Minnesota Session Laws - 1993, Regular Session

  
    Laws of Minnesota 1993 

                        CHAPTER 322-H.F.No. 129 
           An act relating to the family; providing for 
          suspension of a license for unpaid maintenance; 
          clarifying certain language; modifying provisions for 
          establishment of third-party visitation rights; 
          modifying time period for bringing certain paternity 
          actions; permitting delinquent maintenance payments to 
          be withheld from tax refunds; changing notices 
          required in certain court orders; requiring certain 
          terms in child support orders; providing for 
          third-party compensatory visitation; providing for 
          jurisdiction of certain domestic abuse actions; 
          providing for pleadings to be forwarded; authorizing 
          additional relief; amending Minnesota Statutes 1992, 
          sections 214.101, subdivisions 1 and 4; 257.022, by 
          adding subdivisions; 257.57, subdivision 1; 289A.50, 
          subdivision 5; 518.17, subdivision 3; 518.171, 
          subdivision 1; 518.175, subdivision 6; 518.177; 
          518.55, subdivision 3; 518.551, subdivision 12; 
          518.583; 518.611, subdivision 2; 518.641, subdivision 
          1; and 518B.01, subdivisions 3, 6, 7, and 9; proposing 
          coding for new law in Minnesota Statutes, chapter 518; 
          repealing Minnesota Statutes 1992, section 518.55, 
          subdivisions 2 and 2a. 
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
     Section 1.  Minnesota Statutes 1992, section 214.101, 
subdivision 1, is amended to read: 
    Subdivision 1.  [COURT ORDER; HEARING ON SUSPENSION.] If a 
licensing board receives an order from a court under section 
518.551, subdivision 12, dealing with suspension of a license of 
a person found by the court to be in arrears in child support or 
maintenance payments, or both, the board shall, within 30 days 
of receipt of the court order, provide notice to the licensee 
and hold a hearing.  If the board finds that the person is 
licensed by the board and evidence of full payment of arrearages 
found to be due by the court is not presented at the hearing, 
the board shall suspend the license unless it determines that 
probation is appropriate under subdivision 2.  The only issues 
to be determined by the board are whether the person named in 
the court order is a licensee, whether the arrearages have been 
paid, and whether suspension or probation is appropriate.  The 
board may not consider evidence with respect to the 
appropriateness of the court order or the ability of the person 
to comply with the order.  The board may not lift the suspension 
until the licensee files with the board proof showing that the 
licensee is current in child support payments and maintenance. 
    Sec. 2.  Minnesota Statutes 1992, section 214.101, 
subdivision 4, is amended to read: 
    Subd. 4.  [VERIFICATION OF PAYMENTS.] Before a board may 
terminate probation, remove a suspension, issue, or renew a 
license of a person who has been suspended or placed on 
probation under this section, it shall contact the court that 
referred the matter to the board to determine that the applicant 
is not in arrears for child support or maintenance or both.  The 
board may not issue or renew a license until the applicant 
proves to the board's satisfaction that the applicant is current 
in support payments and maintenance. 
    Sec. 3.  Minnesota Statutes 1992, section 257.022, is 
amended by adding a subdivision to read: 
    Subd. 4.  [ESTABLISHMENT OF INTERFERENCE WITH PARENT AND 
CHILD RELATIONSHIP.] The court may not deny visitation rights 
under this section based on allegations that the visitation 
rights would interfere with the relationship between the 
custodial parent and the child unless after a hearing the court 
determines by a preponderance of the evidence that interference 
would occur. 
    Sec. 4.  Minnesota Statutes 1992, section 257.022, is 
amended by adding a subdivision to read: 
    Subd. 5.  [VISITATION PROCEEDING MAY NOT BE COMBINED WITH 
PROCEEDING UNDER CHAPTER 518B.] Proceedings under this section 
may not be combined with a proceeding under chapter 518B. 
