4th Engrossment - 80th Legislature (1997 - 1998) Posted on 12/15/2009 12:00am
1.1 A bill for an act 1.2 relating to family law; modifying provisions and 1.3 procedures governing child support and maintenance, 1.4 visitation, and related matters; making complying and 1.5 technical changes; amending Minnesota Statutes 1996, 1.6 sections 168A.05, subdivision 8; 171.19; 256.87, by 1.7 adding a subdivision; 256.978, subdivision 2, as 1.8 amended; 256.979, subdivisions 5, 6, 7, 8, and by 1.9 adding a subdivision; 256.9791, subdivision 1; 1.10 256.998, subdivisions 3 and 9; 257.75, subdivisions 1a 1.11 and 4; 518.157; 518.175, subdivision 6; 518.1751; 1.12 518.179, subdivision 1; 518.195; 518.54, subdivision 1.13 6, as amended; 518.551, subdivisions 5b, 7, 12, as 1.14 amended, 14, and by adding subdivisions; 518.5511, 1.15 subdivisions 1, 2, 3, 4, and by adding a subdivision; 1.16 518.5512, subdivisions 2, as amended, 3, and by adding 1.17 a subdivision; 518.553; 518.5852; 518.64, subdivision 1.18 2; 518.641, subdivision 2; 518.68, subdivision 2; 1.19 518C.305; 518C.306; 518C.307; 518C.605; 518C.606; 1.20 519.05; 548.091, subdivision 9, as added; 609.375, by 1.21 adding a subdivision; 626.556, subdivision 2; and 1.22 631.52, subdivision 1; Laws 1997, chapter 85, article 1.23 1, sections 16, subdivision 1, as amended; 36, 1.24 subdivision 2; 43, subdivisions 4 and 5; and 66, 1.25 subdivision 2; and article 3, by adding a section; 1.26 S.F. No. 1908, article 6, sections 3, subdivisions 1, 1.27 4, 6, and 10; and 5, subdivision 4; proposing coding 1.28 for new law in Minnesota Statutes, chapter 518; 1.29 repealing Minnesota Statutes 1996, sections 256.996; 1.30 and 609.375, subdivisions 3, 4, and 6. 1.31 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 1.32 ARTICLE 1 1.33 CHILD SUPPORT 1.34 Section 1. Minnesota Statutes 1996, section 168A.05, 1.35 subdivision 8, is amended to read: 1.36 Subd. 8. [LIENS FILED FOR ENFORCEMENT OF CHILD SUPPORT.] 1.37 This subdivision applies if the court or a public authority 1.38 responsible for child support enforcement orders or directs the 2.1 commissioner to enter a lien, as provided in section 518.551, 2.2 subdivision 14. If a certificate of title is applied for by the 2.3 owner, the department shall enter a lien on the title in the 2.4 name of the state of Minnesota or in the name of the obligee in 2.5 accordance with the notice if the value of the motor vehicle 2.6 determined in accordance with either the definitions of section 2.7 297B.01, subdivision 8, or the retail value described in the 2.8 N.A.D.A. Official Used Car Guide, Midwest Edition, for the 2.9 current year exceeds the exemption allowed in section 550.37. 2.10 The lien on the title is subordinate to any bona fide purchase 2.11 money security interest as defined in section 336.9-107 2.12 regardless of when the purchase money security interest is 2.13 perfected. With respect to all other security interests, the 2.14 lien is perfected as of the date entered on the title.
The lien2.15 is subject to an exemption in the amount currently in effect2.16 under section 518.551, subdivision 14.2.17 Sec. 2. Minnesota Statutes 1996, section 171.19, is 2.18 amended to read: 2.19 171.19 [PETITION FOR LICENSE REINSTATEMENT.] 2.20 Any person whose driver's license has been refused, 2.21 revoked, suspended, or canceled by the commissioner, except 2.22 where the license is revoked under section 169.123 or section 2.23 171.186, may file a petition for a hearing in the matter in the 2.24 district court in the county wherein such person shall reside 2.25 and, in the case of a nonresident, in the district court in any 2.26 county, and such court is hereby vested with jurisdiction, and 2.27 it shall be its duty, to set the matter for hearing upon 15 2.28 days' written notice to the commissioner, and thereupon to take 2.29 testimony and examine into the facts of the case to determine 2.30 whether the petitioner is entitled to a license or is subject to 2.31 revocation, suspension, cancellation, or refusal of license, and 2.32 shall render judgment accordingly. The petition shall be heard 2.33 by the court without a jury and may be heard in or out of term. 2.34 The commissioner may appear in person, or by agents or 2.35 representatives, and may present evidence upon the hearing by 2.36 affidavit personally, by agents, or by representatives. The 3.1 petitioner may present evidence by affidavit, except that the 3.2 petitioner must be present in person at such hearing for the 3.3 purpose of cross-examination. In the event the department shall 3.4 be sustained in these proceedings, the petitioner shall have no 3.5 further right to make further petition to any court for the 3.6 purpose of obtaining a driver's license until after the 3.7 expiration of one year after the date of such hearing. 3.8 Sec. 3. Minnesota Statutes 1996, section 256.87, is 3.9 amended by adding a subdivision to read: 3.10 Subd. 9. [ARREARS FOR PARENT WHO REUNITES WITH 3.11 FAMILY.] (a) A parent liable for assistance under this section 3.12 may seek a suspension of collection efforts under Title IV-D of 3.13 the Social Security Act or a payment agreement based on ability 3.14 to pay if the parent has reunited with that parent's family and 3.15 lives in the same household as the child on whose behalf the 3.16 assistance was furnished. 3.17 (b) The Title IV-D agency shall consider the individual 3.18 financial circumstances of each obligor in evaluating the 3.19 obligor's ability to pay a proposed payment agreement and shall 3.20 propose a reasonable payment agreement tailored to those 3.21 individual financial circumstances. 3.22 (c) The Title IV-D agency may suspend collection of arrears 3.23 owed to the state under this section for as long as the obligor 3.24 continues to live in the same household as the child on whose 3.25 behalf the assistance was furnished if the total gross household 3.26 income of the obligor is less than 185 percent of the federal 3.27 poverty level. 3.28 (d) An obligor must annually reapply for suspension of 3.29 collection of arrearages under paragraph (c). 3.30 (e) The obligor must notify the Title IV-D agency if the 3.31 obligor no longer resides in the same household as the child. 3.32 Sec. 4. Minnesota Statutes 1996, section 256.979, 3.33 subdivision 5, is amended to read: 3.34 Subd. 5. [PATERNITY ESTABLISHMENT AND CHILD SUPPORT 3.35 ORDER ESTABLISHMENT AND MODIFICATION BONUS INCENTIVES.] (a) A 3.36 bonus incentive program is created to increase the number of 4.1 paternity establishments and establishment and modifications of 4.2 child support orders done by county child support enforcement 4.3 agencies. 4.4 (b) A bonus must be awarded to a county child support 4.5 agency for each childcase for which the agency completes a 4.6 paternity or child support order establishment or modification 4.7 through judicial ,or administrative , or expeditedprocesses and4.8 for each instance in which the agency reviews a case for a4.9 modification of the child support order. 4.10 (c) The rate of bonus incentive is $100 for each 4.11 paternity or child support order establishment and $50 for each4.12 review for modification of a child support ordermodification 4.13 set in a specific dollar amount. 4.14 (d) No bonus shall be paid for a modification that is a 4.15 result of a termination of child care costs according to section 4.16 518.551, subdivision 5, paragraph (b), or due solely to a 4.17 reduction of child care expenses. 4.18 Sec. 5. Minnesota Statutes 1996, section 256.979, 4.19 subdivision 6, is amended to read: 4.20 Subd. 6. [CLAIMS FOR BONUS INCENTIVE.] (a) The 4.21 commissioner of human services and the county agency shall 4.22 develop procedures for the claims process and criteria using 4.23 automated systems where possible. 4.24 (b) Only one county agency may receive a bonus per 4.25 paternity establishment or child support order establishment or 4.26 modification for each case. The county agency making the4.27 initial preparations for the case resulting in the establishment4.28 of paternity or modification of an order is the county agency4.29 entitled to claim the bonus incentive, even if the case is4.30 transferred to another county agency prior to the time the order4.31 is established or modified.The county agency completing the 4.32 action or procedure needed to establish paternity or a child 4.33 support order or modify an order is the county agency entitled 4.34 to claim the bonus incentive. 4.35 (c) Disputed claims must be submitted to the commissioner 4.36 of human services and the commissioner's decision is final. 5.1 (d) For purposes of this section, "case" means a family 5.2 unit for whom the county agency is providing child support 5.3 enforcement services. 5.4 Sec. 6. Minnesota Statutes 1996, section 256.979, 5.5 subdivision 7, is amended to read: 5.6 Subd. 7. [DISTRIBUTION.] (a) Bonus incentives must be 5.7 issued to the county agency quarterly, within 45 days after the 5.8 last day of each quarter for which a bonus incentive is being 5.9 claimed, and must be paid in the order in which claims are 5.10 received. 5.11 (b) Bonus incentive funds under this section must be 5.12 reinvested in the county child support enforcement program and a 5.13 county may not reduce funding of the child support enforcement 5.14 program by the amount of the bonus earned. 5.15 (c) The county agency shall repay any bonus erroneously 5.16 issued. 5.17 (d) A county agency shall maintain a record of bonus 5.18 incentives claimed and received for each quarter. 5.19 (e) Payment of bonus incentives is limited by the amount of 5.20 the appropriation for this purpose. If the appropriation is 5.21 insufficient to cover all claims, the commissioner of human 5.22 services may prorate payments among the county agencies. 5.23 Sec. 7. Minnesota Statutes 1996, section 256.979, 5.24 subdivision 8, is amended to read: 5.25 Subd. 8. [MEDICAL PROVIDER REIMBURSEMENT.] (a) A fee to 5.26 the providers of medical services is created for the purpose of 5.27 increasing the numbers of signed and notarized recognition of 5.28 parentage forms completed in the medical setting. 5.29 (b) A fee of $25 shall be paid to each medical provider for 5.30 each properly completed recognition of parentage form sent to 5.31 the department of vital statistics. 5.32 (c) The office of vital statistics shall notify the 5.33 department of human services quarterly of the numbers of 5.34 completed forms received and the amounts paid. 5.35 (d) The department of human services shall remit quarterly 5.36 to each medical provider a payment for the number of signed 6.1 recognition of parentage forms completed by that medical 6.2 provider and sent to the office of vital statistics. 6.3 (e) The commissioners of the department of human services 6.4 and the department of health shall develop procedures for the 6.5 implementation of this provision. 6.6 (f) Payments will be made to the medical provider within 6.7 the limit of available appropriations. 6.8 (g) Federal matching funds received as reimbursement for 6.9 the costs of the medical provider reimbursement must be retained 6.10 by the commissioner of human services for educational programs 6.11 dedicated to the benefits of paternity establishment. 6.12 Sec. 8. Minnesota Statutes 1996, section 256.979, is 6.13 amended by adding a subdivision to read: 6.14 Subd. 10. [TRANSFERABILITY BETWEEN BONUS INCENTIVE 6.15 ACCOUNTS AND GRANTS TO COUNTY AGENCIES.] The commissioner of 6.16 human services may transfer money appropriated for child support 6.17 enforcement county performance incentives under this section and 6.18 section 256.9791 among county performance incentive accounts. 6.19 Incentive funds to counties transferred under this section must 6.20 be reinvested in the child support enforcement program and may 6.21 not be used to supplant money now spent by counties for child 6.22 support enforcement. 6.23 Sec. 9. Minnesota Statutes 1996, section 256.9791, 6.24 subdivision 1, is amended to read: 6.25 Subdivision 1. [BONUS INCENTIVE.] (a) A bonus incentive 6.26 program is created to increase the identification and 6.27 enforcement by county agencies of dependent health insurance 6.28 coverage for persons who are receiving medical assistance under 6.29 section 256B.055 and for whom the county agency is providing 6.30 child support enforcement services. 6.31 (b) The bonus shall be awarded to a county child support 6.32 agency for each person for whom coverage is identified and 6.33 enforced by the child support enforcement program when the 6.34 obligor is under a court order to provide dependent health 6.35 insurance coverage. 6.36 (c) Bonus incentive funds under this section must be 7.1 reinvested in the county child support enforcement program and a 7.2 county may not reduce funding of the child support enforcement 7.3 program by the amount of the bonus earned. 7.4 Sec. 10. Minnesota Statutes 1996, section 256.998, 7.5 subdivision 9, is amended to read: 7.6 Subd. 9. [INDEPENDENT CONTRACTORS.] The state and all 7.7 political subdivisions of the state, when acting in the capacity 7.8 of an employer, shall report the hiring of any person as an 7.9 independent contractor to the centralized work reporting system 7.10 in the same manner as the hiring of an employee is reported. 7.11 The attorney general and the commissioner of human services7.12 shall work with representatives of the employment community and7.13 industries that utilize independent contractors in the regular7.14 course of business to develop a plan to include the reporting of7.15 independent contractors by all employers to the centralized work7.16 reporting system by July 1, 1996. The attorney general and the7.17 commissioner of human services shall present the resulting plan7.18 in the form of proposed legislation to the legislature by7.19 February 1, 1996.Other payors may report independent 7.20 contractors to whom they make payments that require the filing 7.21 of a 1099-MISC report. Payors reporting independent contractors 7.22 shall report by use of the same means and provide the same 7.23 information required under subdivisions 4 and 5. The 7.24 commissioner of human services shall establish procedures for 7.25 payors reporting under this section. 7.26 Sec. 11. Minnesota Statutes 1996, section 257.75, 7.27 subdivision 1a, is amended to read: 7.28 Subd. 1a. [JOINDER IN RECOGNITION BY HUSBAND.] A man who 7.29 is a presumed father under section 257.55, subdivision 1, 7.30 paragraph (a), may join in a recognition of parentage that 7.31 recognizes that another man is the child's biological father. 7.32 The man who is the presumed father under section 257.55, 7.33 subdivision 1, paragraph (a), must sign an acknowledgment under 7.34 oath before a notary public that he is renouncing the 7.35 presumption under section 257.55, subdivision 1, paragraph (a), 7.36 and recognizing that the father who is executing the recognition 8.1 under subdivision 1 is the biological father of the child. A 8.2 joinder in a recognition under this subdivision must be executed 8.3 within one year after the child's birth and at the same time as8.4 the recognition under subdivision 1 or within ten days following8.5 execution of the recognition.the joinder must be included in8.6 the recognition form or incorporated by reference within the8.7 recognition and attached to the form when it isfiled with the 8.8 state registrar of vital statistics. The joinder must be on a 8.9 form prepared by the commissioner of human services. Failure to 8.10 properly execute a joinder in a recognition does not affect the 8.11 validity of the recognition under subdivision 1. A joinder 8.12 without a corresponding recognition of parentage has no legal 8.13 effect. 8.14 Sec. 12. [518.111] [SUFFICIENCY OF NOTICE.] 8.15 Automated child support notices sent by the public 8.16 authority which do not require service are sufficient notice 8.17 when issued and mailed by first class mail to the person's last 8.18 known address. 8.19 Sec. 13. Minnesota Statutes 1996, section 518.551, 8.20 subdivision 5b, is amended to read: 8.21 Subd. 5b. [DETERMINATION OF INCOME.] (a) The parties shall 8.22 timely serve and file documentation of earnings and income. When 8.23 there is a prehearing conference, the court must receive the 8.24 documentation of income at least ten days prior to the 8.25 prehearing conference. Documentation of earnings and income 8.26 also includes, but is not limited to, pay stubs for the most 8.27 recent three months, employer statements, or statement of 8.28 receipts and expenses if self-employed. Documentation of 8.29 earnings and income also includes copies of each parent's most 8.30 recent federal tax returns, including W-2 forms, 1099 forms, 8.31 reemployment insurance statements, workers' compensation 8.32 statements, and all other documents evidencing income as 8.33 received that provide verification of income over a longer 8.34 period. 8.35 (b) In addition to the requirements of paragraph (a), at 8.36 any time after an action seeking child support has been 9.1 commenced or when a child support order is in effect, a party or 9.2 the public authority may require the other party to give them a 9.3 copy of the party's most recent federal tax returns that were 9.4 filed with the Internal Revenue Service. The party shall 9.5 provide a copy of the tax returns within 30 days of receipt of 9.6 the request unless the request is not made in good faith. A 9.7 request under this paragraph may not be made more than once 9.8 every two years, in the absence of good cause. 9.9 (c) If a parent under the jurisdiction of the court does 9.10 not appear at a court hearing after proper notice of the time 9.11 and place of the hearing, the court shall set income for that 9.12 parent based on credible evidence before the court or in 9.13 accordance with paragraph (d). Credible evidence may include 9.14 documentation of current or recent income, testimony of the 9.15 other parent concerning recent earnings and income levels, and 9.16 the parent's wage reports filed with the Minnesota department of 9.17 economic security under section 268.121. 9.18 (d) If the court finds that a parent is voluntarily 9.19 unemployed or underemployed, child support shall be calculated 9.20 based on a determination of imputed income. A parent is not 9.21 considered voluntarily unemployed or underemployed upon a 9.22 showing by the parent that the unemployment or underemployment: 9.23 (1) is temporary and will ultimately lead to an increase in 9.24 income; or (2) represents a bona fide career change that 9.25 outweighs the adverse effect of that parent's diminished income 9.26 on the child. Imputed income means the estimated earning 9.27 ability of a parent based on the parent's prior earnings 9.28 history, education, and job skills, and on availability of jobs 9.29 within the community for an individual with the parent's 9.30 qualifications. If the court is unable to determine or estimate 9.31 the earning ability of a parent, the court may calculate child 9.32 support based on full-time employment of 40 hours per week 9.33 at 150 percent of the federal minimum wage or the Minnesota 9.34 minimum wage, whichever is higher. If the court is unable to 9.35 determine or estimate the earning ability of a parent, any 9.36 medical support or child care contribution must be calculated 10.1 based upon the obligor's proportionate share of the child care 10.2 expenses using 40 hours per week at 150 percent of the federal 10.3 minimum wage or the Minnesota minimum wage, whichever is 10.4 higher. If a parent is a recipient of public assistance under 10.5 sections 256.72 to 256.87 or chapter 256Dsection 256.741, or is 10.6 physically or mentally incapacitated, it shall be presumed that 10.7 the parent is not voluntarily unemployed or underemployed. 