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SF 4104

as introduced - 91st Legislature (2019 - 2020) Posted on 03/10/2020 08:42am

KEY: stricken = removed, old language.
underscored = added, new language.

Current Version - as introduced

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A bill for an act
relating to human services; children; modifying policy provisions governing
children and families services; amending Minnesota Statutes 2018, sections 256.87,
subdivision 8, by adding a subdivision; 257.70; 518.005, subdivision 5, by adding
a subdivision; 518A.53, subdivision 11; 518A.68; 518A.685; proposing coding
for new law in Minnesota Statutes, chapter 518A.

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

Section 1.

Minnesota Statutes 2018, section 256.87, subdivision 8, is amended to read:


Subd. 8.

Disclosure prohibited.

deleted text beginNotwithstanding statutory or other authorization fordeleted text end
The public authority deleted text begintodeleted text endnew text begin shall notnew text end release private data on the location of a party to the actiondeleted text begin,
information on the location of one party may not be released to the other party by the public
authority
deleted text endnew text begin or the joint childnew text end if:

(1) the public authority has knowledge that deleted text beginadeleted text endnew text begin one party is currently subject to an activenew text end
protective order with respect to the other party deleted text beginhas been entereddeleted text endnew text begin or the joint child and the
protected party or guardian of the joint child has not authorized disclosure
new text end; or

(2) the public authority has reason to believe that the release of the information may
result in physical or emotional harm to deleted text beginthe otherdeleted text end new text begina new text endpartynew text begin or the joint childnew text end.

Sec. 2.

Minnesota Statutes 2018, section 256.87, is amended by adding a subdivision to
read:


new text begin Subd. 8a. new text end

new text begin Disclosure to court; requirement to seal addresses. new text end

new text begin The court shall not
disclose the party's or child's address if the public authority is prohibited from disclosing
private data pursuant to subdivision 8 on the location of a party or joint child, but the public
authority must release address information to the court for purposes of establishing,
modifying, or enforcing support. The address shall be filed on a separate court document
and shall not be accessible to the public or the other parties on the case.
new text end

Sec. 3.

Minnesota Statutes 2018, section 257.70, is amended to read:


257.70 HEARINGS AND RECORDS; CONFIDENTIALITY.

(a) Notwithstanding any other law concerning public hearings and records, any hearing
or trial held under sections 257.51 to 257.74 shall be held in closed court without admittance
of any person other than those necessary to the action or proceeding. All papers and records,
other than the final judgment, pertaining to the action or proceeding, whether part of the
permanent record of the court or of a file in the state Department of Human Services or
elsewhere, are subject to inspection only upon consent of the court and all interested persons,
or in exceptional cases only upon an order of the court for good cause shown.

(b) In all actions under this chapter in which public assistance is assigned under section
256.741 or the public authority provides services to a party or parties to the action,
deleted text begin notwithstanding statutory or other authorization fordeleted text end the public authority deleted text begintodeleted text endnew text begin shall notnew text end release
private data deleted text beginon the location of a party to the action, informationdeleted text end on the location of deleted text beginonedeleted text endnew text begin anew text end
party deleted text beginmay not be released by the public authority to the other partydeleted text endnew text begin to the action or the joint
child
new text end if:

(1) the public authority has knowledge that new text beginone party is currently subject to new text enda protective
order with respect to the other party deleted text beginhas been entereddeleted text endnew text begin or the joint child and the protected
party or guardian of the joint child has not authorized disclosure
new text end; or

(2) the public authority has reason to believe that the release of the information may
result in physical or emotional harm to the other party.

new text begin (c) The court shall not disclose the address if the public authority is prohibited from
disclosing private data pursuant to this section about the location of a party or joint child,
but the public authority must release address information to the court for purposes of
establishing, modifying, or enforcing support. The court must file the address on a separate
court document and the address must not be accessible to the public or to the other parties
on the case.
new text end

Sec. 4.

Minnesota Statutes 2018, section 518.005, subdivision 5, is amended to read:


Subd. 5.

Prohibited disclosure.

