16.6 child support magistrate, or the public authority responsible 16.7 for child support enforcement shall notify the licensing board 16.8 or licensing agency or the lawyers professional responsibility 16.9 board that the obligor is no longer ineligible for license 16.10 issuance, reinstatement, or renewal under this subdivision. 16.11 (f) In addition to the criteria established under this 16.12 section for the suspension of an obligor's occupational license, 16.13 a court,an administrative law judge,a child support 16.14 magistrate, or the public authority may direct the licensing 16.15 board or other licensing agency to suspend the license of a 16.16 party who has failed, after receiving notice, to comply with a 16.17 subpoena relating to a paternity or child support proceeding. 16.18 Notice to an obligor of intent to suspend must be served by 16.19 first class mail at the obligor's last known address. The 16.20 notice must inform the obligor of the right to request a 16.21 hearing. If the obligor makes a written request within ten days 16.22 of the date of the hearing, acontested administrative16.23proceedinghearing must be heldunder section 518.5511,16.24subdivision 4. At the hearing, the only issues to be considered 16.25 are mistake of fact and whether the obligor received the 16.26 subpoena. 16.27 (g) The license of an obligor who fails to remain in 16.28 compliance with an approved payment agreement may be suspended. 16.29 Notice to the obligor of an intent to suspend under this 16.30 paragraph must be served by first class mail at the obligor's 16.31 last known address and must include a notice of hearing. The 16.32 notice must be served upon the obligor not less than ten days 16.33 before the date of the hearing. If the obligor appears at the 16.34 hearing and the judge determines that the obligor has failed to 16.35 comply with an approved payment agreement, the judge shall 16.36 notify the occupational licensing board or agency to suspend the 17.1 obligor's license under paragraph (c). If the obligor fails to 17.2 appear at the hearing, the public authority may notify the 17.3 occupational or licensing board to suspend the obligor's license 17.4 under paragraph (c). 17.5 Sec. 10. Minnesota Statutes 1998, section 518.551, 17.6 subdivision 13, is amended to read: 17.7 Subd. 13. [DRIVER'S LICENSE SUSPENSION.] (a) Upon motion 17.8 of an obligee, which has been properly served on the obligor and 17.9 upon which there has been an opportunity for hearing, if a court 17.10 finds that the obligor has been or may be issued a driver's 17.11 license by the commissioner of public safety and the obligor is 17.12 in arrears in court-ordered child support or maintenance 17.13 payments, or both, in an amount equal to or greater than three 17.14 times the obligor's total monthly support and maintenance 17.15 payments and is not in compliance with a written payment 17.16 agreement regarding both current support and arrearages approved 17.17 by the court,an administrative law judge,a child support 17.18 magistrate, or the public authority, the court shall order the 17.19 commissioner of public safety to suspend the obligor's driver's 17.20 license. The court's order must be stayed for 90 days in order 17.21 to allow the obligor to execute a written payment agreement 17.22 regarding both current support and arrearages, which payment 17.23 agreement must be approved by either the court or the public 17.24 authority responsible for child support enforcement. If the 17.25 obligor has not executed or is not in compliance with a written 17.26 payment agreement regarding both current support and arrearages 17.27 after the 90 days expires, the court's order becomes effective 17.28 and the commissioner of public safety shall suspend the 17.29 obligor's driver's license. The remedy under this subdivision 17.30 is in addition to any other enforcement remedy available to the 17.31 court. An obligee may not bring a motion under this paragraph 17.32 within 12 months of a denial of a previous motion under this 17.33 paragraph. 