    Sec. 5.  Minnesota Statutes 1992, section 257.57, 
subdivision 1, is amended to read: 
    Subdivision 1.  A child, the child's biological mother, or 
a man presumed to be the child's father under section 257.55, 
subdivision 1, clause (a), (b), or (c) may bring an action: 
    (a) At any time for the purpose of declaring the existence 
of the father and child relationship presumed under section 
257.55, subdivision 1, clause (a), (b), or (c); or 
    (b) Within three years after the child's birth For the 
purpose of declaring the nonexistence of the father and child 
relationship presumed under section 257.55, subdivision 1, 
clause (a), (b), or (c), only if the action is brought within 
two years after the person bringing the action has reason to 
believe that the presumed father is not the father of the child, 
but in no event later than three years after the child's birth.  
However, if the presumed father was divorced from the child's 
mother and if, on or before the 280th day after the judgment and 
decree of divorce or dissolution became final, he did not know 
that the child was born during the marriage or within 280 days 
after the marriage was terminated, the action is not barred 
until one year after the child reaches the age of majority or 
one year after the presumed father knows or reasonably should 
have known of the birth of the child, whichever is earlier.  
After the presumption has been rebutted, paternity of the child 
by another man may be determined in the same action, if he has 
been made a party. 
    Sec. 6.  Minnesota Statutes 1992, section 289A.50, 
subdivision 5, is amended to read: 
    Subd. 5.  [WITHHOLDING OF REFUNDS FROM CHILD SUPPORT AND 
MAINTENANCE DEBTORS.] (a) If a court of this state finds that a 
person obligated to pay child support or maintenance is 
delinquent in making payments, the amount of child support or 
maintenance unpaid and owing, including attorney fees and costs 
incurred in ascertaining or collecting child support or 
maintenance, must be withheld from a refund due the person under 
chapter 290.  The public agency responsible for child support 
enforcement or the parent or guardian of a child for whom the 
support, attorney fees, and costs are owed or the party to whom 
maintenance, attorney fees, and costs are owed may petition the 
district or county court for an order providing for the 
withholding of the amount of child support, maintenance, 
attorney fees, and costs unpaid and owing as determined by court 
order.  The person from whom the refund may be withheld must be 
notified of the petition under the rules of civil procedure 
before the issuance of an order under this subdivision.  The 
order may be granted on a showing to the court that required 
support or maintenance payments, attorney fees, and costs have 
not been paid when they were due. 
    (b) On order of the court, the commissioner shall withhold 
the money from the refund due to the person obligated to pay the 
child support or maintenance.  The amount withheld shall be 
remitted to the public agency responsible for child support 
enforcement or to, the parent or guardian petitioning on behalf 
of the child, or the party to whom maintenance is owed, after 
any delinquent tax obligations of the taxpayer owed to the 
revenue department have been satisfied and after deduction of 
the fee prescribed in section 270A.07, subdivision 1.  An amount 
received by the responsible public agency, or the petitioning 
parent or guardian, or the party to whom maintenance is owed, in 
excess of the amount of public assistance spent for the benefit 
of the child to be supported, or the amount of any 
support, maintenance, attorney fees, and costs that had been the 
subject of the claim under this subdivision that has been paid 
by the taxpayer before the diversion of the refund, must be paid 
to the person entitled to the money.  If the refund is based on 
a joint return, the part of the refund that must be paid to the 
petitioner is the proportion of the total refund that equals the 
proportion of the total federal adjusted gross income of the 
spouses that is the federal adjusted gross income of the spouse 
who is delinquent in making the child support or maintenance 
payments. 
    (c) A petition filed under this subdivision remains in 
effect with respect to any refunds due under this section until 
the support money or maintenance, attorney fees, and costs have 
been paid in full or the court orders the commissioner to 
discontinue withholding the money from the refund due the person 
obligated to pay the support or maintenance, attorney fees, and 
costs.  If a petition is filed under this subdivision concerning 
child support and a claim is made under chapter 270A with 
respect to the individual's refund and notices of both are 
received before the time when payment of the refund is made on 
either claim, the claim relating to the liability that accrued 
first in time must be paid first.  The amount of the refund 
remaining must then be applied to the other claim.  