In all proceedings under this chapter and chapter 518A
in which public assistance is assigned under section 256.741 or the public authority provides
services to a party or parties to the proceedings, deleted text beginnotwithstanding statutory or other
authorization for
deleted text end the public authority deleted text begintodeleted text endnew text begin shall notnew text end release private data on the location of a
party to the action, deleted text begininformation on the location of one party may not be released by the
public authority to the other party
deleted text endnew text begin or the joint childnew text end if:

(1) the public authority has knowledge that new text beginone party is currently subject to new text enda protective
order with respect to the other party deleted text beginhas been entereddeleted text endnew text begin or the joint child and the protected
party or guardian of the joint child has not authorized disclosure
new text end; or

(2) the public authority has reason to believe that the release of the information may
result in physical or emotional harm to the other party.

Sec. 5.

Minnesota Statutes 2018, section 518.005, is amended by adding a subdivision to
read:


new text begin Subd. 5a. new text end

new text begin Disclosure to court; requirement to seal addresses. new text end

new text begin The court shall not
disclose the party's or child's address if the public authority is prohibited from disclosing
private data pursuant to subdivision 5 about the location of a party or joint child, but the
public authority must release address information to the court for purposes of establishing,
modifying, or enforcing support. The court must file the address on a separate court document
and the address must not be accessible to the public or to the other parties on the case.
new text end

Sec. 6.

Minnesota Statutes 2018, section 518A.53, subdivision 11, is amended to read:


Subd. 11.

Lump-sum payments.

Before transmittal to the obligor of a lump-sum payment
of $500 or more including, but not limited to, severance pay, accumulated sick pay, vacation
pay, bonuses, commissions, or other pay or benefits, a payor of funds:

(1) who has been served with an order for or notice of income withholding under this
section shall:

(i) notify the public authority of the lump-sum payment that is to be paid to the obligor;

(ii) hold the lump-sum payment for 30 days after the date on which the lump-sum payment
would otherwise have been paid to the obligor, notwithstanding sections 176.221, 176.225,
176.521, 181.08, 181.101, 181.11, 181.13, and 181.145; and

(iii) upon order of the court, and after a showing of past willful nonpayment of support,
pay any specified amount of the lump-sum payment to the public authority for future support;
or

(2) shall pay the lessor of the amount of the lump-sum payment or the total amount of
the judgment and arrearages upon service by United States mail of a sworn affidavit from
the public authority or a court order that includes the following information:

(i) that a judgment entered pursuant to section 548.091, subdivision 1a, exists against
the obligor, or that other support arrearages exist;

(ii) the current balance of the judgment or arrearage; and

(iii) that a portion of the judgment or arrearage remains unpaid.

deleted text begin The Consumer Credit Protection Act, title 15 of the United States Code, section 1673(b),
does not apply to lump-sum payments.
deleted text end

Sec. 7.

Minnesota Statutes 2018, section 518A.68, is amended to read:


518A.68 RECREATIONAL LICENSE SUSPENSION.

(a) Upon motion of an obligee or the public authority, deleted text beginwhich has been properly served
on the obligor by first class mail at the last known address or in person,
deleted text end and if deleted text beginat a hearing,deleted text end
the court finds that (1) the obligor is in arrears in court-ordered child support or maintenance
payments, or both, in an amount equal to or greater than six times the obligor's total monthly
support and maintenance payments and is not in compliance with a written payment
agreement pursuant to section 518A.69, or (2) has failed, after receiving notice, to comply
with a subpoena relating to a paternity or child support proceeding, the court may direct the
commissioner of natural resources to suspend or bar receipt of the obligor's recreational
license or licenses. Prior to utilizing this section, the court must find that other substantial
enforcement mechanisms have been attempted but have not resulted in compliance.

(b) For purposes of this section, a recreational license includes all licenses, permits, and
stamps issued centrally by the commissioner of natural resources under sections 97B.301,
97B.401, 97B.501, 97B.515, 97B.601, 97B.715, 97B.721, 97B.801, 97C.301, and 97C.305.