17.34 (b) If a public authority responsible for child support 17.35 enforcement determines that the obligor has been or may be 17.36 issued a driver's license by the commissioner of public safety 18.1 and the obligor is in arrears in court-ordered child support or 18.2 maintenance payments or both in an amount equal to or greater 18.3 than three times the obligor's total monthly support and 18.4 maintenance payments and not in compliance with a written 18.5 payment agreement regarding both current support and arrearages 18.6 approved by the court,an administrative law judge,a child 18.7 support magistrate, or the public authority, the public 18.8 authority shall direct the commissioner of public safety to 18.9 suspend the obligor's driver's license. The remedy under this 18.10 subdivision is in addition to any other enforcement remedy 18.11 available to the public authority. 18.12 (c) At least 90 days prior to notifying the commissioner of 18.13 public safety according to paragraph (b), the public authority 18.14 must mail a written notice to the obligor at the obligor's last 18.15 known address, that it intends to seek suspension of the 18.16 obligor's driver's license and that the obligor must request a 18.17 hearing within 30 days in order to contest the suspension. If 18.18 the obligor makes a written request for a hearing within 30 days 18.19 of the date of the notice,eithera court hearingor a contested18.20administrative proceedingmust be heldunder section 518.5511,18.21subdivision 4. Notwithstanding any law to the contrary, the 18.22 obligor must be served with 14 days' notice in writing 18.23 specifying the time and place of the hearing and the allegations 18.24 against the obligor. The notice may be served personally or by 18.25 mail. If the public authority does not receive a request for a 18.26 hearing within 30 days of the date of the notice, and the 18.27 obligor does not execute a written payment agreement regarding 18.28 both current support and arrearages approved by the public 18.29 authority within 90 days of the date of the notice, the public 18.30 authority shall direct the commissioner of public safety to 18.31 suspend the obligor's driver's license under paragraph (b). 18.32 (d) At a hearing requested by the obligor under paragraph 18.33 (c), and on finding that the obligor is in arrears in 18.34 court-ordered child support or maintenance payments or both in 18.35 an amount equal to or greater than three times the obligor's 18.36 total monthly support and maintenance payments, the district 19.1 courtor the administrative law judgeor child support 19.2 magistrate shall order the commissioner of public safety to 19.3 suspend the obligor's driver's license or operating privileges 19.4 unless the court oradministrative law judgechild support 19.5 magistrate determines that the obligor has executed and is in 19.6 compliance with a written payment agreement regarding both 19.7 current support and arrearages approved by the court,an19.8administrative law judge,a child support magistrate, or the 19.9 public authority. 19.10 (e) An obligor whose driver's license or operating 19.11 privileges are suspended may provide proof to the public 19.12 authority responsible for child support enforcement that the 19.13 obligor is in compliance with all written payment agreements 19.14 regarding both current support and arrearages. Within 15 days 19.15 of the receipt of that proof, the public authority shall inform 19.16 the commissioner of public safety that the obligor's driver's 19.17 license or operating privileges should no longer be suspended. 19.18 (f) On January 15, 1997, and every two years after that, 19.19 the commissioner of human services shall submit a report to the 19.20 legislature that identifies the following information relevant 19.21 to the implementation of this section: 19.22 (1) the number of child support obligors notified of an 19.23 intent to suspend a driver's license; 19.24 (2) the amount collected in payments from the child support 19.25 obligors notified of an intent to suspend a driver's license; 19.26 (3) the number of cases paid in full and payment agreements 19.27 executed in response to notification of an intent to suspend a 19.28 driver's license; 19.29 (4) the number of cases in which there has been 19.30 notification and no payments or payment agreements; 19.31 (5) the number of driver's licenses suspended; and 19.32 (6) the cost of implementation and operation of the 19.33 requirements of this section. 