SF 3114

3rd Engrossment - 82nd Legislature (2001 - 2002) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act
  1.2             relating to child support; permitting the issuance of 
  1.3             a limited license under certain circumstances to a 
  1.4             person whose driver's license is suspended for 
  1.5             nonpayment of support; clarifying requirements 
  1.6             relating to payment agreements; appropriating money; 
  1.7             amending Minnesota Statutes 2000, sections 171.186, 
  1.8             subdivisions 1, 3, by adding a subdivision; 171.20, 
  1.9             subdivision 4; 171.30, subdivision 1; 518.551, 
  1.10            subdivisions 12, 13, 14, 15; 518.553. 
  1.11  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.12     Section 1.  Minnesota Statutes 2000, section 171.186, 
  1.13  subdivision 1, is amended to read: 
  1.14     Subdivision 1.  [SUSPENSION.] The commissioner shall 
  1.15  suspend a person's driver's license or operating privileges 
  1.16  without a hearing upon receipt of a court order or notice from a 
  1.17  public authority responsible for child support enforcement that 
  1.18  states that the driver is in arrears in court-ordered child 
  1.19  support or maintenance payments, or both, in an amount equal to 
  1.20  or greater than three times the obligor's total monthly support 
  1.21  and maintenance payments, and is not in compliance with a 
  1.22  written payment agreement regarding both current support and 
  1.23  arrearages pursuant to section 518.553 that is approved by a 
  1.24  court, a child support magistrate, or the public authority 
  1.25  responsible for child support enforcement, in accordance with 
  1.26  section 518.551, subdivision 13. 
  1.27     Sec. 2.  Minnesota Statutes 2000, section 171.186, 
  1.28  subdivision 3, is amended to read: 
  2.1      Subd. 3.  [DURATION.] A license or operating privilege must 
  2.2   remain suspended and may not be reinstated, nor may a license be 
  2.3   subsequently issued to the person, until the commissioner 
  2.4   receives notice from the court, a child support magistrate, or 
  2.5   public authority responsible for child support enforcement that 
  2.6   the person is in compliance with all current orders of support 
  2.7   or written payment agreements regarding both current support and 
  2.8   arrearages pursuant to section 518.553.  A fee may not be 
  2.9   assessed for reinstatement of a license under this 
  2.10  section unless the person whose license was suspended under this 
  2.11  section has obtained a limited license during the period of 
  2.12  suspension.  
  2.13     Sec. 3.  Minnesota Statutes 2000, section 171.186, is 
  2.14  amended by adding a subdivision to read: 
  2.15     Subd. 4.  [LIMITED LICENSE.] (a) Notwithstanding 
  2.16  subdivision 3, the commissioner may issue a limited license to a 
  2.17  person whose license has been suspended under this section if 
  2.18  the person qualifies for a limited license under section 171.30. 
  2.19     (b) A limited license issued to a person under this 
  2.20  subdivision must expire 90 days after the date it is issued. 
  2.21     Sec. 4.  Minnesota Statutes 2000, section 171.20, 
  2.22  subdivision 4, is amended to read: 
  2.23     Subd. 4.  [REINSTATEMENT FEE.] Before the license is 
  2.24  reinstated, (1) a person whose driver's license has been 
  2.25  suspended under section 171.16, subdivision 2; 171.18, except 
  2.26  subdivision 1, clause (10); or 171.182, or who has been 
  2.27  disqualified from holding a commercial driver's license under 
  2.28  section 171.165, and (2) a person whose driver's license has 
  2.29  been suspended under section 171.186 and who is not exempt from 
  2.30  such a fee must pay a fee of $20.  When fees are collected by a 
  2.31  licensing agent appointed under section 171.061, a handling 
  2.32  charge is imposed in the amount specified under section 171.061, 
  2.33  subdivision 4.  The reinstatement fee and surcharge must be 
  2.34  deposited in an approved state depository as directed under 
  2.35  section 171.061, subdivision 4.  A suspension may be rescinded 
  2.36  without fee for good cause. 