(c) deleted text beginAn obligor whose recreational license or licenses have been suspended or barred
may provide proof to the court that the obligor is in compliance with all written payment
agreements pursuant to section 518A.69.
deleted text end new text beginA motion to reinstate a recreational license by the
obligor, obligee, or public authority may be granted if the court finds:
new text end

new text begin (1) the reason for the suspension was accrual of arrears and the obligor is in compliance
with all written payment agreements pursuant to section 518A.69 or has paid the arrears in
full;
new text end

new text begin (2) the reason for the suspension was failure to comply with a subpoena and the obligor
has complied with the subpoena; or
new text end

new text begin (3) the original motion to suspend was brought by the public authority and the public
authority attests that the IV-D case is eligible for closure.
new text end

Within 15 days of deleted text beginreceipt of that proofdeleted text endnew text begin issuance of an order to reinstate the recreational
license
new text end, the court shall notify the commissioner of natural resources that the obligor's
recreational license or licenses should no longer be suspended nor should receipt be barred.

Sec. 8.

Minnesota Statutes 2018, section 518A.685, is amended to read:


518A.685 CONSUMER REPORTING AGENCY; REPORTING ARREARS.

(a) If a public authority determines that an obligor has not paid the current monthly
support obligation plus any required arrearage payment for three months, the public authority
must report this information to a consumer reporting agency.

(b) Before reporting that an obligor is in arrears for court-ordered child support, the
public authority must:

(1) provide written notice to the obligor that the public authority intends to report the
arrears to a consumer reporting agency; and

(2) mail the written notice to the obligor's last known mailing address at least 30 days
before the public authority reports the arrears to a consumer reporting agency.

(c) The obligor may, within 21 days of receipt of the notice, do the following to prevent
the public authority from reporting the arrears to a consumer reporting agency:

(1) pay the arrears in full; or

(2) request an administrative review. An administrative review is limited to issues of
mistaken identity, a pending legal action involving the arrears, or an incorrect arrears balance.

deleted text begin (d) If the public authority has reported that an obligor is in arrears for court-ordered
child support and subsequently determines that the obligor has paid the court-ordered child
support arrears in full, or is paying the current monthly support obligation plus any required
arrearage payment, the public authority must report to the consumer reporting agency that
the obligor is currently paying child support as ordered by the court.
deleted text end

deleted text begin (e)deleted text endnew text begin (d)new text end A public authority that reports arrearage information under this section must
make monthly reports to a consumer reporting agency. The monthly report must be consistent
with credit reporting industry standards for child support.

deleted text begin (f)deleted text endnew text begin (e)new text end For purposes of this section, "consumer reporting agency" has the meaning given
in section 13C.001, subdivision 4, and United States Code, title 15, section 1681a(f).

Sec. 9.

new text begin [518A.80] MOTION TO TRANSFER TO TRIBAL COURT.
new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

new text begin (a) For purposes of this section, the terms defined in this
subdivision have the meanings given them.
new text end

new text begin (b) "Case participant" means a party to the case that is a natural person.
new text end

new text begin (c) "District court" means a district court of the state of Minnesota.
new text end

new text begin (d) "Party" means a person or entity named or admitted as a party or seeking to be
admitted as a party in the district court action, including the county IV-D agency, whether
or not named in the caption.
new text end

new text begin (e) "Tribal court" means a tribal court of a federally recognized Indian tribe located in
Minnesota that is receiving funding from the federal government to operate a child support
program under United States Code, title 42, chapter 7, subchapter IV, part D, sections 654
to 669b.
new text end

new text begin (f) "Tribal IV-D agency" has the meaning given to "tribal IV-D agency" in Code of
Federal Regulations, title 45, part 309.05.
new text end

new text begin (g) "Title IV-D child support case" has the meaning given to "IV-D case" in section
518A.26, subdivision 10.
new text end

new text begin Subd. 2. new text end

new text begin Actions eligible for transfer. new text end

new text begin For purposes of this section, a postjudgment
child support, custody, or parenting time action is eligible for transfer to tribal court. A child
protection action or a dissolution action involving a child is not eligible for transfer to tribal
court pursuant to this section.
new text end

new text begin Subd. 3. new text end

new text begin Motion to transfer. new text end

new text begin (a) A party's or tribal IV-D agency's motion to transfer to
tribal court shall state and allege:
new text end

new text begin (1) the address of each case participant;
new text end

new text begin (2) the tribal affiliation of each case participant, if any;
new text end