19.34 (g) In addition to the criteria established under this 19.35 section for the suspension of an obligor's driver's license, a 19.36 court,an administrative law judge,a child support magistrate, 20.1 or the public authority may direct the commissioner of public 20.2 safety to suspend the license of a party who has failed, after 20.3 receiving notice, to comply with a subpoena relating to a 20.4 paternity or child support proceeding. Notice to an obligor of 20.5 intent to suspend must be served by first class mail at the 20.6 obligor's last known address. The notice must inform the 20.7 obligor of the right to request a hearing. If the obligor makes 20.8 a written request within ten days of the date of the hearing, 20.9 acontested administrative proceeding must be held under section20.10518.5511, subdivision 4hearing must be held. At the hearing, 20.11 the only issues to be considered are mistake of fact and whether 20.12 the obligor received the subpoena. 20.13 (h) The license of an obligor who fails to remain in 20.14 compliance with an approved payment agreement may be suspended. 20.15 Notice to the obligor of an intent to suspend under this 20.16 paragraph must be served by first class mail at the obligor's 20.17 last known address and must include a notice of hearing. The 20.18 notice must be served upon the obligor not less than ten days 20.19 before the date of the hearing. If the obligor appears at the 20.20 hearing and the judge determines that the obligor has failed to 20.21 comply with an approved payment agreement, the judge shall 20.22 notify the department of public safety to suspend the obligor's 20.23 license under paragraph (c). If the obligor fails to appear at 20.24 the hearing, the public authority may notify the department of 20.25 public safety to suspend the obligor's license under paragraph 20.26 (c). 20.27 Sec. 11. Minnesota Statutes 1998, section 518.551, 20.28 subdivision 14, is amended to read: 20.29 Subd. 14. [MOTOR VEHICLE LIEN.] (a) Upon motion of an 20.30 obligee, if a court finds that the obligor is a debtor for a 20.31 judgment debt resulting from nonpayment of court-ordered child 20.32 support or maintenance payments, or both, in an amount equal to 20.33 or greater than three times the obligor's total monthly support 20.34 and maintenance payments, the court shall order the commissioner 20.35 of public safety to enter a lien in the name of the obligee or 20.36 in the name of the state of Minnesota, as appropriate, in 21.1 accordance with section 168A.05, subdivision 8, unless the court 21.2 finds that the obligor is in compliance with a written payment 21.3 agreement regarding both current support and arrearages approved 21.4 by the court,an administrative law judge,a child support 21.5 magistrate, or the public authority. The court's order must be 21.6 stayed for 90 days in order to allow the obligor to execute a 21.7 written payment agreement regarding both current support and 21.8 arrearages, which agreement shall be approved by either the 21.9 court or the public authority responsible for child support 21.10 enforcement. If the obligor has not executed or is not in 21.11 compliance with a written payment agreement regarding both 21.12 current support and arrearages approved by the court,an21.13administrative law judge,a child support magistrate, or the 21.14 public authority within the 90-day period, the court's order 21.15 becomes effective and the commissioner of public safety shall 21.16 record the lien on any motor vehicle certificate of title 21.17 subsequently issued in the name of the obligor. The remedy 21.18 under this subdivision is in addition to any other enforcement 21.19 remedy available to the court. 21.20 (b) If a public authority responsible for child support 21.21 enforcement determines that the obligor is a debtor for judgment 21.22 debt resulting from nonpayment of court-ordered child support or 21.23 maintenance payments, or both, in an amount equal to or greater 21.24 than three times the obligor's total monthly support and 21.25 maintenance payments, the public authority shall direct the 21.26 commissioner of public safety to enter a lien in the name of the 21.27 obligee or in the name of the state of Minnesota, as 21.28 appropriate, under section 168A.05, subdivision 8, on any motor 21.29 vehicle certificate of title subsequently issued in the name of 21.30 the obligor unless the public authority determines that the 21.31 obligor is in compliance with a written payment agreement 21.32 regarding both current support and arrearages approved by the 21.33 court,an administrative law judge,a child support magistrate, 21.34 or the public authority. The remedy under this subdivision is 21.35 in addition to any other enforcement remedy available to the 21.36 public agency. 