    Sec. 7.  Minnesota Statutes 1992, section 518.17, 
subdivision 3, is amended to read: 
    Subd. 3.  [CUSTODY ORDER.] (a) Upon adjudging the nullity 
of a marriage, or in a dissolution or separation proceeding, or 
in a child custody proceeding, the court shall make such further 
order as it deems just and proper concerning:  
    (1) the legal custody of the minor children of the parties 
which shall be sole or joint; 
    (2) their physical custody and residence; and 
    (3) their support.  In determining custody, the court shall 
consider the best interests of each child and shall not prefer 
one parent over the other solely on the basis of the sex of the 
parent.  
    (b) The court shall grant the following rights to each of 
the parties, unless specific findings are made under paragraph 
(c), and every custody order must include the following notice 
to the parties:  
NOTICE IS HEREBY GIVEN TO THE PARTIES: 
Each party has the right of access to, and to receive 
copies of, school, medical, dental, religious training, and 
other important records and information about the minor 
children.  Presentation of a copy of this order to the 
custodian of a record or other information about the minor 
children constitutes sufficient authorization for the 
release of the record or information to the requesting 
party.  
Each party shall keep the other party informed as to the 
name and address of the school of attendance of the minor 
children.  Each party has the right to be informed by 
school officials about the children's welfare, educational 
progress and status, and to attend school and 
parent-teacher conferences.  The school is not required to 
hold a separate conference for each party.  
In case of an accident or serious illness of a minor child, 
each party shall notify the other party of the accident or 
illness, and the name of the health care provider and the 
place of treatment. 
Each party has the right to reasonable access and telephone 
contact with the minor children. 
    (c) The court may waive all or part of the notice required 
under paragraph (b) if it finds that it is necessary to protect 
the welfare of a party or child. section 518.68, subdivision 1.  
Each party has the right of access to, and to receive copies of, 
school, medical, dental, religious training, and other important 
records and information about the minor children.  Each party 
has the right of access to information regarding health or 
dental insurance available to the minor children.  Each party 
shall keep the other party informed as to the name and address 
of the school of attendance of the minor children.  Each party 
has the right to be informed by school officials about the 
children's welfare, educational progress and status, and to 
attend school and parent-teacher conferences.  The school is not 
required to hold a separate conference for each party.  In case 
of an accident or serious illness of a minor child, each party 
shall notify the other party of the accident or illness, and the 
name of the health care provider and the place of treatment.  
Each party has the right to reasonable access and telephone 
contact with the minor children.  The court may waive any of the 
rights under this section if it finds it is necessary to protect 
the welfare of a party or child. 
    Sec. 8.  Minnesota Statutes 1992, section 518.171, 
subdivision 1, is amended to read: 
    Subdivision 1.  [ORDER.] Every child support order must 
expressly assign or reserve the responsibility for maintaining 
medical insurance for the minor children and the division of 
uninsured medical and dental costs.  Unless the obligee has 
comparable or better group dependent health insurance coverage 
available at a more reasonable cost, the court shall order the 
obligor to name the minor child as beneficiary on any health and 
dental insurance plan that is available to the obligor on a 
group basis or through an employer or union.  "Health insurance 
coverage" as used in this section does not include medical 
assistance provided under chapter 256, 256B, or 256D. 
    If the court finds that dependent health or dental 
insurance is not available to the obligor on a group basis or 
through an employer or union, or that the group insurer is not 
accessible to the obligee, the court may require the obligor to 
obtain dependent health or dental insurance, or to be liable for 
reasonable and necessary medical or dental expenses of the child.
    If the court finds that the dependent health or dental 
insurance required to be obtained by the obligor does not pay 
all the reasonable and necessary medical or dental expenses of 
the child, or that the dependent health or dental insurance 
available to the obligee does not pay all the reasonable and 
necessary medical or dental expenses of the child, and the court 
finds that the obligor has the financial ability to contribute 
to the payment of these medical or dental expenses, the court 
shall require the obligor to be liable for all or a portion of 
the medical or dental expenses of the child not covered by the 
required health or dental plan. 