new text begin (3) the name, tribal affiliation, if any, and date of birth of each living minor or dependent
child of a case participant who is subject to the action; and
new text end

new text begin (4) the legal and factual basis for the court to make a finding that there is concurrent
jurisdiction in the case.
new text end

new text begin (b) A party or tribal IV-D agency bringing a motion to transfer to tribal court must file
with the court and serve the required documents on each party and the tribal IV-D agency,
regardless of whether the tribal IV-D agency is a party.
new text end

new text begin (c) A party's or tribal IV-D agency's motion to transfer must be accompanied by an
affidavit setting forth facts in support of its motion.
new text end

new text begin (d) When the tribal IV-D agency has not filed a motion to transfer to tribal court, an
affidavit of the tribal IV-D agency stating whether the tribal IV-D agency provides services
to a party must be filed and served on each party within 15 days from the date of service of
the motion.
new text end

new text begin Subd. 4. new text end

new text begin Order to transfer to tribal court. new text end

new text begin (a) Unless a hearing is held under subdivision
6, upon motion of a party or a tribal IV-D agency, a district court must transfer a
postjudgment child support, custody, or parenting time action to a tribal court when the
district court finds that:
new text end

new text begin (1) the district court and tribal court have concurrent jurisdiction;
new text end

new text begin (2) a case participant is receiving services from the tribal IV-D agency; and
new text end

new text begin (3) no party or tribal IV-D agency files and serves a timely objection to the transfer.
new text end

new text begin (b) When the requirements of this subdivision are satisfied, the district court is not
required to hold a hearing. The district court's order transferring the action to tribal court
must contain written findings fulfilling each requirement of this subdivision.
new text end

new text begin Subd. 5. new text end

new text begin Objection to motion to transfer. new text end

new text begin (a) To object to a motion to transfer to a
tribal court, a party or tribal IV-D agency must file with the court and serve on each party
and the tribal IV-D agency a responsive motion objecting to the motion to transfer within
30 days of the motion to transfer's date of service.
new text end

new text begin (b) If a party or tribal IV-D agency files with the court and properly serves a timely
objection to the motion to transfer to a tribal court, the district court must conduct a hearing.
new text end

new text begin Subd. 6. new text end

new text begin Hearing. new text end

new text begin If a hearing is held under this section, the district court must evaluate
and make written findings on all relevant factors, including:
new text end

new text begin (1) whether an issue requires interpretation of tribal law, including the tribal constitution,
statutes, bylaws, ordinances, resolutions, treaties, or case law;
new text end

new text begin (2) whether the action involves tribal traditional or cultural matters;
new text end

new text begin (3) whether the tribe is a party;
new text end

new text begin (4) whether tribal sovereignty, jurisdiction, or territory is an issue;
new text end

new text begin (5) the tribal membership status of each case participant;
new text end

new text begin (6) where the claim arises;
new text end

new text begin (7) the location of the residence of each case participant and the child;
new text end

new text begin (8) whether the parties have by contract chosen a forum or the law to be applied in the
event of a dispute;
new text end

new text begin (9) the timing of any motion to transfer to tribal court, considering each party's and the
court's expenditure of time and resources, and the district court's scheduling order;
new text end

new text begin (10) the court in which the action can be heard and decided most expeditiously;
new text end

new text begin (11) the burdens on each party, including cost, access to and admissibility of evidence,
and matters of procedure; and
new text end

new text begin (12) any other factor that the court determines relevant.
new text end

new text begin Subd. 7. new text end

new text begin Future exercise of jurisdiction. new text end

new text begin Nothing in this section shall be construed to
limit the district court's exercise of jurisdiction where the tribal court waives jurisdiction,
transfers the action back to district court, or otherwise declines to exercise jurisdiction over
the action.
new text end

new text begin Subd. 8. new text end

new text begin Transfer to Red Lake Nation Tribal Court. new text end

new text begin When a party or tribal IV-D
agency brings a motion to transfer to the Red Lake Nation Tribal Court, the court must
transfer the action if the case participants and child resided within the boundaries of the
Red Lake Reservation for the preceding six months.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end