10.8 (e) Income from self employment is equal to gross receipts 10.9 minus ordinary and necessary expenses. Ordinary and necessary 10.10 expenses do not include amounts allowed by the Internal Revenue 10.11 Service for accelerated depreciation expenses or investment tax 10.12 credits or any other business expenses determined by the court 10.13 to be inappropriate for determining income for purposes of child 10.14 support. The person seeking to deduct an expense, including 10.15 depreciation, has the burden of proving, if challenged, that the 10.16 expense is ordinary and necessary. Net income under this 10.17 section may be different from taxable income. 10.18 Sec. 14. Minnesota Statutes 1996, section 518.551, is 10.19 amended by adding a subdivision to read: 10.20 Subd. 5e. [ADJUSTMENT TO SUPPORT ORDER.] A support order 10.21 issued under this section may provide that during any period of 10.22 time of 30 consecutive days or longer that the child is residing 10.23 with the noncustodial parent, the amount of support otherwise 10.24 due under the order may be reduced. 10.25 Sec. 15. Minnesota Statutes 1996, section 518.551, 10.26 subdivision 7, is amended to read: 10.27 Subd. 7. [SERVICE FEE.] When the public agency responsible 10.28 for child support enforcement provides child support collection 10.29 services either to a public assistance recipient or to a party 10.30 who does not receive public assistance, the public agency may 10.31 upon written notice to the obligor charge a monthly collection 10.32 fee equivalent to the full monthly cost to the county of 10.33 providing collection services, in addition to the amount of the 10.34 child support which was ordered by the court. The fee shall be 10.35 deposited in the county general fund. The service fee assessed 10.36 is limited to ten percent of the monthly court ordered child 11.1 support and shall not be assessed to obligors who are current in 11.2 payment of the monthly court ordered child support. 11.3 An application fee of $25 shall be paid by the person who 11.4 applies for child support and maintenance collection services, 11.5 except persons who are receiving public assistance as defined in 11.6 section 256.741, persons who transfer from public assistance to 11.7 nonpublic assistance status, and minor parents and parents 11.8 enrolled in a public secondary school, area learning center, or 11.9 alternative learning program approved by the commissioner of 11.10 children, families, and learning. Fees assessed by state and 11.11 federal tax agencies for collection of overdue support owed to 11.12 or on behalf of a person not receiving public assistance must be 11.13 imposed on the person for whom these services are provided. The 11.14 public authority upon written notice to the obligee shall assess 11.15 a fee of $25 to the person not receiving public assistance for 11.16 each successful federal tax interception. The fee must be 11.17 withheld prior to the release of the funds received from each 11.18 interception and deposited in the general fund. 11.19 However, the limitations of this subdivision on the 11.20 assessment of fees shall not apply to the extent inconsistent 11.21 with the requirements of federal law for receiving funds for the 11.22 programs under Title IV-A and Title IV-D of the Social Security 11.23 Act, United States Code, title 42, sections 601 to 613 and 11.24 United States Code, title 42, sections 651 to 662. 11.25 Sec. 16. Minnesota Statutes 1996, section 518.551, is 11.26 amended by adding a subdivision to read: 11.27 Subd. 13a. [DATA ON SUSPENSIONS FOR SUPPORT 11.28 ARREARS.] Notwithstanding section 13.03, subdivision 4, 11.29 paragraph (c), data on an occupational license suspension under 11.30 subdivision 12 or a driver's license suspension under 11.31 subdivision 13 that are transferred by the department of human 11.32 services to respectively the department of public safety or any 11.33 state, county, or municipal occupational licensing agency must 11.34 have the same classification at the department of public safety 11.35 or other receiving agency under section 13.02 as other license 11.36 suspension data held by the receiving agency. The transfer of 12.1 the data does not affect the classification of the data in the 12.2 hands of the department of human services. 12.3 Sec. 17. Minnesota Statutes 1996, section 518.551, 12.4 subdivision 14, is amended to read: 12.5 Subd. 14. [MOTOR VEHICLE LIEN.] (a) Upon motion of an 12.6 obligee, if a court finds that the obligor is the registered12.7 owner of a motor vehicle and the obligoris a debtor for a 12.8 judgment debt resulting from nonpayment of court-ordered child 12.9 support or maintenance payments, or both, in an amount equal to 12.10 or greater than three times the obligor's total monthly support 12.11 and maintenance payments, the court shall order the commissioner 12.12 of public safety to enter a lien in the name of the obligee or 12.13 in the name of the state of Minnesota, as appropriate, in 12.14 accordance with section 168A.05, subdivision 8, unless the court 12.15 finds that the obligor is in compliance with a written payment 12.16 agreement regarding both current support and arrearages approved 12.17 by the court, an administrative law judge, or the public 12.18 authority or that the obligor's interest in the motor vehicle is12.19 valued at less than $4,500. The court's order must be stayed 12.20 for 90 days in order to allow the obligor to eitherexecute a 12.21 written payment agreement regarding both current support and 12.22 arrearages, which agreement shall be approved by either the 12.23 court or the public authority responsible for child support 12.24 enforcement , or to allow the obligor to demonstrate that the12.25 ownership interest in the motor vehicle is valued at less than12.26 $4,500. If the obligor has not executed or is not in compliance 12.27 with a written payment agreement regarding both current support 12.28 and arrearages approved by the court, an administrative law 12.29 judge, or the public authority or has not demonstrated that the12.30 ownership interest in the motor vehicle is valued at less than12.31 $4,500within the 90-day period, the court's order becomes 12.32 effective and the commissioner of public safety shall record the 12.33 lien on any motor vehicle certificate of title subsequently 12.34 issued in the name of the obligor. The remedy under this 12.35 subdivision is in addition to any other enforcement remedy 12.36 available to the court. 13.1 (b) If a public authority responsible for child support 13.2 enforcement determines that the obligor is the registered owner13.3 of a motor vehicle and the obligoris a debtor for judgment debt 13.4 resulting from nonpayment of court-ordered child support or 13.5 maintenance payments, or both, in an amount equal to or greater 13.6 than three times the obligor's total monthly support and 13.7 maintenance payments, the public authority shall direct the 13.8 commissioner of public safety to enter a lien in the name of the 13.9 obligee or in the name of the state of Minnesota, as 13.10 appropriate, under section 168A.05, subdivision 8, on any motor 13.11 vehicle certificate of title subsequently issued in the name of 13.12 the obligor unless the public authority determines that the 13.13 obligor is in compliance with a written payment agreement 13.14 regarding both current support and arrearages approved by the 13.15 court, an administrative law judge, or the public authority or13.16 that the obligor's ownership interest in the motor vehicle is13.17 valued at less than $4,500. The remedy under this subdivision 13.18 is in addition to any other enforcement remedy available to the 13.19 public agency. 13.20 (c) At least 90 days prior to notifying the commissioner of 13.21 public safety pursuant to paragraph (b), the public authority 13.22 must mail a written notice to the obligor at the obligor's last 13.23 known address, that it intends to record a lien on the obligor's13.24 any motor vehicle certificate of title subsequently issued in 13.25 the name of the obligor and that the obligor must request a 13.26 hearing within 30 days in order to contest the action. If the 13.27 obligor makes a written request for a hearing within 30 days of 13.28 the date of the notice, either a court hearing or a contested 13.29 administrative proceeding must be held under section 518.5511, 13.30 subdivision 4. Notwithstanding any law to the contrary, the 13.31 obligor must be served with 14 days' notice in writing 13.32 specifying the time and place of the hearing and the allegations 13.33 against the obligor. The notice may be served personally or by 13.34 mail. If the public authority does not receive a request for a 13.35 hearing within 30 days of the date of the notice and the obligor 13.36 does not execute or is not in compliance with a written payment 14.1 agreement regarding both current support and arrearages approved 14.2 by the court, an administrative law judge, or thepublic 14.3 authority or demonstrate to the public authority that the14.4 obligor's ownership interest in the motor vehicle is valued at14.5 less than $4,500within 90 days of the date of the notice, the 14.6 public authority shall direct the commissioner of public safety 14.7 to record the lien under paragraph (b). 14.8 (d) At a hearing requested by the obligor under paragraph 14.9 (c), and on finding that the obligor is in arrears in 14.10 court-ordered child support or maintenance payments or both in 14.11 an amount equal to or greater than three times the obligor's 14.12 total monthly support and maintenance payments, the district 14.13 court or the administrative law judge shall order the 14.14 commissioner of public safety to record the lien unless the 14.15 court or administrative law judge determines that :14.16 (1)the obligor has executed and is in compliance with a 14.17 written payment agreement regarding both current support and 14.18 arrearages determined to be acceptable by the court, an 14.19 administrative law judge, or the public authority ; or14.20 (2) the obligor has demonstrated that the ownership14.21 interest in the motor vehicle is valued at less than $4,500. 14.22 (e) An obligor who has had a lien recorded against a motor14.23 vehicle certificate of titlemay provide proof to the court or 14.24 the public authority responsible for child support enforcement 14.25 that the obligor is in compliance with all written payment 14.26 agreements regarding both current support and arrearages or that 14.27 the value of the motor vehicle is less than the exemption 14.28 provided under section 550.37. Within 15 days of the receipt of 14.29 that proof, the court or public authority shall either execute a 14.30 release of security interest under section 168A.20, subdivision 14.31 4, and mail or deliver the release to the owner or other 14.32 authorized person or shall direct the commissioner of public 14.33 safety not to enter a lien on any motor vehicle certificate of 14.34 title subsequently issued in the name of the obligor in 14.35 instances where a lien has not yet been entered. The dollar14.36 amounts in this section shall change periodically in the manner15.1 provided in section 550.37, subdivision 4a.15.2 (f) Any lien recorded against a motor vehicle certificate 15.3 of title under this section and section 168A.05, subdivision 8, 15.4 attaches only to the nonexempt value of the motor vehicle as 15.5 determined in accordance with section 550.37. The value of a 15.6 motor vehicle must be determined in accordance with the retail 15.7 value described in the N.A.D.A. Official Used Car Guide, Midwest 15.8 Edition, for the current year, or in accordance with the 15.9 purchase price as defined in section 297B.01, subdivision 8. 15.10 Sec. 18. Minnesota Statutes 1996, section 518.5511, 15.11 subdivision 1, is amended to read: 15.12 Subdivision 1. [GENERAL.] (a) An administrative process is 15.13 established to obtain, modify, and enforce child and medical 15.14 support orders and parentage orders and modifyenforce 15.15 maintenance if combined with a child support proceeding. All 15.16 laws governing these actions apply insofar as they are not 15.17 inconsistent with the provisions of this section and section 15.18 518.5512. Wherever other laws or rules are inconsistent with 15.19 this section and section 518.5512, the provisions in this 15.20 section and section 518.5512 shall apply. 15.21 (b) All proceedings for obtaining, modifying, or enforcing 15.22 child and medical support orders and modifyingenforcing 15.23 maintenance orders if combined with a child support proceeding, 15.24 are required to be conducted in the administrative process when 15.25 the public authority is a party or provides services to a party 15.26 or parties to the proceedings. Cases in which there is no 15.27 assignment of support or in which the public authority is not 15.28 providing services may not be conducted in the administrative 15.29 process. At county option, the administrative process may 15.30 include contempt motions or actions to establish parentage. 15.31 Nothing contained herein shall prevent a party, upon timely 15.32 notice to the public authority, from commencing an action or 15.33 bringing a motion for the establishment, modification, or 15.34 enforcement of child support or modificationenforcement of 15.35 maintenance orders if combined with a child support proceeding 15.36 in district court, if additional issues involving domestic 16.1 abuse, establishment or modification of custody or visitation, 16.2 property issues, or other issues outside the jurisdiction of the 16.3 administrative process, are part of the motion or action, or 16.4 from proceeding with a motion or action brought by another party 16.5 containing one or more of these issues if it is pending in 16.6 district court. 16.7 (c) A party may make a written request to the public 16.8 authority to initiate an uncontested administrative proceeding. 16.9 If the public authority denies the request, the public authority 16.10 shall issue a summarynotice of denial which denies the request 16.11 for relief within 30 days of receiving the written request, 16.12 states the reasons for the denial, and notifies the party of the 16.13 right to commence an action for reliefproceed directly to a 16.14 contested administrative proceeding according to subdivision 3a, 16.15 paragraph (a). If the party commences an action or serves and16.16 files a motionproceeds directly to a contested hearing and 16.17 files the requisite documents, as provided by the commissioner, 16.18 with the court administrator within 30 days after the public 16.19 authority's denial and the party's action results in a 16.20 modification of a child support order, the modification may be 16.21 retroactive to the date the written request was received by the 16.22 public authority. If the public authority accepts the request 16.23 and proceeds with the uncontested administrative process, any 16.24 order or modification may be retroactive to the date the written 16.25 request was received by the public authority. 16.26 (d) After August 1, 1994, all counties shall participate in16.27 the administrative process established in this section in16.28 accordance with a statewide implementation plan to be set forth16.29 by the commissioner of human services. No county shall be16.30 required to participate in the administrative process until16.31 after the county has been trained. The implementation plan16.32 shall include provisions for training the counties by region no16.33 later than July 1, 1995.The public authority may initiate 16.34 actions in the administrative process. 16.35 (e) For the purpose of the administrative process, all 16.36 powers, duties, and responsibilities conferred on judges of 17.1 district court to obtain and enforce child and medical support 17.2 and parentage and maintenance obligations, subject to the 17.3 limitations of this section are conferred on administrative law 17.4 judges, including the power to determine controlling interstate 17.5 orders, and to issue subpoenas, orders to show cause, and bench 17.6 warrants for failure to appear. 17.7 The administrative law judge has the authority to enter 17.8 parentage orders in which the custody and visitation provisions 17.9 are uncontested. 17.10 (f) Nonattorney employees of the public authority 17.11 responsible for child support may prepare, sign, serve, and file 17.12 complaints, motions, notices, summary notices, proposed orders, 17.13 default orders, consent orders, orders for blood or genetic 17.14 tests, and other documents related to the administrative process 17.15 for obtaining, modifying, or enforcing child and medical support 17.16 orders, orders establishing paternity, and related documents, 17.17 and orders to enforce maintenance if combined with a child 17.18 support order. The nonattorney employee may issue 17.19 administrative subpoenas, conduct prehearing conferences, and 17.20 participate in proceedings before an administrative law judge. 17.21 This activity shall not be considered to be the unauthorized 17.22 practice of law. Nonattorney employees may not represent the 17.23 interests of any party other than the public authority, and may 17.24 not give legal advice. The nonattorney employees may act 17.25 subject to the limitations of section 518.5512. 17.26 (g) Any party may make a written request to the office of 17.27 administrative hearings for a subpoena compelling the attendance 17.28 of a witness or the production of books, papers, records, or 17.29 other documents relevant to the administrative process. 17.30 Subpoenas are enforceable through the district court. The 17.31 public authority may also request a subpoena from the office of 17.32 administrative hearings for the production of a witness or 17.33 documents. The nonattorney employee of the public authority may 17.34 issue subpoenas subject to the limitations in section 518.5512, 17.35 subdivision 6, paragraph (a), clause (2). 17.36 (h) At all stages of the administrative process, the county 18.1 attorney, or other attorney under contract, shall act as the 18.2 legal adviser for the public authority. 18.3 (i) The commissioner of human services shall: 18.4 (1) provide training to child support officers and other 18.5 persons involved in the administrative process; 18.6 (2) timely prepare simple and easy to understand forms, in 18.7 consultation with the office of administrative hearings, for all 18.8 notices and orders prescribed in this section, including a 18.9 support order worksheet form, with the exception of orders 18.10 issued by the district court or the office of administrative 18.11 hearings under subdivision 4; and 18.12 (3) distribute money to cover the costs of the 18.13 administrative process, including the salaries of administrative 18.14 law judges. If available appropriations are insufficient to 18.15 cover the costs, the commissioner shall prorate the amount among 18.16 the counties. 18.17 (j) The commissioner of human services, in consultation 18.18 with the office of administrative hearings, is responsible for 18.19 the supervision of the administrative process. 