Office of the Revisor of Statutes
Minnesota Session Laws - 1995, Regular Session
Key: (1) language to be deleted (2) new language
CHAPTER 257-S.F.No. 217
An act relating to family law; providing for
enforcement of child support obligations; expanding
enforcement remedies for child support; authorizing
programs; providing for resolution of custody and
visitation disputes; creating a central child support
payment center; modifying child support data
collection and publication; imposing penalties;
changing provisions relating to recognition of
parentage; adding provisions for administrative
proceedings; modifying children's supervised
visitation facilities; providing for studies;
appropriating money; amending Minnesota Statutes 1994,
sections 13.46, subdivision 2; 168A.05, subdivisions
2, 3, 7, and by adding a subdivision; 168A.16;
168A.20, by adding a subdivision; 168A.21; 168A.29,
subdivision 1; 171.12, by adding a subdivision;
214.101, subdivisions 1 and 4; 256.87, subdivision 5;
256.978, subdivision 1; 256H.02; 257.34, by adding a
subdivision; 257.55, subdivision 1; 257.57,
subdivision 2; 257.60; 257.66, subdivision 4; 257.67,
subdivision 1; 257.75, subdivision 3, and by adding a
subdivision; 517.08, subdivisions 1b and 1c; 518.171,
subdivision 2a; 518.175, by adding a subdivision;
518.18; 518.24; 518.551, subdivisions 5, 12, and by
adding subdivisions; 518.5511, subdivisions 1, 2, 3,
4, 5, 7, and 9; 518.575; 518.611, subdivisions 1, 2,
5, 6, and 8a; 518.613, subdivisions 1, 2, and by
adding a subdivision; 518.614, subdivision 1; 518.64,
subdivisions 2, 4, and by adding a subdivision;
518C.310; 548.15; and 609.375, subdivision 1;
proposing coding for new law in Minnesota Statutes,
chapters 145; 171; 256; 257; and 518; repealing
Minnesota Statutes 1994, sections 214.101,
subdivisions 2 and 3; 518.561; 518.611, subdivision 8;
and 518.64, subdivision 6.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
ARTICLE 1
CHILD SUPPORT ENFORCEMENT AND COOPERATION FOR CHILDREN
Section 1. Minnesota Statutes 1994, section 13.46,
subdivision 2, is amended to read:
Subd. 2. [GENERAL.] (a) Unless the data is summary data or
a statute specifically provides a different classification, data
on individuals collected, maintained, used, or disseminated by
the welfare system is private data on individuals, and shall not
be disclosed except:
(1) pursuant to section 13.05;
(2) pursuant to court order;
(3) pursuant to a statute specifically authorizing access
to the private data;
(4) to an agent of the welfare system, including a law
enforcement person, attorney, or investigator acting for it in
the investigation or prosecution of a criminal or civil
proceeding relating to the administration of a program;
(5) to personnel of the welfare system who require the data
to determine eligibility, amount of assistance, and the need to
provide services of additional programs to the individual;
(6) to administer federal funds or programs;
(7) between personnel of the welfare system working in the
same program;
(8) the amounts of cash public assistance and relief paid
to welfare recipients in this state, including their names and
social security numbers, upon request by the department of
revenue to administer the property tax refund law, supplemental
housing allowance, and the income tax;
(9) to the Minnesota department of economic security for
the purpose of monitoring the eligibility of the data subject
for reemployment insurance, for any employment or training
program administered, supervised, or certified by that agency,
or for the purpose of administering any rehabilitation program,
whether alone or in conjunction with the welfare system, and to
verify receipt of energy assistance for the telephone assistance
plan;
(10) to appropriate parties in connection with an emergency
if knowledge of the information is necessary to protect the
health or safety of the individual or other individuals or
persons;
(11) data maintained by residential facilities as defined
in section 245A.02 may be disclosed to the protection and
advocacy system established in this state pursuant to Part C of
Public Law Number 98-527 to protect the legal and human rights
of persons with mental retardation or other related conditions
who live in residential facilities for these persons if the
protection and advocacy system receives a complaint by or on
behalf of that person and the person does not have a legal
guardian or the state or a designee of the state is the legal
guardian of the person;
(12) to the county medical examiner or the county coroner
for identifying or locating relatives or friends of a deceased
person;
(13) data on a child support obligor who makes payments to
the public agency may be disclosed to the higher education
coordinating board to the extent necessary to determine
eligibility under section 136A.121, subdivision 2, clause (5);
(14) participant social security numbers and names
collected by the telephone assistance program may be disclosed
to the department of revenue to conduct an electronic data match
with the property tax refund database to determine eligibility
under section 237.70, subdivision 4a;
(15) the current address of a recipient of aid to families
with dependent children may be disclosed to law enforcement
officers who provide the name and social security number of the
recipient and satisfactorily demonstrate that: (i) the
recipient is a fugitive felon, including the grounds for this
determination; (ii) the location or apprehension of the felon is
within the law enforcement officer's official duties; and (iii)
the request is made in writing and in the proper exercise of
those duties;
(16) the current address of a recipient of general
assistance, work readiness, or general assistance medical care
may be disclosed to probation officers and corrections agents
who are supervising the recipient, and to law enforcement
officers who are investigating the recipient in connection with
a felony level offense;
(17) information obtained from food stamp applicant or
recipient households may be disclosed to local, state, or
federal law enforcement officials, upon their written request,
for the purpose of investigating an alleged violation of the
food stamp act, in accordance with Code of Federal Regulations,
title 7, section 272.1(c); or
(18) data on a child support obligor who is in arrears may
be disclosed for purposes of publishing the data pursuant to
section 518.575; or
(19) data in the work reporting system may be disclosed
under section 256.998, subdivision 7.
(b) Information on persons who have been treated for drug
or alcohol abuse may only be disclosed in accordance with the
requirements of Code of Federal Regulations, title 42, sections
2.1 to 2.67.
(c) Data provided to law enforcement agencies under
paragraph (a), clause (15), (16), or (17), or paragraph (b), are
investigative data and are confidential or protected nonpublic
while the investigation is active. The data are private after
the investigation becomes inactive under section 13.82,
subdivision 5, paragraph (a) or (b).
(d) Mental health data shall be treated as provided in
subdivisions 7, 8, and 9, but is not subject to the access
provisions of subdivision 10, paragraph (b).
Sec. 2. Minnesota Statutes 1994, section 168A.05,
subdivision 2, is amended to read:
Subd. 2. [RECORD OF CERTIFICATES ISSUED.] The department
shall maintain a record of all certificates of title issued by
it:
(1) Under a distinctive title number assigned to the
vehicle;
(2) By vehicle identifying number;
(3) Alphabetically, under the name of the owner.
Such record shall consist of the certificate of title,
including the notations of all security interests recorded,
assigned, terminated, or released and liens filed pursuant to a
court order or by a public authority responsible for child
support enforcement of which the department has notice, of
duplicate certificates issued or applied for, and such other
information as the department may deem proper.
Sec. 3. Minnesota Statutes 1994, section 168A.05,
subdivision 3, is amended to read:
Subd. 3. [CONTENT OF CERTIFICATE.] Each certificate of
title issued by the department shall contain:
(1) the date issued;
(2) the first, middle, and last names, the dates of birth,
and addresses of all owners who are natural persons, the full
names and addresses of all other owners;
(3) the names and addresses of any secured parties in the
order of priority as shown on the application, or if the
application is based on a certificate of title, as shown on the
certificate, or as otherwise determined by the department;
(4) any liens filed pursuant to a court order or by a
public agency responsible for child support enforcement against
the owner;
(5) the title number assigned to the vehicle;
(5) (6) a description of the vehicle including, so far as
the following data exists, its make, model, year, identifying
number, type of body, whether new or used, and if a new vehicle,
the date of the first sale of the vehicle for use;
(6) (7) with respect to motor vehicles subject to the
provisions of section 325E.15, the true cumulative mileage
registered on the odometer or that the actual mileage is unknown
if the odometer reading is known by the owner to be different
from the true mileage;
(7) (8) with respect to vehicles subject to sections
325F.6641 and 325F.6642, the appropriate term "flood damaged,"
"rebuilt," "prior salvage," or "reconstructed"; and
(8) (9) any other data the department prescribes.
Sec. 4. Minnesota Statutes 1994, section 168A.05,
subdivision 7, is amended to read:
Subd. 7. [JUDICIAL PROCESS RELATING TO CERTIFICATE OR
VEHICLE.] A certificate of title for a vehicle is not subject to
garnishment, attachment, execution, or other judicial process,
but this subdivision does not prevent a lawful levy upon the
vehicle or the lawful enforcement of an administrative lien or
judgment debt or lien filed pursuant to a court order or by a
public authority responsible for child support enforcement.
Sec. 5. Minnesota Statutes 1994, section 168A.05, is
amended by adding a subdivision to read:
Subd. 8. [LIENS FILED FOR ENFORCEMENT OF CHILD
SUPPORT.] This subdivision applies if the court or a public
authority responsible for child support enforcement orders or
directs the commissioner to enter a lien, as provided in section
518.551, subdivision 14. If a certificate of title is applied
for by the owner, the department shall enter a lien on the title
in the name of the state of Minnesota or in the name of the
obligee in accordance with the notice. The lien on the title is
subordinate to any bona fide purchase money security interest as
defined in section 336.9-107 regardless of when the purchase
money security interest is perfected. With respect to all other
security interests, the lien is perfected as of the date entered
on the title. The lien is subject to an exemption in the amount
currently in effect under section 518.551, subdivision 14.
Sec. 6. Minnesota Statutes 1994, section 168A.16, is
amended to read:
168A.16 [INAPPLICABLE LIENS AND SECURITY INTERESTS.]
(a) Sections 168A.01 to 168A.31 do not apply to or affect:
(1) A lien given by statute or rule of law to a supplier of
services or materials for the vehicle;
(2) A lien given by statute to the United States, this
state, or any political subdivision of this state;
(3) A security interest in a vehicle created by a
manufacturer or dealer who holds the vehicle for sale.
(b) Sections 168A.17 to 168A.19 do not apply to or affect a
lien given by statute or assignment to this state or any
political subdivision of this state.
Sec. 7. Minnesota Statutes 1994, section 168A.20, is
amended by adding a subdivision to read:
Subd. 4. [SATISFACTION OF LIEN FOR CHILD SUPPORT.] If the
secured party is a public authority or a child support or
maintenance obligee with a lien under section 168A.05,
subdivision 8, upon either the satisfaction of a security
interest in a vehicle for which the certificate of title is in
the possession of the owner, or the execution by the owner of a
written payment agreement determined to be acceptable by the
court, an administrative law judge, the public authority, or the
obligee, within 15 days the secured party shall execute a
release of security interest on the form prescribed by the
department and mail or deliver the notification with release to
the owner or any person who delivers to the secured party an
authorization from the owner to receive the release.
Sec. 8. Minnesota Statutes 1994, section 168A.21, is
amended to read:
168A.21 [DISCLOSURE OF SECURITY INTEREST.]
Subdivision 1. [GENERAL.] A secured party named in a
certificate of title shall upon written request of the owner or
of another secured party named on the certificate disclose any
pertinent information as to the security agreement and the
indebtedness secured by it.
Subd. 2. [CHILD SUPPORT.] A secured party that is a public
authority or an obligee with a lien under section 168A.05,
subdivision 8, shall, upon written request of the owner,
disclose the amount of the judgment debt secured.
Sec. 9. Minnesota Statutes 1994, section 168A.29,
subdivision 1, is amended to read:
Subdivision 1. [AMOUNTS.] (a) The department shall be paid
the following fees:
(1) for filing an application for and the issuance of an
original certificate of title, the sum of $2;
(2) for each security interest when first noted upon a
certificate of title, including the concurrent notation of any
assignment thereof and its subsequent release or satisfaction,
the sum of $2, except that no fee is due for a security interest
filed by a public authority under section 168A.05, subdivision
8;
(3) for the transfer of the interest of an owner and the
issuance of a new certificate of title, the sum of $2;
(4) for each assignment of a security interest when first
noted on a certificate of title, unless noted concurrently with
the security interest, the sum of $1;
(5) for issuing a duplicate certificate of title, the sum
of $4.
(b) In addition to each of the fees required under
paragraph (a), clauses (1) and (3), the department shall be paid:
(1) from July 1, 1994, to June 30, 1997, $3.50; but then
(2) after June 30, 1997, $1.
The additional fee collected under this paragraph must be
deposited in the transportation services fund and credited to
the state patrol motor vehicle account established in section
299D.10.
Sec. 10. Minnesota Statutes 1994, section 171.12, is
amended by adding a subdivision to read:
Subd. 3b. [RECORD OF IMPROPER SUSPENSION
DESTROYED.] Notwithstanding subdivision 3 or section 138.163,
when an order for suspension of a driver's license issued
pursuant to section 171.186 is rescinded because the license was
improperly suspended and all rights of appeal have been
exhausted or have expired, the commissioner shall remove the
record of that suspension from the computer records that are
disclosed to persons or agencies outside the driver and vehicle
services division of the department of public safety.
Sec. 11. [171.186] [SUSPENSION; NONPAYMENT OF SUPPORT.]