  3.1      Sec. 5.  Minnesota Statutes 2000, section 171.30, 
  3.2   subdivision 1, is amended to read: 
  3.3      Subdivision 1.  [CONDITIONS OF ISSUANCE.] (a) In any case 
  3.4   where a person's license has been suspended under section 171.18 
  3.5   or, 171.173, or 171.186, or revoked under section 169.792, 
  3.6   169.797, 169A.52, 169A.54, 171.17, or 171.172, the commissioner 
  3.7   may issue a limited license to the driver including under the 
  3.8   following conditions:  
  3.9      (1) if the driver's livelihood or attendance at a chemical 
  3.10  dependency treatment or counseling program depends upon the use 
  3.11  of the driver's license; 
  3.12     (2) if the use of a driver's license by a homemaker is 
  3.13  necessary to prevent the substantial disruption of the 
  3.14  education, medical, or nutritional needs of the family of the 
  3.15  homemaker; or 
  3.16     (3) if attendance at a post-secondary institution of 
  3.17  education by an enrolled student of that institution depends 
  3.18  upon the use of the driver's license.  
  3.19     (b) The commissioner in issuing a limited license may 
  3.20  impose such conditions and limitations as in the commissioner's 
  3.21  judgment are necessary to the interests of the public safety and 
  3.22  welfare including reexamination as to the driver's 
  3.23  qualifications.  The license may be limited to the operation of 
  3.24  particular vehicles, to particular classes and times of 
  3.25  operation and to particular conditions of traffic.  The 
  3.26  commissioner may require that an applicant for a limited license 
  3.27  affirmatively demonstrate that use of public transportation or 
  3.28  carpooling as an alternative to a limited license would be a 
  3.29  significant hardship.  
  3.30     (c) For purposes of this subdivision, "homemaker" refers to 
  3.31  the person primarily performing the domestic tasks in a 
  3.32  household of residents consisting of at least the person and the 
  3.33  person's dependent child or other dependents. 
  3.34     (d) The limited license issued by the commissioner shall 
  3.35  clearly indicate the limitations imposed and the driver 
  3.36  operating under the limited license shall have the license in 
  4.1   possession at all times when operating as a driver. 
  4.2      (e) In determining whether to issue a limited license, the 
  4.3   commissioner shall consider the number and the seriousness of 
  4.4   prior convictions and the entire driving record of the driver 
  4.5   and shall consider the number of miles driven by the driver 
  4.6   annually. 
  4.7      (f) If the person's driver's license or permit to drive has 
  4.8   been revoked under section 169.792 or 169.797, the commissioner 
  4.9   may only issue a limited license to the person after the person 
  4.10  has presented an insurance identification card, policy, or 
  4.11  written statement indicating that the driver or owner has 
  4.12  insurance coverage satisfactory to the commissioner of public 
  4.13  safety.  The commissioner of public safety may require the 
  4.14  insurance identification card provided to satisfy this 
  4.15  subdivision be certified by the insurance company to be 
  4.16  noncancelable for a period not to exceed 12 months. 
  4.17     (g) The limited license issued by the commissioner to a 
  4.18  person under section 171.186, subdivision 4, must expire 90 days 
  4.19  after the date it is issued.  The commissioner must not issue a 
  4.20  limited license to a person who previously has been issued a 
  4.21  limited license under section 171.186, subdivision 4. 
