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SF 3165

as introduced - 91st Legislature (2019 - 2020) Posted on 02/13/2020 04:41pm

KEY: stricken = removed, old language.
underscored = added, new language.
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A bill for an act
relating to human services; establishing a child support advisory board; proposing
coding for new law in Minnesota Statutes, chapter 518A.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

new text begin [518A.80] CHILD SUPPORT ADVISORY BOARD.
new text end

new text begin Subdivision 1. new text end

new text begin Establishment; purpose. new text end

new text begin The Child Support Advisory Board is
established as an advisory body for the Department of Human Services. The purpose of the
advisory board is to advise the commissioner of human services on matters to update or
revise the child support guidelines to ensure its application results in the determination of
appropriate child support order amounts as required in Code of Federal Regulations, title
45, section 302.56.
new text end

new text begin Subd. 2. new text end

new text begin Members. new text end

new text begin (a) The advisory board must consist of:
new text end

new text begin (1) four members of the house of representatives, two appointed by the speaker of the
house and two appointed by the minority leader;
new text end

new text begin (2) four members of the senate, two appointed by the majority leader and two appointed
by the minority leader;
new text end

new text begin (3) eight parents, at least two of whom represent diverse cultural communities, with
equal representation between custodial and noncustodial parents. Each legislator on the
advisory board may appoint one parent;
new text end

new text begin (4) two members from a Father's organization with knowledge of the child support laws;
new text end

new text begin (5) one representative from a tribe with an approved IV-D program appointed by
resolution of the Minnesota Indian Affairs Council;
new text end

new text begin (6) one representative from the Minnesota Legal Services Coalition;
new text end

new text begin (7) one representative appointed by the Academy of Professional Family Mediators;
new text end

new text begin (8) one representative from the family law section of the Minnesota Bar Association;
and
new text end

new text begin (9) two accountants, tax experts, or financial planners appointed by the legislative
cochairs described in subdivision 3.
new text end

new text begin (b) Section 15.059 governs the Child Support Advisory Board.
new text end

new text begin Subd. 3. new text end

new text begin Officers; meetings. new text end

new text begin (a) The advisory board shall be cochaired by a legislative
member from the majority party and by a legislative member from the minority party, and
may elect other officers as necessary.
new text end

new text begin (b) The commissioner of human services or the commissioner's designee shall convene
the first meeting by August 15, 2020.
new text end

new text begin (c) The cochairs shall alternate possession of the gavel between meetings.
new text end

new text begin (d) The agenda for each meeting shall be determined by the cochairs.
new text end

new text begin (e) The advisory board shall meet monthly or as determined by the cochairs.
new text end

new text begin (f) The advisory board shall meet at least six times per year.
new text end

new text begin (g) Staff members from the Department of Human Services Child Support Division may
only participate in an advisory role.
new text end

new text begin Subd. 4. new text end

new text begin Open meetings. new text end

new text begin Except as otherwise provided in this section, the advisory
board is subject to chapter 13D. A meeting of the advisory board occurs when a quorum is
present and the members receive information, discuss, or take action on any matter relating
to the duties of the advisory board. The advisory board may conduct meetings as provided
in section 13D.015 or 13D.02. The advisory board may conduct meetings at any location
in the state that is appropriate for the purposes of the advisory board as long as the location
is open and accessible to the public. For legislative members of the advisory board,
enforcement of this subdivision is governed by section 3.055, subdivision 2. For
nonlegislative members of the advisory board, enforcement of this subdivision is governed
by section 13D.06, subdivisions 1 and 2.
new text end

new text begin Subd. 5. new text end

new text begin Compensation. new text end

new text begin Public members of the advisory board shall be compensated
as provided by section 15.059, subdivision 3.
new text end

new text begin Subd. 6. new text end

new text begin Staff. new text end

new text begin The commissioner shall provide support staff, office space, and
administrative services for the advisory board.
new text end

new text begin Subd. 7. new text end

new text begin Duties of advisory board. new text end

new text begin (a) General duties of the advisory board include but
are not limited to:
new text end

new text begin (1) serving as an advisory body to the commissioner of human services;
new text end

new text begin (2) reviewing the court orders, modification orders, problems, and effects of implementing
the parenting expense adjustment enacted by the 2016 legislature;
new text end

new text begin (3) at least every four years, preparing for and advising the commissioner on the
development and collection of data for the quadrennial review report;
new text end

new text begin (4) collecting and studying information and data relating to child support awards;
new text end

new text begin (5) providing a forum for public comments at every meeting and providing written
documentation about comments by each member of the public; and
new text end

new text begin (6) conducting a comprehensive review of the child support guidelines, economic
conditions, and other matters relevant to maintaining effective and fair child support
guidelines.
new text end

new text begin (b) The advisory board must review, collect data, and make recommendations about the
following issues:
new text end

new text begin (1) update section 518A.35, subdivision 2, the guideline for basic support;
new text end

new text begin (2) simultaneous child support orders;
new text end

new text begin (3) how to calculate child support for obligors who are subject to child support orders
in multiple counties with multiple families to ensure that all children are treated fairly; and
new text end

new text begin (4) consider that the children have expenses in two separate households, each with their
own costs to maintain that household, regardless of parenting time or whether the children
live in the household full time or part time.
new text end

new text begin Subd. 8. new text end

new text begin Report and recommendations. new text end

new text begin Beginning January 30, 2021, and annually
thereafter, the advisory board shall prepare and submit to the chairs and ranking minority
members of the legislative committees with jurisdiction over child support matters a report
that summarizes the activities of the child support advisory board, including data collected,
issues discussed, strategies to address the pertinent issues, and recommendations for
legislative action.
new text end

new text begin Subd. 9. new text end

new text begin Expiration. new text end

new text begin The Child Support Advisory Board expires December 15, 2024,
unless extended by the legislature.
new text end