18.20 (k) The public authority, the office of administrative 18.21 hearings, court administrators, and other entities involved in 18.22 the administrative process shall use the forms prepared by the 18.23 commissioner. 18.24 (l) The office of administrative hearings may reject orders 18.25 that have not been prepared using the commissioner's forms or on 18.26 forms that have not been approved by the commissioner. 18.27 (m) The office of administrative hearings is responsible 18.28 for training and monitoring the performance of administrative 18.29 law judges, maintaining records of proceedings, providing 18.30 transcripts upon request, and maintaining the integrity of the 18.31 district court file. 18.32 Sec. 19. Minnesota Statutes 1996, section 518.5511, 18.33 subdivision 2, is amended to read: 18.34 Subd. 2. [UNCONTESTED ADMINISTRATIVE PROCEEDING.] (a) A18.35 party may petition the chief administrative law judge, the chief18.36 district court judge, or the chief family court referee to19.1 proceed immediately to a contested hearing upon good cause shown.19.2 (b) The public authority shall give the parties written19.3 notice requesting the submission of information necessary for19.4 the public authority to prepare a proposed order. The written19.5 notice shall be sent by first class mail to the parties' last19.6 known addresses. The written notice shall describe the19.7 information requested, state the purpose of the request, state19.8 the date by which the information must be postmarked or received19.9 (which shall be at least 30 days from the date of the mailing of19.10 the written notice), state that if the information is not19.11 postmarked or received by that date, the public authority will19.12 prepare a proposed order on the basis of the information19.13 available, and identify the type of information which will be19.14 considered.19.15 (c)Following the submission of information or following19.16 the date when the information was duethe initiation of the 19.17 administrative process under subdivision 1, paragraph (c) or 19.18 (d), the public authority shall, on the basis of all information 19.19 available, complete and sign a proposed order and notice. The 19.20 public authority shall attach a support order worksheet. In 19.21 preparing the proposed order, the public authority will 19.22 establish child support in the highest amount permitted under 19.23 section 518.551, subdivision 5. The proposed order shall 19.24 include written findings in accordance with section 518.551, 19.25 subdivision 5, clauses (i) and (j). If the public authority has 19.26 incomplete or insufficient information upon which to prepare a 19.27 proposed order, the public authority shall use the default 19.28 standard established in section 518.551, subdivision 5b, 19.29 paragraph (d), to prepare the proposed order. The notice shall 19.30 state that the proposed order will be entered as a final and 19.31 binding default order unless one of the parties requests a19.32 conference under subdivision 3contacts the public authority 19.33 regarding the proposed order within 2130 days following the 19.34 date of service of the proposed order. The method for19.35 requesting the conference shall be stated in the notice.The 19.36 notice and proposed order shall be served under the rules of 20.1 civil procedure on the noninitiating party and by first class 20.2 mail on the initiating party. After receipt of the notice and 20.3 proposed order, the court administrator shall file the documents. 20.4 For the purposes of the contested hearingadministrative 20.5 process, and notwithstanding any law or rule to the contrary, 20.6 the service of the proposed order pursuant tounder this 20.7 paragraph shall be deemed to have commenced a proceeding and the 20.8 judge , including an administrative law judge or a referee,shall 20.9 have jurisdiction over thea contested hearingadministrative 20.10 proceeding. 20.11 (d)(b) If a conference under subdivision 3 is not20.12 requestedthe public authority is not contacted by a party 20.13 within 2130 days after the date of service of the proposed 20.14 order, the public authority may submit the proposed order as the 20.15 default order. The default order becomes enforceable upon 20.16 signature by an administrative law judge , district court judge,20.17 or referee. The public authority may also prepare and serve a20.18 new notice and proposed order if new information is subsequently20.19 obtained.The default order shall be a final order, and shall 20.20 be served under the rules of civil procedure. 20.21 (c) If the public authority obtains new information after 20.22 service of the proposed order, the public authority may prepare 20.23 one notice and revised proposed order. The revised order must 20.24 be served by first class mail on the parties. If the public 20.25 authority is not contacted within seven days after the date of 20.26 service of the revised order, the public authority may submit 20.27 the revised order as a default order but in no event sooner than 20.28 30 days after the service of the original proposed order. 20.29 (e)(d) The public authority shall file in the district 20.30 court copies of all notices served on the parties, proof of 20.31 service, the support order worksheet, and all orders. 20.32 Sec. 20. Minnesota Statutes 1996, section 518.5511, 20.33 subdivision 3, is amended to read: 20.34 Subd. 3. [ADMINISTRATIVE CONFERENCE.] (a) If a party 20.35 requests a conferencecontacts the public authority within 2130 20.36 days of the date of service of the proposed order, and the 21.1 public authority does not choose to proceed directly to a 21.2 contested administrative proceeding, the public authority shall 21.3 schedule a conference, and shall servesend written notice of 21.4 the date, time, and place of the conference and the date, time, 21.5 and place of a contested administrative proceeding in the event 21.6 the administrative conference fails to resolve all of the issues 21.7 on the parties. The public authority may request any additional 21.8 information necessary to establish child support. The public 21.9 authority may choose to go directly to a contested 21.10 administrative proceeding and is not required to conduct an 21.11 administrative conference. The date of the contested 21.12 administrative proceeding must be set within 31 days of the 21.13 administrative conference or not more than 60 days from the date 21.14 of the notice of the administrative conference. A request for a 21.15 continuance must be made to the chief administrative law judge 21.16 according to Minnesota Rules, part 1400.7500. 21.17 (b) The purpose of the conference is to review all 21.18 available information and seek an agreement to entera consent 21.19 order. The notice shall state the purpose of the conference, 21.20 and that the proposed order will be entered as a final and 21.21 binding default order if the requesting party failsboth parties 21.22 fail to appear at the conference. The notice must also state 21.23 that if only one party appears at the conference and there is no 21.24 new information provided, the matter shall proceed by default. 21.25 The notice shall be served on the parties by first class mail at 21.26 their last known addresses, and the method of service shall be 21.27 documented in the public authority file. All available and 21.28 relevant information must be shared with the parties at the 21.29 conference subject to the limitations of sections 256.87, 21.30 subdivision 8, 257.70, and 518.005, subdivision 5. If a 21.31 conference is not held, information which would have been shared 21.32 at the conference by the public authority must be provided to a 21.33 party or the party's attorney within 15 days of receipt of a 21.34 written request. 21.35 (c) A party alleging domestic abuse by the other party 21.36 shall not be required to participate in a conference. In such a 22.1 case, the public authority shall meet separately with the 22.2 parties in order to determine whether an agreement can be 22.3 reached. 22.4 (d) If all parties appear at the conference and agree to 22.5 all issues, and the public authority approves the agreement, the 22.6 public authority shall prepare a consent order for the parties 22.7 and the public authority to sign. The public authority shall 22.8 submit the consent order to the administrative law judge. Upon 22.9 signature, the order is a final order and must be served on the 22.10 parties by first class mail. 22.11 (d) If the party requesting the conference does not appear22.12 and fails to provide a written excuse (with supporting22.13 documentation if relevant) to the public authority within seven22.14 days after the date of the conference which constitutes good22.15 cause(e) If only one party appears at the conference and there 22.16 is no new information available, or if both of the parties fail 22.17 to appear at the conference, the public authority may enter22.18 submit a default order through the uncontested administrative 22.19 process. The public authority shall not enter the default order22.20 until at least seven days after the date of the conference.22.21 For purposes of this section, misrepresentation, excusable22.22 neglect, or circumstances beyond the control of the person who22.23 requested the conference which prevented the person's appearance22.24 at the conference constitutes good cause for failure to appear.22.25 If the public authority finds good cause, the conference shall22.26 be rescheduled by the public authority and the public authority22.27 shall send notice as required under this subdivision.If only 22.28 one party appears at the conference and there is new information 22.29 available, the matter shall proceed directly to the scheduled 22.30 contested administrative proceeding. 22.31 (e)(f) If the parties appear at the conference , the public22.32 authority shall seekand do not reach agreement of the parties22.33 to the entry of a consent order which establishes child support22.34 in accordance with applicable law., the public authority shall 22.35 advise the parties that if a consent order is not entered,the 22.36 matter will beremains scheduled for a hearing before an23.1 administrative law judge, or a district court judge or23.2 refereecontested administrative proceeding, and that the public 23.3 authority will seek the establishment of child support at 23.4 the hearingproceeding in accordance with the highest amount23.5 permitted under section 518.551, subdivision 5. If an agreement23.6 to enter the consent order is not reached at the conference, the23.7 public authority shall schedule the matter for a contested23.8 hearingchild support guidelines. 23.9 (f) If an agreement is reached by the parties at the23.10 conference, a consent order shall be prepared by the public23.11 authority, and shall be signed by the parties. All consent and23.12 default orders shall be signed by the nonattorney employee of23.13 the public authority and shall be submitted to an administrative23.14 law judge or the district court for approval and signature. The23.15 order is enforceable upon the signature by the administrative23.16 law judge or the district court. The consent order shall be23.17 served on the parties under the rules of civil procedure.23.18 (g) If one or both of the parties appear at the 23.19 administrative conference and there is new information that 23.20 makes the proposed order unreasonable or inappropriate, the 23.21 public authority may issue a revised proposed order pursuant to 23.22 subdivision 2, paragraph (c), or proceed directly to a contested 23.23 administrative proceeding. 23.24 Sec. 21. Minnesota Statutes 1996, section 518.5511, is 23.25 amended by adding a subdivision to read: 23.26 Subd. 3a. [ALTERNATIVE ADMINISTRATIVE RESOLUTIONS.] (a)(1) 23.27 Any party may proceed directly to a contested administrative 23.28 proceeding under subdivision 4 by making a written request to 23.29 the public authority. After the public authority receives a 23.30 written request, the public authority shall request or schedule 23.31 a contested administrative proceeding and inform the requester 23.32 of the date, time, and place of the hearing. The public 23.33 authority shall also provide the requester with the contested 23.34 administrative documents necessary for the proceeding. These 23.35 documents must be completed by the requester, served on the 23.36 other party and the public authority, and filed with the court 24.1 administrator at least 21 days before the hearing. If the 24.2 documents are not filed with the court administrator, the 24.3 contested administrative proceeding must be canceled unless the 24.4 public authority or a party objects. 24.5 (2) The public authority may also proceed directly to a 24.6 contested administrative proceeding. 24.7 (b) At any time in the administrative process, including 24.8 prior to the issuance of the proposed order, if the parties and 24.9 the public authority are in agreement, the public authority 24.10 shall prepare a consent order to be signed by the public 24.11 authority and the parties. The parties must waive any of their 24.12 rights to the notices and time frames required by this section. 24.13 The public authority shall submit the order to the 24.14 administrative law judge. Upon signature by the court, the 24.15 order is a final order and must be filed with the court 24.16 administrator and served by first class mail on the parties. 24.17 Sec. 22. Minnesota Statutes 1996, section 518.5511, 24.18 subdivision 4, is amended to read: 24.19 Subd. 4. [CONTESTED ADMINISTRATIVE PROCEEDING.] (a) All 24.20 counties shall participate in the contested administrative 24.21 process established in this section as designated in a statewide 24.22 implementation plan to be set forth by the commissioner of human 24.23 services. No county shall be required to participate in the 24.24 contested administrative process until after the county has been 24.25 trained. The contested administrative process shall be in 24.26 operation in all counties no later than July 1, 1998 , with the24.27 exception of Hennepin county which shall have a pilot program in24.28 operation no later than July 1, 1996. 24.29 The Hennepin county pilot program shall be jointly planned,24.30 implemented, and evaluated by the department of human services,24.31 the office of administrative hearings, the fourth judicial24.32 district court, and Hennepin county. The pilot program shall24.33 provide that one-half of the case load use the contested24.34 administrative process. The pilot program shall include an24.35 evaluation which shall be conducted after one year of program24.36 operation. A preliminary evaluation report shall be submitted25.1 by the commissioner to the legislature by March 1, 1997. A25.2 final evaluation report shall be submitted by the commissioner25.3 to the legislature by January 15, 1998. The pilot program shall25.4 continue pending final decision by the legislature, or until the25.5 commissioner determines that the pilot program shall discontinue25.6 and that Hennepin county shall not participate in the contested25.7 administrative process.25.8 In counties designated by the commissioner, contested 25.9 hearingsadministrative proceedings required under this section 25.10 shall be scheduled before administrative law judges, and shall 25.11 be conducted in accordance with the provisions under this 25.12 section. In counties not designated by the commissioner, 25.13 contested hearingsadministrative proceedings shall be conducted 25.14 in district court in accordance with the rules of civil 25.15 procedure and the rules of family court. 25.16 (b) An administrative law judge may conduct hearings25.17 administrative proceedings and approve a stipulation reached on 25.18 a contempt motion brought by the public authority. Any 25.19 stipulation that involves a finding of contempt and a jail 25.20 sentence, whether stayed or imposed, shall require the review 25.21 and signature of a district court judge. 25.22 (c) A party, witness, or attorney may appear or testify by 25.23 telephone, audiovisual means, or other electronic means, at the 25.24 discretion of the administrative law judge. 25.25 (d) Before implementing the process in a county, the chief 25.26 administrative law judge, the commissioner of human services, 25.27 the director of the county human services agency, the county 25.28 attorney, the county court administrator, and the county sheriff 25.29 shall jointly establish procedures, and the county shall provide 25.30 hearing facilities for implementing this process in the county. 25.31 A contested administrative hearingproceeding shall be conducted 25.32 in a courtroom, if one is available, or a conference or meeting 25.33 room with at least two exits and of sufficient size to permit 25.34 adequate physical separation of the parties. The court 25.35 administrator shall, to the extent practical, provide 25.36 administrative support for the contested hearingadministrative 26.1 proceeding. Security personnel shall either be present during 26.2 the administrative hearingsproceedings, or be available to 26.3 respond to a request for emergency assistance. 26.4 (e) The contested administrative hearings shall be 26.5 conducted under the rules of the office of administrative 26.6 hearings, Minnesota Rules, parts 1400.5275, 1400.5500, 1400.6000 26.7 to 1400.6400, 1400.6600 to 1400.7000, 1400.7100 to 1400.7500, 26.8 1400.7700, 1400.7800, and 1400.8100, as adopted by the chief 26.9 administrative law judge. For matters not initiated under 26.10 subdivision 2, documents from the moving party shall be served 26.11 and filed at least 2114 days prior to the hearing and the 26.12 opposing party shall serve and file documents raising new issues 26.13 at least ten days prior to the hearing. In all contested 26.14 administrative proceedings, the administrative law judge may 26.15 limit the extent and timing of discovery. Except as provided 26.16 under this section, other aspects of the case, including, but 26.17 not limited to, discovery, shall be conducted under the rules of 26.18 family court, the rules of civil procedure, and chapter 518. 26.19 (f) Pursuant toFollowing a contested administrative 26.20 hearing, the administrative law judge shall make findings of 26.21 fact, conclusions, and a final decision and issue an order. 26.22 Orders issued by an administrative law judge may be enforceable 26.23 by the contempt powers of the district courts. 26.24 (g) At the time the matter is scheduled for a contested 26.25 hearingadministrative proceeding, the public authority shall 26.26 file in the district court copies of all relevant documents sent 26.27 to or received from the parties that have been provided to all 26.28 parties, in addition to theany documents filed under 26.29 subdivision 2, paragraph (e)(d). These documents may be used 26.30 as evidence by the judge in deciding the case without need for 26.31 further foundation testimony. For matters scheduled for a 26.32 contested hearingadministrative proceeding which were not 26.33 initiated under subdivision 2, the public authority shall obtain 26.34 any income information available to the public authority through 26.35 the department of economic security and serve this information 26.36 on all parties and file the information with the court at least 27.1 five days prior to the hearing. 27.2 (h) If only one party appears at the contested 27.3 administrative proceeding, a hearing must be conducted. The 27.4 administrative law judge shall prepare an order and file it with 27.5 the district court. The court shall serve the order on the 27.6 parties by first class mail at the last known address and shall 27.7 provide a copy of the order to the public authority. 