  4.22     Sec. 6.  Minnesota Statutes 2000, section 518.551, 
  4.23  subdivision 12, is amended to read: 
  4.24     Subd. 12.  [OCCUPATIONAL LICENSE SUSPENSION.] (a) Upon 
  4.25  motion of an obligee, if the court finds that the obligor is or 
  4.26  may be licensed by a licensing board listed in section 214.01 or 
  4.27  other state, county, or municipal agency or board that issues an 
  4.28  occupational license and the obligor is in arrears in 
  4.29  court-ordered child support or maintenance payments or both in 
  4.30  an amount equal to or greater than three times the obligor's 
  4.31  total monthly support and maintenance payments and is not in 
  4.32  compliance with a written payment agreement regarding both 
  4.33  current support and arrearages pursuant to section 518.553 that 
  4.34  is approved by the court, a child support magistrate, or the 
  4.35  public authority, the court shall direct the licensing board or 
  4.36  other licensing agency to suspend the license under section 
  5.1   214.101.  The court's order must be stayed for 90 days in order 
  5.2   to allow the obligor to execute a written payment 
  5.3   agreement regarding both current support and arrearages pursuant 
  5.4   to section 518.553.  The payment agreement must be approved by 
  5.5   either the court or the public authority responsible for child 
  5.6   support enforcement.  If the obligor has not executed or is not 
  5.7   in compliance with a written payment agreement regarding both 
  5.8   current support and arrearages pursuant to section 518.553 after 
  5.9   the 90 days expires, the court's order becomes effective.  If 
  5.10  the obligor is a licensed attorney, the court shall report the 
  5.11  matter to the lawyers professional responsibility board for 
  5.12  appropriate action in accordance with the rules of professional 
  5.13  conduct.  The remedy under this subdivision is in addition to 
  5.14  any other enforcement remedy available to the court. 
  5.15     (b) If a public authority responsible for child support 
  5.16  enforcement finds that the obligor is or may be licensed by a 
  5.17  licensing board listed in section 214.01 or other state, county, 
  5.18  or municipal agency or board that issues an occupational license 
  5.19  and the obligor is in arrears in court-ordered child support or 
  5.20  maintenance payments or both in an amount equal to or greater 
  5.21  than three times the obligor's total monthly support and 
  5.22  maintenance payments and is not in compliance with a written 
  5.23  payment agreement regarding both current support and arrearages 
  5.24  pursuant to section 518.553 that is approved by the court, a 
  5.25  child support magistrate, or the public authority, the court or 
  5.26  the public authority shall direct the licensing board or other 
  5.27  licensing agency to suspend the license under section 214.101.  
  5.28  If the obligor is a licensed attorney, the public authority may 
  5.29  report the matter to the lawyers professional responsibility 
  5.30  board for appropriate action in accordance with the rules of 
  5.31  professional conduct.  The remedy under this subdivision is in 
  5.32  addition to any other enforcement remedy available to the public 
  5.33  authority. 
  5.34     (c) At least 90 days before notifying a licensing authority 
  5.35  or the lawyers professional responsibility board under paragraph 
  5.36  (b), the public authority shall mail a written notice to the 
  6.1   license holder addressed to the license holder's last known 
  6.2   address that the public authority intends to seek license 
  6.3   suspension under this subdivision and that the license holder 
  6.4   must request a hearing within 30 days in order to contest the 
  6.5   suspension.  If the license holder makes a written request for a 
  6.6   hearing within 30 days of the date of the notice, a court 
  6.7   hearing or a hearing under section 484.702 must be held.  
  6.8   Notwithstanding any law to the contrary, the license holder must 
  6.9   be served with 14 days' notice in writing specifying the time 
  6.10  and place of the hearing and the allegations against the license 
  6.11  holder.  The notice may be served personally or by mail.  If the 
  6.12  public authority does not receive a request for a hearing within 
  6.13  30 days of the date of the notice, and the obligor does not 
  6.14  execute a written payment agreement regarding both current 
  6.15  support and arrearages pursuant to section 518.553 that is 
  6.16  approved by the public authority within 90 days of the date of 
  6.17  the notice, the public authority shall direct the licensing 
  6.18  board or other licensing agency to suspend the obligor's license 
  6.19  under paragraph (b), or shall report the matter to the lawyers 
  6.20  professional responsibility board. 
  6.21     (d) The public authority or the court shall notify the 
  6.22  lawyers professional responsibility board for appropriate action 
  6.23  in accordance with the rules of professional responsibility 
  6.24  conduct or order the licensing board or licensing agency to 
  6.25  suspend the license if the judge finds that: 
  6.26     (1) the person is licensed by a licensing board or other 
  6.27  state agency that issues an occupational license; 
  6.28     (2) the person has not made full payment of arrearages 
  6.29  found to be due by the public authority; and 
  6.30     (3) the person has not executed or is not in compliance 
  6.31  with a payment plan approved by the court, a child support 
  6.32  magistrate, or the public authority. 