Subdivision 1. [SUSPENSION.] The commissioner shall
suspend a person's driver's license or operating privileges
without a hearing upon receipt of a court order or notice from a
public authority responsible for child support enforcement that
states that the driver is in arrears in court-ordered child
support or maintenance payments, or both, in an amount equal to
or greater than three times the obligor's total monthly support
and maintenance payments, and is not in compliance with a
written payment agreement regarding both current support and
arrearages approved by a court, an administrative law judge, or
the public authority responsible for child support enforcement,
in accordance with section 518.551, subdivision 13.
Subd. 2. [NOTICE.] Upon suspending a driver's license or
operating privileges under this section, the department shall
immediately notify the licensee, in writing, by mailing a notice
addressed to the licensee at the licensee's last known address.
Subd. 3. [DURATION.] A license or operating privilege must
remain suspended and may not be reinstated, nor may a license be
subsequently issued to the person, until the commissioner
receives notice from the court, an administrative law judge, or
public authority responsible for child support enforcement that
the person is in compliance with all current orders of support
or written payment agreements regarding both current support and
arrearages. A fee may not be assessed for reinstatement of a
license under this section.
Sec. 12. Minnesota Statutes 1994, section 214.101,
subdivision 1, is amended to read:
Subdivision 1. [COURT ORDER; HEARING ON SUSPENSION.] (a)
For purposes of this section, "licensing board" means a
licensing board or other state agency that issues an
occupational license.
(b) If a licensing board receives an order from a court or
an administrative law judge or a notice from a public authority
responsible for child support enforcement agency under section
518.551, subdivision 12, dealing with suspension of a license of
a person found by the court or the public agency authority to be
in arrears in child support or maintenance payments, or both,
the board shall, within 30 days of receipt of the court order or
public agency authority notice, 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 or the public agency 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 or public agency
notice 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
underlying child support 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
suspend the license as directed by the order or notice.
Sec. 13. Minnesota Statutes 1994, section 214.101,
subdivision 4, is amended to read:
Subd. 4. [VERIFICATION OF PAYMENTS.] Before A board
may terminate probation, remove a suspension, not issue,
reinstate, or renew a license of a person who has been suspended
or placed on probation or is the subject of an order or notice
under this section, it shall contact until it receives
notification from the court, administrative law judge, or public
agency authority that referred the matter to the board to
determine confirming that the applicant is not in arrears for in
either child support or maintenance or both payments, or
confirming that the person is in compliance with a written
payment plan regarding both current support and arrearages. 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. 14. [256.996] [COOPERATION FOR THE CHILDREN PROGRAM.]
Subdivision 1. [ESTABLISHMENT.] The commissioner of human
services, in consultation with a representative from the office
of administrative hearings and the office of the attorney
general and with input from community groups, shall develop and
implement the cooperation for the children program as an effort
to promote parental relationships with children. The program
must be designed with three distinct components:
(1) addressing the needs of parents for educational
services pertaining to issues of child custody and visitation
arrangements;
(2) providing a nonjudicial forum to aid in the resolution
of custody and visitation issues through facilitation of written
agreements; and
(3) providing mediation services to resolve conflicts
related to custody and visitation issues, when appropriate.
Subd. 2. [PROGRAM DESIGN.] (a) The cooperation for the
children program must be administered by the office of
administrative hearings and, by contract, implemented in
selected counties. The program may accept referrals from the
district court, the child support administrative process, or
self-referral by individuals. The program is voluntary to
participants and must be designed to provide services to
individuals who are parents by virtue of birth or adoption of a
child, individuals adjudicated as parents through a paternity
action or through the recognition of parentage process, or
individuals who have experienced a marriage dissolution. The
program must be designed to screen all referrals for domestic
abuse. The program must coordinate with existing agencies, such
as court services, to provide program services to parents. If a
participating county operates a parenting education program, a
nonjudicial conflict resolution program, or a mediation program,
the cooperation for the children program must utilize the
existing programs to the greatest extent possible in an effort
to minimize costs.
(b) The voluntary issue resolution component of the
cooperation for the children program must facilitate the
parents' discussion of custody and visitation issues in
dispute. If there are allegations or indications of domestic
abuse, the program shall allow the parents to attend separate
sessions with the program facilitator. If agreement of both
parties is reached to the disputed issues through the program
and the agreement contains a sufficient factual basis to support
a finding that the terms are in the best interests of the
children, the agreement may be incorporated into a proposed
order by program counsel for submission to an administrative law
judge or district court judge for execution as a court order.
(c) The mediation component of the program must utilize
certified mediators who are competent in recognizing the
dynamics of domestic abuse and sensitive to the cultural issues
of the participants. To provide services through the
cooperation for the children program, mediators must be approved
by the court in the participating county. Relationships that
involve allegations or indications of domestic abuse are not
appropriate for mediation services through the cooperation for
the children program.
(d) In cases where no agreement is voluntarily reached
through the program, both parents must be provided with forms
sufficient to allow them access to the district court to seek
formal adjudication of the dispute.
Subd. 3. [DEMONSTRATION.] The commissioner shall contract
with the office of administrative hearings and any county to
administer and operate a demonstration project of the
cooperation for the children program.
Subd. 4. [EVALUATION.] By January 15, 1997, and every two
years after that, the office of administrative hearings shall
submit a report to the legislature that identifies the following
information relevant to the implementation of this section:
(1) the number of citizens offered and provided services by
the program;
(2) the circumstances in which the program provided
services, whether in paternity adjudications, situations
involving recognition of parentage executions, dissolutions, or
postdecree matters;
(3) the reduction in court actions, if any, resulting from
the use of the program;
(4) the effect of the program, if any, on the average time
period between case filing and final resolution in family law
cases filed in court in a participating county; and
(5) the cost of implementation and operation of the program
in the participating counties.
Sec. 15. [256.997] [CHILD SUPPORT OBLIGOR COMMUNITY
SERVICE WORK EXPERIENCE PROGRAM.]
Subdivision 1. [AUTHORIZATION.] The commissioner of human
services may contract with a county that operates a community
work experience program or a judicial district department of
corrections that operates a community work experience program to
include child support obligors who are physically able to work
and fail to pay child support as participants in the community
work experience program.
Subd. 2. [LIMITATIONS.] (a) Except as provided in
paragraph (f), a person ordered to participate in a work program
under section 518.617 shall do so if services are available.
(b) A person may not be required to participate for more
than 32 hours per week in the program under this section.
(c) A person may not be required to participate for more
than six weeks for each finding of contempt.
(d) If a person is required by a governmental entity to
participate in another work or training program, the person may
not be required to participate in a program under this section
in a week for more than 32 hours minus the number of hours the
person is required to participate in the other work or training
program in that week.
(e) If a person is employed, the person may not be required
to participate in a program under this section in a week for
more than 80 percent of the difference between 40 hours and the
number of hours actually worked in the unsubsidized job during
that week, to a maximum of 32 hours.
(f) A person who works an average of 32 hours or more per
week in an unsubsidized job is not required to participate in a
program under this section.
Subd. 3. [NOTICE TO COURT.] If a person does not complete
six weeks of participation in a program under this section, the
county operating the program shall inform the court
administrator, by affidavit, of that noncompletion.
Subd. 4. [INJURY PROTECTION FOR WORK EXPERIENCE
PARTICIPANTS.] (a) This subdivision applies to payment of any
claims resulting from an alleged injury or death of a child
support obligor participating in a community work experience
program established and operated by a county or a judicial
district department of corrections under this section.
(b) Claims that are subject to this section must be
investigated by the county agency responsible for supervising
the work to determine whether the claimed injury occurred,
whether the claimed medical expenses are reasonable, and whether
the loss is covered by the claimant's insurance. If insurance
coverage is established, the county agency shall submit the
claim to the appropriate insurance entity for payment. The
investigating county agency shall submit all valid claims, in
the amount net of any insurance payments, to the commissioner of
human services.
(c) The commissioner of human services shall submit all
claims for impairment compensation to the commissioner of labor
and industry. The commissioner of labor and industry shall
review all submitted claims and recommend to the commissioner of
human services an amount of compensation comparable to what
would be provided under the impairment compensation schedule of
section 176.101, subdivision 3b.
(d) The commissioner of human services shall approve a
claim of $1,000 of less for payment if appropriated funds are
available, if the county agency responsible for supervising the
work has made the determinations required by this section, and
if the work program was operated in compliance with the safety
provisions of this section. The commissioner shall pay the
portion of an approved claim of $1,000 or less that is not
covered by the claimant's insurance within three months of the
date of submission. On or before February 1 of each year, the
commissioner shall submit to the appropriate committees of the
senate and the house of representatives a list of claims of
$1,000 or less paid during the preceding calendar year and shall
be reimbursed by legislative appropriation for any claims that
exceed the original appropriation provided to the commissioner
to operate this program. Unspent money from this appropriation
carries over to the second year of the biennium, and any unspent
money remaining at the end of the second year must be returned
to the general fund. On or before February 1 of each year, the
commissioner shall submit to the appropriate committees of the
senate and the house of representatives a list of claims in
excess of $1,000 and a list of claims of $1,000 or less that
were submitted to but not paid by the commissioner of human
services, together with any recommendations of appropriate
compensation. These claims shall be heard and determined by the
appropriate committees of the senate and house of
representatives and, if approved, paid under the legislative
claims procedure.
(e) Compensation paid under this section is limited to
reimbursement for reasonable medical expenses and impairment
compensation for disability in like amounts as allowed in
section 176.101, subdivision 3b. Compensation for injuries
resulting in death shall include reasonable medical expenses and
burial expenses in addition to payment to the participant's
estate in an amount not to exceed the limits set forth in
section 466.04. Compensation may not be paid under this section
for pain and suffering, lost wages, or other benefits provided
in chapter 176. Payments made under this section must be
reduced by any proceeds received by the claimant from any
insurance policy covering the loss. For the purposes of this
section, "insurance policy" does not include the medical
assistance program authorized under chapter 256B or the general
assistance medical care program authorized under chapter 256D.
(f) The procedure established by this section is exclusive
of all other legal, equitable, and statutory remedies against
the state, its political subdivisions, or employees of the state
or its political subdivisions. The claimant may not seek
damages from any state or county insurance policy or
self-insurance program.
(g) A claim is not valid for purposes of this subdivision
if the local agency responsible for supervising the work cannot
verify to the commissioner of human services:
(1) that appropriate safety training and information is
provided to all persons being supervised by the agency under
this subdivision; and
(2) that all programs involving work by those persons
comply with federal Occupational Safety and Health
Administration and state department of labor and industry safety
standards.
A claim that is not valid because of failure to verify
safety training or compliance with safety standards may not be
paid by the commissioner of human services or through the
legislative claims process and must be heard, decided, and paid,
if appropriate, by the local government unit responsible for
supervising the work of the claimant.
Subd. 5. [TRANSPORTATION EXPENSES.] A county shall
reimburse a person for reasonable transportation costs incurred
because of participation in a program under this section, up to
a maximum of $25 per month.
Subd. 6. [PAYMENT TO COUNTY.] The commissioner shall pay a
county $200 for each person who participates in the program
under this section in that county. The county is responsible
for any additional costs of the program.
Sec. 16. [256.9981] [WORK REPORTING SYSTEM.]
Subdivision 1. [DEFINITIONS.] (a) The definitions in this
subdivision apply to this section.
(b) "Date of hiring" means the earlier of: (1) the first
day for which an employee is owed compensation by an employer;
or (2) the first day that an employee reports to work or
performs labor or services for an employer.
(c) "Earnings" means payment owed by an employer for labor
or services rendered by an employee.
(d) "Employee" means a person who resides or works in
Minnesota and performs services for compensation, in whatever
form, for an employer. Employee does not include persons hired
for domestic service in the private home of the employer, as
defined in the federal tax code.
(e) "Employer" means a person or entity located or doing
business in this state that employs one or more employees for
payment, and includes the state, political or other governmental
subdivisions of the state, and the federal government.
(f) "Hiring" means engaging a person to perform services
for compensation and includes the reemploying or return to work
of any previous employee who was laid off, furloughed,
separated, granted a leave without pay, or terminated from
employment.
Subd. 2. [WORK REPORTING SYSTEM ESTABLISHED.] The
commissioner of human services shall establish a centralized
work reporting system for the purpose of receiving and
maintaining information from employers on newly hired or rehired
employees. The commissioner of human services shall take
reasonable steps to inform the state's employers of the
requirements of this section and the acceptable processes by
which employers can comply with the requirements of this section.
Subd. 3. [DUTY TO REPORT.] Employers doing business in
this state shall report to the commissioner of human services
the hiring of any employee who resides or works in this state to
whom the employer anticipates paying earnings. Employers shall
submit reports required under this subdivision within 15
calendar days of the date of hiring of the employee.
Employers are not required to report the hiring of any
person who will be employed for less than two months' duration;
and will have gross earnings less than $250 per month.
Subd. 4. [MEANS TO REPORT.] Employers may report by
delivering, mailing, or telefaxing a copy of the employee's
federal W-4 form or W-9 form or any other document that contains
the required information, submitting electronic media in a
compatible format, toll-free telecommunication, or other means
authorized by the commissioner of human services that will
result in timely reporting.
Subd. 5. [REPORT CONTENTS.] Reports required under this
section must contain:
(1) the employee's name, address, social security number,
and date of birth when available, which can be handwritten or
otherwise added to the W-4 form, W-9 form, or other document
submitted; and
(2) the employer's name, address, and federal
identification number.