27.8 (i) If neither party appears at the contested 27.9 administrative proceeding and no new information has been 27.10 submitted or made available to the court or public authority, 27.11 the public authority shall submit the default order to the 27.12 administrative law judge for signature. If neither party 27.13 appears and new information is available to the court or public 27.14 authority, the administrative law judge shall prepare an order 27.15 based on the new information. The court shall serve the order 27.16 on the parties by first class mail at the last known address and 27.17 shall provide a copy of the order to the public authority. 27.18 (j) The decision and order of the administrative law judge 27.19 is appealable to the court of appeals in the same manner as a 27.20 decision of the district court. 27.21 Sec. 23. Minnesota Statutes 1996, section 518.5512, 27.22 subdivision 3, is amended to read: 27.23 Subd. 3. [COST-OF-LIVING ADJUSTMENT.] The notice of27.24 application for adjustment shall be treated as a proposed order27.25 under section 518.5511, subdivision 2, paragraph (c).The 27.26 public authority shall send notice of its application for a 27.27 cost-of-living adjustment on the obligor in accord with section 27.28 518.641. The public authority shall stay the adjustment of 27.29 support upon receipt by the public authority of a request for an27.30 administrative conferenceby the obligor to proceed directly to 27.31 a contested administrative proceeding under section 518.5511, 27.32 subdivision 4. An obligor requesting an administrative27.33 conference shall provide all relevant information that27.34 establishes an insufficient increase in income to justify the27.35 adjustment of the support obligation. If the obligor fails to27.36 submit any evidence at the administrative conference, the28.1 cost-of-living adjustment will immediately go into effect.28.2 Sec. 24. Minnesota Statutes 1996, section 518.5512, is 28.3 amended by adding a subdivision to read: 28.4 Subd. 3a. [FORM.] The public authority shall prepare and 28.5 make available to the court and obligors a form, to be submitted 28.6 to the public authority by the obligor, to request to proceed 28.7 directly to a contested administrative proceeding regarding a 28.8 cost-of-living adjustment. 28.9 Sec. 25. Minnesota Statutes 1996, section 518.553, is 28.10 amended to read: 28.11 518.553 [PAYMENT AGREEMENTS.] 28.12 In proposing or approving proposed written payment 28.13 agreements for purposes of section 518.551, the court, an 28.14 administrative law judge, or the public authority shall take 28.15 into consideration the amount of the arrearages, the amount of 28.16 the current support order, any pending request for modification, 28.17 and the earnings of the obligor. The court, administrative law 28.18 judge, or public authority shall consider the individual 28.19 financial circumstances of each obligor in evaluating the 28.20 obligor's ability to pay any proposed payment agreement and 28.21 shall propose a reasonable payment agreement tailored to the 28.22 individual financial circumstances of each obligor. 28.23 Sec. 26. Minnesota Statutes 1996, section 518.5852, is 28.24 amended to read: 28.25 518.5852 [CENTRAL COLLECTIONS UNIT.] 28.26 The commissioner of human services shall create and 28.27 maintain a central collections unit for the purpose of 28.28 receiving, processing, and disbursing payments, and for 28.29 maintaining a record of payments, in all cases in which: 28.30 (1) the state or county is a party; 28.31 (2) the state or county provides child support enforcement 28.32 services to a party; or 28.33 (3) payment is collected through income withholding. 28.34 The commissioner of human servicesmay contract for 28.35 services to carry out these provisions, provided that the 28.36 commissioner first meets and negotiates with the affected 29.1 exclusive representatives. 29.2 Sec. 27. [518.618] [CASE REVIEWER.] 29.3 The commissioner shall make a case reviewer available to 29.4 obligors and obligees. The reviewer must be available to answer 29.5 questions concerning the collection process and to review the 29.6 collection activity taken. A reviewer who reasonably believes 29.7 that a particular action being taken is unreasonable or unfair 29.8 may make recommendations to the commissioner and the applicable 29.9 county in regard to the collection action. 29.10 Sec. 28. [518.619] [COLLECTION; ARREARS ONLY.] 29.11 (a) Remedies available for the collection and enforcement 29.12 of support in this chapter and chapters 256, 257, and 518C also 29.13 apply to cases in which the child or children for whom support 29.14 is owed are emancipated and the obligor owes past support or has 29.15 an accumulated arrearage as of the date of the youngest child's 29.16 emancipation. Child support arrearages under this section 29.17 include arrearages for child support, medical support, child 29.18 care, pregnancy and birth expenses, and unreimbursed medical 29.19 expenses as defined in section 518.171. 29.20 (b) This section applies retroactively to any support 29.21 arrearage that accrued on or before the date of enactment and to 29.22 all arrearages accruing after the date of enactment. 29.23 Sec. 29. Minnesota Statutes 1996, section 518.64, 29.24 subdivision 2, is amended to read: 29.25 Subd. 2. [MODIFICATION.] (a) The terms of an order 29.26 respecting maintenance or support may be modified upon a showing 29.27 of one or more of the following: (1) substantially increased or 29.28 decreased earnings of a party; (2) substantially increased or 29.29 decreased need of a party or the child or children that are the 29.30 subject of these proceedings; (3) receipt of assistance under 29.31 sections 256.72 to 256.87 or 256B.01 to 256B.40; (4) a change in 29.32 the cost of living for either party as measured by the federal 29.33 bureau of statistics, any of which makes the terms unreasonable 29.34 and unfair; (5) extraordinary medical expenses of the child not 29.35 provided for under section 518.171; or (6) the addition of 29.36 work-related or education-related child care expenses of the 30.1 obligee or a substantial increase or decrease in existing 30.2 work-related or education-related child care expenses. 30.3 (b) It is presumed that there has been a substantial change 30.4 in circumstances under clause (1), (2), or (4)paragraph (a) and 30.5 the terms of a current support order shall be rebuttably 30.6 presumed to be unreasonable and unfair if: 30.7 (1) the application of the child support guidelines in 30.8 section 518.551, subdivision 5, to the current circumstances of 30.9 the parties results in a calculated court order that is at least 30.10 20 percent and at least $50 per month higher or lower than the 30.11 current support order .; 30.12 (2) the medical support provisions of the order established 30.13 under section 518.171 are not enforceable by the public 30.14 authority or the custodial parent; 30.15 (3) health coverage ordered under section 518.171 is not 30.16 available to the child for whom the order is established by the 30.17 parent ordered to provide; or 30.18 (4) the existing support obligation is in the form of a 30.19 statement of percentage and not a specific dollar amount. 30.20 (b)(c) On a motion for modification of maintenance, 30.21 including a motion for the extension of the duration of a 30.22 maintenance award, the court shall apply, in addition to all 30.23 other relevant factors, the factors for an award of maintenance 30.24 under section 518.552 that exist at the time of the motion. On 30.25 a motion for modification of support, the court: 30.26 (1) shall apply section 518.551, subdivision 5, and shall 30.27 not consider the financial circumstances of each party's spouse, 30.28 if any; and 30.29 (2) shall not consider compensation received by a party for 30.30 employment in excess of a 40-hour work week, provided that the 30.31 party demonstrates, and the court finds, that: 30.32 (i) the excess employment began after entry of the existing 30.33 support order; 30.34 (ii) the excess employment is voluntary and not a condition 30.35 of employment; 30.36 (iii) the excess employment is in the nature of additional, 31.1 part-time employment, or overtime employment compensable by the 31.2 hour or fractions of an hour; 31.3 (iv) the party's compensation structure has not been 31.4 changed for the purpose of affecting a support or maintenance 31.5 obligation; 31.6 (v) in the case of an obligor, current child support 31.7 payments are at least equal to the guidelines amount based on 31.8 income not excluded under this clause; and 31.9 (vi) in the case of an obligor who is in arrears in child 31.10 support payments to the obligee, any net income from excess 31.11 employment must be used to pay the arrearages until the 31.12 arrearages are paid in full. 31.13 (c)(d) A modification of support or maintenance may be 31.14 made retroactive only with respect to any period during which 31.15 the petitioning party has pending a motion for modification but 31.16 only from the date of service of notice of the motion on the 31.17 responding party and on the public authority if public 31.18 assistance is being furnished or the county attorney is the 31.19 attorney of record. However, modification may be applied to an 31.20 earlier period if the court makes express findings that: 31.21 (1) the party seeking modification was precluded from 31.22 serving a motion by reason of a significant physical or mental 31.23 disability, a material misrepresentation of another party, or 31.24 fraud upon the court and that the party seeking modification, 31.25 when no longer precluded, promptly served a motion; 31.26 (2) the party seeking modification was a recipient of 31.27 federal Supplemental Security Income (SSI), Title II Older 31.28 Americans, Survivor's Disability Insurance (OASDI), other 31.29 disability benefits, or public assistance based upon need during 31.30 the period for which retroactive modification is sought; or 31.31 (3) the order for which the party seeks amendment was 31.32 entered by default, the party shows good cause for not 31.33 appearing, and the record contains no factual evidence, or 31.34 clearly erroneous evidence regarding the individual obligor's 31.35 ability to pay. 31.36 The court may provide that a reduction in the amount 32.1 allocated for child care expenses based on a substantial 32.2 decrease in the expenses is effective as of the date the 32.3 expenses decreased. 32.4 (d)(e) Except for an award of the right of occupancy of 32.5 the homestead, provided in section 518.63, all divisions of real 32.6 and personal property provided by section 518.58 shall be final, 32.7 and may be revoked or modified only where the court finds the 32.8 existence of conditions that justify reopening a judgment under 32.9 the laws of this state, including motions under section 518.145, 32.10 subdivision 2. The court may impose a lien or charge on the 32.11 divided property at any time while the property, or subsequently 32.12 acquired property, is owned by the parties or either of them, 32.13 for the payment of maintenance or support money, or may 32.14 sequester the property as is provided by section 518.24. 32.15 (e)(f) The court need not hold an evidentiary hearing on a 32.16 motion for modification of maintenance or support. 32.17 (f)(g) Section 518.14 shall govern the award of attorney 32.18 fees for motions brought under this subdivision. 32.19 Sec. 30. Minnesota Statutes 1996, section 518.641, 32.20 subdivision 2, is amended to read: 32.21 Subd. 2. [CONDITIONS.] No adjustment under this section 32.22 may be made unless the order provides for it and until the 32.23 following conditions are met: 32.24 (a) the obligee or public authorityserves notice of its32.25 the application for adjustment by mail on the obligor at the 32.26 obligor's last known address at least 20 days before the 32.27 effective date of the adjustment; 32.28 (b) the notice to the obligor informs the obligor of the 32.29 date on which the adjustment in payments will become effective; 32.30 and32.31 (c) after receipt of notice and before the effective day of 32.32 the adjustment, the obligor fails to request a hearing on the 32.33 issue of whether the adjustment should take effect, and ex 32.34 parte, to stay imposition of the adjustment pending outcome of 32.35 the hearing; or 32.36 (d) the public authority sends notice of its application 33.1 for adjustment to the obligor at the obligor's last known 33.2 address at least 20 days before the effective date of the 33.3 adjustment, and the notice informs the obligor of the date on 33.4 which the adjustment will become effective and the procedures 33.5 for contesting the adjustment according to section 518.5512. 33.6 Sec. 31. Minnesota Statutes 1996, section 609.375, is 33.7 amended by adding a subdivision to read: 33.8 Subd. 7. [CONDITIONS OF WORK RELEASE; PROBATION 33.9 VIOLATION.] Upon conviction under this section, a defendant may 33.10 obtain work release only upon the imposition of an automatic 33.11 income withholding order, and may be required to post a bond in 33.12 avoidance of jail time and conditioned upon payment of all child 33.13 support owed. Nonpayment of child support is a violation of any 33.14 probation granted following conviction under subdivision 2a. 33.15 Sec. 32. [INDEPENDENT CONTRACTORS.] 33.16 The department of human services shall report to the chairs 33.17 of the judiciary committees in the house of representatives and 33.18 the senate by February 1, 1998, on the state's experience 33.19 including independent contractors for the state in the work 33.20 reporting system. 33.21 Sec. 33. [CHILD SUPPORT ON-TIME PERFORMANCE BONUS 33.22 INCENTIVE PROGRAM.] 33.23 The commissioner shall develop a proposal for a bonus 33.24 incentive program to reward timeliness of child support service 33.25 delivery, including the establishment of orders, the 33.26 modification of orders, and the administrative process. Special 33.27 emphasis must be given to cases where timely delivery of 33.28 services may divert families from public assistance or help 33.29 families exit public assistance with minimal loss of 33.30 time-limited public assistance benefits. The proposal must 33.31 treat current federal law service delivery timelines as minimum 33.32 standards and reward county agencies that surpass the minimum 33.33 standards. Other methods to enhance timely service delivery may 33.34 be considered. The commissioner shall consult with public 33.35 assistance recipients and low-income nonpublic assistance 33.36 recipients in developing the proposal. The commissioner shall 34.1 report and make recommendations to the legislature by January 34.2 15, 1998. 34.3 Sec. 34. [REPEALER.] 34.4 Minnesota Statutes 1996, section 609.375, subdivisions 3, 34.5 4, and 6, are repealed. 34.6 Sec. 35. [EFFECTIVE DATES.] 34.7 Sections 16 and 25 are effective the day following final 34.8 enactment. 34.9 ARTICLE 2 34.10 VISITATION 34.11 Section 1. Minnesota Statutes 1996, section 518.157, is 34.12 amended to read: 34.13 518.157 [ ORIENTATIONPARENT EDUCATION PROGRAM IN 34.14 PROCEEDINGS INVOLVING CHILDREN.] 34.15 Subdivision 1. [IMPLEMENTATION; ADMINISTRATION.] By 34.16 January 1, 1998, the chief judge of each judicial district or a 34.17 designee shall implement one or more parent education programs 34.18 within the judicial district for the purpose of educating 34.19 parents about the impact that divorce, the restructuring of 34.20 families, and judicial proceedings have upon children and 34.21 families; methods for preventing visitation conflicts; and 34.22 dispute resolution options. The chief judge of each judicial 34.23 district or a designee may require that children attend a 34.24 separate education program designed to deal with the impact of 34.25 divorce upon children as part of the parent education program. 34.26 Each parent education program must enable persons to have timely 34.27 and reasonable access to education sessions. 34.28 Subd. 2. [MINIMUM STANDARDS; PLAN.] The Minnesota supreme 34.29 court should promulgate minimum standards for the implementation 34.30 and administration of a parent education program. The chief 34.31 judge of each judicial district or a designee shall submit a 34.32 plan to the Minnesota conference of chief judges for their 34.33 approval that is designed to implement and administer a parent 34.34 education program in the judicial district. The plan must be 34.35 consistent with the minimum standards promulgated by the 34.36 Minnesota supreme court. 35.1 Subd. 3. [ATTENDANCE.] In a proceeding under this 35.2 chapter involving custody, support, or visitation of children,35.3 the court may require the parties toor sections 257.51 to 35.4 257.75 where custody or visitation is contested, the parents of 35.5 a minor child shall attend an orientation and education 35.6 program regarding the proceedings and the impact on the children.35.7 that meets the minimum standards promulgated by the Minnesota 35.8 supreme court. In all other proceedings involving custody, 35.9 support, or visitation the court may order the parents of a 35.10 minor child to attend a parent education program. The program 35.11 shall provide the court with names of persons who fail to attend 35.12 the parent education program as ordered by the court. Persons 35.13 who are separated or contemplating involvement in a dissolution, 35.14 paternity, custody, or visitation proceeding may attend a parent 35.15 education program without a court order. Participation in a 35.16 parent education program must occur as early as possible. 35.17 Parent education programs must offer an opportunity to 35.18 participate at all phases of a pending or postdecree 35.19 proceeding. Upon request of a party and a showing of good 35.20 cause, the court shallmay excuse the party from attending the 35.21 program. Parties may be required to pay a fee to cover the cost35.22 of the program, except that if a party is entitled to proceed in35.23 forma pauperis under section 563.01, the court shall waive the35.24 fee or direct its payment under section 563.01.If past or 35.25 present domestic abuse, as defined in chapter 518B, is alleged, 35.26 the court mayshall not require the parties to attend the 35.27 same orientation sessionparent education sessions and shall 35.28 enter an order setting forth the manner in which the parties may 35.29 safely participate in the program. 35.30 Subd. 4. [SANCTIONS.] The court may impose sanctions upon 35.31 a parent for failure to attend or complete a parent education 35.32 program as ordered. 35.33 Subd. 5. [CONFIDENTIALITY.] Unless all parties agree in 35.34 writing, statements made by a party during participation in a 35.35 parent education program are inadmissible as evidence for any 35.36 purpose, including impeachment. No record may be made regarding 36.1 a party's participation in a parent education program, except a 36.2 record of attendance at and completion of the program as 36.3 required under this section. Instructors shall not disclose 36.4 information regarding an individual participant obtained as a 36.5 result of participation in a parent education program. Parent 36.6 education instructors may not be subpoenaed or called as 36.7 witnesses in court proceedings. 