22.1 (c) At least 90 days prior to notifying the commissioner of 22.2 public safety pursuant to paragraph (b), the public authority 22.3 must mail a written notice to the obligor at the obligor's last 22.4 known address, that it intends to record a lien on any motor 22.5 vehicle certificate of title subsequently issued in the name of 22.6 the obligor and that the obligor must request a hearing within 22.7 30 days in order to contest the action. If the obligor makes a 22.8 written request for a hearing within 30 days of the date of the 22.9 notice,eithera court hearingor a contested administrative22.10proceedingmust be heldunder section 518.5511, subdivision 4. 22.11 Notwithstanding any law to the contrary, the obligor must be 22.12 served with 14 days' notice in writing specifying the time and 22.13 place of the hearing and the allegations against the obligor. 22.14 The notice may be served personally or by mail. If the public 22.15 authority does not receive a request for a hearing within 30 22.16 days of the date of the notice and the obligor does not execute 22.17 or is not in compliance with a written payment agreement 22.18 regarding both current support and arrearages approved by the 22.19 public authority within 90 days of the date of the notice, the 22.20 public authority shall direct the commissioner of public safety 22.21 to record the lien under paragraph (b). 22.22 (d) At a hearing requested by the obligor under paragraph 22.23 (c), and on finding that the obligor is in arrears in 22.24 court-ordered child support or maintenance payments or both in 22.25 an amount equal to or greater than three times the obligor's 22.26 total monthly support and maintenance payments, the district 22.27 court orthe administrative law judgechild support magistrate 22.28 shall order the commissioner of public safety to record the lien 22.29 unless the court oradministrative law judgechild support 22.30 magistrate determines that the obligor has executed and is in 22.31 compliance with a written payment agreement regarding both 22.32 current support and arrearages determined to be acceptable by 22.33 the court,an administrative law judge,a child support 22.34 magistrate, or the public authority. 22.35 (e) An obligor may provide proof to the court or the public 22.36 authority responsible for child support enforcement that the 23.1 obligor is in compliance with all written payment agreements 23.2 regarding both current support and arrearages or that the value 23.3 of the motor vehicle is less than the exemption provided under 23.4 section 550.37. Within 15 days of the receipt of that proof, 23.5 the court or public authority shall either execute a release of 23.6 security interest under section 168A.20, subdivision 4, and mail 23.7 or deliver the release to the owner or other authorized person 23.8 or shall direct the commissioner of public safety not to enter a 23.9 lien on any motor vehicle certificate of title subsequently 23.10 issued in the name of the obligor in instances where a lien has 23.11 not yet been entered. 23.12 (f) Any lien recorded against a motor vehicle certificate 23.13 of title under this section and section 168A.05, subdivision 8, 23.14 attaches only to the nonexempt value of the motor vehicle as 23.15 determined in accordance with section 550.37. The value of a 23.16 motor vehicle must be determined in accordance with the retail 23.17 value described in the N.A.D.A. Official Used Car Guide, Midwest 23.18 Edition, for the current year, or in accordance with the 23.19 purchase price as defined in section 297B.01, subdivision 8. 23.20 Sec. 12. Minnesota Statutes 1998, section 518.553, is 23.21 amended to read: 23.22 518.553 [PAYMENT AGREEMENTS.] 23.23 In proposing or approving proposed written payment 23.24 agreements for purposes of section 518.551, the court,an23.25administrative law judgea child support magistrate, or the 23.26 public authority shall take into consideration the amount of the 23.27 arrearages, the amount of the current support order, any pending 23.28 request for modification, and the earnings of the obligor. The 23.29 court,administrative law judgechild support magistrate, or 23.30 public authority shall consider the individual financial 23.31 circumstances of each obligor in evaluating the obligor's 23.32 ability to pay any proposed payment agreement and shall propose 23.33 a reasonable payment agreement tailored to the individual 23.34 financial circumstances of each obligor. 