Subd. 6. [SANCTIONS.] If an employer fails to report under
this section, the commissioner of human services, by certified
mail, shall send the employer a written notice of noncompliance
requesting that the employer comply with the reporting
requirements of this section. The notice of noncompliance must
explain the reporting procedure under this section and advise
the employer of the penalty for noncompliance. An employer who
has received a notice of noncompliance and later incurs a second
violation is subject to a civil penalty of $50 for each
intentionally unreported employee. An employer who has received
a notice of noncompliance and later incurs a third or subsequent
violation is subject to a civil penalty of $500 for each
intentionally unreported employee. These penalties may be
imposed and collected by the commissioner of human services.
Subd. 7. [ACCESS TO DATA.] The commissioner of human
services shall retain the information reported to the work
reporting system for a period of six months. Data in the work
reporting system may be disclosed to the public authority
responsible for child support enforcement, federal agencies, and
state and local agencies of other states for the purposes of
enforcing state and federal laws governing child support.
Subd. 8. [AUTHORITY TO CONTRACT.] The commissioner may
contract for services to carry out this section.
Subd. 9. [INDEPENDENT CONTRACTORS.] The state and all
political subdivisions of the state, when acting in the capacity
of an employer, shall report the hiring of any person as an
independent contractor to the centralized work reporting system
in the same manner as the hiring of an employee is reported.
The attorney general and the commissioner of human services
shall work with representatives of the employment community and
industries that utilize independent contractors in the regular
course of business to develop a plan to include the reporting of
independent contractors by all employers to the centralized work
reporting system by July 1, 1996. The attorney general and the
commissioner of human services shall present the resulting plan
in the form of proposed legislation to the legislature by
February 1, 1996.
Sec. 17. Minnesota Statutes 1994, section 256H.02, is
amended to read:
256H.02 [DUTIES OF COMMISSIONER.]
The commissioner shall develop standards for county and
human services boards to provide child care services to enable
eligible families to participate in employment, training, or
education programs. Within the limits of available
appropriations, the commissioner shall distribute money to
counties to reduce the costs of child care for eligible
families. The commissioner shall adopt rules to govern the
program in accordance with this section. The rules must
establish a sliding schedule of fees for parents receiving child
care services. The rules shall provide that funds received as a
lump sum payment of child support arrearages shall not be
counted as income to a family in the month received but shall be
prorated over the 12 months following receipt and added to the
family income during those months. In the rules adopted under
this section, county and human services boards shall be
authorized to establish policies for payment of child care
spaces for absent children, when the payment is required by the
child's regular provider. The rules shall not set a maximum
number of days for which absence payments can be made, but
instead shall direct the county agency to set limits and pay for
absences according to the prevailing market practice in the
county. County policies for payment of absences shall be
subject to the approval of the commissioner. The commissioner
shall maximize the use of federal money under the AFDC
employment special needs program in section 256.736, subdivision
8, and other programs that provide federal reimbursement for
child care services for recipients of aid to families with
dependent children who are in education, training, job search,
or other activities allowed under those programs. Money
appropriated under this section must be coordinated with the
AFDC employment special needs program and other programs that
provide federal reimbursement for child care services to
accomplish this purpose. Federal reimbursement obtained must be
allocated to the county that spent money for child care that is
federally reimbursable under programs that provide federal
reimbursement for child care services. The counties shall use
the federal money to expand child care services. The
commissioner may adopt rules under chapter 14 to implement and
coordinate federal program requirements.
Sec. 18. Minnesota Statutes 1994, section 257.66,
subdivision 4, is amended to read:
Subd. 4. [STATUTE OF LIMITATIONS.] Support judgments or
orders ordinarily shall be for periodic payments which may vary
in amount. In the best interest of the child, a lump sum payment
may be ordered in lieu of periodic payments of support. The
court shall limit the parent's liability for past support of the
child to the proportion of the expenses that the court deems
just, which were incurred in the two years immediately preceding
the commencement of the action. In determining the amount of
the parent's liability for past support, the court may deviate
downward from the guidelines if:
(1) the child for whom child support is sought is more than
five years old and the obligor discovered or was informed of the
existence of the parent and child relationship within one year
of commencement of the action seeking child support;
(2) the obligor is a custodian for or pays support for
other children; and
(3) the obligor's family income is less than 175 percent of
the federal poverty level.
Sec. 19. Minnesota Statutes 1994, section 518.171,
subdivision 2a, is amended to read:
Subd. 2a. [EMPLOYER AND OBLIGOR NOTICE RESPONSIBILITY.] If
an individual is hired for employment, the employer shall
request that the individual disclose whether the individual has
court-ordered medical support obligations that are required by
law to be withheld from income and the terms of the court order,
if any. The employer shall request that the individual disclose
whether the individual has been ordered by a court to provide
health and dental dependent insurance coverage. The An
individual shall disclose this information at the time of hiring
. If an individual discloses that if medical support is
required to be withheld, the. If an employee discloses that
medical support is required to be withheld, the employer shall
begin withholding according to the terms of the order and
pursuant to section 518.611, subdivision 8. If an individual
discloses an obligation to obtain health and dental dependent
insurance coverage and coverage is available through the
employer, the employer shall make all application processes
known to the individual upon hiring and enroll the employee and
dependent in the plan pursuant to subdivision 3.
Sec. 20. Minnesota Statutes 1994, section 518.175, is
amended by adding a subdivision to read:
Subd. 8. [CARE OF CHILD BY NONCUSTODIAL PARENT.] The court
may allow additional visitation to the noncustodial parent to
provide child care while the custodial parent is working if this
arrangement is reasonable and in the best interests of the
child, as defined in section 518.17, subdivision 1. In
addition, the court shall consider:
(1) the ability of the parents to cooperate;
(2) methods for resolving disputes regarding the care of
the child, and the parents' willingness to use those methods;
and
(3) whether domestic abuse, as defined in section 518B.01,
has occurred between the parties.
Sec. 21. Minnesota Statutes 1994, section 518.18, is
amended to read:
518.18 [MODIFICATION OF ORDER.]
(a) Unless agreed to in writing by the parties, no motion
to modify a custody order may be made earlier than one year
after the date of the entry of a decree of dissolution or legal
separation containing a provision dealing with custody, except
in accordance with paragraph (c).
(b) If a motion for modification has been heard, whether or
not it was granted, unless agreed to in writing by the parties
no subsequent motion may be filed within two years after
disposition of the prior motion on its merits, except in
accordance with paragraph (c).
(c) The time limitations prescribed in paragraphs (a) and
(b) shall not prohibit a motion to modify a custody order if the
court finds that there is persistent and willful denial or
interference with visitation, or has reason to believe that the
child's present environment may endanger the child's physical or
emotional health or impair the child's emotional development.
(d) If the court has jurisdiction to determine child
custody matters, the court shall not modify a prior custody
order unless it finds, upon the basis of facts, including
unwarranted denial of, or interference with, a duly established
visitation schedule, that have arisen since the prior order or
that were unknown to the court at the time of the prior order,
that a change has occurred in the circumstances of the child or
the parties and that the modification is necessary to serve the
best interests of the child. In applying these standards the
court shall retain the custody arrangement established by the
prior order unless:
(i) both parties agree to the modification;
(ii) the child has been integrated into the family of the
petitioner with the consent of the other party; or
(iii) the child's present environment endangers the child's
physical or emotional health or impairs the child's emotional
development and the harm likely to be caused by a change of
environment is outweighed by the advantage of a change to the
child.
In addition, a court may modify a custody order under
section 631.52.
(e) In deciding whether to modify a prior joint custody
order, the court shall apply the standards set forth in
paragraph (d) unless: (1) the parties agree in writing to the
application of a different standard, or (2) the party seeking
the modification is asking the court for permission to move the
residence of the child to another state.
(f) If a custodial parent has been granted sole physical
custody of a minor and the child subsequently lives with the
noncustodial parent, and temporary sole physical custody has
been approved by the court or by a court-appointed referee, the
court may suspend the noncustodial parent's child support
obligation pending the final custody determination. The court's
order denying the suspension of child support must include a
written explanation of the reasons why continuation of the child
support obligation would be in the best interests of the child.
Sec. 22. Minnesota Statutes 1994, section 518.24, is
amended to read:
518.24 [SECURITY; SEQUESTRATION; CONTEMPT.]
In all cases when maintenance or support payments are
ordered, the court may require sufficient security to be given
for the payment of them according to the terms of the order.
Upon neglect or refusal to give security, or upon failure to pay
the maintenance or support, the court may sequester the
obligor's personal estate and the rents and profits of real
estate of the obligor, and appoint a receiver of them. The
court may cause the personal estate and the rents and profits of
the real estate to be applied according to the terms of the
order. The obligor is presumed to have an income from a source
sufficient to pay the maintenance or support order. A child
support or maintenance order constitutes prima facie evidence
that the obligor has the ability to pay the award. If the
obligor disobeys the order, it is prima facie evidence of
contempt. The court may cite the obligor for contempt under
this section, section 518.617, or chapter 588.
Sec. 23. Minnesota Statutes 1994, section 518.551,
subdivision 5, is amended to read:
Subd. 5. [NOTICE TO PUBLIC AUTHORITY; GUIDELINES.] (a) The
petitioner shall notify the public authority of all proceedings
for dissolution, legal separation, determination of parentage or
for the custody of a child, if either party is receiving aid to
families with dependent children or applies for it subsequent to
the commencement of the proceeding. The notice must contain the
full names of the parties to the proceeding, their social
security account numbers, and their birth dates. After receipt
of the notice, the court shall set child support as provided in
this subdivision. The court may order either or both parents
owing a duty of support to a child of the marriage to pay an
amount reasonable or necessary for the child's support, without
regard to marital misconduct. The court shall approve a child
support stipulation of the parties if each party is represented
by independent counsel, unless the stipulation does not meet the
conditions of paragraph (i). In other cases the court shall
determine and order child support in a specific dollar amount in
accordance with the guidelines and the other factors set forth
in paragraph (b) and any departure therefrom. The court may
also order the obligor to pay child support in the form of a
percentage share of the obligor's net bonuses, commissions, or
other forms of compensation, in addition to, or if the obligor
receives no base pay, in lieu of, an order for a specific dollar
amount.
(b) The court shall derive a specific dollar amount for
child support by multiplying the obligor's net income by the
percentage indicated by the following guidelines:
Net Income Per Number of Children
Month of Obligor
1 2 3 4 5 6 7 or
more
$550 and Below Order based on the ability of the
obligor to provide support
at these income levels, or at higher
levels, if the obligor has
the earning ability.
$551 - 600 16% 19% 22% 25% 28% 30% 32%
$601 - 650 17% 21% 24% 27% 29% 32% 34%
$651 - 700 18% 22% 25% 28% 31% 34% 36%
$701 - 750 19% 23% 27% 30% 33% 36% 38%
$751 - 800 20% 24% 28% 31% 35% 38% 40%
$801 - 850 21% 25% 29% 33% 36% 40% 42%
$851 - 900 22% 27% 31% 34% 38% 41% 44%
$901 - 950 23% 28% 32% 36% 40% 43% 46%
$951 - 1000 24% 29% 34% 38% 41% 45% 48%
$1001- 5000 25% 30% 35% 39% 43% 47% 50%
or the amount
in effect under
paragraph (k)
Guidelines for support for an obligor with a monthly income
in excess of the income limit currently in effect under
paragraph (k) shall be the same dollar amounts as provided for
in the guidelines for an obligor with a monthly income equal to
the limit in effect.
Net Income defined as:
Total monthly
income less *(i) Federal Income Tax
*(ii) State Income Tax
(iii) Social Security
Deductions
(iv) Reasonable
Pension Deductions
*Standard
Deductions apply- (v) Union Dues
use of tax tables (vi) Cost of Dependent Health
recommended Insurance Coverage
(vii) Cost of Individual or Group
Health/Hospitalization
Coverage or an
Amount for Actual
Medical Expenses
(viii) A Child Support or
Maintenance Order that is
Currently Being Paid.
"Net income" does not include:
(1) the income of the obligor's spouse, but does include
in-kind payments received by the obligor in the course of
employment, self-employment, or operation of a business if the
payments reduce the obligor's living expenses; or
(2) compensation received by a party for employment in
excess of a 40-hour work week, provided that:
(i) support is nonetheless ordered in an amount at least
equal to the guidelines amount based on income not excluded
under this clause; and
(ii) the party demonstrates, and the court finds, that:
(A) the excess employment began after the filing of the
petition for dissolution;
(B) the excess employment reflects an increase in the work
schedule or hours worked over that of the two years immediately
preceding the filing of the petition;
(C) the excess employment is voluntary and not a condition
of employment;
(D) the excess employment is in the nature of additional,
part-time or overtime employment compensable by the hour or
fraction of an hour; and
(E) the party's compensation structure has not been changed
for the purpose of affecting a support or maintenance obligation.