  6.33     (e) Within 15 days of the date on which the obligor either 
  6.34  makes full payment of arrearages found to be due by the court or 
  6.35  public authority or executes and initiates good faith compliance 
  6.36  with a written payment plan approved by the court, a child 
  7.1   support magistrate, or the public authority, the court, a child 
  7.2   support magistrate, or the public authority responsible for 
  7.3   child support enforcement shall notify the licensing board or 
  7.4   licensing agency or the lawyers professional responsibility 
  7.5   board that the obligor is no longer ineligible for license 
  7.6   issuance, reinstatement, or renewal under this subdivision. 
  7.7      (f) In addition to the criteria established under this 
  7.8   section for the suspension of an obligor's occupational license, 
  7.9   a court, a child support magistrate, or the public authority may 
  7.10  direct the licensing board or other licensing agency to suspend 
  7.11  the license of a party who has failed, after receiving notice, 
  7.12  to comply with a subpoena relating to a paternity or child 
  7.13  support proceeding.  Notice to an obligor of intent to suspend 
  7.14  must be served by first class mail at the obligor's last known 
  7.15  address.  The notice must inform the obligor of the right to 
  7.16  request a hearing.  If the obligor makes a written request 
  7.17  within ten days of the date of the hearing, a hearing must be 
  7.18  held.  At the hearing, the only issues to be considered are 
  7.19  mistake of fact and whether the obligor received the subpoena. 
  7.20     (g) The license of an obligor who fails to remain in 
  7.21  compliance with an approved payment agreement may be suspended.  
  7.22  Notice to the obligor of an intent to suspend under this 
  7.23  paragraph must be served by first class mail at the obligor's 
  7.24  last known address and must include a notice of hearing.  The 
  7.25  notice must be served upon the obligor not less than ten days 
  7.26  before the date of the hearing.  If the obligor appears at the 
  7.27  hearing and the judge determines that the obligor has failed to 
  7.28  comply with an approved payment agreement, the judge shall 
  7.29  notify the occupational licensing board or agency to suspend the 
  7.30  obligor's license under paragraph (c).  If the obligor fails to 
  7.31  appear at the hearing, the public authority may notify the 
  7.32  occupational or licensing board to suspend the obligor's license 
  7.33  under paragraph (c). 
  7.34     Sec. 7.  Minnesota Statutes 2000, section 518.551, 
  7.35  subdivision 13, is amended to read: 
  7.36     Subd. 13.  [DRIVER'S LICENSE SUSPENSION.] (a) Upon motion 
  8.1   of an obligee, which has been properly served on the obligor and 
  8.2   upon which there has been an opportunity for hearing, if a court 
  8.3   finds that the obligor has been or may be issued a driver's 
  8.4   license by the commissioner of public safety and the obligor is 
  8.5   in arrears in court-ordered child support or maintenance 
  8.6   payments, or both, in an amount equal to or greater than three 
  8.7   times the obligor's total monthly support and maintenance 
  8.8   payments and is not in compliance with a written payment 
  8.9   agreement regarding both current support and arrearages pursuant 
  8.10  to section 518.553 that is approved by the court, a child 
  8.11  support magistrate, or the public authority, the court shall 
  8.12  order the commissioner of public safety to suspend the obligor's 
  8.13  driver's license.  The court's order must be stayed for 90 days 
  8.14  in order to allow the obligor to execute a written payment 
  8.15  agreement regarding both current support and arrearages, 
  8.16  which pursuant to section 518.553.  The payment agreement must 
  8.17  be approved by either the court or the public authority 
  8.18  responsible for child support enforcement.  If the obligor has 
  8.19  not executed or is not in compliance with a written payment 
  8.20  agreement regarding both current support and arrearages pursuant 
  8.21  to section 518.553 after the 90 days expires, the court's order 
  8.22  becomes effective and the commissioner of public safety shall 
  8.23  suspend the obligor's driver's license.  The remedy under this 
  8.24  subdivision is in addition to any other enforcement remedy 
  8.25  available to the court.  An obligee may not bring a motion under 
  8.26  this paragraph within 12 months of a denial of a previous motion 
  8.27  under this paragraph. 