36.8 Subd. 6. [FEE.] Except as provided in this subdivision, 36.9 each person who attends a parent education program shall pay a 36.10 fee to defray the cost of the program. A party who qualifies 36.11 for waiver of filing fees under section 563.01 is exempt from 36.12 paying the parent education program fee and the court shall 36.13 waive the fee or direct its payment under section 563.01. 36.14 Program providers shall implement a sliding fee scale. 36.15 Sec. 2. Minnesota Statutes 1996, section 518.175, 36.16 subdivision 6, is amended to read: 36.17 Subd. 6. [REMEDIES.] (a) The court may provide for one or 36.18 more of the following remedies for denial of or interference 36.19 with court-ordered visitation as provided under this 36.20 subdivision. All visitation orders must include notice of the 36.21 provisions of this subdivision. 36.22 (b) If the court finds that a person has been wrongfully36.23 deprived of the duly established right tocourt-ordered 36.24 visitation, the court shall order the custodial parent to permit 36.25 additional visits to compensate for the visitation of which the 36.26 person was deprived or the court shall make specific findings as 36.27 to why a request for compensatory visitation is denied. If 36.28 compensatory visitation is awarded, additional visits must be: 36.29 (1) at least of the same type and duration as the 36.30 wrongfully denieddeprived visit and, at the discretion of the 36.31 court, may be in excess of or of a different type than the 36.32 deprived visit; 36.33 (2) taken within one year after the wrongfully denied36.34 deprived visit; and 36.35 (3) at a time acceptable to the person deprived of 36.36 visitation. 37.1 (c) If the court finds that a party has wrongfully failed 37.2 to comply with a visitation order or a binding agreement or 37.3 decision under section 518.1751, the court may: 37.4 (1) impose a civil penalty of up to $500 on the party; or37.5 (2) require the party to post a bond with the court for a 37.6 specified period of time to secure the party's compliance .; 37.7 (3) award reasonable attorney's fees and costs; 37.8 (4) require the party who violated the visitation order or 37.9 binding agreement or decision of the visitation expeditor to 37.10 reimburse the other party for costs incurred as a result of the 37.11 violation of the order or agreement or decision; or 37.12 (5) award any other remedy that the court finds to be in 37.13 the best interests of the children involved. 37.14 A civil penalty imposed under this paragraph must be 37.15 deposited in the county general fund and must be used to fund 37.16 the costs of a visitation expeditor program in a county with 37.17 this program. In other counties, the civil penalty must be 37.18 deposited in the state general fund. 37.19 (d) If the court finds that a party has been denied 37.20 visitation and has incurred expenses in connection with the 37.21 denied visitation, the court may require the party who denied 37.22 visitation to post a bond in favor of the other party in the 37.23 amount of prepaid expenses associated with an upcoming planned 37.24 visitation. 37.25 (e) Proof of an unwarranted denial of or interference with 37.26 duly established visitation may constitute contempt of court and 37.27 may be sufficient cause for reversal of custody. 37.28 Sec. 3. Minnesota Statutes 1996, section 518.1751, is 37.29 amended to read: 37.30 518.1751 [VISITATION DISPUTE RESOLUTION.] 37.31 Subdivision 1. [VISITATION EXPEDITOR.] (a)Upon request of 37.32 either party, the parties' stipulation, or upon the court's own 37.33 motion, the court may appoint a visitation expeditor to resolve 37.34 visitation disputes that occur under a visitation order while a 37.35 matter is pending under this chapter, chapter 257 or 518A, or 37.36 after a decree is entered. Prior to appointing the visitation38.1 expeditor, the court shall give the parties notice that the38.2 costs of the visitation expeditor will be apportioned among the38.3 parties and that if the parties do not reach an agreement, the38.4 visitation expeditor will make a nonbinding decision resolving38.5 the dispute.38.6 Subd. 1a. [EXCEPTIONS.] A party may not be required to 38.7 refer a visitation dispute to a visitation expeditor under this 38.8 section if: 38.9 (1) one of the parties claims to be the victim of domestic 38.10 abuse by the other party; 38.11 (2) the court determines there is probable cause that one 38.12 of the parties or a child of the parties has been physically 38.13 abused or threatened with physical abuse by the other party; or 38.14 (3) the party is unable to pay the costs of the expeditor, 38.15 as provided under subdivision 2a. 38.16 If the court is satisfied that the parties have been 38.17 advised by counsel and have agreed to use the visitation 38.18 expeditor process and the process does not involve face-to-face 38.19 meeting of the parties, the court may direct that the visitation 38.20 expeditor process be used. 38.21 Subd. 1b. [PURPOSE; DEFINITIONS.] (a) The purpose of a 38.22 visitation expeditor is to resolve visitation disputes by 38.23 enforcing, interpreting, clarifying, and addressing 38.24 circumstances not specifically addressed by an existing 38.25 visitation order and, if appropriate, to make a determination as 38.26 to whether the existing visitation order has been violated. A 38.27 visitation expeditor may be appointed to resolve a one-time 38.28 visitation dispute or to provide ongoing visitation dispute 38.29 resolution services. 38.30 (b) For purposes of this section, "visitation dispute" 38.31 means a disagreement among parties about visitation with a 38.32 child, including a dispute about an anticipated denial of a 38.33 future scheduled visit. "Visitation dispute" includes a claim 38.34 by a custodial parent that a noncustodial parent is not visiting 38.35 a child as well as a claim by a noncustodial parent that a 38.36 custodial parent is denying or interfering with visitation. 39.1 (c) A "visitation expeditor" is a neutral person authorized 39.2 to use a mediation-arbitration process to resolve visitation 39.3 disputes. A visitation expeditor shall attempt to resolve a 39.4 visitation dispute by facilitating negotiations between the 39.5 parties to promote settlement and, if it becomes apparent that 39.6 the dispute cannot be resolved by an agreement of the parties, 39.7 the visitation expeditor shall make a decision resolving the 39.8 dispute. 39.9 Subd. 2. [APPOINTMENT ; COSTS.] The court shall appoint the39.10 visitation expeditor and indicate the term of the appointment.39.11 If the parties cannot agree on a visitation expeditor, the court39.12 shall present a list of candidates with one more candidate than39.13 there are parties to the dispute. In developing the list of39.14 candidates, the court must give preference(a) The parties may 39.15 stipulate to the appointment of a visitation expeditor or a team 39.16 of two expeditors without appearing in court by submitting to 39.17 the court a written agreement identifying the names of the 39.18 individuals to be appointed by the court; the nature of the 39.19 dispute; the responsibilities of the visitation expeditor, 39.20 including whether the expeditor is appointed to resolve a 39.21 specific issue or on an ongoing basis; the term of the 39.22 appointment; and the apportionment of fees and costs. The court 39.23 shall review the agreement of the parties. 39.24 (b) If the parties cannot agree on a visitation expeditor, 39.25 the court shall provide to the parties a copy of the court 39.26 administrator's roster of visitation expeditors and require the 39.27 parties to exchange the names of three potential visitation 39.28 expeditors by a specific date. If after exchanging names the 39.29 parties are unable to agree upon a visitation expeditor, the 39.30 court shall select the visitation expeditor and, in its 39.31 discretion, may appoint one expeditor or a team of two 39.32 visitation expeditors. In the selection process the court must 39.33 give consideration to the financial circumstances of the parties 39.34 and the fees of those being considered as visitation 39.35 expeditors. Preference must be given to persons who agree to 39.36 volunteer their services or who will charge a variable fee for 40.1 services based on the ability of the parties to pay for 40.2 them. Each party shall strike one name and the court shall40.3 appoint the remaining individual as the visitation expeditor.40.4 In its order appointing the visitation expeditor, the court40.5 shall apportion the costs of the visitation expeditor among the40.6 parties, with each party bearing the portion of costs that the40.7 court determines is just and equitable under the circumstances.40.8 If a party files a pro se motion regarding a visitation dispute40.9 and there is not a court order that provides for apportionment40.10 of the costs of an expeditor, the court administrator may40.11 require the party requesting the appointment of an expeditor to40.12 pay the costs of the expeditor in advance. Neither party may be40.13 required to submit a dispute to a visitation expeditor if the40.14 party cannot afford to pay for the costs of an expeditor and an40.15 affordable expeditor is not available, unless the other party40.16 agrees to pay the costs. After costs are incurred, a party may40.17 by motion request that the costs be reapportioned on equitable40.18 grounds. The court may consider the resources of the parties,40.19 the nature of the dispute, and whether a party acted in bad40.20 faith. The court may consider information from the expeditor in40.21 determining bad faith.40.22 (c) An order appointing a visitation expeditor must 40.23 identify the name of the individual to be appointed, the nature 40.24 of the dispute, the responsibilities of the visitation expeditor 40.25 including whether the expeditor is appointed to resolve a 40.26 specific issue or on an ongoing basis, the term of the 40.27 appointment, the apportionment of fees, and notice that if the 40.28 parties are unable to reach an agreement with the assistance of 40.29 the visitation expeditor, the visitation expeditor is authorized 40.30 to make a decision resolving the dispute which is binding upon 40.31 the parties unless modified or vacated by the court. 40.32 Subd. 2a. [FEES.] Prior to appointing the visitation 40.33 expeditor, the court shall give the parties notice that the fees 40.34 of the visitation expeditor will be apportioned among the 40.35 parties. In its order appointing the visitation expeditor, the 40.36 court shall apportion the fees of the visitation expeditor among 41.1 the parties, with each party bearing the portion of fees that 41.2 the court determines is just and equitable under the 41.3 circumstances. If a party files a pro se motion regarding a 41.4 visitation dispute and there is not a court order that provides 41.5 for apportionment of the fees of an expeditor, the court 41.6 administrator may require the party requesting the appointment 41.7 of an expeditor to pay the fees of the expeditor in advance. 41.8 Neither party may be required to submit a dispute to a 41.9 visitation expeditor if the party cannot afford to pay for the 41.10 fees of an expeditor and an affordable expeditor is not 41.11 available, unless the other party agrees to pay the fees. After 41.12 fees are incurred, a party may by motion request that the fees 41.13 be reapportioned on equitable grounds. The court may consider 41.14 the resources of the parties, the nature of the dispute, and 41.15 whether a party acted in bad faith. The court may consider 41.16 information from the expeditor in determining bad faith. 41.17 Subd. 2b. [ROSTER OF VISITATION EXPEDITORS.] Each court 41.18 administrator shall maintain and make available to the public 41.19 and judicial officers a roster of individuals available to serve 41.20 as visitation expeditors, including each individual's name, 41.21 address, telephone number, and fee charged, if any. A court 41.22 administrator shall not place on the roster the name of an 41.23 individual who has not completed the training required in 41.24 subdivision 2c. If the use of a visitation expeditor is 41.25 initiated by stipulation of the parties, the parties may agree 41.26 upon a person to serve as a visitation expeditor even if that 41.27 person has not completed the training described in subdivision 41.28 2c. The court may appoint a person to serve as a visitation 41.29 expeditor even if the person is not on the court administrator's 41.30 roster, but may not appoint a person who has not completed the 41.31 training described in subdivision 2c, unless so stipulated by 41.32 the parties. To maintain one's listing on a court 41.33 administrator's roster of visitation expeditors, an individual 41.34 shall annually submit to the court administrator proof of 41.35 completion of continuing education requirements. 41.36 Subd. 2c. [TRAINING AND CONTINUING EDUCATION 42.1 REQUIREMENTS.] To qualify for listing on a court administrator's 42.2 roster of visitation expeditors, an individual shall complete a 42.3 minimum of 40 hours of family mediation training that has been 42.4 certified by the Minnesota supreme court, which must include 42.5 certified training in domestic abuse issues as required under 42.6 Rule 114 of the Minnesota General Rules of Practice for the 42.7 District Courts. To maintain one's listing on a court 42.8 administrator's roster of visitation expeditors, an individual 42.9 shall annually attend three hours of continuing education about 42.10 alternative dispute resolution subjects. 42.11 Subd. 3. [AGREEMENT OR DECISION.] (a) If a visitation42.12 dispute arisesWithin five days of notice of the appointment, or 42.13 within five days of notice of a subsequent visitation dispute 42.14 between the same parties, the visitation expeditor shall meet 42.15 with the parties together or separately within five daysand 42.16 shall make a diligent effort to facilitate an agreement to 42.17 resolve the visitation dispute. If a visitation dispute 42.18 requires immediate resolution, the visitation expeditor may 42.19 confer with the parties through a telephone conference or 42.20 similar means. An expeditor may make a decision without 42.21 conferring with a party if the expeditor made a good faith 42.22 effort to confer with the party, but the party chose not to 42.23 participate in resolution of the dispute. 42.24 (b) If the parties do not reach an agreement, the expeditor 42.25 shall make a decision resolving the dispute as soon as possible 42.26 but not later than five days after receiving all information 42.27 necessary to make a decision and after the final meeting or 42.28 conference with the parties. Resolution of a dispute may42.29 includeThe visitation expeditor is authorized to award 42.30 compensatory visitation under section 518.175, subdivision 6 ., 42.31 and may recommend to the court that the noncomplying party pay 42.32 attorney's fees, court costs, and other costs under section 42.33 518.175, subdivision 6, paragraph (d), if the visitation order 42.34 has been violated. The visitation expeditor shall not lose 42.35 authority to make a decision if circumstances beyond the 42.36 visitation expeditor's control make it impracticable to meet the 43.1 five-day timelines. 43.2 (c) Unless the parties mutually agree, the visitation 43.3 expeditor mayshall not make a decision that modifies visitation43.4 rights ordered by the court.is inconsistent with an existing 43.5 visitation order, but may make decisions interpreting or 43.6 clarifying a visitation order, including the development of a 43.7 specific schedule when the existing court order grants 43.8 "reasonable visitation." 43.9 (d) The expeditor shall put an agreement or decision in 43.10 writing ,and provide a copy to the parties , and file a copy with43.11 the court. The visitation expeditor may include or omit reasons 43.12 for the agreement or decision. An agreement of the parties or a 43.13 decision of the visitation expeditor is binding on the parties 43.14 unless vacated or modified by the court. If a party does not 43.15 comply with an agreement of the parties or a decision of the 43.16 expeditor, any party may bring a motion with the court to43.17 resolve the disputeand shall attach a copy of the parties' 43.18 written agreement or decision of the expeditor. The court 43.19 may considerenforce, modify, or vacate the agreement of the 43.20 parties or the decision of the expeditor , but neither is binding43.21 on the court. 43.22 Subd. 4. [OTHER AGREEMENTS.] This section does not 43.23 preclude the parties from voluntarily agreeing to submit their 43.24 visitation dispute to a neutral third party or from otherwise 43.25 resolving visitation disputes on a voluntary basis. 43.26 Subd. 4a. [CONFIDENTIALITY.] (a) Statements made and 43.27 documents produced as part of the visitation expeditor process 43.28 which are not otherwise discoverable are not subject to 43.29 discovery or other disclosure and are not admissible into 43.30 evidence for any purpose at trial or in any other proceeding, 43.31 including impeachment. 43.32 (b) Sworn testimony may be used in subsequent proceedings 43.33 for any purpose for which it is admissible under the rules of 43.34 evidence. Visitation expeditors, and lawyers for the parties to 43.35 the extent of their participation in the visitation expeditor 43.36 process, must not be subpoenaed or called as witnesses in court 44.1 proceedings. 44.2 (c) Notes, records, and recollections of visitation 44.3 expeditors are confidential and must not be disclosed to the 44.4 parties, the public, or anyone other than the visitation 44.5 expeditor unless: 44.6 (1) all parties and the visitation expeditor agree in 44.7 writing to the disclosure; or 44.8 (2) disclosure is required by law or other applicable 44.9 professional codes. 44.10 Notes and records of visitation expeditors must not be 44.11 disclosed to the court unless after a hearing the court 44.12 determines that the notes or records should be reviewed in 44.13 camera. Those notes or records must not be released by the 44.14 court unless it determines that they disclose information 44.15 showing illegal violation of the criminal law of the state. 44.16 Subd. 5. [IMMUNITY.] A visitation expeditor is immune from 44.17 civil liability for actions taken or not taken when acting under 44.18 this section. 44.19 Subd. 5a. [REMOVAL.] If a visitation expeditor has been 44.20 appointed on a long-term basis, a party or the visitation 44.21 expeditor may file a motion seeking to have the expeditor 44.22 removed for good cause shown. 44.23 Subd. 6. [MANDATORY VISITATION DISPUTE RESOLUTION.] (a)44.24 Subject to subdivision 71a, a judicial district may establish a 44.25 mandatory visitation dispute resolution program as provided in 44.26 this subdivision. In a district where a program has been 44.27 established, parties may be required to submit visitation 44.28 disputes to a visitation expeditor as a prerequisite to a motion 44.29 on the dispute being heard by the court, or either party may 44.30 submit the dispute to a visitation expeditor. A party may file 44.31 a motion with the court for purposes of obtaining a court date, 44.32 if necessary, but a hearing may not be held until resolution of 44.33 the dispute with the visitation expeditor. The appointment of a 44.34 visitation expeditor must be in accordance with subdivision 2. 