The court shall review the work-related and
education-related child care costs paid and shall allocate the
costs to each parent in proportion to each parent's net income,
as determined under this subdivision, after the transfer of
child support and spousal maintenance, unless the allocation
would be substantially unfair to either parent. There is a
presumption of substantial unfairness if after the sum total of
child support, spousal maintenance, and child care costs is
subtracted from the noncustodial parent's income, the income is
at or below 100 percent of the federal poverty guidelines. The
cost of child care for purposes of this paragraph is 75 percent
of the actual cost paid for child care, to reflect the
approximate value of state and federal tax credits available to
the custodial parent. The actual cost paid for child care is
the total amount received by the child care provider for the
child or children of the obligor from the obligee or any public
agency. The court shall require verification of employment or
school attendance and documentation of child care expenses from
the obligee and the public agency, if applicable. If child care
expenses fluctuate during the year because of seasonal
employment or school attendance of the obligee or extended
periods of visitation with the obligor, the court shall
determine child care expenses based on an average monthly cost.
The amount allocated for child care expenses is considered child
support but is not subject to a cost-of-living adjustment under
section 518.641. The amount allocated for child care expenses
terminates when the child care costs end either party notifies
the public authority that the child care costs have ended and
without any legal action on the part of either party. The
public authority shall verify the information received under
this provision before authorizing termination. The termination
is effective as of the date of the notification. In other cases
where there is a substantial increase or decrease in child care
expenses, the parties may modify the order under section 518.64.
The court may allow the noncustodial parent to care for the
child while the custodial parent is working, as provided in
section 518.175, subdivision 8. Allowing the noncustodial
parent to care for the child under section 518.175, subdivision
8, is not a reason to deviate from the guidelines.
(c) In addition to the child support guidelines, the court
shall take into consideration the following factors in setting
or modifying child support or in determining whether to deviate
from the guidelines:
(1) all earnings, income, and resources of the parents,
including real and personal property, but excluding income from
excess employment of the obligor or obligee that meets the
criteria of paragraph (b), clause (2)(ii);
(2) the financial needs and resources, physical and
emotional condition, and educational needs of the child or
children to be supported;
(3) the standards of living the child would have enjoyed
had the marriage not been dissolved, but recognizing that the
parents now have separate households;
(4) which parent receives the income taxation dependency
exemption and what financial benefit the parent receives from
it;
(5) the parents' debts as provided in paragraph (d); and
(6) the obligor's receipt of assistance under sections
256.72 to 256.87 or 256B.01 to 256B.40.
(d) In establishing or modifying a support obligation, the
court may consider debts owed to private creditors, but only if:
(1) the right to support has not been assigned under
section 256.74;
(2) the court determines that the debt was reasonably
incurred for necessary support of the child or parent or for the
necessary generation of income. If the debt was incurred for
the necessary generation of income, the court shall consider
only the amount of debt that is essential to the continuing
generation of income; and
(3) the party requesting a departure produces a sworn
schedule of the debts, with supporting documentation, showing
goods or services purchased, the recipient of them, the amount
of the original debt, the outstanding balance, the monthly
payment, and the number of months until the debt will be fully
paid.
(e) Any schedule prepared under paragraph (d), clause (3),
shall contain a statement that the debt will be fully paid after
the number of months shown in the schedule, barring emergencies
beyond the party's control.
(f) Any further departure below the guidelines that is
based on a consideration of debts owed to private creditors
shall not exceed 18 months in duration, after which the support
shall increase automatically to the level ordered by the court.
Nothing in this section shall be construed to prohibit one or
more step increases in support to reflect debt retirement during
the 18-month period.
(g) If payment of debt is ordered pursuant to this section,
the payment shall be ordered to be in the nature of child
support.
(h) Nothing shall preclude the court from receiving
evidence on the above factors to determine if the guidelines
should be exceeded or modified in a particular case.
(i) The guidelines in this subdivision are a rebuttable
presumption and shall be used in all cases when establishing or
modifying child support. If the court does not deviate from the
guidelines, the court shall make written findings concerning the
amount of the obligor's income used as the basis for the
guidelines calculation and any other significant evidentiary
factors affecting the determination of child support. If the
court deviates from the guidelines, the court shall make written
findings giving the amount of support calculated under the
guidelines, the reasons for the deviation, and shall
specifically address the criteria in paragraph (b) and how the
deviation serves the best interest of the child. The court may
deviate from the guidelines if both parties agree and the court
makes written findings that it is in the best interests of the
child, except that in cases where child support payments are
assigned to the public agency under section 256.74, the court
may deviate downward only as provided in paragraph (j). Nothing
in this paragraph prohibits the court from deviating in other
cases. The provisions of this paragraph apply whether or not
the parties are each represented by independent counsel and have
entered into a written agreement. The court shall review
stipulations presented to it for conformity to the guidelines
and the court is not required to conduct a hearing, but the
parties shall provide the documentation of earnings required
under subdivision 5b.
(j) If the child support payments are assigned to the
public agency under section 256.74, the court may not deviate
downward from the child support guidelines unless the court
specifically finds that the failure to deviate downward would
impose an extreme hardship on the obligor.
(k) The dollar amount of the income limit for application
of the guidelines must be adjusted on July 1 of every
even-numbered year to reflect cost-of-living changes. The
supreme court shall select the index for the adjustment from the
indices listed in section 518.641. The state court
administrator shall make the changes in the dollar amount
required by this paragraph available to courts and the public on
or before April 30 of the year in which the amount is to change.
Sec. 24. Minnesota Statutes 1994, section 518.551,
subdivision 12, is amended to read:
Subd. 12. [OCCUPATIONAL LICENSE SUSPENSION.] (a) Upon
petition motion of an obligee, if the court finds that the
obligor is or may be licensed by a licensing board listed in
section 214.01 or other state agency or board that issues an
occupational license and the obligor is in arrears in
court-ordered child support or maintenance payments or both in
an amount equal to or greater than three times the obligor's
total monthly support and maintenance payments and is not in
compliance with a written payment agreement regarding both
current support and arrearages approved by the court, an
administrative law judge, or the public authority, the
administrative law judge, or the court may shall direct the
licensing board or other licensing agency to conduct a hearing
suspend the license under section 214.101 concerning suspension
of the obligor's license. The court's order must be stayed for
90 days in order to allow the obligor to execute a written
payment agreement regarding both current support and
arrearages. The payment agreement must be approved by either
the court or the public authority responsible for child support
enforcement. If the obligor has not executed or is not in
compliance with a written payment agreement regarding both
current support and arrearages after the 90 days expires, the
court's order becomes effective. If the obligor is a licensed
attorney, the court may shall 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.
(b) If a public agency authority responsible for child
support enforcement finds that the obligor is or may be licensed
by a licensing board listed in section 214.01 or other state
agency or board that issues an occupational license and the
obligor is in arrears in court-ordered child support or
maintenance payments or both in an amount equal to or greater
than three times the obligor's total monthly support and
maintenance payments and is not in compliance with a written
payment agreement regarding both current support and arrearages
approved by the court, an administrative law judge, or the
public authority, the court, an administrative law judge, or the
public agency may authority shall direct the licensing board or
other licensing agency to conduct a hearing suspend the license
under section 214.101 concerning suspension of the obligor's
license. If the obligor is a licensed attorney, the
public agency authority 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 public agency authority.
(c) At least 90 days before notifying a licensing authority
or the lawyers professional responsibility board under paragraph
(b), the public authority shall mail a written notice to the
license holder addressed to the license holder's last known
address that the public authority intends to seek license
suspension under this subdivision and that the license holder
must request a hearing within 30 days in order to contest the
suspension. If the license holder makes a written request for a
hearing within 30 days of the date of the notice, either a court
hearing or a contested administrative proceeding must be held
under section 518.5511, subdivision 4. Notwithstanding any law
to the contrary, the license holder must be served with 14 days'
notice in writing specifying the time and place of the hearing
and the allegations against the license holder. The notice may
be served personally or by mail. If the public authority does
not receive a request for a hearing within 30 days of the date
of the notice, and the obligor does not execute a written
payment agreement regarding both current support and arrearages
approved by the court, an administrative law judge or the public
authority with 90 days of the date of the notice, the public
authority shall direct the licensing board or other licensing
agency to suspend the obligor's license under paragraph (b), or
shall report the matter to the lawyers professional
responsibility board.
(d) The administrative law judge, on behalf of the public
authority, or the court shall notify the lawyers professional
responsibility board for appropriate action in accordance with
the rules of professional responsibility conduct or order the
licensing board or licensing agency to suspend the license if
the judge finds that:
(1) the person is licensed by a licensing board or other
state agency that issues an occupational license;
(2) the person has not made full payment of arrearages
found to be due by the public authority; and
(3) the person has not executed or is not in compliance
with a payment plan approved by the court, an administrative law
judge, or the public authority.
(e) Within 15 days of the date on which the obligor either
makes full payment of arrearages found to be due by the court or
public authority or executes and initiates good faith compliance
with a written payment plan approved by the court, an
administrative law judge, or the public authority, the court, an
administrative law judge, or the public authority responsible
for child support enforcement shall notify the licensing board
or licensing agency or the lawyers professional responsibility
board that the obligor is no longer ineligible for license
issuance, reinstatement, or renewal under this subdivision.
Sec. 25. Minnesota Statutes 1994, section 518.551, is
amended by adding a subdivision to read:
Subd. 13. [DRIVER'S LICENSE SUSPENSION.] (a) Upon motion
of an obligee, which has been properly served on the obligor and
upon which there has been an opportunity for hearing, if a court
finds that the obligor has been or may be issued a driver's
license by the commissioner of public safety and the obligor is
in arrears in court-ordered child support or maintenance
payments, or both, in an amount equal to or greater than three
times the obligor's total monthly support and maintenance
payments and is not in compliance with a written payment
agreement regarding both current support and arrearages approved
by the court, an administrative law judge, or the public
authority, the court shall order the commissioner of public
safety to suspend the obligor's driver's license. The court's
order must be stayed for 90 days in order to allow the obligor
to execute a written payment agreement regarding both current
support and arrearages, which payment agreement must be approved
by either the court or the public authority responsible for
child support enforcement. If the obligor has not executed or
is not in compliance with a written payment agreement regarding
both current support and arrearages after the 90 days expires,
the court's order becomes effective and the commissioner of
public safety shall suspend the obligor's driver's license. The
remedy under this subdivision is in addition to any other
enforcement remedy available to the court. An obligee may not
bring a motion under this paragraph within 12 months of a denial
of a previous motion under this paragraph.
(b) If a public authority responsible for child support
enforcement determines that the obligor has been or may be
issued a driver's license by the commissioner of public safety
and the obligor is in arrears in court-ordered child support or
maintenance payments or both in an amount equal to or greater
than three times the obligor's total monthly support and
maintenance payments and not in compliance with a written
payment agreement regarding both current support and arrearages
approved by the court, an administrative law judge, or the
public authority, the public authority shall direct the
commissioner of public safety to suspend the obligor's driver's
license. The remedy under this subdivision is in addition to
any other enforcement remedy available to the public authority.
(c) At least 90 days prior to notifying the commissioner of
public safety pursuant to paragraph (b), the public authority
must mail a written notice to the obligor at the obligor's last
known address, that it intends to seek suspension of the
obligor's driver's license and that the obligor must request a
hearing within 30 days in order to contest the suspension. If
the obligor makes a written request for a hearing within 30 days
of the date of the notice, either a court hearing or a contested
administrative proceeding must be held under section 518.5511,
subdivision 4. Notwithstanding any law to the contrary, the
obligor must be served with 14 days' notice in writing
specifying the time and place of the hearing and the allegations
against the obligor. The notice may be served personally or by
mail. If the public authority does not receive a request for a
hearing within 30 days of the date of the notice, and the
obligor does not execute a written payment agreement regarding
both current support and arrearages approved by the court, an
administrative law judge, or the public authority within 90 days
of the date of the notice, the public authority shall direct the
commissioner of public safety to suspend the obligor's driver's
license under paragraph (b).
(d) At a hearing requested by the obligor under paragraph
(c), and on finding that the obligor is in arrears in
court-ordered child support or maintenance payments or both in
an amount equal to or greater than three times the obligor's
total monthly support and maintenance payments, the district
court or the administrative law judge shall order the
commissioner of public safety to suspend the obligor's driver's
license or operating privileges unless the court or
administrative law judge determines that the obligor has
executed and is in compliance with a written payment agreement
regarding both current support and arrearages approved by the
court, an administrative law judge, or the public authority.
(e) An obligor whose driver's license or operating
privileges are suspended may provide proof to the court or the
public authority responsible for child support enforcement that
the obligor is in compliance with all written payment agreements
regarding both current support and arrearages. Within 15 days
of the receipt of that proof, the court or public authority
shall inform the commissioner of public safety that the
obligor's driver's license or operating privileges should no
longer be suspended.
(f) On January 15, 1997, and every two years after that,
the commissioner of human services shall submit a report to the
legislature that identifies the following information relevant
to the implementation of this section:
(1) the number of child support obligors notified of an
intent to suspend a driver's license;
(2) the amount collected in payments from the child support
obligors notified of an intent to suspend a driver's license;
(3) the number of cases paid in full and payment agreements
executed in response to notification of an intent to suspend a
driver's license;
(4) the number of cases in which there has been
notification and no payments or payment agreements;
(5) the number of driver's licenses suspended; and
(6) the cost of implementation and operation of the
requirements of this section.