  8.28     (b) If a public authority responsible for child support 
  8.29  enforcement determines that the obligor has been or may be 
  8.30  issued a driver's license by the commissioner of public safety 
  8.31  and the obligor is in arrears in court-ordered child support or 
  8.32  maintenance payments or both in an amount equal to or greater 
  8.33  than three times the obligor's total monthly support and 
  8.34  maintenance payments and not in compliance with a written 
  8.35  payment agreement regarding both current support and arrearages 
  8.36  pursuant to section 518.553 that is approved by the court, a 
  9.1   child support magistrate, or the public authority, the public 
  9.2   authority shall direct the commissioner of public safety to 
  9.3   suspend the obligor's driver's license.  The remedy under this 
  9.4   subdivision is in addition to any other enforcement remedy 
  9.5   available to the public authority. 
  9.6      (c) At least 90 days prior to notifying the commissioner of 
  9.7   public safety according to paragraph (b), the public authority 
  9.8   must mail a written notice to the obligor at the obligor's last 
  9.9   known address, that it intends to seek suspension of the 
  9.10  obligor's driver's license and that the obligor must request a 
  9.11  hearing within 30 days in order to contest the suspension.  If 
  9.12  the obligor makes a written request for a hearing within 30 days 
  9.13  of the date of the notice, a court hearing must be held.  
  9.14  Notwithstanding any law to the contrary, the obligor must be 
  9.15  served with 14 days' notice in writing specifying the time and 
  9.16  place of the hearing and the allegations against the 
  9.17  obligor.  The notice must include information that apprises the 
  9.18  obligor of the requirement to develop a written payment 
  9.19  agreement that is approved by a court, a child support 
  9.20  magistrate, or the public authority responsible for child 
  9.21  support enforcement regarding child support, maintenance, and 
  9.22  any arrearages in order to avoid license suspension.  The notice 
  9.23  may be served personally or by mail.  If the public authority 
  9.24  does not receive a request for a hearing within 30 days of the 
  9.25  date of the notice, and the obligor does not execute a written 
  9.26  payment agreement regarding both current support and 
  9.27  arrearages pursuant to section 518.553 that is approved by the 
  9.28  public authority within 90 days of the date of the notice, the 
  9.29  public authority shall direct the commissioner of public safety 
  9.30  to suspend the obligor's driver's license under paragraph (b). 
  9.31     (d) At a hearing requested by the obligor under paragraph 
  9.32  (c), and on finding that the obligor is in arrears in 
  9.33  court-ordered child support or maintenance payments or both in 
  9.34  an amount equal to or greater than three times the obligor's 
  9.35  total monthly support and maintenance payments, the district 
  9.36  court or child support magistrate shall order the commissioner 
 10.1   of public safety to suspend the obligor's driver's license or 
 10.2   operating privileges unless the court or child support 
 10.3   magistrate determines that the obligor has executed and is in 
 10.4   compliance with a written payment agreement regarding both 
 10.5   current support and arrearages pursuant to section 518.553 that 
 10.6   is approved by the court, a child support magistrate, or the 
 10.7   public authority. 
 10.8      (e) An obligor whose driver's license or operating 
 10.9   privileges are suspended may: 
 10.10     (1) provide proof to the public authority responsible for 
 10.11  child support enforcement that the obligor is in compliance with 
 10.12  all written payment agreements regarding both current support 
 10.13  and arrearages. pursuant to section 518.553; 
 10.14     (2) bring a motion for reinstatement of the driver's 
 10.15  license.  At the hearing, if the court or child support 
 10.16  magistrate orders reinstatement of the driver's license, the 
 10.17  court or child support magistrate must establish a written 
 10.18  payment agreement pursuant to section 518.553; or 
 10.19     (3) seek a limited license under section 171.30.  A limited 
 10.20  license issued to an obligor under section 171.30 expires 90 
 10.21  days after the date it is issued.  
 10.22     Within 15 days of the receipt of that proof or a court 
 10.23  order, the public authority shall inform the commissioner of 
 10.24  public safety that the obligor's driver's license or operating 
 10.25  privileges should no longer be suspended. 