23.35 Sec. 13. Minnesota Statutes 1998, section 518.575, 23.36 subdivision 1, is amended to read: 24.1 Subdivision 1. [MAKING NAMES PUBLIC.] At least once each 24.2 year, the commissioner of human services, in consultation with 24.3 the attorney general, shall publish a list of the names and 24.4 other identifying information of no more than 25 persons who (1) 24.5 are child support obligors, (2) are at least $10,000 in arrears, 24.6 (3) are not in compliance with a written payment agreement 24.7 regarding both current support and arrearages approved by the 24.8 court,an administrative law judge,a child support magistrate, 24.9 or the public authority, (4) cannot currently be located by the 24.10 public authority for the purposes of enforcing a support order, 24.11 and (5) have not made a support payment except tax intercept 24.12 payments, in the preceding 12 months. 24.13 Identifying information may include the obligor's name, 24.14 last known address, amount owed, date of birth, photograph, the 24.15 number of children for whom support is owed, and any additional 24.16 information about the obligor that would assist in identifying 24.17 or locating the obligor. The commissioner and attorney general 24.18 may use posters, media presentations, electronic technology, and 24.19 other means that the commissioner and attorney general determine 24.20 are appropriate for dissemination of the information, including 24.21 publication on the Internet. The commissioner and attorney 24.22 general may make any or all of the identifying information 24.23 regarding these persons public. Information regarding an 24.24 obligor who meets the criteria in this subdivision will only be 24.25 made public subsequent to that person's selection by the 24.26 commissioner and attorney general. 24.27 Before making public the name of the obligor, the 24.28 department of human services shall send a notice to the 24.29 obligor's last known address which states the department's 24.30 intention to make public information on the obligor. The notice 24.31 must also provide an opportunity to have the obligor's name 24.32 removed from the list by paying the arrearage or by entering 24.33 into an agreement to pay the arrearage, or by providing 24.34 information to the public authority that there is good cause not 24.35 to make the information public. The notice must include the 24.36 final date when the payment or agreement can be accepted. 25.1 The department of human services shall obtain the written 25.2 consent of the obligee to make the name of the obligor public. 25.3 Sec. 14. Minnesota Statutes 1998, section 518.5853, 25.4 subdivision 6, is amended to read: 25.5 Subd. 6. [TRANSMITTAL OF ORDER TO THE LOCAL AGENCY BY THE 25.6 TRIBUNAL.] The tribunal shall transmit a copy of the order 25.7 establishing or modifying the payment, and a copy of the 25.8 automatic income withholding order, to the local child support 25.9 agency within two working days of the approval of the order by 25.10 the judge oradministrative law judgechild support magistrate 25.11 or other person or entity authorized to sign the automatic 25.12 withholding order. 25.13 Sec. 15. Minnesota Statutes 1998, section 518.6111, 25.14 subdivision 2, is amended to read: 25.15 Subd. 2. [APPLICATION.] This section applies to all 25.16 support orders issued by a court or an administrative tribunal 25.17 and orders for or notices of withholding issued by the public 25.18 authority according to section518.5512, subdivision 5,25.19paragraph (a), clause (4)518.5513, subdivision 6, paragraph 25.20 (a), clause (5). 25.21 Sec. 16. Minnesota Statutes 1998, section 518.6111, 25.22 subdivision 7, is amended to read: 25.23 Subd. 7. [SUBSEQUENT INCOME WITHHOLDING.] (a) This 25.24 subdivision applies to support orders that do not contain 25.25 provisions for income withholding. 25.26 (b) For cases in which the public authority is providing 25.27 child support enforcement services to the parties, the income 25.28 withholding under this subdivision shall take effect without 25.29 prior judicial notice to the obligor and without the need for 25.30 judicial or administrative hearing. Withholding shall result 25.31 when: 25.32 (1) the obligor requests it in writing to the public 25.33 authority; 25.34 (2) the obligee or obligor serves on the public authority a 25.35 copy of the notice of income withholding, a copy of the court's 25.36 order, an application, and the fee to use the public authority's 26.1 collection services; or 26.2 (3) the public authority commences withholding according to 26.3 section518.5512, subdivision 5, paragraph (a), clause26.4(4)518.5513, subdivision 6, paragraph (a), clause (5). 