Sec. 26. Minnesota Statutes 1994, section 518.551, is
amended by adding a subdivision to read:
Subd. 14. [MOTOR VEHICLE LIEN.] (a) Upon motion of an
obligee, if a court finds that the obligor is the registered
owner of a motor vehicle and the obligor is a debtor for a
judgment debt resulting from nonpayment of court-ordered child
support or maintenance payments, or both, in an amount equal to
or greater than three times the obligor's total monthly support
and maintenance payments, the court shall order the commissioner
of public safety to enter a lien in the name of the obligee or
in the name of the state of Minnesota, as appropriate, in
accordance with section 168A.05, subdivision 8, unless the court
finds that the obligor is in compliance with a written payment
agreement regarding both current support and arrearages approved
by the court, an administrative law judge, or the public
authority or that the obligor's interest in the motor vehicle is
valued at less than $4,500. The court's order must be stayed
for 90 days in order to allow the obligor to either execute a
written payment agreement regarding both current support and
arrearages, which agreement shall be approved by either the
court or the public authority responsible for child support
enforcement, or to allow the obligor to demonstrate that the
ownership interest in the motor vehicle is valued at less than
$4,500. If the obligor has not executed or is not in compliance
with a written payment agreement regarding both current support
and arrearages approved by the court, an administrative law
judge, or the public authority or has not demonstrated that the
ownership interest in the motor vehicle is valued at less than
$4,500 within the 90-day period, the court's order becomes
effective and the commissioner of public safety shall record the
lien. The remedy under this subdivision is in addition to any
other enforcement remedy available to the court.
(b) If a public authority responsible for child support
enforcement determines that the obligor is the registered owner
of a motor vehicle and the obligor is a debtor for judgment debt
resulting from nonpayment of court-ordered child support or
maintenance payments, or both, in an amount equal to or greater
than three times the obligor's total monthly support and
maintenance payments, the public authority shall direct the
commissioner of public safety to enter a lien in the name of the
obligee or in the name of the state of Minnesota, as
appropriate, under section 168A.05, subdivision 8, unless the
public authority determines that the obligor is in compliance
with a written payment agreement regarding both current support
and arrearages approved by the court, an administrative law
judge, or the public authority or that the obligor's ownership
interest in the motor vehicle is valued at less than $4,500.
The remedy under this subdivision is in addition to any other
enforcement remedy available to the public agency.
(c) At least 90 days prior to notifying the commissioner of
public safety pursuant to paragraph (b), the public authority
must mail a written notice to the obligor at the obligor's last
known address, that it intends to record a lien on the obligor's
motor vehicle certificate of title and that the obligor must
request a hearing within 30 days in order to contest the
action. If the obligor makes a written request for a hearing
within 30 days of the date of the notice, either a court hearing
or a contested administrative proceeding must be held under
section 518.5511, subdivision 4. Notwithstanding any law to the
contrary, the obligor must be served with 14 day's notice in
writing specifying the time and place of the hearing and the
allegations against the obligor. The notice may be served
personally or by mail. If the public authority does not receive
a request for a hearing within 30 days of the date of the notice
and the obligor does not execute a written payment agreement
regarding both current support and arrearages approved by the
court, an administrative law judge, or the public authority or
demonstrate to the public authority that the obligor's ownership
interest in the motor vehicle is valued at less than $4,500
within 90 days of the date of the notice, the public authority
shall direct the commissioner of public safety to record the
lien under paragraph (b).
(d) At a hearing requested by the obligor under paragraph
(c), and on finding that the obligor is in arrears in
court-ordered child support or maintenance payments or both in
an amount equal to or greater than three times the obligor's
total monthly support and maintenance payments, the district
court or the administrative law judge shall order the
commissioner of public safety to record the lien unless the
court or administrative law judge determines that:
(1) the obligor has executed and is in compliance with a
written payment agreement regarding both current support and
arrearages determined to be acceptable by the court, an
administrative law judge, or the public authority; or
(2) the obligor has demonstrated that the ownership
interest in the motor vehicle is valued at less than $4,500.
(e) An obligor who has had a lien recorded against a motor
vehicle certificate of title may provide proof to the court or
the public authority responsible for child support enforcement
that the obligor is in compliance with all written payment
agreements regarding both current support and arrearages.
Within 15 days of the receipt of that proof, the court or public
authority shall execute a release of security interest under
section 168A.20, subdivision 4, and mail or deliver the release
to the owner or other authorized person. The dollar amounts in
this section shall change periodically in the manner provided in
section 550.37, subdivision 4a.
Sec. 27. [518.553] [PAYMENT AGREEMENTS.]
In proposing or approving proposed written payment
agreements for purposes of section 518.551, the court, an
administrative law judge, or the public authority shall take
into consideration the amount of the arrearages, the amount of
the current support order, any pending request for modification,
and the earnings of the obligor.
Sec. 28. Minnesota Statutes 1994, section 518.613, is
amended by adding a subdivision to read:
Subd. 8. [INTEREST ON AMOUNT WRONGFULLY WITHHELD.] If an
excessive amount of child support is wrongfully withheld from
the obligor's income because of an error by the public
authority, the public authority shall pay interest based on the
rate under section 549.09 on the amount wrongfully withheld from
the time of the withholding until it is repaid to the obligor.
Sec. 29. [518.616] [ADMINISTRATIVE SEEK EMPLOYMENT
ORDERS.]
Subdivision 1. [COURT ORDER.] For any support order being
enforced by the public authority, the public authority may seek
a court order requiring the obligor to seek employment if:
(1) employment of the obligor cannot be verified;
(2) the obligor is in arrears in court-ordered child
support or maintenance payments or both in an amount equal to or
greater than three times the obligor's total monthly support and
maintenance payments; and
(3) the obligor is not in compliance with a written payment
plan.
Upon proper notice being given to the obligor, the court
may enter a seek employment order if it finds that the obligor
has not provided proof of gainful employment and has not
consented to an order for income withholding under section
518.611 or 518.613 or entered into a written payment plan
approved by the court, an administrative law judge, or the
public authority.
Subd. 2. [CONTENTS OF ORDER.] The order to seek employment
shall:
(1) order that the obligor seek employment within a
determinate amount of time;
(2) order that the obligor file with the public authority
on a weekly basis a report of at least five new attempts to find
employment or of having found employment, which report must
include the names, addresses, and telephone numbers of any
employers or businesses with whom the obligor attempted to seek
employment and the name of the individual contact to whom the
obligor made application for employment or to whom an inquiry
was directed;
(3) notify the obligor that failure to comply with the
order is evidence of a willful failure to pay support under
section 518.617;
(4) order that the obligor provide the public authority
with verification of any reason for noncompliance with the
order; and
(5) specify the duration of the order, not to exceed three
months.
Sec. 30. [518.617] [CONTEMPT PROCEEDINGS FOR NONPAYMENT OF
SUPPORT.]
Subdivision 1. [GROUNDS.] If a person against whom an
order or decree for support has been entered under this chapter,
chapter 256, or a comparable law from another jurisdiction, is
in arrears in court-ordered child support or maintenance
payments in an amount equal to or greater than three times the
obligor's total monthly support and maintenance payments and is
not in compliance with a written payment plan approved by the
court, an administrative law judge, or the public authority, the
person may be cited and punished by the court for contempt under
section 518.64, chapter 588, or this section. Failure to comply
with a seek employment order entered under section 518.616 is
evidence of willful failure to pay support.
Subd. 2. [COURT OPTIONS.] (a) If a court cites a person
for contempt under this section, and the obligor lives in a
county that contracts with the commissioner of human services
under section 256.997, the court may order the performance of
community service work up to 32 hours per week for six weeks for
each finding of contempt if the obligor:
(1) is able to work full time;
(2) works an average of less than 32 hours per week; and
(3) has actual weekly gross income averaging less than 40
times the federal minimum hourly wage under United States Code,
title 29, section 206(a)(1), or is voluntarily earning less than
the obligor has the ability to earn, as determined by the court.
An obligor is presumed to be able to work full time. The
obligor has the burden of proving inability to work full time.
(b) A person ordered to do community service work under
paragraph (a) may, during the six-week period, apply to the
court, an administrative law judge, or the public authority to
be released from the community service work requirement if the
person:
(1) provides proof to the court, an administrative law
judge, or the public authority that the person is gainfully
employed and submits to an order for income withholding under
section 518.611 or 518.613;
(2) enters into a written payment plan regarding both
current support and arrearages approved by the court, an
administrative law judge, or the public authority; or
(3) provides proof to the court, an administrative law
judge, or the public authority that, subsequent to entry of the
order, the person's circumstances have so changed that the
person is no longer able to fulfill the terms of the community
service order.
Subd. 3. [CONTINUING OBLIGATIONS.] The performance of
community service work does not relieve a child support obligor
of any unpaid accrued or accruing support obligation.
Sec. 31. Minnesota Statutes 1994, section 518.64,
subdivision 2, is amended to read:
Subd. 2. [MODIFICATION.] (a) The terms of an order
respecting maintenance or support may be modified upon a showing
of one or more of the following: (1) substantially increased or
decreased earnings of a party; (2) substantially increased or
decreased need of a party or the child or children that are the
subject of these proceedings; (3) receipt of assistance under
sections 256.72 to 256.87 or 256B.01 to 256B.40; (4) a change in
the cost of living for either party as measured by the federal
bureau of statistics, any of which makes the terms unreasonable
and unfair; (5) extraordinary medical expenses of the child not
provided for under section 518.171; or (6) the addition of
work-related or education-related child care expenses of the
obligee or a substantial increase or decrease in existing
work-related or education-related child care expenses.
It is presumed that there has been a substantial change in
circumstances under clause (1), (2), or (4) and the terms of a
current support order shall be rebuttably presumed to be
unreasonable and unfair if the application of the child support
guidelines in section 518.551, subdivision 5, to the current
circumstances of the parties results in a calculated court order
that is at least 20 percent and at least $50 per month higher or
lower than the current support order.
(b) On a motion for modification of maintenance, including
a motion for the extension of the duration of a maintenance
award, the court shall apply, in addition to all other relevant
factors, the factors for an award of maintenance under section
518.552 that exist at the time of the motion. On a motion for
modification of support, the court:
(1) shall apply section 518.551, subdivision 5, and shall
not consider the financial circumstances of each party's spouse,
if any; and
(2) shall not consider compensation received by a party for
employment in excess of a 40-hour work week, provided that the
party demonstrates, and the court finds, that:
(i) the excess employment began after entry of the existing
support order;
(ii) the excess employment is voluntary and not a condition
of employment;
(iii) the excess employment is in the nature of additional,
part-time employment, or overtime employment compensable by the
hour or fractions of an hour;
(iv) the party's compensation structure has not been
changed for the purpose of affecting a support or maintenance
obligation;
(v) in the case of an obligor, current child support
payments are at least equal to the guidelines amount based on
income not excluded under this clause; and
(vi) in the case of an obligor who is in arrears in child
support payments to the obligee, any net income from excess
employment must be used to pay the arrearages until the
arrearages are paid in full.
(c) A modification of support or maintenance may be made
retroactive only with respect to any period during which the
petitioning party has pending a motion for modification but only
from the date of service of notice of the motion on the
responding party and on the public authority if public
assistance is being furnished or the county attorney is the
attorney of record. However, modification may be applied to an
earlier period if the court makes express findings that the
party seeking modification was precluded from serving a motion
by reason of a significant physical or mental disability, a
material misrepresentation of another party, or fraud upon the
court and that the party seeking modification, when no longer
precluded, promptly served a motion. The court may provide that
a reduction in the amount allocated for child care expenses
based on a substantial decrease in the expenses is effective as
of the date the expenses decreased.
(d) Except for an award of the right of occupancy of the
homestead, provided in section 518.63, all divisions of real and
personal property provided by section 518.58 shall be final, and
may be revoked or modified only where the court finds the
existence of conditions that justify reopening a judgment under
the laws of this state, including motions under section 518.145,
subdivision 2. The court may impose a lien or charge on the
divided property at any time while the property, or subsequently
acquired property, is owned by the parties or either of them,
for the payment of maintenance or support money, or may
sequester the property as is provided by section 518.24.
(e) The court need not hold an evidentiary hearing on a
motion for modification of maintenance or support.
(f) Section 518.14 shall govern the award of attorney fees
for motions brought under this subdivision.
Sec. 32. [PUBLIC EDUCATION CAMPAIGN.]
The commissioner of human services shall contract with the
attorney general to continue the public service campaign
established in Minnesota Statutes, section 8.35. The terms and
conditions of the contract shall be established by the attorney
general.
Sec. 33. [VISITATION STUDY.]
(a) The supreme court is requested to study whether there
is a relationship between visitation and payment of child
support in Minnesota. The study shall examine the extent to
which:
(1) custodial parents deny noncustodial parents
court-ordered visitation and other parental rights;
(2) noncustodial parents fail to exercise their
court-ordered visitation;
(3) lack of access to the courts prevents timely resolution
of visitation matters; and
(4) visitation impacts noncustodial parents' compliance
with court-ordered child support.
(b) The study shall include recommendations on the
following:
(1) methods for resolving visitation matters in an
efficient, nonadversarial setting that is accessible to parties
at the lowest possible cost;
(2) statutory changes that would encourage compliance with
court-ordered visitation; and
(3) the effectiveness and impact of a policy linking
visitation and payment of child support.
In conducting the study, the supreme court shall consult
with custodial and noncustodial parents, private attorneys,
judges, administrative law judges, county attorneys, legal
services, court services, guardians ad litem, professionals who
work with children, the department of human services, advocacy
groups, and children. The supreme court shall report the study
and recommendations to the legislature no later than January 15,
1997, and may make interim recommendations for the 1996
legislative session.