 10.26     (f) On January 15, 1997, and every two years after that, 
 10.27  the commissioner of human services shall submit a report to the 
 10.28  legislature that identifies the following information relevant 
 10.29  to the implementation of this section: 
 10.30     (1) the number of child support obligors notified of an 
 10.31  intent to suspend a driver's license; 
 10.32     (2) the amount collected in payments from the child support 
 10.33  obligors notified of an intent to suspend a driver's license; 
 10.34     (3) the number of cases paid in full and payment agreements 
 10.35  executed in response to notification of an intent to suspend a 
 10.36  driver's license; 
 11.1      (4) the number of cases in which there has been 
 11.2   notification and no payments or payment agreements; 
 11.3      (5) the number of driver's licenses suspended; and 
 11.4      (6) the cost of implementation and operation of the 
 11.5   requirements of this section; and 
 11.6      (7) the number of limited licenses issued and number of 
 11.7   cases in which payment agreements are executed and cases are 
 11.8   paid in full following issuance of a limited license. 
 11.9      (g) In addition to the criteria established under this 
 11.10  section for the suspension of an obligor's driver's license, a 
 11.11  court, a child support magistrate, or the public authority may 
 11.12  direct the commissioner of public safety to suspend the license 
 11.13  of a party who has failed, after receiving notice, to comply 
 11.14  with a subpoena relating to a paternity or child support 
 11.15  proceeding.  Notice to an obligor of intent to suspend must be 
 11.16  served by first class mail at the obligor's last known address.  
 11.17  The notice must inform the obligor of the right to request a 
 11.18  hearing.  If the obligor makes a written request within ten days 
 11.19  of the date of the hearing, a hearing must be held.  At the 
 11.20  hearing, the only issues to be considered are mistake of fact 
 11.21  and whether the obligor received the subpoena. 
 11.22     (h) The license of an obligor who fails to remain in 
 11.23  compliance with an approved payment agreement may be suspended.  
 11.24  Notice to the obligor of an intent to suspend under this 
 11.25  paragraph must be served by first class mail at the obligor's 
 11.26  last known address and must include a notice of hearing.  The 
 11.27  notice must be served upon the obligor not less than ten days 
 11.28  before the date of the hearing.  If the obligor appears at the 
 11.29  hearing and the judge determines that the obligor has failed to 
 11.30  comply with an approved payment agreement, the judge shall 
 11.31  notify the department of public safety to suspend the obligor's 
 11.32  license under paragraph (c).  If the obligor fails to appear at 
 11.33  the hearing, the public authority may notify the department of 
 11.34  public safety to suspend the obligor's license under paragraph 
 11.35  (c). 
 11.36     Sec. 8.  Minnesota Statutes 2000, section 518.551, 
 12.1   subdivision 14, is amended to read: 
 12.2      Subd. 14.  [MOTOR VEHICLE LIEN.] (a) Upon motion of an 
 12.3   obligee, if a court finds that the obligor is a debtor for a 
 12.4   judgment debt resulting from nonpayment of court-ordered child 
 12.5   support or maintenance payments, or both, in an amount equal to 
 12.6   or greater than three times the obligor's total monthly support 
 12.7   and maintenance payments, the court shall order the commissioner 
 12.8   of public safety to enter a lien in the name of the obligee or 
 12.9   in the name of the state of Minnesota, as appropriate, in 
 12.10  accordance with section 168A.05, subdivision 8, unless the court 
 12.11  finds that the obligor is in compliance with a written payment 
 12.12  agreement regarding both current support and arrearages pursuant 
 12.13  to section 518.553 that is approved by the court, a child 
 12.14  support magistrate, or the public authority.  The court's order 
 12.15  must be stayed for 90 days in order to allow the obligor to 
 12.16  execute a written payment agreement regarding both current 
 12.17  support and arrearages pursuant to section 518.553, 
 12.18  which agreement shall be approved by either the court or the 
 12.19  public authority responsible for child support enforcement.  If 
 12.20  the obligor has not executed or is not in compliance with a 
 12.21  written payment agreement regarding both current support and 
 12.22  arrearages pursuant to section 518.553 that is approved by the 
 12.23  court, a child support magistrate, or the public authority 
 12.24  within the 90-day period, the court's order becomes effective 
 12.25  and the commissioner of public safety shall record the lien on 
 12.26  any motor vehicle certificate of title subsequently issued in 
 12.27  the name of the obligor.  The remedy under this subdivision is 
 12.28  in addition to any other enforcement remedy available to the 
 12.29  court. 