    Sec. 9.  Minnesota Statutes 1992, section 518.175, 
subdivision 6, is amended to read: 
    Subd. 6.  [COMPENSATORY VISITATION.] If the court finds 
that the noncustodial parent a person has been wrongfully 
deprived of the duly established right to visitation, the court 
shall order the custodial parent to permit additional visits to 
compensate for the visitation of which the noncustodial parent 
person was deprived.  Additional visits must be: 
    (1) of the same type and duration as the wrongfully denied 
visit; 
    (2) taken within one year after the wrongfully denied 
visit; and 
    (3) at a time acceptable to the noncustodial parent person 
deprived of visitation. 
    Sec. 10.  Minnesota Statutes 1992, section 518.177, is 
amended to read: 
    518.177 [NOTIFICATION REGARDING DEPRIVATION OF PARENTAL 
RIGHTS LAW.] 
    Every court order and judgment and decree concerning 
custody of or visitation with a minor child shall restate the 
provisions of section 609.26 contain the notice set out in 
section 518.68, subdivision 2.  
    Sec. 11.  Minnesota Statutes 1992, section 518.55, 
subdivision 3, is amended to read: 
    Subd. 3.  [NOTICE OF ADDRESS OR RESIDENCE CHANGE.] Every 
obligor shall notify the obligee and the public authority 
responsible for collection, if applicable, of a change of 
address or residence within 60 days of the address or residence 
change.  Every order for support or maintenance must contain a 
conspicuous notice of the requirements of this subdivision 
complying with section 518.68, subdivision 2.  The court may 
waive or modify the requirements of this subdivision by order if 
necessary to protect the obligor from contact by the obligee. 
    Sec. 12.  Minnesota Statutes 1992, section 518.551, 
subdivision 12, is amended to read: 
    Subd. 12.  [OCCUPATIONAL LICENSE SUSPENSION.] Upon petition 
of an obligee or public agency responsible for child support 
enforcement, if the court finds that the obligor is or may be 
licensed by a licensing board listed in section 214.01 and the 
obligor is in arrears in court-ordered child support or 
maintenance payments or both, the court may direct the licensing 
board to conduct a hearing under section 214.101 concerning 
suspension of the obligor's license.  If the obligor is a 
licensed attorney, the court may report the matter to the 
lawyers professional responsibility board for appropriate action 
in accordance with the rules of professional conduct.  The 
remedy under this subdivision is in addition to any other 
enforcement remedy available to the court. 
    Sec. 13.  Minnesota Statutes 1992, section 518.583, is 
amended to read: 
    518.583 [NOTICE OF TAX EFFECT ON CAPITAL GAIN ON SALE OF 
PRINCIPAL RESIDENCE.] 
    If the parties to an action for dissolution own a principal 
residence, the court must make express findings of fact that the 
parties who are represented by an attorney have been advised as 
to the income tax laws respecting the capital gain tax, or that 
parties who are not represented by an attorney have been 
notified that income tax laws regarding the capital gain tax may 
apply to the sale of the residence.  This includes, but is not 
limited to, the exclusion available on the sale of a principal 
residence for those over a certain age under section 121 of the 
Internal Revenue Code of 1986, or other applicable law.  The 
order must expressly provide for the use of that exclusion 
unless the court otherwise orders.  All judgment judgments and 
decrees involving a principal residence must include a the 
following notice to the parties that income tax laws regarding 
the capital gain tax may apply to the sale of the residence and 
that the parties may wish to consult with an attorney concerning 
the applicable laws. as a finding of fact or as an appendix: 
"CAPITAL GAIN ON SALE OF PRINCIPAL RESIDENCE
Income tax laws regarding the capital gain tax may apply to 
the sale of the parties' principal residence and the 
parties may wish to consult with an attorney or tax advisor 
concerning the applicable laws.  These laws may include, 
but are not limited to, the exclusion available on the sale 
of a principal residence for those over a certain age under 
section 121 of the Internal Revenue Code of 1986, or other 
applicable law." 