26.5 (c) For cases in which the public authority is not 26.6 providing child support services to the parties, income 26.7 withholding under this subdivision shall take effect when an 26.8 obligee requests it by making a written motion to the court and 26.9 the court finds that previous support has not been paid on a 26.10 timely consistent basis or that the obligor has threatened 26.11 expressly or otherwise to stop or reduce payments. 26.12 (d) Within two days after the public authority commences 26.13 withholding under this subdivision, the public authority shall 26.14 send to the obligor at the obligor's last known address, notice 26.15 that withholding has commenced. The notice shall include the 26.16 information provided to the payor of funds in the notice of 26.17 withholding. 26.18 Sec. 17. Minnesota Statutes 1998, section 518.6111, 26.19 subdivision 8, is amended to read: 26.20 Subd. 8. [CONTEST.] (a) The obligor may contest 26.21 withholding under subdivision 7 on the limited grounds that the 26.22 withholding or the amount withheld is improper due to mistake of 26.23 fact. If the obligor chooses to contest the withholding, the 26.24 obligor must do so no later than 15 days after the employer 26.25 commences withholding, by doing all of the following: 26.26 (1) file a request forcontested hearing according to26.27section 518.5511, subdivision 3aan expedited child support 26.28 hearing under section 484.702, and include in the request the 26.29 alleged mistake of fact; 26.30 (2) serve a copy of the request for contested hearing upon 26.31 the public authority and the obligee; and 26.32 (3) secure a date for the contested hearing no later than 26.33 45 days after receiving notice that withholding has commenced. 26.34 (b) The income withholding must remain in place while the 26.35 obligor contests the withholding. 26.36 (c) If the court finds a mistake in the amount of the 27.1 arrearage to be withheld, the court shall continue the income 27.2 withholding, but it shall correct the amount of the arrearage to 27.3 be withheld. 27.4 Sec. 18. Minnesota Statutes 1998, section 518.6111, 27.5 subdivision 14, is amended to read: 27.6 Subd. 14. [TERMINATION BY THE PUBLIC AUTHORITY.] If the 27.7 public authority determines that income withholding is no longer 27.8 applicable, the public authority shall notify the obligee and 27.9 the obligor of intent to terminate income withholding. 27.10 Five days following notification to the obligee and 27.11 obligor, the public authority shall issue a notice to the payor 27.12 of funds terminating income withholding, without a requirement 27.13 for a court order unless the obligee has requesteda contested27.14hearing under section 518.5511, subdivision 3aan expedited 27.15 child support hearing under section 484.702. 27.16 Sec. 19. Minnesota Statutes 1998, section 518.616, 27.17 subdivision 1, is amended to read: 27.18 Subdivision 1. [COURT ORDER.] For any support order being 27.19 enforced by the public authority, the public authority may seek 27.20 a court order requiring the obligor to seek employment if: 27.21 (1) employment of the obligor cannot be verified; 27.22 (2) the obligor is in arrears in court-ordered child 27.23 support or maintenance payments or both in an amount equal to or 27.24 greater than three times the obligor's total monthly support and 27.25 maintenance payments; and 27.26 (3) the obligor is not in compliance with a written payment 27.27 plan. 27.28 Upon proper notice being given to the obligor, the court 27.29 may enter a seek employment order if it finds that the obligor 27.30 has not provided proof of gainful employment and has not 27.31 consented to an order for income withholding under section 27.32 518.6111 or entered into a written payment plan approved by the 27.33 court,an administrative law judge,a child support magistrate, 27.34 or the public authority. 27.35 Sec. 20. Minnesota Statutes 1998, section 518.617, 27.36 subdivision 1, is amended to read: 28.1 Subdivision 1. [GROUNDS.] If a person against whom an 28.2 order or decree for support has been entered under this chapter, 28.3 chapter 256, or a comparable law from another jurisdiction, is 28.4 in arrears in court-ordered child support or maintenance 28.5 payments in an amount equal to or greater than three times the 28.6 obligor's total monthly support and maintenance payments and is 28.7 not in compliance with a written payment plan approved by the 28.8 court,an administrative law judgea child support magistrate, 28.9 or the public authority, the person may be cited and punished by 28.10 the court for contempt under section 518.64, chapter 588, or 28.11 this section. Failure to comply with a seek employment order 28.12 entered under section 518.616 is evidence of willful failure to 28.13 pay support. 