44.35 Visitation expeditor fees must be paid in accordance with 44.36 subdivision 2a. 45.1 (b) If a visitation expeditor has not been previously45.2 appointed for the parties under subdivision 1 and the parties45.3 cannot agree on a visitation expeditor, the court or court45.4 administrator shall appoint a visitation expeditor from a list45.5 of candidates established by the judicial district, giving45.6 preference to candidates who agree to volunteer their services45.7 or charge a variable fee based on the ability of the parties to45.8 pay.45.9 (c) Notwithstanding subdivision 1, an agreement of the45.10 parties or decision of the visitation expeditor under this45.11 subdivision is binding on the parties unless vacated or modified45.12 by the court. The expeditor shall put the agreement or decision45.13 in writing, provide a copy to the parties, and file a copy with45.14 the court. The court may consider the agreement of the parties45.15 or the decision of the expeditor, but neither is binding on the45.16 court.45.17 Subd. 7. [EXCEPTIONS.] A party may not be required to45.18 refer a visitation dispute to a visitation expeditor under this45.19 section if:45.20 (1) the party has obtained an order for protection under45.21 chapter 518B against the other party; or45.22 (2) the party is unable to pay the costs of the expeditor,45.23 as provided under subdivision 2.45.24 Sec. 4. Minnesota Statutes 1996, section 518.179, 45.25 subdivision 1, is amended to read: 45.26 Subdivision 1. [SEEKING CUSTODY OR VISITATION.] 45.27 Notwithstanding any contrary provision in section 518.17 or 45.28 518.175, if a person seeking child custody or visitation has 45.29 been convicted of a crime described in subdivision 2, the person 45.30 seeking custody or visitation has the burden to prove that 45.31 custody or visitation by that person is in the best interests of 45.32 the child if: 45.33 (1) the conviction occurred within the preceding five 45.34 years; 45.35 (2) the person is currently incarcerated, on probation, or 45.36 under supervised release for the offense; or 46.1 (3) the victim of the crime was a family or household 46.2 member as defined in section 518B.01, subdivision 2. 46.3 If this section applies, the court may not grant custody or 46.4 visitation to the person unless it finds that the custody or 46.5 visitation is in the best interests of the child. If the victim 46.6 of the crime was a family or household member, the standard of 46.7 proof is clear and convincing evidence. A guardian ad litem 46.8 must be appointed in any case where this section applies. 46.9 Sec. 5. Minnesota Statutes 1996, section 518.195, is 46.10 amended to read: 46.11 518.195 [ PILOT PROJECTSUMMARY DISSOLUTION PROCESS.] 46.12 Subdivision 1. [CRITERIA.] In the counties selected under46.13 subdivision 4,A couple desirous of dissolving their marriage 46.14 may use the streamlined procedure in this section if: 46.15 (1) no living minor children have been born to or adopted 46.16 by the parties before or during the marriage, unless someone 46.17 other than the husband has been adjudicated the father; 46.18 (2) the wife is not pregnant; 46.19 (3) they have been married fewer than fiveeight years as 46.20 of the date they file their joint declaration; 46.21 (4) neither party owns any real estate; 46.22 (5) there are no unpaid debts in excess of $5,000$8,000 46.23 incurred by either or both of the parties during the marriage, 46.24 excluding encumbrances on automobiles; 46.25 (6) the total fair market value of the marital assets does 46.26 not exceed $25,000, including net equity on automobiles; 46.27 (7) neither party has nonmarital assets in excess of 46.28 $25,000; and 46.29 (8) neither party has been a victim of domestic abuse by 46.30 the other. 46.31 Subd. 2. [PROCEDURE.] A couple qualifying under all of the 46.32 criteria in subdivision 1, may obtain a judgment and decree by: 46.33 (1) filing a sworn joint declaration, on which both of 46.34 their signatures must be notarized, containing or appending the 46.35 following information: 46.36 (i) the demographic data required in section 518.10; 47.1 (ii) verifying the qualifications set forth in subdivision 47.2 1; 47.3 (iii) listing each party's nonmarital property; 47.4 (iv) setting forth how the marital assets and debts will be 47.5 apportioned; 47.6 (v) verifying both parties' income and preserving their 47.7 rights to spousal maintenance; and 47.8 (vi) certifying that there has been no domestic abuse of 47.9 one party by the other; and 47.10 (2) viewing any introductory and summary process 47.11 educational videotapes, if then available from the court, and 47.12 certifying that they watched any such tapes within the 30 days 47.13 preceding the filing of the joint declaration. 47.14 The district court administrator shall enter a decree of 47.15 dissolution 30 days after the filing of the joint declaration if 47.16 the parties meet the statutory qualifications and have complied 47.17 with the procedural requirements of this subdivision. 47.18 Subd. 3. [FORMS.] The state court administrator shall 47.19 develop simplified forms and instructions for the summary 47.20 process within 120 days of July 1, 1991. District court 47.21 administrators shall make the forms for the summary process 47.22 available upon request and shall accept joint declarations for 47.23 filing 180 days after July 1, 1991on and after July 1, 1997. 47.24 Subd. 4. [PILOT PROGRAM.] The state court administrator47.25 shall designate no more than five counties in at least three47.26 different judicial districts as pilot jurisdictions for testing47.27 the streamlined process. District court administrators shall47.28 make the forms for the summary process available upon request to47.29 appropriate residents of the pilot jurisdictions.47.30 Sec. 6. Minnesota Statutes 1996, section 518.68, 47.31 subdivision 2, is amended to read: 47.32 Subd. 2. [CONTENTS.] The required notices must be 47.33 substantially as follows: 47.34 IMPORTANT NOTICE 47.35 1. PAYMENTS TO PUBLIC AGENCY 47.36 Pursuant to Minnesota Statutes, section 518.551, 48.1 subdivision 1, payments ordered for maintenance and support 48.2 must be paid to the public agency responsible for child 48.3 support enforcement as long as the person entitled to 48.4 receive the payments is receiving or has applied for public 48.5 assistance or has applied for support and maintenance 48.6 collection services. MAIL PAYMENTS TO: 48.7 2. DEPRIVING ANOTHER OF CUSTODIAL OR PARENTAL RIGHTS -- A 48.8 FELONY 48.9 A person may be charged with a felony who conceals a minor 48.10 child or takes, obtains, retains, or fails to return a 48.11 minor child from or to the child's parent (or person with 48.12 custodial or visitation rights), pursuant to Minnesota 48.13 Statutes, section 609.26. A copy of that section is 48.14 available from any district court clerk. 48.15 3. RULES OF SUPPORT, MAINTENANCE, VISITATION 48.16 (a) Payment of support or spousal maintenance is to be as 48.17 ordered, and the giving of gifts or making purchases of 48.18 food, clothing, and the like will not fulfill the 48.19 obligation. 48.20 (b) Payment of support must be made as it becomes due, and 48.21 failure to secure or denial of rights of visitation is NOT 48.22 an excuse for nonpayment, but the aggrieved party must seek 48.23 relief through a proper motion filed with the court. 48.24 (c) Nonpayment of support is not grounds to deny 48.25 visitation. The party entitled to receive support may 48.26 apply for support and collection services, file a contempt 48.27 motion, or obtain a judgment as provided in Minnesota 48.28 Statutes, section 548.091. 48.29 (d) The payment of support or spousal maintenance takes 48.30 priority over payment of debts and other obligations. 48.31 (e) A party who accepts additional obligations of support 48.32 does so with the full knowledge of the party's prior 48.33 obligation under this proceeding. 48.34 (f) Child support or maintenance is based on annual income, 48.35 and it is the responsibility of a person with seasonal 48.36 employment to budget income so that payments are made 49.1 throughout the year as ordered. 49.2 (g) If there is a layoff or a pay reduction, support may be 49.3 reduced as of the time of the layoff or pay reduction if a 49.4 motion to reduce the support is served and filed with the 49.5 court at that time, but any such reduction must be ordered 49.6 by the court. The court is not permitted to reduce support 49.7 retroactively, except as provided in Minnesota Statutes, 49.8 section 518.64, subdivision 2, paragraph (c). 49.9 (h) Reasonable visitation guidelines are contained in 49.10 Appendix B, which is available from the court administrator. 49.11 4. PARENTAL RIGHTS FROM MINNESOTA STATUTES, SECTION 518.17, 49.12 SUBDIVISION 3 49.13 Unless otherwise provided by the Court: 49.14 (a) Each party has the right of access to, and to receive 49.15 copies of, school, medical, dental, religious training, and 49.16 other important records and information about the minor 49.17 children. Each party has the right of access to 49.18 information regarding health or dental insurance available 49.19 to the minor children. Presentation of a copy of this 49.20 order to the custodian of a record or other information 49.21 about the minor children constitutes sufficient 49.22 authorization for the release of the record or information 49.23 to the requesting party. 49.24 (b) Each party shall keep the other informed as to the name 49.25 and address of the school of attendance of the minor 49.26 children. Each party has the right to be informed by 49.27 school officials about the children's welfare, educational 49.28 progress and status, and to attend school and parent 49.29 teacher conferences. The school is not required to hold a 49.30 separate conference for each party. 49.31 (c) In case of an accident or serious illness of a minor 49.32 child, each party shall notify the other party of the 49.33 accident or illness, and the name of the health care 49.34 provider and the place of treatment. 49.35 (d) Each party has the right of reasonable access and 49.36 telephone contact with the minor children. 50.1 5. WAGE AND INCOME DEDUCTION OF SUPPORT AND MAINTENANCE 50.2 Child support and/or spousal maintenance may be withheld 50.3 from income, with or without notice to the person obligated 50.4 to pay, when the conditions of Minnesota Statutes, sections 50.5 518.611 and 518.613, have been met. A copy of those 50.6 sections is available from any district court clerk. 50.7 6. CHANGE OF ADDRESS OR RESIDENCE 50.8 Unless otherwise ordered, the person responsible to make 50.9 support or maintenance payments shall notify the person 50.10 entitled to receive the payment and the public authority 50.11 responsible for collection, if applicable, of a change of 50.12 address or residence within 60 days of the address or 50.13 residence change. 50.14 7. COST OF LIVING INCREASE OF SUPPORT AND MAINTENANCE 50.15 Child support and/or spousal maintenance may be adjusted 50.16 every two years based upon a change in the cost of living 50.17 (using Department of Labor Consumer Price Index .........., 50.18 unless otherwise specified in this order) when the 50.19 conditions of Minnesota Statutes, section 518.641, are met. 50.20 Cost of living increases are compounded. A copy of 50.21 Minnesota Statutes, section 518.641, and forms necessary to 50.22 request or contest a cost of living increase are available 50.23 from any district court clerk. 50.24 8. JUDGMENTS FOR UNPAID SUPPORT 50.25 If a person fails to make a child support payment, the 50.26 payment owed becomes a judgment against the person 50.27 responsible to make the payment by operation of law on or 50.28 after the date the payment is due, and the person entitled 50.29 to receive the payment or the public agency may obtain 50.30 entry and docketing of the judgment WITHOUT NOTICE to the 50.31 person responsible to make the payment under Minnesota 50.32 Statutes, section 548.091. Interest begins to accrue on a 50.33 payment or installment of child support whenever the unpaid 50.34 amount due is greater than the current support due, 50.35 pursuant to Minnesota Statutes, section 548.091, 50.36 subdivision 1a. 51.1 9. JUDGMENTS FOR UNPAID MAINTENANCE 51.2 A judgment for unpaid spousal maintenance may be entered 51.3 when the conditions of Minnesota Statutes, section 548.091, 51.4 are met. A copy of that section is available from any 51.5 district court clerk. 51.6 10. ATTORNEY FEES AND COLLECTION COSTS FOR ENFORCEMENT OF CHILD 51.7 SUPPORT 51.8 A judgment for attorney fees and other collection costs 51.9 incurred in enforcing a child support order will be entered 51.10 against the person responsible to pay support when the 51.11 conditions of section 518.14, subdivision 2, are met. A 51.12 copy of section 518.14 and forms necessary to request or 51.13 contest these attorney fees and collection costs are 51.14 available from any district court clerk. 51.15 11. VISITATION EXPEDITOR PROCESS 51.16 On request of either party or on its own motion, the court 51.17 may appoint a visitation expeditor to resolve visitation 51.18 disputes under Minnesota Statutes, section 518.1751. A 51.19 copy of that section and a description of the expeditor 51.20 process is available from any district court clerk. 51.21 12. VISITATION REMEDIES AND PENALTIES 51.22 Remedies and penalties for the wrongful denial of 51.23 visitation rights are available under Minnesota Statutes, 51.24 section 518.175, subdivision 6. These include compensatory 51.25 visitation; civil penalties; bond requirements; contempt; 51.26 and reversal of custody. A copy of that subdivision and 51.27 forms for requesting relief are available from any district 51.28 court clerk. 51.29 Sec. 7. Minnesota Statutes 1996, section 519.05, is 51.30 amended to read: 51.31 519.05 [LIABILITY OF HUSBAND AND WIFE.] 51.32 (a) A spouse is not liable to a creditor for any debts of 51.33 the other spouse , except for necessaries furnished to the other51.34 after marriage, where the spouse would be liable at common law. 51.35 Where husband and wife are living together, they shall be 51.36 jointly and severally liable for all necessary household 52.1 articles and supplies furnished to and used by the family. 52.2 Notwithstanding this paragraph, in a proceeding under chapter 52.3 518 the court may apportion such debt between the spouses. 52.4 (b) Either spouse may close a credit card account or other 52.5 unsecured consumer line of credit on which both spouses are 52.6 contractually liable, by giving written notice to the creditor. 52.7 Sec. 8. Minnesota Statutes 1996, section 626.556, 52.8 subdivision 2, is amended to read: 52.9 Subd. 2. [DEFINITIONS.] As used in this section, the 52.10 following terms have the meanings given them unless the specific 52.11 content indicates otherwise: 52.12 (a) "Sexual abuse" means the subjection of a child by a 52.13 person responsible for the child's care, by a person who has a 52.14 significant relationship to the child, as defined in section 52.15 609.341, or by a person in a position of authority, as defined 52.16 in section 609.341, subdivision 10, to any act which constitutes 52.17 a violation of section 609.342, 609.343, 609.344, or 609.345. 52.18 Sexual abuse also includes any act which involves a minor which 52.19 constitutes a violation of sections 609.321 to 609.324 or 52.20 617.246. Sexual abuse includes threatened sexual abuse. 52.21 (b) "Person responsible for the child's care" means (1) an 52.22 individual functioning within the family unit and having 52.23 responsibilities for the care of the child such as a parent, 52.24 guardian, or other person having similar care responsibilities, 52.25 or (2) an individual functioning outside the family unit and 52.26 having responsibilities for the care of the child such as a 52.27 teacher, school administrator, or other lawful custodian of a 52.28 child having either full-time or short-term care 52.29 responsibilities including, but not limited to, day care, 52.30 babysitting whether paid or unpaid, counseling, teaching, and 52.31 coaching. 52.32 (c) "Neglect" means failure by a person responsible for a 52.33 child's care to supply a child with necessary food, clothing, 52.34 shelter or medical care when reasonably able to do so, failure 52.35 to protect a child from conditions or actions which imminently 52.36 and seriously endanger the child's physical or mental health 53.1 when reasonably able to do so, or failure to take steps to 53.2 ensure that a child is educated in accordance with state law. 53.3 Nothing in this section shall be construed to mean that a child 53.4 is neglected solely because the child's parent, guardian, or 53.5 other person responsible for the child's care in good faith 53.6 selects and depends upon spiritual means or prayer for treatment 53.7 or care of disease or remedial care of the child in lieu of 53.8 medical care; except that a parent, guardian, or caretaker, or a 53.9 person mandated to report pursuant to subdivision 3, has a duty 53.10 to report if a lack of medical care may cause serious danger to 53.11 the child's health. This section does not impose upon persons, 53.12 not otherwise legally responsible for providing a child with 53.13 necessary food, clothing, shelter, education, or medical care, a 53.14 duty to provide that care. Neglect includes prenatal exposure to 53.15 a controlled substance, as defined in section 253B.02, 53.16 subdivision 2, used by the mother for a nonmedical purpose, as 53.17 evidenced by withdrawal symptoms in the child at birth, results 53.18 of a toxicology test performed on the mother at delivery or the 53.19 child at birth, or medical effects or developmental delays 53.20 during the child's first year of life that medically indicate 53.21 prenatal exposure to a controlled substance. Neglect also means 53.22 "medical neglect" as defined in section 260.015, subdivision 2a, 53.23 clause (5). 53.24 (d) "Physical abuse" means any physical or mental injury, 53.25 or threatened injury, inflicted by a person responsible for the 53.26 child's care on a child other than by accidental means, or any 53.27 physical or mental injury that cannot reasonably be explained by 53.28 the child's history of injuries, or any aversive and deprivation 53.29 procedures that have not been authorized under section 245.825. 53.30 (e) "Report" means any report received by the local welfare 53.31 agency, police department, or county sheriff pursuant to this 53.32 section. 53.33 (f) "Facility" means a day care facility, residential 53.34 facility, agency, hospital, sanitarium, or other facility or 53.35 institution required to be licensed pursuant to sections 144.50 53.36 to 144.58, 241.021, or 245A.01 to 245A.16. 54.1 (g) "Operator" means an operator or agency as defined in 54.2 section 245A.02. 54.3 (h) "Commissioner" means the commissioner of human services. 54.4 (i) "Assessment" includes authority to interview the child, 54.5 the person or persons responsible for the child's care, the 54.6 alleged perpetrator, and any other person with knowledge of the 54.7 abuse or neglect for the purpose of gathering the facts, 54.8 assessing the risk to the child, and formulating a plan. 54.9 (j) "Practice of social services," for the purposes of 54.10 subdivision 3, includes but is not limited to employee 54.11 assistance counseling and the provision of guardian ad litem and 54.12 visitation expeditor services. 54.13 (k) "Mental injury" means an injury to the psychological 54.14 capacity or emotional stability of a child as evidenced by an 54.15 observable or substantial impairment in the child's ability to 54.16 function within a normal range of performance and behavior with 54.17 due regard to the child's culture. 