Sec. 34. [REPORT.]
The commissioner shall evaluate all child support programs
and enforcement mechanisms. The evaluation must include a
cost-benefit analysis of each program or enforcement mechanism,
and information related to which programs produce the highest
revenue, reduce arrears, avoid litigation, and result in the
best outcome for children and their parents.
The reports related to the provisions in this chapter are
due two years after the implementation date. All other reports
on existing programs and enforcement mechanisms are due January
15, 1997.
Sec. 35. [WAIVERS.]
Subdivision 1. [CHILD SUPPORT ASSURANCE.] The commissioner
of human services shall seek a waiver from the secretary of the
United States Department of Health and Human Services to enable
the department of human services to operate a demonstration
project of child support assurance. The commissioner shall seek
authority from the legislature to implement a demonstration
project of child support assurance when enhanced federal funds
become available for this purpose.
Subd. 2. [COOPERATION FOR THE CHILDREN.] The commissioner
of human services shall seek a waiver from the secretary of the
United States Department of Health and Human Services to enable
the department of human services to operate the cooperation for
the children demonstration project.
Subd. 3. [OBLIGOR COMMUNITY SERVICE.] The commissioner of
human services shall seek a waiver from the secretary of the
United States Department of Health and Human Services to enable
the department of human services to operate the child support
obligor community service work experience program.
Sec. 36. [REPEALER.]
Minnesota Statutes 1994, section 214.101, subdivisions 2
and 3, are repealed. Minnesota Statutes 1994, sections 518.561;
and 518.611, subdivision 8, are repealed effective July 1, 1996.
Sec. 37. [EFFECTIVE DATE.]
Sections 2 to 11, 25, and 26 are effective January 1,
1996. Sections 1, 16, and 19 are effective July 1, 1996.
Section 18 is effective the day following final enactment.
ARTICLE 2
CHILD SUPPORT PAYMENT CENTER
Section 1. [518.5851] [CHILD SUPPORT PAYMENT CENTER;
DEFINITIONS.]
Subdivision 1. [SCOPE.] For the purposes of the child
support center established under sections 518.5851 to 518.5853,
the following terms have the meanings given.
Subd. 2. [CENTRAL COLLECTIONS UNIT.] "Central collections
unit" means the unit created under section 518.5852.
Subd. 3. [LOCAL CHILD SUPPORT AGENCY.] "Local child
support agency" means the entity at the county level that is
responsible for providing child support enforcement services.
Subd. 4. [PAYMENT.] "Payment" means the payment of child
support, medical support, maintenance, and related payments
required by order of a tribunal, voluntary support, or statutory
fees.
Subd. 5. [TRIBUNAL.] "Tribunal" has the meaning given in
section 518C.101.
Sec. 2. [518.5852] [CENTRAL COLLECTIONS UNIT.]
The commissioner of human services shall create and
maintain a central collections unit for the purpose of
receiving, processing, and disbursing payments, and for
maintaining a record of payments, in all cases in which:
(1) the state or county is a party;
(2) the state or county provides child support enforcement
services to a party; or
(3) payment is collected through income withholding.
The commissioner of human services may contract for
services to carry out these provisions.
Sec. 3. [518.5853] [MANDATORY PAYMENT OF OBLIGATIONS TO
CENTRAL COLLECTIONS UNIT.]
Subdivision 1. [LOCATION OF PAYMENT.] All payments
described in section 518.5852 must be made to the central
collections unit.
Subd. 2. [AGENCY DESIGNATION OF LOCATION.] Each local
child support agency shall provide a location within the agency
to receive payments. A local agency receiving a payment shall
transmit the funds to the central collections unit within one
working day of receipt of the payment.
Subd. 3. [INCENTIVES.] Notwithstanding any rule to the
contrary, incentives must be paid to the county providing
services and maintaining the case to which the payment is
applied. Incentive payments awarded for the collection of child
support must be based solely upon payments processed by the
central collections unit. Incentive payments received by the
county under this subdivision shall be used for county child
support collection efforts.
Subd. 4. [ELECTRONIC TRANSFER OF FUNDS.] The central
collections unit is authorized to engage in the electronic
transfer of funds for the receipt and disbursement of funds.
Subd. 5. [REQUIRED CONTENT OF ORDER.] A tribunal issuing
an order that establishes or modifies a payment shall issue an
income withholding order in conformity with section 518.613,
subdivision 2. The automatic income withholding order must
include the name of the obligor, the obligor's social security
number, the obligor's date of birth, and the name and address of
the obligor's employer. The street mailing address and the
electronic mail address for the central collections unit must be
included in each automatic income withholding order issued by a
tribunal.
Subd. 6. [TRANSMITTAL OF ORDER TO THE LOCAL AGENCY BY THE
TRIBUNAL.] The tribunal shall transmit a copy of the order
establishing or modifying the payment, and a copy of the
automatic income withholding order, to the local child support
agency within two working days of the approval of the order by
the judge or administrative law judge or other person or entity
authorized to sign the automatic withholding order.
Subd. 7. [TRANSMITTAL OF FUNDS FROM THE OBLIGOR OR PAYOR
OF FUNDS TO THE CENTRAL COLLECTIONS UNIT.] The obligor or other
payor of funds shall identify the obligor on the check or
remittance by name, payor number, and social security number,
and shall comply with section 518.611, subdivision 4.
Subd. 8. [SANCTION FOR CHECKS DRAWN ON INSUFFICIENT
FUNDS.] A notice may be directed to any person or entity
submitting a check drawn on insufficient funds stating that
future payment must be paid by cash or certified funds. The
central collections unit and the local child support agency may
refuse a check from a person or entity that has been given
notice that payments must be in cash or certified funds.
Subd. 9. [ADMISSIBILITY OF PAYMENT RECORDS.] A copy of the
record of payments maintained by the central collections unit in
section 518.5852 is admissible evidence in all tribunals as
proof of payments made through the central collections unit
without the need of testimony to prove authenticity.
Subd. 10. [TRANSITION PROVISIONS.] (a) The commissioner of
human services shall develop a plan for the implementation of
the central collections unit. The plan must require that
payments be redirected to the central collections unit.
Payments may be redirected in groups according to county of
origin, county of payment, method of payment, type of case, or
any other distinguishing factor designated by the commissioner.
(b) Notice that payments must be made to the central
collections unit must be provided to the obligor and to the
payor of funds within 30 days prior to the redirection of
payments to the central collections unit. After the notice has
been provided to the obligor or payor of funds, mailed payments
received by a local child support agency must be forwarded to
the central collections unit. A notice must be sent to the
obligor or payor of funds stating that payment application may
be delayed and provide directions to submit future payment to
the central collections unit.
Sec. 4. [EFFECTIVE DATE.]
Sections 1 to 3 are effective January 1, 1997.
ARTICLE 3
CHILD SUPPORT DATA COLLECTION AND PUBLICATION
Section 1. Minnesota Statutes 1994, section 256.978,
subdivision 1, is amended to read:
Subdivision 1. [REQUEST FOR INFORMATION.] The commissioner
of human services, in order to locate a person to establish
paternity, child support, or to enforce a child support
obligation in arrears, may request information reasonably
necessary to the inquiry from the records of all departments,
boards, bureaus, or other agencies of this state, which shall,
notwithstanding the provisions of section 268.12, subdivision
12, or any other law to the contrary, provide the information
necessary for this purpose. Employers, utility companies,
insurance companies, financial institutions, and labor
associations doing business in this state shall provide
information as provided under subdivision 2 upon written request
by an agency responsible for child support enforcement regarding
individuals owing or allegedly owing a duty to support within 30
days of the receipt of the written request made by the public
authority. Information requested and used or transmitted by the
commissioner pursuant to the authority conferred by this section
may be made available only to public officials and agencies of
this state and its political subdivisions and other states of
the union and their political subdivisions who are seeking to
enforce the support liability of parents or to locate parents.
The commissioner may not release the information to an agency or
political subdivision of another state unless the agency or
political subdivision is directed to maintain the data
consistent with its classification in this state. Information
obtained under this section may not be released except to the
extent necessary for the administration of the child support
enforcement program or when otherwise authorized by law.
Sec. 2. Minnesota Statutes 1994, section 518.575, is
amended to read:
518.575 [PUBLICATION OF NAMES OF DELINQUENT CHILD SUPPORT
OBLIGORS.]
Every three months Subdivision 1. [PUBLICATION OF
NAMES.] Twice each year, the department commissioner of human
services shall publish in the newspaper of widest circulation in
each county a list of the names and last known addresses of each
person who (1) is a child support obligor, (2) resides in the
county, (3) is at least $3,000 in arrears, and (4) has not made
a child support payment, or has made only partial child support
payments that total less than 25 percent of the amount of child
support owed, for the last 12 months including any payments made
through the interception of federal or state taxes. The rate
charged for publication shall be the newspaper's lowest
classified display rate, including all available discounts.
(3) is not in compliance with a written payment agreement
regarding both current support and arrearages approved by the
court, an administrative law judge, or the public authority.
The commissioner of human services shall publish the name of
each obligor in the newspaper or newspapers of widest
circulation in the area where the obligor is most likely to be
residing. For each publication, the commissioner shall release
the list of all names being published not earlier than the first
day on which names appear in any newspaper. An obligor's name
may not be published if the obligor claims in writing, and
the department commissioner of human services determines, there
is good cause for the nonpayment of child support. Good cause
includes the following: (i) there is a mistake in the obligor's
identity or the amount of the obligor's arrears; (ii) arrears
are reserved by the court or there is a pending legal action
concerning the unpaid child support; or (iii) other
circumstances as determined by the commissioner. The list must
be based on the best information available to the state at the
time of publication.
Before publishing the name of the obligor, the department
of human services shall send a notice to the obligor's last
known address which states the department's intention to publish
the obligor's name and the amount of child support the obligor
owes. The notice must also provide an opportunity to have the
obligor's name removed from the list by paying the arrearage or
by entering into an agreement to pay the arrearage, and the
final date when the payment or agreement can be accepted.
The department of human services shall insert with the
notices sent to the obligee, a notice stating the intent to
publish the obligor's name, and the criteria used to determine
the publication of the obligor's name.
Subd. 2. [NAMES PUBLISHED IN ERROR.] If the commissioner
publishes a name under subdivision 1 which is in error, the
commissioner must also offer to publish a printed retraction and
apology acknowledging that the name was published in error. The
retraction and apology must appear in each publication that
included the original notice with the name listed in error, and
it must appear in the same type size and appear the same number
of times as the original notice.
Sec. 3. Minnesota Statutes 1994, section 518.611,
subdivision 1, is amended to read:
Subdivision 1. [ORDER.] Whenever an obligation for support
of a dependent child or maintenance of a spouse, or both, is
determined and ordered by a court of this state, the amount of
child support or maintenance as determined by court order must
be withheld from the income, regardless of source, of the person
obligated to pay the support or maintenance, and paid through
the public authority. The court shall provide a copy of any
order where withholding is ordered to the public authority
responsible for support collections. Every order for
maintenance or support must include:
(1) the obligor's social security number and date of birth
and the name and address of the obligor's employer or other
payor of funds; and
(2) provisions for the obligor to keep the public authority
informed of the name and address of the obligor's current
employer or payor of funds, and whether the obligor has access
to employment-related health insurance coverage and, if so, the
health insurance policy information.
Sec. 4. Minnesota Statutes 1994, section 518.611,
subdivision 2, is amended to read:
Subd. 2. [CONDITIONS OF INCOME WITHHOLDING.] (a)
Withholding shall result when:
(1) the obligor requests it in writing to the public
authority;
(2) the custodial parent requests it by making a motion to
the court; or
(3) the obligor fails to make the maintenance or support
payments, and the following conditions are met:
(i) the obligor is at least 30 days in arrears;
(ii) 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;
(iii) 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;
(iv) the obligee or the public authority serves a copy of
the notice of income withholding, a copy of the court's order or
notice of order, sends the payor of funds a notice of the
withholding requirements and the provisions of this section on
the payor of funds; and
(v) 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.
For those persons not applying for the public authority's IV-D
services, a monthly service fee of $15 must be charged to the
obligor in addition to the amount of child support ordered by
the court and withheld through automatic income withholding, or
for persons applying for the public authority's IV-D services,
the service fee under section 518.551, subdivision 7, applies.
The county agency shall explain to affected persons the services
available and encourage the applicant to apply for IV-D 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 move the court, under section 518.64,
to modify the order respecting the amount of maintenance or
support.
(d) 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.
(e) 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. 5. Minnesota Statutes 1994, section 518.611,
subdivision 5, is amended to read:
Subd. 5. [ARREARAGE ORDER.] Nothing in this section shall
prevent the court from ordering the payor of funds to withhold
amounts to satisfy the obligor's previous arrearage in child
support or maintenance payments, the obligor's liability
for reimbursement of child support or of public assistance
pursuant to sections 256.87 and 257.66, for pregnancy and
confinement expenses and for blood test costs, and any service
fees that may be imposed under section 518.551. This remedy
shall not operate to exclude availability of other remedies to
enforce judgments.