 12.30     (b) If a public authority responsible for child support 
 12.31  enforcement determines that the obligor is a debtor for judgment 
 12.32  debt resulting from nonpayment of court-ordered child support or 
 12.33  maintenance payments, or both, in an amount equal to or greater 
 12.34  than three times the obligor's total monthly support and 
 12.35  maintenance payments, the public authority shall direct the 
 12.36  commissioner of public safety to enter a lien in the name of the 
 13.1   obligee or in the name of the state of Minnesota, as 
 13.2   appropriate, under section 168A.05, subdivision 8, on any motor 
 13.3   vehicle certificate of title subsequently issued in the name of 
 13.4   the obligor unless the public authority determines that the 
 13.5   obligor is in compliance with a written payment agreement 
 13.6   regarding both current support and arrearages pursuant to 
 13.7   section 518.553 that is approved by the court, a child support 
 13.8   magistrate, or the public authority.  The remedy under this 
 13.9   subdivision is in addition to any other enforcement remedy 
 13.10  available to the public agency. 
 13.11     (c) At least 90 days prior to notifying the commissioner of 
 13.12  public safety pursuant to paragraph (b), the public authority 
 13.13  must mail a written notice to the obligor at the obligor's last 
 13.14  known address, that it intends to record a lien on any motor 
 13.15  vehicle certificate of title subsequently issued in the name of 
 13.16  the obligor and that the obligor must request a hearing within 
 13.17  30 days in order to contest the action.  If the obligor makes a 
 13.18  written request for a hearing within 30 days of the date of the 
 13.19  notice, a court hearing must be held.  Notwithstanding any law 
 13.20  to the contrary, the obligor must be served with 14 days' notice 
 13.21  in writing specifying the time and place of the hearing and the 
 13.22  allegations against the obligor.  The notice may be served 
 13.23  personally or by mail.  If the public authority does not receive 
 13.24  a request for a hearing within 30 days of the date of the notice 
 13.25  and the obligor does not execute or is not in compliance with a 
 13.26  written payment agreement regarding both current support and 
 13.27  arrearages pursuant to section 518.553 that is approved by the 
 13.28  public authority within 90 days of the date of the notice, the 
 13.29  public authority shall direct the commissioner of public safety 
 13.30  to record the lien under paragraph (b). 
 13.31     (d) At a hearing requested by the obligor under paragraph 
 13.32  (c), and on finding that the obligor is in arrears in 
 13.33  court-ordered child support or maintenance payments or both in 
 13.34  an amount equal to or greater than three times the obligor's 
 13.35  total monthly support and maintenance payments, the district 
 13.36  court or child support magistrate shall order the commissioner 
 14.1   of public safety to record the lien unless the court or child 
 14.2   support magistrate determines that the obligor has executed and 
 14.3   is in compliance with a written payment agreement regarding both 
 14.4   current support and arrearages pursuant to section 518.553 that 
 14.5   is determined to be acceptable by the court, a child support 
 14.6   magistrate, or the public authority. 
 14.7      (e) An obligor may provide proof to the court or the public 
 14.8   authority responsible for child support enforcement that the 
 14.9   obligor is in compliance with all written payment agreements 
 14.10  regarding both current support and arrearages pursuant to 
 14.11  section 518.553 or that the value of the motor vehicle is less 
 14.12  than the exemption provided under section 550.37.  Within 15 
 14.13  days of the receipt of that proof, the court or public authority 
 14.14  shall either execute a release of security interest under 
 14.15  section 168A.20, subdivision 4, and mail or deliver the release 
 14.16  to the owner or other authorized person or shall direct the 
 14.17  commissioner of public safety not to enter a lien on any motor 
 14.18  vehicle certificate of title subsequently issued in the name of 
 14.19  the obligor in instances where a lien has not yet been entered.  