28.14 Sec. 21. Minnesota Statutes 1998, section 518.641, 28.15 subdivision 2, is amended to read: 28.16 Subd. 2. [CONDITIONS.] No adjustment under this section 28.17 may be made unless the order provides for it and until the 28.18 following conditions are met: 28.19 (a) the obligee serves notice of the application for 28.20 adjustment by mail on the obligor at the obligor's last known 28.21 address at least 20 days before the effective date of the 28.22 adjustment; 28.23 (b) the notice to the obligor informs the obligor of the 28.24 date on which the adjustment in payments will become effective; 28.25 (c) after receipt of notice and before the effective day of 28.26 the adjustment, the obligor fails to request a hearing on the 28.27 issue of whether the adjustment should take effect, and ex 28.28 parte, to stay imposition of the adjustment pending outcome of 28.29 the hearing; or 28.30 (d) the public authority sends notice of its application 28.31 for adjustment to the obligor at the obligor's last known 28.32 address at least 20 days before the effective date of the 28.33 adjustment, and the notice informs the obligor of the date on 28.34 which the adjustment will become effective and the procedures 28.35 for contesting the adjustment according to section518.551228.36 484.702. 29.1 Sec. 22. Minnesota Statutes 1998, section 552.05, 29.2 subdivision 4, is amended to read: 29.3 Subd. 4. [PROCESS TO REQUEST HEARING.] If the judgment 29.4 debtor elects to request a hearing on any issue specified in 29.5 subdivision 6, the judgment debtor shall complete the applicable 29.6 portion of the exemption and right to hearing notice, sign it 29.7 under penalty of perjury, and deliver one copy to the public 29.8 authority within 14 days of the date postmarked on the 29.9 correspondence mailed to the judgment debtor containing the 29.10 exemption and right to hearing notice. Upon timely receipt of a 29.11 request for hearing, funds not claimed to be exempt by the 29.12 judgment debtor remain subject to the execution levy. Within 29.13 seven days after the date postmarked on the envelope containing 29.14 the executed request for hearing mailed to the public authority, 29.15 or the date of personal delivery of the executed request for 29.16 hearing to the public authority, the public authority shall 29.17 either notify the financial institution to release the exempt 29.18 portion of the funds to the judgment debtor or schedulea29.19contested administrative proceeding under section 518.5511an 29.20 expedited child support hearing under section 484.702 and notify 29.21 the judgment debtor of the time and place of the scheduled 29.22 hearing. 29.23 Sec. 23. Minnesota Statutes 1998, section 552.05, 29.24 subdivision 5, is amended to read: 29.25 Subd. 5. [DUTIES OF PUBLIC AUTHORITY IF HEARING IS 29.26 REQUESTED.] Within seven days of the receipt of a request for 29.27 hearing or a claim of exemption to which the public authority 29.28 does not consent, the public authority shall schedulea29.29contested administrative proceeding under section 518.5511an 29.30 expedited child support hearing under section 484.702. The 29.31 hearing must be scheduled to occur within five business days. 29.32 The public authority shall send written notice of the hearing 29.33 date, time, and place to the judgment debtor by first class 29.34 mail. The hearing may be conducted by telephone, audiovisual 29.35 means or other electronic means, at the discretion of the 29.36 administrative law judge. If the hearing is to be conducted by 30.1 telephone, audiovisual means, or other electronic means, the 30.2 public authority shall provide reasonable assistance to the 30.3 judgment debtor to facilitate the submission of all necessary 30.4 documentary evidence to the administrative law judge, including 30.5 access to the public authority's facsimile transmission machine. 30.6 Sec. 24. [REPEALER.] 30.7 Minnesota Statutes 1998, sections 518.5511; and 518.5512, 30.8 are repealed. 30.9 Sec. 25. [EFFECTIVE DATE; APPLICATION.] 30.10 This article is effective July 1, 1999.