    Sec. 14.  Minnesota Statutes 1992, section 518.611, 
subdivision 2, is amended to read: 
    Subd. 2.  [CONDITIONS OF INCOME WITHHOLDING.] (a) 
Withholding shall result whenever the obligor fails to make the 
maintenance or support payments, and the following conditions 
are met:  
     (1) the obligor is at least 30 days in arrears; 
     (2) the obligee or the public authority serves written 
notice of income withholding, showing arrearage, on the obligor 
at least 15 days before service of the notice of income 
withholding and a copy of the court's order on the payor of 
funds; 
     (3) within the 15-day period, the obligor fails to move the 
court to deny withholding on the grounds that an arrearage of at 
least 30 days does not exist as of the date of the notice of 
income withholding, or on other grounds limited to mistakes of 
fact, and, ex parte, to stay service on the payor of funds until 
the motion to deny withholding is heard; 
     (4) the obligee or the public authority serves a copy of 
the notice of income withholding, a copy of the court's order, 
and the provisions of this section on the payor of funds; and 
     (5) the obligee serves on the public authority a copy of 
the notice of income withholding, a copy of the court's order, 
an application, and the fee to use the public authority's 
collection services.  
     (b) To pay the arrearage specified in the notice of income 
withholding, the employer or payor of funds shall withhold from 
the obligor's income an additional amount equal to 20 percent of 
the monthly child support or maintenance obligation until the 
arrearage is paid.  
    (c) The obligor may, at any time, waive the written notice 
required by this subdivision.  
    (d) The obligor may move the court, under section 518.64, 
to modify the order respecting the amount of maintenance or 
support. 
    (e) Every order for support or maintenance shall provide 
for a conspicuous notice of the provisions of this 
subdivision that complies with section 518.68, subdivision 2.  
An order without this notice remains subject to this subdivision.
    (f) Absent a court order to the contrary, if an arrearage 
exists at the time an order for ongoing support or maintenance 
would otherwise terminate, income withholding shall continue in 
effect in an amount equal to the former support or maintenance 
obligation plus an additional amount equal to 20 percent of the 
monthly child support obligation, until all arrears have been 
paid in full. 
    Sec. 15.  Minnesota Statutes 1992, section 518.641, 
subdivision 1, is amended to read: 
    Subdivision 1.  [REQUIREMENT.] An order for maintenance or 
child support shall provide for a biennial adjustment in the 
amount to be paid based on a change in the cost of living.  An 
order that provides for a cost-of-living adjustment shall 
specify the cost-of-living index to be applied and the date on 
which the cost-of-living adjustment shall become effective.  The 
court may use the consumer price index for all urban consumers, 
Minneapolis-St. Paul (CPI-U), the consumer price index for wage 
earners and clerical, Minneapolis-St. Paul (CPI-W), or another 
cost-of-living index published by the department of labor which 
it specifically finds is more appropriate.  Cost-of-living 
increases under this section shall be compounded.  The court may 
also increase the amount by more than the cost-of-living 
adjustment by agreement of the parties or by making further 
findings.  The adjustment becomes effective on the first of May 
of the year in which it is made, for cases in which payment is 
made to the public authority.  For cases in which payment is not 
made to the public authority, application for an adjustment may 
be made in any month but no application for an adjustment may be 
made sooner than two years after the date of the dissolution 
decree.  A court may waive the requirement of the cost-of-living 
clause if it expressly finds that the obligor's occupation or 
income, or both, does not provide for cost-of-living adjustment 
or that the order for maintenance or child support has a 
provision such as a step increase that has the effect of a 
cost-of-living clause.  The court may waive a cost-of-living 
adjustment in a maintenance order if the parties so agree in 
writing.  The commissioner of human services may promulgate 
rules for child support adjustments under this section in 
accordance with the rulemaking provisions of chapter 14.  Notice 
of this statute must comply with section 518.68, subdivision 2. 
    Sec. 16.  [518.68] [REQUIRED NOTICES.] 
    Subdivision 1.  [REQUIREMENT.] Every court order for 
judgment and decree that provides for child support, spousal 
maintenance, custody, or visitation must contain certain notices 
as set out in subdivision 2.  The information in the notices 
must be concisely stated in plain language.  The notices must be 
in clearly legible print, but may not exceed two pages.  An 
order or judgment and decree without the notice remains subject 
to all statutes.  The court may waive all or part of the notice 
required under subdivision 2 relating to parental rights under 
section 518.17, subdivision 3, if it finds it is necessary to 
protect the welfare of a party or child. 