54.18 (l) "Threatened injury" means a statement, overt act, 54.19 condition, or status that represents a substantial risk of 54.20 physical or sexual abuse or mental injury. 54.21 Sec. 9. Minnesota Statutes 1996, section 631.52, 54.22 subdivision 1, is amended to read: 54.23 Subdivision 1. [SUSPENSION OF VISITATION RIGHTS; TRANSFER 54.24 OF CUSTODY.] (a) If a person who has court-ordered custody of a 54.25 child or visitation rights is convicted of a crime listed in 54.26 subdivision 2 and if no action is pending regarding custody or 54.27 visitation, the sentencing court shall refer the matter to the 54.28 appropriate family court for action under this section. The 54.29 family court shall: 54.30 (1) grant temporary custody to the noncustodial parent, 54.31 unless it finds that another custody arrangement is in the best 54.32 interests of the child; or 54.33 (2) suspend visitation rights, unless it finds that 54.34 visitation with the convicted person is in the best interests of 54.35 the child. 54.36 The family court shall expedite proceedings under this 55.1 section. The defendant has the burden of proving that continued 55.2 custody or visitation with the defendant is in the best 55.3 interests of the child. If the victim of the crime was a family 55.4 or household member as defined in section 518B.01, subdivision 55.5 2, the standard of proof is clear and convincing evidence. A 55.6 guardian ad litem must be appointed in any case to which this 55.7 section applies. 55.8 (b) If a person who has child custody or visitation rights 55.9 was convicted of a crime listed in subdivision 2 before July 1, 55.10 1990, then any interested party may petition the sentencing 55.11 court for relief under paragraph (a) if: 55.12 (1) the defendant is currently incarcerated, on probation, 55.13 or under supervised release for the offense; or 55.14 (2) the victim of the crime was a family or household 55.15 member as defined in section 518B.01, subdivision 2. 55.16 Sec. 10. [COOPERATION FOR THE CHILDREN PROGRAM.] 55.17 Subdivision 1. [ESTABLISHMENT; PILOT PROJECT.] Within the 55.18 limits of funding provided, by January 1, 1998, the state court 55.19 administrator shall develop and implement a cooperation for the 55.20 children program as a 24-month pilot project in at least two 55.21 counties as an effort to promote parental relationships with 55.22 children. The state court administrator may allow additional 55.23 counties to participate in the pilot project if those counties 55.24 provide their own funding or if other funding becomes 55.25 available. The provisions of Minnesota Statutes, section 55.26 518.1751, subdivision 6, pertaining to mandatory visitation 55.27 dispute resolution programs, do not apply to counties 55.28 participating in the cooperation for the children program pilot 55.29 project. 55.30 Subd. 2. [PARTICIPATION.] (a) Except as provided in this 55.31 subdivision, in cases where visitation is the sole issue in 55.32 conflict, the person seeking relief in regard to a visitation 55.33 dispute must first seek assistance from the cooperation for the 55.34 children program before filing with the court or serving upon 55.35 the other party a motion requesting a court hearing. 55.36 (b) An individual who submits to the program proof that the 56.1 person has used, or in good faith has attempted to use, the 56.2 services of a visitation expeditor or mediator or other 56.3 alternative dispute resolution process to resolve the visitation 56.4 dispute may, upon request to the program, be exempted from 56.5 mandatory participation in the cooperation for the children 56.6 program and the person may seek assistance from the court by 56.7 filing a motion requesting a hearing. 56.8 (c) In cases where visitation is not the only issue in 56.9 conflict, the person seeking relief may either file with the 56.10 court a motion seeking resolution of all issues or may seek 56.11 resolution of the visitation issue with the cooperation for the 56.12 children program and resolution of the other issues with the 56.13 court. In cases where the person seeking relief chooses to 56.14 proceed in court, the court may determine whether the 56.15 nonvisitation issues are or are not valid. If the court 56.16 determines that the nonvisitation issues are not valid or that 56.17 the nonvisitation issues were raised for the purpose of avoiding 56.18 participation in the cooperation for the children program, the 56.19 court may order the parties to participate in the cooperation 56.20 for the children program or may resolve the dispute if both 56.21 parties are present. 56.22 Subd. 3. [FEE.] Except as provided in this subdivision, a 56.23 person who participates in the cooperation for the children 56.24 program shall pay a fee to defray the cost of the program. A 56.25 party who qualifies for waiver of filing fees under Minnesota 56.26 Statutes, section 563.01, is exempt from paying the program fee 56.27 and the court shall waive the fee or direct its payment under 56.28 Minnesota Statutes, section 563.01. Program providers shall 56.29 implement a sliding fee scale. 56.30 Subd. 4. [EVALUATION.] By December 15, 1999, the state 56.31 court administrator shall submit to the legislature a report 56.32 evaluating the cooperation for the children program pilot 56.33 project based on at least 12 months of data from the project. 56.34 Sec. 11. [FEDERAL FUNDS FOR VISITATION AND ACCESS.] 56.35 The commissioner of human services may accept on behalf of 56.36 the state any federal funding received under Public Law Number 57.1 104-193 for access and visitation programs, and shall transfer 57.2 these funds to the state court administrator for the cooperation 57.3 for the children pilot project and the parent education program 57.4 under Minnesota Statutes, section 518.571. 57.5 Sec. 12. [REPEALER.] 57.6 Minnesota Statutes 1996, section 256.996, is repealed. 57.7 Sec. 13. [EFFECTIVE DATE.] 57.8 Section 11 is effective the day following final enactment. 57.9 ARTICLE 3 57.10 TECHNICAL AND CONFORMING AMENDMENTS 57.11 Section 1. 1997 S.F. No. 1908, article 6, section 3, 57.12 subdivision 1, if enacted, is amended to read: 57.13 Subdivision 1. [DEFINITIONS.] The definitions in this 57.14 subdivision apply to this section. 57.15 (a) "Account" means a demand deposit account, checking or 57.16 negotiable withdraw order account, savings account, time deposit 57.17 account, or money market mutual fund. 57.18 (b) "Account information" means the type of account, the 57.19 account number, whether the account is singly or jointly owned, 57.20 and in the case of jointly owned accounts the name and address 57.21 of the nonobligor account owner if available. 57.22 (c) "Financial institution" means any of the following that 57.23 do business within the state: 57.24 (1) federal or state commercial banks and federal or state 57.25 savings banks, including savings and loan associations and 57.26 cooperative banks; 57.27 (2) federal and state chartered credit unions; 57.28 (3) benefit associations; 57.29 (4) life insurance companies; 57.30 (5) safe deposit companies; and 57.31 (6) money market mutual funds. 57.32 (d) "Obligor" means an individual who is in arrears in 57.33 court-ordered child support or maintenance payments, or both, in 57.34 an amount equal to or greater than three times the obligor's 57.35 total monthly support and maintenance payments, and is not in 57.36 compliance with a written payment agreement regarding both 58.1 current support and arrearages approved by the court, an 58.2 administrative law judge, or the public authority. 58.3 (e) "Public authority" means the public authority 58.4 responsible for child support enforcement. 58.5 Sec. 2. 1997 S.F. No. 1908, article 6, section 3, 58.6 subdivision 4, if enacted, is amended to read: 58.7 Subd. 4. [METHOD TO PROVIDE DATA.] To comply with the 58.8 requirements of this section, a financial institution may either: 58.9 (1) provide to the public authority a list containing only 58.10 the names and other necessary personal identifying information 58.11 of all account holders for the public authority to compare 58.12 against its list of child support obligors for the purpose of 58.13 identifying which obligors maintain an account at the financial 58.14 institution; the names of the obligors who maintain an account 58.15 at the institution shall then be transmitted to the financial 58.16 institution which shall provide the public authority with 58.17 account information on those obligors; or 58.18 (2) obtain a list of child support obligors from the public 58.19 authority and compare that data to the data maintained at the 58.20 financial institution to identify which of the identified 58.21 obligors maintains an account at the financial institution. 58.22 A financial institution shall elect either method in 58.23 writing upon written request of the public authority, and the 58.24 election remains in effect unless the public authority agrees in 58.25 writing to a change. 58.26 The commissioner shall keep track of the number of 58.27 financial institutions that elect to report under clauses (1) 58.28 and (2) respectively and shall report this information to the 58.29 legislature by December 1, 1999. 58.30 Sec. 3. 1997 S.F. No. 1908, article 6, section 3, 58.31 subdivision 6, if enacted, is amended to read: 58.32 Subd. 6. [ACCESS TO DATA.] (a) With regard to account 58.33 information on all account holders provided by a financial 58.34 institution under subdivision 4, clause (1), the commissioner of 58.35 human services shall retain the reported information only until 58.36 the account information is compared against the public 59.1 authority's obligor database. Notwithstanding section 138.17, 59.2 all account information that does not pertain to an obligor 59.3 listed in the public authority's database must be immediately 59.4 discarded, and no retention or publication may be made of that 59.5 data by the public authority. All account information that does 59.6 pertain to an obligor listed in the public authority's database 59.7 must be incorporated into the public authority's database. 59.8 Access to that data is governed by chapter 13. Notwithstanding 59.9 section 16D.06, data collected pursuant to this chapter is 59.10 available for the collection of child support debt only and is 59.11 not available for other debt collection activities undertaken by 59.12 the state under chapter 16D. 59.13 (b) With regard to data on obligors provided by the public 59.14 authority to a financial institution under subdivision 4, clause 59.15 (2), the financial institution shall retain the reported 59.16 information only until the financial institution's database is 59.17 compared against the public authority's database. Data that do 59.18 not pertain to an account holder at the financial institution 59.19 must be immediately discarded, and no retention or publication 59.20 may be made of that data by the financial institution. 59.21 Sec. 4. 1997 S.F. No. 1908, article 6, section 3, 59.22 subdivision 10, if enacted, is amended to read: 59.23 Subd. 10. [CIVIL ACTION FOR UNAUTHORIZED DISCLOSURE BY 59.24 FINANCIAL INSTITUTION.] (a) An account holder may bring a civil 59.25 action in district court against a financial institution for 59.26 unauthorized disclosure of data received from the public 59.27 authority under subdivision 4, clause (2). A financial 59.28 institution found to have violated this subdivision shall be 59.29 liable as provided in paragraph (b) or (c). 59.30 (b) Any financial institution that willfully and 59.31 maliciously discloses data received from the public authority 59.32 under subdivision 4 is liable to that account holder in an 59.33 amount equal to the sum of: 59.34 (1) any actual damages sustained by the consumeraccount 59.35 holder as a result of the disclosure; and 59.36 (2) in the case of any successful action to enforce any 60.1 liability under this section, the costs of the action taken plus 60.2 reasonable attorney's fees as determined by the court. 60.3 (c) Any financial institution that negligently discloses 60.4 data received from the public authority under subdivision 4 is 60.5 liable to that account holder in an amount equal to any actual 60.6 damages sustained by the account holder as a result of the 60.7 disclosure. 60.8 (d) A financial institution may not be held liable in any 60.9 action brought under this subdivision if the financial 60.10 institution shows, by a preponderance of evidence, that the 60.11 disclosure was not intentional and resulted from a bona fide 60.12 error notwithstanding the maintenance of procedures reasonably 60.13 adaptedadopted to avoid any error. 60.14 Sec. 5. 1997 S.F. No. 1908, article 6, section 5, 60.15 subdivision 4, if enacted, is amended to read: 60.16 Subd. 4. [EFFECT OF ASSIGNMENT.] Assignments in this 60.17 section take effect upon a determination that the applicant is 60.18 eligible for public assistance. The amount of support assigned 60.19 under this subdivision may not exceed the total amount of public 60.20 assistance issued or the total support obligation, whichever is 60.21 less. Child care support collections made pursuant to an 60.22 assignment under subdivision 2, paragraph (c), must be 60.23 transferred, subject to any limitations of federal law, from the 60.24 commissioner of human services to the commissioner of children, 60.25 families, and learning and dedicated to the child care fund 60.26 under chapter 119B. These collections are in addition to state 60.27 and federal funds appropriated to the child care fund. 60.28 Sec. 6. Minnesota Statutes 1996, section 256.978, 60.29 subdivision 2, as amended by 1997 S.F. No. 1908, article 6, 60.30 section 12, if enacted, is amended to read: 60.31 Subd. 2. [ACCESS TO INFORMATION.] (a) A request for 60.32 information by the public authority responsible for child 60.33 support of this state or any other state may be made to: 60.34 (1) employers when there is reasonable cause to believe 60.35 that the subject of the inquiry is or was an employee or 60.36 independent contractor of the employer. Information to be 61.1 released by employers of employees is limited to place of 61.2 residence, employment status, wage or payment information, 61.3 benefit information, and social security number. Information to 61.4 be released by employers of independent contractors is limited 61.5 to place of residence or address, contract status, payment 61.6 information, benefit information, and social security number or 61.7 identification number; 61.8 (2) utility companies when there is reasonable cause to 61.9 believe that the subject of the inquiry is or was a retail 61.10 customer of the utility company. Customer information to be 61.11 released by utility companies is limited to place of residence, 61.12 home telephone, work telephone, source of income, employer and 61.13 place of employment, and social security number; 61.14 (3) insurance companies when there is reasonable cause to 61.15 believe that the subject of the inquiry is or was receiving 61.16 funds either in the form of a lump sum or periodic payments. 61.17 Information to be released by insurance companies is limited to 61.18 place of residence, home telephone, work telephone, employer, 61.19 social security number, and amounts and type of payments made to 61.20 the subject of the inquiry; 61.21 (4) labor organizations when there is reasonable cause to 61.22 believe that the subject of the inquiry is or was a member of 61.23 the labor association. Information to be released by labor 61.24 associations is limited to place of residence, home telephone, 61.25 work telephone, social security number, and current and past 61.26 employment information; and 61.27 (5) financial institutions when there is reasonable cause 61.28 to believe that the subject of the inquiry has or has had 61.29 accounts, stocks, loans, certificates of deposits, treasury 61.30 bills, life insurance policies, or other forms of financial 61.31 dealings with the institution. Information to be released by 61.32 the financial institution is limited to place of residence, home 61.33 telephone, work telephone, identifying information on the type 61.34 of financial relationships, social security number, current 61.35 value of financial relationships, and current indebtedness of 61.36 the subject with the financial institution. 62.1 (b) For purposes of this subdivision, utility companies 62.2 include telephone companies, radio common carriers, and 62.3 telecommunications carriers as defined in section 237.01, and 62.4 companies that provide electrical, telephone, natural gas, 62.5 propane gas, oil, coal, or cable television services to retail 62.6 customers. The term financial institution includes banks, 62.7 savings and loans, credit unions, brokerage firms, mortgage 62.8 companies, insurance companies, benefit associations, safe 62.9 deposit companies, money market mutual funds, or similar 62.10 entities authorized to do business in the state. 62.11 Sec. 7. Minnesota Statutes 1996, section 256.998, 62.12 subdivision 3, is amended to read: 62.13 Subd. 3. [DUTY TO REPORT.] Employers doing business in 62.14 this state shall report to the commissioner of human services 62.15 the hiring of any employee who resides or works in this state to 62.16 whom the employer anticipates paying earnings. Employers shall 62.17 submit reports required under this subdivision within 1520 62.18 calendar days of the date of hiring of the employee. 62.19 Employers are not required to report the hiring of any 62.20 person who will be employed for less than two months' duration; 62.21 and will have gross earnings less than $250 per month. 62.22 Sec. 8. Minnesota Statutes 1996, section 257.75, 62.23 subdivision 4, is amended to read: 62.24 Subd. 4. [ACTION TO VACATE RECOGNITION.] An action to 62.25 vacate a recognition of paternity may be brought by the mother, 62.26 father, husband or former husband who executed a joinder, or the 62.27 child. An action to vacate a recognition of parentage may be 62.28 brought by the public authority. A mother, father, or husband 62.29 or former husband who executed a joinder must bring the action 62.30 within one year of the execution of the recognition or within 62.31 six months after the person bringing the action obtains the 62.32 results of blood or genetic tests that indicate that the man who 62.33 executed the recognition is not the father of the child. A 62.34 child must bring an action to vacate within six months after the 62.35 child obtains the result of blood or genetic tests that indicate 62.36 that the man who executed the recognition is not the father of 63.1 the child, or within one year of reaching the age of majority, 63.2 whichever is later. If the court finds a prima facie basis for 63.3 vacating the recognition, the court shall order the child, 63.4 mother, father, and husband or former husband who executed a 63.5 joinder to submit to blood tests. If the court issues an order 63.6 for the taking of blood tests, the court shall require the party 63.7 seeking to vacate the recognition to make advance payment for 63.8 the costs of the blood tests. If the party fails to pay for the 63.9 costs of the blood tests, the court shall dismiss the action to 63.10 vacate with prejudice. The court may also order the party 63.11 seeking to vacate the recognition to pay the other party's 63.12 reasonable attorney fees, costs, and disbursements. If the 63.13 results of the blood tests establish that the man who executed 63.14 the recognition is not the father, the court shall vacate the 63.15 recognition. If a recognition is vacated, any joinder in the 63.16 recognition under subdivision 1a is also vacated. The court 63.17 shall terminate the obligation of a party to pay ongoing child 63.18 support based on the recognition. A modification of child 63.19 support based on a recognition may be made retroactive with 63.20 respect to any period during which the moving party has pending 63.21 a motion to vacate the recognition but only from the date of 63.22 service of notice of the motion on the responding party. 