 14.20     (f) Any lien recorded against a motor vehicle certificate 
 14.21  of title under this section and section 168A.05, subdivision 8, 
 14.22  attaches only to the nonexempt value of the motor vehicle as 
 14.23  determined in accordance with section 550.37.  The value of a 
 14.24  motor vehicle must be determined in accordance with the retail 
 14.25  value described in the N.A.D.A. Official Used Car Guide, Midwest 
 14.26  Edition, for the current year, or in accordance with the 
 14.27  purchase price as defined in section 297B.01, subdivision 8. 
 14.28     Sec. 9.  Minnesota Statutes 2000, section 518.551, 
 14.29  subdivision 15, is amended to read: 
 14.30     Subd. 15.  [LICENSE SUSPENSION.] (a) Upon motion of an 
 14.31  obligee or the public authority, which has been properly served 
 14.32  on the obligor by first class mail at the last known address or 
 14.33  in person, and if at a hearing, the court finds that (1) the 
 14.34  obligor is in arrears in court-ordered child support or 
 14.35  maintenance payments, or both, in an amount equal to or greater 
 14.36  than six times the obligor's total monthly support and 
 15.1   maintenance payments and is not in compliance with a written 
 15.2   payment agreement regarding both current support and 
 15.3   arrearages pursuant to section 518.553, or (2) has failed, after 
 15.4   receiving notice, to comply with a subpoena relating to a 
 15.5   paternity or child support proceeding, the court may direct the 
 15.6   commissioner of natural resources to suspend or bar receipt of 
 15.7   the obligor's recreational license or licenses.  Prior to 
 15.8   utilizing this subdivision, the court must find that other 
 15.9   substantial enforcement mechanisms have been attempted but have 
 15.10  not resulted in compliance. 
 15.11     (b) For purposes of this subdivision, a recreational 
 15.12  license includes all licenses, permits, and stamps issued 
 15.13  centrally by the commissioner of natural resources under 
 15.14  sections 97B.301, 97B.401, 97B.501, 97B.515, 97B.601, 97B.715, 
 15.15  97B.721, 97B.801, 97C.301, and 97C.305. 
 15.16     (c) An obligor whose recreational license or licenses have 
 15.17  been suspended or barred may provide proof to the court that the 
 15.18  obligor is in compliance with all written payment agreements 
 15.19  regarding both current support and arrearages pursuant to 
 15.20  section 518.553.  Within 15 days of receipt of that proof, the 
 15.21  court shall notify the commissioner of natural resources that 
 15.22  the obligor's recreational license or licenses should no longer 
 15.23  be suspended nor should receipt be barred. 
 15.24     Sec. 10.  Minnesota Statutes 2000, section 518.553, is 
 15.25  amended to read: 
 15.26     518.553 [PAYMENT AGREEMENTS.] 
 15.27     In proposing or approving proposed written payment 
 15.28  agreements for purposes of section 518.551, the court, a child 
 15.29  support magistrate, or the public authority shall take into 
 15.30  consideration the amount of the arrearages, the amount of the 
 15.31  current support order, any pending request for modification, and 
 15.32  the earnings of the obligor.  The court, child support 
 15.33  magistrate, or public authority shall consider the individual 
 15.34  financial circumstances of each obligor in evaluating the 
 15.35  obligor's ability to pay any proposed payment agreement and 
 15.36  shall propose a reasonable payment agreement tailored to the 
 16.1   individual financial circumstances of each obligor.  The court, 
 16.2   child support magistrate, or public authority also shall 
 16.3   consider a graduated payment plan tailored to the individual 
 16.4   financial circumstances of each obligor. 
 16.5      Sec. 11.  [APPROPRIATION.] 
 16.6      $100,000 is appropriated from the trunk highway fund to the 
 16.7   commissioner of public safety in fiscal year 2003 for costs 
 16.8   related to the issuance of limited licenses under Minnesota 
 16.9   Statutes, section 171.186, subdivision 4.