    Subd. 2.  [CONTENTS.] The required notices must be 
substantially as follows: 
 IMPORTANT NOTICE 
1.  PAYMENTS TO PUBLIC AGENCY 
Pursuant to Minnesota Statutes, section 518.551, 
subdivision 1, payments ordered for maintenance and support 
must be paid to the public agency responsible for child 
support enforcement as long as the person entitled to 
receive the payments is receiving or has applied for public 
assistance or has applied for support and maintenance 
collection services.  MAIL PAYMENTS TO: 
2.  DEPRIVING ANOTHER OF CUSTODIAL OR PARENTAL RIGHTS -- A 
FELONY 
A person may be charged with a felony who conceals a minor 
child or takes, obtains, retains, or fails to return a 
minor child from or to the child's parent (or person with 
custodial or visitation rights), pursuant to Minnesota 
Statutes, section 609.26.  A copy of that section is 
available from any district court clerk. 
3.  RULES OF SUPPORT, MAINTENANCE, VISITATION 
(a) Payment of support or spousal maintenance is to be as 
ordered, and the giving of gifts or making purchases of 
food, clothing, and the like will not fulfill the 
obligation. 
(b) Payment of support must be made as it becomes due, and 
failure to secure or denial of rights of visitation is NOT 
an excuse for nonpayment, but the aggrieved party must seek 
relief through a proper motion filed with the court. 
(c) The payment of support or spousal maintenance takes 
priority over payment of debts and other obligations. 
(d) A party who remarries after dissolution and accepts 
additional obligations of support does so with the full 
knowledge of the party's prior obligation under this 
proceeding. 
(e) Child support or maintenance is based on annual income, 
and it is the responsibility of a person with seasonal 
employment to budget income so that payments are made 
throughout the year as ordered. 
4.  PARENTAL RIGHTS FROM MINNESOTA STATUTES, SECTION 518.17, 
SUBDIVISION 3 
   Unless otherwise provided by the Court: 
(a) Each party has the right of access to, and to receive 
copies of, school, medical, dental, religious training, and 
other important records and information about the minor 
children.  Each party has the right of access to 
information regarding health or dental insurance available 
to the minor children.  Presentation of a copy of this 
order to the custodian of a record or other information 
about the minor children constitutes sufficient 
authorization for the release of the record or information 
to the requesting party. 
(b) Each party shall keep the other informed as to the name 
and address of the school of attendance of the minor 
children.  Each party has the right to be informed by 
school officials about the children's welfare, educational 
progress and status, and to attend school and parent 
teacher conferences.  The school is not required to hold a 
separate conference for each party. 
(c) In case of an accident or serious illness of a minor 
child, each party shall notify the other party of the 
accident or illness, and the name of the health care 
provider and the place of treatment. 
(d) Each party has the right of reasonable access and 
telephone contact with the minor children. 
5.  WAGE AND INCOME DEDUCTION OF SUPPORT AND MAINTENANCE 
Child support and/or spousal maintenance may be withheld 
from income, with or without notice to the person obligated 
to pay, when the conditions of Minnesota Statutes, sections 
518.611 and 518.613, have been met.  A copy of those 
sections is available from any district court clerk. 
6.  CHANGE OF ADDRESS OR RESIDENCE 
Unless otherwise ordered, the person responsible to make 
support or maintenance payments shall notify the person 
entitled to receive the payment and the public authority 
responsible for collection, if applicable, of a change of 
address or residence within 60 days of the address or 
residence change. 
7.  COST OF LIVING INCREASE OF SUPPORT AND MAINTENANCE 
Child support and/or spousal maintenance may be adjusted 
every two years based upon a change in the cost of living 
(using Department of Labor Consumer Price Index .........., 
unless otherwise specified in this order) when the 
conditions of Minnesota Statutes, section 518.641, are met. 
Cost of living increases are compounded.  A copy of 
Minnesota Statutes, section 518.641, and forms necessary to 
request or contest a cost of living increase are available 
from any district court clerk. 