63.23 Sec. 9. Minnesota Statutes 1996, section 518.54, 63.24 subdivision 6, as amended by 1997 S.F. No. 1908, article 6, 63.25 section 41, if enacted, is amended to read: 63.26 Subd. 6. [INCOME.] (a)"Income" means any form of periodic 63.27 payment to an individual including, but not limited to, wages, 63.28 salaries, payments to an independent contractor, workers' 63.29 compensation, reemployment insurance, annuity, military and 63.30 naval retirement, pension and disability payments. Benefits 63.31 received under Title IV-A of the Social Security Act are not 63.32 income under this section. 63.33 (b) Income also includes nonperiodic distributions of63.34 workers' compensation claims, reemployment claims, personal63.35 injury recoveries for lost wages or salary, proceeds from a63.36 lawsuit for lost wages or salary, severance pay, and bonuses.64.1 Sec. 10. Minnesota Statutes 1996, section 518.551, 64.2 subdivision 12, as amended by 1997 S.F. No. 1908, article 6, 64.3 section 42, if enacted, is amended to read: 64.4 Subd. 12. [OCCUPATIONAL LICENSE SUSPENSION.] (a) Upon 64.5 motion of an obligee, if the court finds that the obligor is or 64.6 may be licensed by a licensing board listed in section 214.01 or 64.7 other state, county, or municipal agency or board that issues an 64.8 occupational license and the obligor is in arrears in 64.9 court-ordered child support or maintenance payments or both in 64.10 an amount equal to or greater than three times the obligor's 64.11 total monthly support and maintenance payments and is not in 64.12 compliance with a written payment agreement regarding both 64.13 current support and arrearages approved by the court, an 64.14 administrative law judge, or the public authority, the 64.15 administrative law judge, or the court shall direct the 64.16 licensing board or other licensing agency to suspend the license 64.17 under section 214.101. The court's order must be stayed for 90 64.18 days in order to allow the obligor to execute a written payment 64.19 agreement regarding both current support and arrearages. The 64.20 payment agreement must be approved by either the court or the 64.21 public authority responsible for child support enforcement. If 64.22 the obligor has not executed or is not in compliance with a 64.23 written payment agreement regarding both current support and 64.24 arrearages after the 90 days expires, the court's order becomes 64.25 effective. If the obligor is a licensed attorney, the court 64.26 shall report the matter to the lawyers professional 64.27 responsibility board for appropriate action in accordance with 64.28 the rules of professional conduct. The remedy under this 64.29 subdivision is in addition to any other enforcement remedy 64.30 available to the court. 64.31 (b) If a public authority responsible for child support 64.32 enforcement finds that the obligor is or may be licensed by a 64.33 licensing board listed in section 214.01 or other state, county, 64.34 or municipal agency or board that issues an occupational license 64.35 and the obligor is in arrears in court-ordered child support or 64.36 maintenance payments or both in an amount equal to or greater 65.1 than three times the obligor's total monthly support and 65.2 maintenance payments and is not in compliance with a written 65.3 payment agreement regarding both current support and arrearages 65.4 approved by the court, an administrative law judge, or the 65.5 public authority, the court, an administrative law judge, or the 65.6 public authority shall direct the licensing board or other 65.7 licensing agency to suspend the license under section 214.101. 65.8 If the obligor is a licensed attorney, the public authority may 65.9 report the matter to the lawyers professional responsibility 65.10 board for appropriate action in accordance with the rules of 65.11 professional conduct. The remedy under this subdivision is in 65.12 addition to any other enforcement remedy available to the public 65.13 authority. 65.14 (c) At least 90 days before notifying a licensing authority 65.15 or the lawyers professional responsibility board under paragraph 65.16 (b), the public authority shall mail a written notice to the 65.17 license holder addressed to the license holder's last known 65.18 address that the public authority intends to seek license 65.19 suspension under this subdivision and that the license holder 65.20 must request a hearing within 30 days in order to contest the 65.21 suspension. If the license holder makes a written request for a 65.22 hearing within 30 days of the date of the notice, either a court 65.23 hearing or a contested administrative proceeding must be held 65.24 under section 518.5511, subdivision 4. Notwithstanding any law 65.25 to the contrary, the license holder must be served with 14 days' 65.26 notice in writing specifying the time and place of the hearing 65.27 and the allegations against the license holder. The notice may 65.28 be served personally or by mail. If the public authority does 65.29 not receive a request for a hearing within 30 days of the date 65.30 of the notice, and the obligor does not execute a written 65.31 payment agreement regarding both current support and arrearages 65.32 approved by the public authority within 90 days of the date of 65.33 the notice, the public authority shall direct the licensing 65.34 board or other licensing agency to suspend the obligor's license 65.35 under paragraph (b), or shall report the matter to the lawyers 65.36 professional responsibility board. 66.1 (d) The administrative law judge, on behalf of the public 66.2 authority, or the court shall notify the lawyers professional 66.3 responsibility board for appropriate action in accordance with 66.4 the rules of professional responsibility conduct or order the 66.5 licensing board or licensing agency to suspend the license if 66.6 the judge finds that: 66.7 (1) the person is licensed by a licensing board or other 66.8 state agency that issues an occupational license; 66.9 (2) the person has not made full payment of arrearages 66.10 found to be due by the public authority; and 66.11 (3) the person has not executed or is not in compliance 66.12 with a payment plan approved by the court, an administrative law 66.13 judge, or the public authority. 66.14 (e) Within 15 days of the date on which the obligor either 66.15 makes full payment of arrearages found to be due by the court or 66.16 public authority or executes and initiates good faith compliance 66.17 with a written payment plan approved by the court, an 66.18 administrative law judge, or the public authority, the court, an 66.19 administrative law judge, or the public authority responsible 66.20 for child support enforcement shall notify the licensing board 66.21 or licensing agency or the lawyers professional responsibility 66.22 board that the obligor is no longer ineligible for license 66.23 issuance, reinstatement, or renewal under this subdivision. 66.24 (f) In addition to the criteria established under this 66.25 section for the suspension of an obligor's occupational license, 66.26 a court, an administrative law judge, or the public authority 66.27 may direct the licensing board or other licensing agency to 66.28 suspend the license of a party who has failed, after receiving 66.29 notice, to comply with a subpoena relating to a paternity or 66.30 child support proceeding. Notice to an obligor of intent to 66.31 suspend must be served by first class mail at the obligor's last 66.32 known address. The notice must inform the obligor of the right 66.33 to request a hearing. If the obligor makes a written request 66.34 within ten days of the date of the hearing, a contested 66.35 administrative proceeding must be held under section 518.5511, 66.36 subdivision 4. At the hearing, the only issues to be considered 67.1 are mistake of fact and whether the obligor received the 67.2 subpoena. 67.3 (g) The license of an obligor who fails to remain in 67.4 compliance with an approved payment agreement may be suspended. 67.5 Notice to the obligor of an intent to suspend under this 67.6 paragraph must be served by first class mail at the obligor's 67.7 last known address and must include a notice of hearing. The 67.8 notice must be served upon the obligor not less than ten days 67.9 before the date of the hearing. If the obligor appears at the 67.10 hearing and the judge determines that the obligor has failed to 67.11 comply with an approved payment agreement, the judge shall 67.12 notify the occupational licensing board or agency to suspend the 67.13 obligor's license under paragraph (c). If the obligor fails to 67.14 appear at the hearing, the public authority may notify the 67.15 occupational or licensing board to suspend the obligor's license 67.16 under paragraph (c). 67.17 Sec. 11. Minnesota Statutes 1996, section 518.5512, 67.18 subdivision 2, as amended by 1997 S.F. No. 1908, article 6, 67.19 section 44, is amended to read: 67.20 Subd. 2. [PATERNITY.] (a) After service of the notice and 67.21 proposed order, a nonattorney employee of the public authority 67.22 may order the child, mother, or alleged father to submit to 67.23 blood or genetic tests. In a case with multiple alleged 67.24 fathers, a nonattorney employee of the public authority may 67.25 order the child, mother, and alleged fathers to submit to blood 67.26 or genetic tests after service of the notice of the parentage 67.27 proceeding. The order for genetic tests must be served by 67.28 personal service. The order of the public authority shall be 67.29 effective unless, within 20 days of the date of the order, the 67.30 child, mother, or an alleged father requests a contested 67.31 administrative proceeding under section 518.5511, subdivision 67.32 3a. If a contested administrative proceeding is requested and 67.33 held, any order issued by an administrative law judge supersedes 67.34 the order issued by the public authority. In all other cases, 67.35 the order of the public authority is controlling. Failure to 67.36 comply with the order for blood or genetic tests may result in a 68.1 default determination of parentage. 68.2 (b) If parentage is contested at the administrative 68.3 hearing, the administrative law judge may order temporary child 68.4 support under section 257.62, subdivision 5, and shall refer the 68.5 case to the district court. 68.6 (c) The district court may appoint counsel for an indigent 68.7 alleged father only after the return of the blood or genetic 68.8 test results from the testing laboratory. 68.9 Sec. 12. Minnesota Statutes 1996, section 518C.305, is 68.10 amended to read: 68.11 518C.305 [DUTIES AND POWERS OF RESPONDING TRIBUNAL.] 68.12 (a) When a responding tribunal of this state receives a 68.13 petition or comparable pleading from an initiating tribunal or 68.14 directly pursuant to section 518C.301, paragraph (c), it shall 68.15 cause the petition or pleading to be filed and notify the 68.16 petitioner by first class mailwhere and when it was filed. 68.17 (b) A responding tribunal of this state, to the extent 68.18 otherwise authorized by law, may do one or more of the following: 68.19 (1) issue or enforce a support order, modify a child 68.20 support order, or render a judgment to determine parentage; 68.21 (2) order an obligor to comply with a support order, 68.22 specifying the amount and the manner of compliance; 68.23 (3) order income withholding; 68.24 (4) determine the amount of any arrearages, and specify a 68.25 method of payment; 68.26 (5) enforce orders by civil or criminal contempt, or both; 68.27 (6) set aside property for satisfaction of the support 68.28 order; 68.29 (7) place liens and order execution on the obligor's 68.30 property; 68.31 (8) order an obligor to keep the tribunal informed of the 68.32 obligor's current residential address, telephone number, 68.33 employer, address of employment, and telephone number at the 68.34 place of employment; 68.35 (9) issue a bench warrant for an obligor who has failed 68.36 after proper notice to appear at a hearing ordered by the 69.1 tribunal and enter the bench warrant in any local and state 69.2 computer systems for criminal warrants; 69.3 (10) order the obligor to seek appropriate employment by 69.4 specified methods; 69.5 (11) award reasonable attorney's fees and other fees and 69.6 costs; and 69.7 (12) grant any other available remedy. 69.8 (c) A responding tribunal of this state shall include in a 69.9 support order issued under this chapter, or in the documents 69.10 accompanying the order, the calculations on which the support 69.11 order is based. 69.12 (d) A responding tribunal of this state may not condition 69.13 the payment of a support order issued under this chapter upon 69.14 compliance by a party with provisions for visitation. 69.15 (e) If a responding tribunal of this state issues an order 69.16 under this chapter, the tribunal shall send a copy of the order 69.17 by first class mailto the petitioner and the respondent and to 69.18 the initiating tribunal, if any. 69.19 Sec. 13. Minnesota Statutes 1996, section 518C.306, is 69.20 amended to read: 69.21 518C.306 [INAPPROPRIATE TRIBUNAL.] 69.22 If a petition or comparable pleading is received by an 69.23 inappropriate tribunal of this state, it shall forward the 69.24 pleading and accompanying documents to an appropriate tribunal 69.25 in this state or another state and notify the petitioner by69.26 first class mailwhere and when the pleading was sent. 69.27 Sec. 14. Minnesota Statutes 1996, section 518C.307, is 69.28 amended to read: 69.29 518C.307 [DUTIES OF SUPPORT ENFORCEMENT AGENCY.] 69.30 (a) A support enforcement agency of this state, upon 69.31 request, shall provide services to a petitioner in a proceeding 69.32 under this chapter. 69.33 (b) A support enforcement agency that is providing services 69.34 to the petitioner as appropriate shall: 69.35 (1) take all steps necessary to enable an appropriate 69.36 tribunal in this state or another state to obtain jurisdiction 70.1 over the respondent; 70.2 (2) request an appropriate tribunal to set a date, time, 70.3 and place for a hearing; 70.4 (3) make a reasonable effort to obtain all relevant 70.5 information, including information as to income and property of 70.6 the parties; 70.7 (4) within two days, exclusive of Saturdays, Sundays, and 70.8 legal holidays, after receipt of a written notice from an 70.9 initiating, responding, or registering tribunal, send a copy of 70.10 the notice by first class mailto the petitioner; 70.11 (5) within two days, exclusive of Saturdays, Sundays, and 70.12 legal holidays, after receipt of a written communication from 70.13 the respondent or the respondent's attorney, send a copy of the 70.14 communication by first class mailto the petitioner; and 70.15 (6) notify the petitioner if jurisdiction over the 70.16 respondent cannot be obtained. 70.17 (c) This chapter does not create or negate a relationship 70.18 of attorney and client or other fiduciary relationship between a 70.19 support enforcement agency or the attorney for the agency and 70.20 the individual being assisted by the agency. 70.21 Sec. 15. Minnesota Statutes 1996, section 518C.605, is 70.22 amended to read: 70.23 518C.605 [NOTICE OF REGISTRATION OF ORDER.] 70.24 (a) When a support order or income-withholding order issued 70.25 in another state is registered, the registering tribunal shall 70.26 notify the nonregistering party. Notice must be given by70.27 certified or registered mail or by any means of personal service70.28 authorized by the law of this state.The notice must be 70.29 accompanied by a copy of the registered order and the documents 70.30 and relevant information accompanying the order. 70.31 (b) The notice must inform the nonregistering party: 70.32 (1) that a registered order is enforceable as of the date 70.33 of registration in the same manner as an order issued by a 70.34 tribunal of this state; 70.35 (2) that a hearing to contest the validity or enforcement 70.36 of the registered order must be requested within 20 days after 71.1 the date of mailing or personal service of thenotice; 71.2 (3) that failure to contest the validity or enforcement of 71.3 the registered order in a timely manner will result in 71.4 confirmation of the order and enforcement of the order and the 71.5 alleged arrearages and precludes further contest of that order 71.6 with respect to any matter that could have been asserted; and 71.7 (4) of the amount of any alleged arrearages. 71.8 (c) Upon registration of an income-withholding order for 71.9 enforcement, the registering tribunal shall notify the obligor's 71.10 employer pursuant to section 518.611 or 518.613. 71.11 Sec. 16. Minnesota Statutes 1996, section 518C.606, is 71.12 amended to read: 71.13 518C.606 [PROCEDURE TO CONTEST VALIDITY OR ENFORCEMENT OF 71.14 REGISTERED ORDER.] 71.15 (a) A nonregistering party seeking to contest the validity 71.16 or enforcement of a registered order in this state shall request 71.17 a hearing within 20 days after the date of mailing or personal71.18 service ofnotice of the registration. The nonregistering party 71.19 may seek to vacate the registration, to assert any defense to an 71.20 allegation of noncompliance with the registered order, or to 71.21 contest the remedies being sought or the amount of any alleged 71.22 arrearages pursuant to section 518C.607. 71.23 (b) If the nonregistering party fails to contest the 71.24 validity or enforcement of the registered order in a timely 71.25 manner, the order is confirmed by operation of law. 71.26 (c) If a nonregistering party requests a hearing to contest 71.27 the validity or enforcement of the registered order, the 71.28 registering tribunal shall schedule the matter for hearing and 71.29 give notice to the parties by first class mailof the date, 71.30 time, and place of the hearing. 71.31 Sec. 17. Minnesota Statutes 1996, section 548.091, 71.32 subdivision 9, as added by 1997 S.F. No. 1908, article 6, 71.33 section 79, if enacted, is amended to read: 71.34 Subd. 9. [PAYOFF STATEMENT.] The public authority shall 71.35 issue to the obligor, attorneys, lenders, and closers, or their 71.36 agents, a payoff statement setting forth conclusively the amount 72.1 necessary to satisfy the lien. Payoff statements must be issued 72.2 within three business days after receipt of a request by mail, 72.3 personal delivery, telefacsimile, or December 15, 1997February 75.15 15, 1998. 75.16 Sec. 6. Laws 1997, chapter 85, article 3, is amended by 75.17 adding a section to read: 75.18 Sec. 58. Minnesota Statutes 1996, section 268.0122, 75.19 subdivision 5, is amended to read: 75.20 Subd. 5. [RULEMAKING.] (a) The commissioner may make 75.21 emergency and permanent rules to carry out this chapter. 75.22 (b) Effective July 1, 1997, the commissioner may make rules 75.23 to carry out section 256J.51. 75.24 Sec. 7. [EFFECTIVE DATE.] 75.25 An amendment in this article takes effect at the same time 75.26 that the section of law that it amends takes effect.