Sec. 6. Minnesota Statutes 1994, section 518.611,
subdivision 6, is amended to read:
Subd. 6. [PRIORITY.] (a) An order for withholding under
this section or execution or garnishment upon a judgment for
child support arrearages or preadjudicated expenses shall have
priority over an attachment, execution, garnishment, or wage
assignment and shall not be subject to the statutory limitations
on amounts levied against the income of the obligor. Amounts
withheld from an employee's income must not exceed the maximum
permitted under the Consumer Credit Protection Act, United
States Code, title 15, section 1673(b)(2).
(b) If there is more than one withholding order on a single
employee is subject to multiple withholding orders for the
support of more than one child, the payor of funds shall comply
with all of the orders to the extent that the total amount
withheld from the payor's income does not exceed the limits
imposed under the Consumer Credit Protection Act, giving
priority to amounts designated in each order as current support
as follows:
(1) if the total of the amounts designated in the orders as
current support exceeds the amount available for income
withholding, the payor of funds shall allocate to each order an
amount for current support equal to the amount designated in
that order as current support, divided by the total of the
amounts designated in the orders as current support, multiplied
by the amount of the income available for income withholding;
and
(2) if the total of the amounts designated in the orders as
current support does not exceed the amount available for income
withholding, the payor of funds shall pay the amounts designated
as current support, and shall allocate to each order an amount
for past due support equal to the amount designated in that
order as past due support, divided by the total of the amounts
designated in the orders as past due support, multiplied by the
amount of income remaining available for income withholding
after the payment of current support.
(c) If more than one order exists involving the same
obligor and child, the public authority shall enforce the most
current order. Income withholding that has been implemented
under a previous order pursuant to this section or section
518.613 shall be terminated as of the date of the most current
order. The public authority shall notify the payor of funds to
withhold under the most current order.
(d) Notwithstanding any law to the contrary, funds from
income sources included in section 518.54, subdivision 6,
whether periodic or lump sum, are not exempt from attachment or
execution upon a judgment for child support arrearages.
Sec. 7. Minnesota Statutes 1994, section 518.611,
subdivision 8a, is amended to read:
Subd. 8a. [LUMP SUM PAYMENTS.] (a) Upon the Before
transmittal of the last reimbursement payment to the employee,
where obligor of a lump sum payment including, but not limited
to, severance pay, accumulated sick pay or, vacation pay is paid
upon termination of employment, and where the employee is in
arrears in making court ordered child support payments, the
employer shall withhold an amount which is the lesser of (1) the
amount in arrears or (2) that portion of the arrearages which is
the product of the obligor's monthly court ordered support
amount multiplied by the number of months of net income that the
lump sum payment represents.
(b) bonuses, commissions, or other pay or benefits:
(1) an employer, trustee, or other payor of funds who has
been served with a notice of income withholding under
subdivision 2 or section 518.613 must:
(1) (i) notify the public authority of any lump sum payment
of $500 or more that is to be paid to the obligor;
(2) (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 181.08, 181.101,
181.11, 181.13, and 181.145; and
(3) (iii) upon order of the court, pay any specified amount
of the lump sum payment to the public authority for current
support. or reimbursement of support judgment, judgments, or
arrearages; and
(iv) 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) upon service by United States mail of a sworn affidavit
from the public authority or a court order stating:
(i) that a judgment entered pursuant to section 548.091,
subdivision 1a, exists against the obligor, or that other
support arrearages exist;
(ii) that a portion of the judgment, judgments, or
arrearages remains unpaid; and
(iii) the current balance of the judgment, judgments, or
arrearages, the payor of funds shall pay to the public authority
the lesser of the amount of the lump sum payment or the total
amount of judgments plus arrearages as stated in affidavit or
court order, subject to the limits imposed under the consumer
credit protection act.
Sec. 8. Minnesota Statutes 1994, section 518.613,
subdivision 1, is amended to read:
Subdivision 1. [GENERAL.] Notwithstanding any provision of
section 518.611, subdivision 2 or 3, to the contrary, whenever
an obligation for child support or maintenance, enforced by the
public authority, is initially determined and ordered or
modified by the court in a county in which this section applies,
the amount of child support or maintenance ordered by the court
and any fees assessed by the public authority responsible for
child support enforcement must be withheld from the income and
forwarded to the public authority, regardless of the source of
income, of the person obligated to pay the support.
Sec. 9. Minnesota Statutes 1994, section 518.613,
subdivision 2, is amended to read:
Subd. 2. [ORDER; COLLECTION SERVICES.] Every order for
child support must include the obligor's social security number
and date of birth and the name and address of the obligor's
employer or other payor of funds. In addition, every order must
contain provisions requiring the obligor to keep the public
authority informed of the name and address of the obligor's
current employer, or other payor of funds and whether the
obligor has access to employment-related health insurance
coverage and, if so, the health insurance policy information.
Upon entry of the order for support or maintenance, the court
shall mail a copy of the court's automatic income withholding
order and the provisions of section 518.611 and this section to
the obligor's employer or other payor of funds and provide a
copy of the withholding order to the public authority
responsible for child support enforcement. An obligee who is
not a recipient of public assistance must decide to either apply
for the IV-D collection services of the public authority or
obtain income withholding only services when an order for
support is entered unless the requirements of this section have
been waived under subdivision 7. The supreme court shall
develop a standard automatic income withholding form to be used
by all Minnesota courts. This form shall be made a part of any
order for support or decree by reference.
Sec. 10. Minnesota Statutes 1994, section 518.614,
subdivision 1, is amended to read:
Subdivision 1. [STAY OF SERVICE.] If the court finds there
is no arrearage in child support or maintenance as of the date
of the court hearing, the court shall stay service of the order
under section 518.613, subdivision 2, in a county in which that
section applies if the obligor establishes a savings account for
a sum equal to two months of the monthly child support or
maintenance obligation and provides proof of the establishment
to the court and the public authority on or before the day of
the court hearing determining the obligation. This sum must be
held in a financial institution in an interest-bearing account
with only the public authority authorized as drawer of funds.
Proof of the establishment must include the financial
institution name and address, account number, and the amount of
deposit.
Sec. 11. Minnesota Statutes 1994, section 518.64,
subdivision 4, is amended to read:
Subd. 4. Unless otherwise agreed in writing or expressly
provided in the order, provisions for the support of a child are
not terminated by emancipation of the child but not by the death
of a parent obligated to support the child. When a parent
obligated to pay support dies, the amount of support may be
modified, revoked, or commuted to a lump sum payment, to the
extent just and appropriate in the circumstances.
Sec. 12. Minnesota Statutes 1994, section 518.64, is
amended by adding a subdivision to read:
Subd. 4a. [AUTOMATIC TERMINATION OF SUPPORT.] (a) Unless a
court order provides otherwise, a child support obligation in a
specific amount per child terminates automatically and without
any action by the obligor to reduce, modify, or terminate the
order upon the emancipation of the child as provided under
section 518.54, subdivision 2.
(b) A child support obligation for two or more children
that is not a support obligation in a specific amount per child
continues in the full amount until the emancipation of the last
child for whose benefit the order was made, or until further
order of the court.
(c) The obligor may request a modification of the obligor's
child support order upon the emancipation of a child if there
are still minor children under the order. The child support
obligation shall be determined based on the income of the
parties at the time the modification is sought.
Sec. 13. Minnesota Statutes 1994, section 518C.310, is
amended to read:
518C.310 [DUTIES OF STATE INFORMATION AGENCY.]
(a) The unit within the department of human services that
receives and disseminates incoming interstate actions under
title IV-D of the Social Security Act from section 518C.02,
subdivision 1a, is the state information agency under this
chapter.
(b) The state information agency shall:
(1) compile and maintain a current list, including
addresses, of the tribunals in this state which have
jurisdiction under this chapter and any support enforcement
agencies in this state and transmit a copy to the state
information agency of every other state;
(2) maintain a register of tribunals and support
enforcement agencies received from other states;
(3) forward to the appropriate tribunal in the place in
this state in which the individual obligee or the obligor
resides, or in which the obligor's property is believed to be
located, all documents concerning a proceeding under this
chapter received from an initiating tribunal or the state
information agency of the initiating state; and
(4) obtain information concerning the location of the
obligor and the obligor's property within this state not exempt
from execution, by such means as postal verification and federal
or state locator services, examination of telephone directories,
requests for the obligor's address from employers, and
examination of governmental records, including, to the extent
not prohibited by other law, those relating to real property,
vital statistics, law enforcement, taxation, motor vehicles,
driver's licenses, and social security.; and
(5) determine which foreign jurisdictions and Indian tribes
have substantially similar procedures for issuance and
enforcement of support orders. The state information agency
shall compile and maintain a list, including addresses, of all
these foreign jurisdictions and Indian tribes. The state
information agency shall make this list available to all state
tribunals and all support enforcement agencies.
Sec. 14. Minnesota Statutes 1994, section 548.15, is
amended to read:
548.15 [DISCHARGE OF RECORD.]
Subdivision 1. [GENERAL.] Except as provided in
subdivision 2, upon the satisfaction of a judgment, whether
wholly or in part, or as to all or any of several defendants,
the court administrator shall enter the satisfaction in the
judgment roll, and note it, with its date, on the docket. If
the docketing is upon a transcript from another county, the
entry on the docket is sufficient. A judgment is satisfied when
there is filed with the court administrator:
(1) an execution satisfied, to the extent stated in the
sheriff's return on it;
(2) a certificate of satisfaction signed and acknowledged
by the judgment creditor;
(3) a like certificate signed and acknowledged by the
attorney of the creditor, unless that attorney's authority as
attorney has previously been revoked and an entry of the
revocation made upon the register; the authority of an attorney
to satisfy a judgment ceases at the end of six years from its
entry;
(4) an order of the court, made on motion, requiring the
execution of a certificate of satisfaction, or directing
satisfaction to be entered without it;
(5) where a judgment is docketed on transcript, a copy of
either of the foregoing documents, certified by the court
administrator in which the judgment was originally entered and
in which the originals were filed.
A satisfaction made in the name of a partnership is valid
if executed by a member of it while the partnership continues.
The judgment creditor, or the creditor's attorney while the
attorney's authority continues, may also satisfy a judgment of
record by a brief entry on the register, signed by the creditor
or the creditor's attorney and dated and witnessed by the court
administrator, who shall note the satisfaction on the margin of
the docket. Except as provided in subdivision 2, when a
judgment is satisfied otherwise than by return of execution, the
judgment creditor or the creditor's attorney shall file a
certificate of it with the court administrator within ten days
after the satisfaction or within 30 days of payment by check or
other noncertified funds.
Subd. 2. [CHILD SUPPORT OR MAINTENANCE JUDGMENT.] In the
case of a judgment for child support or spousal maintenance, an
execution or certificate of satisfaction need not be filed with
the court until the judgment is satisfied in full.
Sec. 15. Minnesota Statutes 1994, section 609.375,
subdivision 1, is amended to read:
Subdivision 1. Whoever is legally obligated to provide
care and support to a spouse who is in necessitous
circumstances, or child, whether or not its custody has been
granted to another, and knowingly omits and fails without lawful
excuse to do so is guilty of a misdemeanor, and upon conviction
may be sentenced to imprisonment for not more than 90 days or to
payment of a fine of not more than $700, or both.
Sec. 16. [SUSPENSION OF PUBLICATIONS.]
Notwithstanding Minnesota Statutes, section 518.575, the
commissioner of human services may not publish names of
delinquent child support obligors until January 1, 1997; prior
to January 1, 1997, a county may publish names in accordance
with Minnesota Statutes, section 518.575, provided the
publication is cost-neutral to the state.
Sec. 17. [REPEALER.]
Minnesota Statutes 1994, section 518.64, subdivision 6, is
repealed.
Sec. 18. [EFFECTIVE DATE.]
Section 16 is effective the day following final enactment.
ARTICLE 4
RECOGNITION OF PARENTAGE; MN ENABL
Section 1. [145.9255] [MN ENABL, MINNESOTA EDUCATION NOW
AND BABIES LATER.]
Subdivision 1. [ESTABLISHMENT.] The commissioner of
health, in consultation with a representative from Minnesota
planning, the commissioner of human services, and the
commissioner of education, shall develop and implement the
Minnesota education now and babies later (MN ENABL) program,
targeted to adolescents ages 12 to 14, with the goal of reducing
the incidence of adolescent pregnancy in the state. The program
must provide a multifaceted, primary prevention, community
health promotion approach to educating and supporting
adolescents in the decision to postpone sexual involvement
modeled after the ENABL program in California. The commissioner
of health shall consult with the chief of the health education
section of the California department of health services for
general guidance in developing and implementing the program.
Subd. 2. [DEFINITION.] "Community-based local contractor"
or "contractor" includes boards of health under section 145A.02,
nonprofit organizations, or school districts. The
community-based local contractors may provide the education
component of MN ENABL in a variety of settings including, but
not limited to, schools, religious establishments, local
community centers, and youth camps.
Subd. 3. [DUTIES OF COMMISSIONER OF HEALTH.] The
commissioner shall:
(1) manage the grant process, including awarding and
monitoring grants to community-based local contractors, and may
contract with community-based local contractors that can
demonstrate at least a 25 percent local match and agree to
participate in the four MN ENABL program components under
subdivision 4;
(2) provide technical assistance to the community-based
local contractors as necessary under subdivision 4;
(3) develop and implement the evaluation component, and
provide centralized coordination at the state level of the
evaluation process; and
(4) explore and pursue the federal funding possibilities
and specifically request funding from the United States
Department of Health and Human Services to supplement the
development and implementation of the program.