8.  JUDGMENTS FOR UNPAID SUPPORT 
If a person fails to make a child support payment, the 
payment owed becomes a judgment against the person 
responsible to make the payment by operation of law on or 
after the date the payment is due, and the person entitled 
to receive the payment or the public agency may obtain 
entry and docketing of the judgment WITHOUT NOTICE to the 
person responsible to make the payment under Minnesota 
Statutes, section 548.091. 
9.  JUDGMENTS FOR UNPAID MAINTENANCE 
A judgment for unpaid spousal maintenance may be entered 
when the conditions of Minnesota Statutes, section 548.091, 
are met.  A copy of that section is available from any 
district court clerk. 
10.  MEDICAL INSURANCE AND EXPENSES 
 The person responsible to pay support and the person's 
employer or union are ordered to provide medical and dental 
insurance and pay for uncovered expenses under the 
conditions of Minnesota Statutes, section 518.171, unless 
otherwise provided in this order or the statute.  A copy of 
this statute is available from any district court clerk. 
   Subd. 3.  [COPIES OF LAW AND FORMS.] The district court 
administrator shall make available at no charge copies of 
sections 518.17, 518.611, 518.613, 518.641, 548.091, and 609.26, 
and shall provide forms to request or contest a cost-of-living 
increase under section 518.641. 
    Sec. 17.  Minnesota Statutes 1992, section 518B.01, 
subdivision 3, is amended to read: 
    Subd. 3.  [COURT JURISDICTION.] An application for relief 
under this section may be filed in the court having jurisdiction 
over dissolution actions in the county of residence of either 
party, in the county in which a pending or completed family 
court proceeding involving the parties or their minor children 
was brought, or in the county in which the alleged domestic 
abuse occurred.  In a jurisdiction which utilizes referees in 
dissolution actions, the court or judge may refer actions under 
this section to a referee to take and report the 
evidence therein in the action in the same manner and subject to 
the same limitations as is provided in section 518.13.  Actions 
under this section shall be given docket priorities by the court.
    Sec. 18.  Minnesota Statutes 1992, section 518B.01, 
subdivision 6, is amended to read: 
    Subd. 6.  [RELIEF BY THE COURT.] (a) Upon notice and 
hearing, the court may provide relief as follows: 
    (1) restrain the abusing party from committing acts of 
domestic abuse; 
    (2) exclude the abusing party from the dwelling which the 
parties share or from the residence of the petitioner; 
    (3) award temporary custody or establish temporary 
visitation with regard to minor children of the parties on a 
basis which gives primary consideration to the safety of the 
victim and the children.  Except for cases in which custody is 
contested, findings under section 257.025, 518.17, or 518.175 
are not required.  If the court finds that the safety of the 
victim or the children will be jeopardized by unsupervised or 
unrestricted visitation, the court shall condition or restrict 
visitation as to time, place, duration, or supervision, or deny 
visitation entirely, as needed to guard the safety of the victim 
and the children.  The court's decision on custody and 
visitation shall in no way delay the issuance of an order for 
protection granting other reliefs provided for in this section; 
     (4) on the same basis as is provided in chapter 518, 
establish temporary support for minor children or a spouse, and 
order the withholding of support from the income of the person 
obligated to pay the support according to chapter 518; 
     (5) provide upon request of the petitioner counseling or 
other social services for the parties, if married, or if there 
are minor children; 
    (6) order the abusing party to participate in treatment or 
counseling services; 
    (7) award temporary use and possession of property and 
restrain one or both parties from transferring, encumbering, 
concealing, or disposing of property except in the usual course 
of business or for the necessities of life, and to account to 
the court for all such transfers, encumbrances, dispositions, 
and expenditures made after the order is served or communicated 
to the party restrained in open court; 
    (8) exclude the abusing party from the place of employment 
of the petitioner, or otherwise limit access to the petitioner 
by the abusing party at the petitioner's place of employment; 
    (9) order the abusing party to pay restitution to the 
petitioner; and 
    (10) order the continuance of all currently available 
insurance coverage without change in coverage or beneficiary 
designation; and 
    (11) order, in its discretion, other relief as it deems 
necessary for the protection of a family or household member, 
including orders or directives to the sheriff or constable, as 
provided by this section. 
    (b) Any relief granted by the order for protection shall be 
for a fixed period not to exceed one year, except when the court 
determines a longer fixed period is appropriate.  
    (c) An order granting the relief authorized in paragraph 
(a), clause (1), may not be vacated or modified in a proceeding 
for dissolution of marriage or legal separation, except that the 
court may hear a motion for modification of an order for 
protection concurrently with a proceeding for dissolution of 
marriage upon notice of motion and motion.  The notice required 
by court rule shall not be waived.  If the proceedings are 
consolidated and the motion to modify is granted, a separate 
order for modification of an order for protection shall be 
issued. 
    (d) An order granting the relief authorized in paragraph 
(a), clause (2), is not voided by the admittance of the abusing 
party into the dwelling from which the abusing party is excluded.
    (e) If a proceeding for dissolution of marriage or legal 
separation is pending between the parties, the court shall 
provide a copy of the order for protection to the court with 
jurisdiction over the dissolution or separation proceeding for 
inclusion in its file. 
    (f) An order for restitution issued under this subdivision 
is enforceable as civil judgment. 
    Sec. 19.  Minnesota Statutes 1992, section 518B.01, 
subdivision 7, is amended to read: 
    Subd. 7.  [TEMPORARY ORDER.] (a) Where an application under 
this section alleges an immediate and present danger of domestic 
abuse, the court may grant an ex parte temporary order for 
protection, pending a full hearing, and granting relief as the 
court deems proper, including an order:  
    (1) restraining the abusing party from committing acts of 
domestic abuse; 
    (2) excluding any party from the dwelling they share or 
from the residence of the other except by further order of the 
court; and 
    (3) excluding the abusing party from the place of 
employment of the petitioner or otherwise limiting access to the 
petitioner by the abusing party at the petitioner's place of 
employment; and 
    (4) continuing all currently available insurance coverage 
without change in coverage or beneficiary designation. 
    (b) A finding by the court that there is a basis for 
issuing an ex parte temporary order for protection constitutes a 
finding that sufficient reasons exist not to require notice 
under applicable court rules governing applications for ex parte 
temporary relief. 
    (c) An ex parte temporary order for protection shall be 
effective for a fixed period not to exceed 14 days, except for 
good cause as provided under paragraph (d).  A full hearing, as 
provided by this section, shall be set for not later than seven 
days from the issuance of the temporary order.  The respondent 
shall be served forthwith a copy of the ex parte order along 
with a copy of the petition and notice of the date set for the 
hearing. 
    (d) When service is made by published notice, as provided 
under subdivision 5, the petitioner may apply for an extension 
of the period of the ex parte order at the same time the 
petitioner files the affidavit required under that subdivision.  
The court may extend the ex parte temporary order for an 
additional period not to exceed 14 days.  The respondent shall 
be served forthwith a copy of the modified ex parte order along 
with a copy of the notice of the new date set for the hearing. 
    Sec. 20.  Minnesota Statutes 1992, section 518B.01, 
subdivision 9, is amended to read: 
    Subd. 9.  [ASSISTANCE OF SHERIFF IN SERVICE OR EXECUTION.] 
When an order is issued under this section upon request of the 
petitioner, the court shall order the sheriff or constable to 
accompany the petitioner and assist in placing the petitioner in 
possession of the dwelling or residence, or otherwise assist in 
execution or service of the order of protection.  If the 
application for relief is brought in a county in which the 
respondent is not present, the sheriff shall forward the 
pleadings necessary for service upon the respondent to the 
sheriff of the county in which the respondent is present.  This 
transmittal must be expedited to allow for timely service. 
    Sec. 21.  [REPEALER.] 
    Minnesota Statutes 1992, section 518.55, subdivisions 2 and 
2a, are repealed. 
    Sec. 22.  [EFFECTIVE DATE; APPLICATION.] 
    Section 5 is effective January 1, 1994, and applies to 
actions commenced on or after that date. 
    Presented to the governor May 17, 1993 
    Signed by the governor May 20, 1993, 2:10 p.m.