Subd. 4. [PROGRAM COMPONENTS.] The program must include
the following four major components:
(a) A community organization component in which the
community-based local contractors shall include:
(1) use of a postponing sexual involvement education
curriculum targeted to boys and girls ages 12 to 14 in schools
and/or community settings;
(2) planning and implementing community organization
strategies to convey and reinforce the MN ENABL message of
postponing sexual involvement, including activities promoting
awareness and involvement of parents and other primary
caregivers/significant adults, schools, and community; and
(3) development of local media linkages.
(b) A statewide, comprehensive media and public relations
campaign to promote changes in sexual attitudes and behaviors,
and reinforce the message of postponing adolescent sexual
involvement.
The commissioner of health, in consultation with the
commissioner of education, shall contract with the attorney
general's office to develop and implement the media and public
relations campaign. In developing the campaign, the attorney
general's office shall coordinate and consult with
representatives from ethnic and local communities to maximize
effectiveness of the social marketing approach to health
promotion among the culturally diverse population of the state.
The development and implementation of the campaign is subject to
input and approval by the commissioner of health.
The local community-based contractors shall collaborate and
coordinate efforts with other community organizations and
interested persons to provide school and community-wide
promotional activities that support and reinforce the message of
the MN ENABL curriculum.
(c) An evaluation component which evaluates the process and
the impact of the program.
The "process evaluation" must provide information to the
state on the breadth and scope of the program. The evaluation
must identify program areas that might need modification and
identify local MN ENABL contractor strategies and procedures
which are particularly effective. Contractors must keep
complete records on the demographics of clients served, number
of direct education sessions delivered and other appropriate
statistics, and must document exactly how the program was
implemented. The commissioner may select contractor sites for
more in-depth case studies.
The "impact evaluation" must provide information to the
state on the impact of the different components of the MN ENABL
program and an assessment of the impact of the program on
adolescent's related sexual knowledge, attitudes, and
risk-taking behavior.
The commissioner shall compare the MN ENABL evaluation
information and data with similar evaluation data from other
states pursuing a similar adolescent pregnancy prevention
program modeled after ENABL and use the information to improve
MN ENABL and build on aspects of the program that have
demonstrated a delay in adolescent sexual involvement.
(d) A training component requiring the commissioner of
health, in consultation with the commissioner of education, to
provide comprehensive uniform training to the local MN ENABL
community-based local contractors and the direct education
program staff.
The local community-based contractors may use adolescent
leaders slightly older than the adolescents in the program to
impart the message to postpone sexual involvement provided:
(1) the contractor follows a protocol for adult
mentors/leaders and older adolescent leaders established by the
commissioner of health;
(2) the older adolescent leader is accompanied by an adult
leader; and
(3) the contractor uses the curriculum as directed and
required by the commissioner of the department of health to
implement this part of the program. The commissioner of health
shall provide technical assistance to community-based local
contractors.
Sec. 2. Minnesota Statutes 1994, section 256.87,
subdivision 5, is amended to read:
Subd. 5. [CHILD NOT RECEIVING ASSISTANCE.] A person or
entity having physical custody of a dependent child not
receiving assistance under sections 256.031 to 256.0361, or
256.72 to 256.87 has a cause of action for child support against
the child's absent parents. Upon a motion served on the absent
parent, the court shall order child support payments from the
absent parent under chapter 518. The absent parent's liability
may include up to the two years immediately preceding the
commencement of the action. This subdivision applies only if
the person or entity has physical custody with the consent of a
custodial parent or approval of the court.
Sec. 3. Minnesota Statutes 1994, section 257.34, is
amended by adding a subdivision to read:
Subd. 4. [EXPIRATION OF AUTHORITY FOR DECLARATIONS.] No
acknowledgment of parentage shall be entered into on or after
August 1, 1995 under this section. The mother and father of a
child born to a mother who was not married to the child's father
when the child was conceived nor when the child was born may
before, on, or after August 1, 1995, sign a recognition of
parentage under section 257.75.
Sec. 4. Minnesota Statutes 1994, section 257.55,
subdivision 1, is amended to read:
Subdivision 1. [PRESUMPTION.] A man is presumed to be the
biological father of a child if:
(a) He and the child's biological mother are or have been
married to each other and the child is born during the marriage,
or within 280 days after the marriage is terminated by death,
annulment, declaration of invalidity, dissolution, or divorce,
or after a decree of legal separation is entered by a court;
(b) Before the child's birth, he and the child's biological
mother have attempted to marry each other by a marriage
solemnized in apparent compliance with law, although the
attempted marriage is or could be declared void, voidable, or
otherwise invalid, and,
(1) if the attempted marriage could be declared invalid
only by a court, the child is born during the attempted
marriage, or within 280 days after its termination by death,
annulment, declaration of invalidity, dissolution or divorce; or
(2) if the attempted marriage is invalid without a court
order, the child is born within 280 days after the termination
of cohabitation;
(c) After the child's birth, he and the child's biological
mother have married, or attempted to marry, each other by a
marriage solemnized in apparent compliance with law, although
the attempted marriage is or could be declared void, voidable,
or otherwise invalid, and,
(1) he has acknowledged his paternity of the child in
writing filed with the state registrar of vital statistics;
(2) with his consent, he is named as the child's father on
the child's birth certificate; or
(3) he is obligated to support the child under a written
voluntary promise or by court order;
(d) While the child is under the age of majority, he
receives the child into his home and openly holds out the child
as his biological child;
(e) He and the child's biological mother acknowledge his
paternity of the child in a writing signed by both of them under
section 257.34 and filed with the state registrar of vital
statistics. If another man is presumed under this paragraph to
be the child's father, acknowledgment may be effected only with
the written consent of the presumed father or after the
presumption has been rebutted;
(f) Evidence of statistical probability of paternity based
on blood testing establishes the likelihood that he is the
father of the child, calculated with a prior probability of no
more than 0.5 (50 percent), is 99 percent or greater;
(g) He and the child's biological mother have executed a
recognition of parentage in accordance with section 257.75 and
another man is presumed to be the father under this subdivision;
or
(h) He and the child's biological mother have executed a
recognition of parentage in accordance with section 257.75 and
another man and the child's mother have executed a recognition
of parentage in accordance with section 257.75; or
(i) He and the child's biological mother executed a
recognition of parentage in accordance with section 257.75 when
either or both of the signatories were less than 18 years of age.
Sec. 5. Minnesota Statutes 1994, section 257.57,
subdivision 2, is amended to read:
Subd. 2. The child, the mother, or personal representative
of the child, the public authority chargeable by law with the
support of the child, the personal representative or a parent of
the mother if the mother has died or is a minor, a man alleged
or alleging himself to be the father, or the personal
representative or a parent of the alleged father if the alleged
father has died or is a minor may bring an action:
(1) at any time for the purpose of declaring the existence
of the father and child relationship presumed under section
257.55, subdivision 1, paragraph (d), (e), (f), (g), or (h), or
the nonexistence of the father and child relationship presumed
under clause (d) of that subdivision;
(2) for the purpose of declaring the nonexistence of the
father and child relationship presumed under section 257.55,
subdivision 1, paragraph (e) or (g), only if the action is
brought within three years after the date of the execution of
the declaration or recognition of parentage; or
(3) for the purpose of declaring the nonexistence of the
father and child relationship presumed under section 257.55,
subdivision 1, paragraph (f), only if the action is brought
within three years after the party bringing the action, or the
party's attorney of record, has been provided the blood test
results; or
(4) for the purpose of declaring the nonexistence of the
father and child relationship presumed under section 257.75,
subdivision 9, only if the action is brought by the minor
signatory within six months after the minor signatory reaches
the age of 18. In the case of a recognition of parentage
executed by two minor signatories, the action to declare the
nonexistence of the father and child relationship must be
brought within six months after the youngest signatory reaches
the age of 18.
Sec. 6. Minnesota Statutes 1994, section 257.60, is
amended to read:
257.60 [PARTIES.]
The child may be made a party to the action. If the child
is a minor and is made a party, a general guardian or a guardian
ad litem shall be appointed by the court to represent the
child. The child's mother or father may not represent the child
as guardian or otherwise. The biological mother, each man
presumed to be the father under section 257.55, and each man
alleged to be the biological father, shall be made parties or,
if not subject to the jurisdiction of the court, shall be given
notice of the action in a manner prescribed by the court and
shall be given an opportunity to be heard. The public agency
responsible for support enforcement is joined as a party in each
case in which rights are assigned under section 256.74,
subdivision 5, and in each case in which the public agency is
providing services pursuant to an application for child support
services. A person who may bring an action under section 257.57
may be made a party to the action. The court may align the
parties. The child shall be made a party whenever:
(1) the child is a minor and the case involves a compromise
under section 257.64, subdivision 1, or a lump sum payment under
section 257.66, subdivision 4, in which case the commissioner of
human services shall also be made a party subject to department
of human services rules relating to paternity suit settlements;
or
(2) the child is a minor and the action is to declare the
nonexistence of the father and child relationship; or
(3) an action to declare the existence of the father and
child relationship is brought by a man presumed to be the father
under section 257.55, or a man who alleges to be the father, and
the mother of the child denies the existence of the father and
child relationship.
Sec. 7. [257.651] [DEFAULT ORDER OF PARENTAGE.]
In an action to determine the existence of the father and
child relationship under sections 257.51 to 257.74, if the
alleged father fails to appear at a hearing after service duly
made and proved, the court shall enter a default judgment or
order of paternity.
Sec. 8. Minnesota Statutes 1994, section 257.67,
subdivision 1, is amended to read:
Subdivision 1. If existence of the parent and child
relationship is declared, or parentage or a duty of support has
been acknowledged or adjudicated under sections 257.51 to 257.74
or under prior law, the obligation of the noncustodial parent
may be enforced in the same or other proceedings by the
custodial parent, the child, the public authority that has
furnished or may furnish the reasonable expenses of pregnancy,
confinement, education, support, or funeral, or by any other
person, including a private agency, to the extent that person
has furnished or is furnishing these expenses. Full faith and
credit shall be given to a determination of paternity made by
another state, whether established through voluntary
acknowledgment or through administrative or judicial processes.
Sec. 9. Minnesota Statutes 1994, section 257.75,
subdivision 3, is amended to read:
Subd. 3. [EFFECT OF RECOGNITION.] Subject to subdivision 2
and section 257.55, subdivision 1, paragraph (g) or (h), the
recognition has the force and effect of a judgment or order
determining the existence of the parent and child relationship
under section 257.66. If the conditions in section 257.55,
subdivision 1, paragraph (g) or (h), exist, the recognition
creates only a presumption of paternity for purposes of sections
257.51 to 257.74. Until an order is entered granting custody to
another, the mother has sole custody. The recognition is:
(1) a basis for bringing an action to award custody or
visitation rights to either parent, establishing a child support
obligation which may include up to the two years immediately
preceding the commencement of the action, ordering a
contribution by a parent under section 256.87, or ordering a
contribution to the reasonable expenses of the mother's
pregnancy and confinement, as provided under section 257.66,
subdivision 3, or ordering reimbursement for the costs of blood
or genetic testing, as provided under section 257.69,
subdivision 2;
(2) determinative for all other purposes related to the
existence of the parent and child relationship; and
(3) entitled to full faith and credit in other
jurisdictions.
Sec. 10. Minnesota Statutes 1994, section 257.75, is
amended by adding a subdivision to read:
Subd. 9. [EXECUTION BY A MINOR PARENT.] A recognition of
parentage executed and filed in accordance with this section by
a minor parent creates a presumption of paternity for the
purposes of sections 257.51 to 257.74.
Sec. 11. Minnesota Statutes 1994, section 517.08,
subdivision 1b, is amended to read:
Subd. 1b. [TERM OF LICENSE; FEE.] The court administrator
shall examine upon oath the party applying for a license
relative to the legality of the contemplated marriage. If at
the expiration of a five-day period, on being satisfied that
there is no legal impediment to it, the court administrator
shall issue the license, containing the full names of the
parties before and after marriage, and county and state of
residence, with the district court seal attached, and make a
record of the date of issuance. The license shall be valid for
a period of six months. In case of emergency or extraordinary
circumstances, a judge of the county court or a judge of the
district court of the county in which the application is made,
may authorize the license to be issued at any time before the
expiration of the five days. The court administrator shall
collect from the applicant a fee of $65 $70 for administering
the oath, issuing, recording, and filing all papers required,
and preparing and transmitting to the state registrar of vital
statistics the reports of marriage required by this section. If
the license should not be used within the period of six months
due to illness or other extenuating circumstances, it may be
surrendered to the court administrator for cancellation, and in
that case a new license shall issue upon request of the parties
of the original license without fee. A court administrator who
knowingly issues or signs a marriage license in any manner other
than as provided in this section shall pay to the parties
aggrieved an amount not to exceed $1,000.
Sec. 12. Minnesota Statutes 1994, section 517.08,
subdivision 1c, is amended to read:
Subd. 1c. [DISPOSITION OF LICENSE FEE.] Of the marriage
license fee collected pursuant to subdivision 1b, the court
administrator shall pay $50 $55 to the state treasurer to be
deposited in the general fund as follows:
(1) $50 in the general fund;
(2) $3 in the special revenue fund to be appropriated to
the commissioner of human services for supervised visitation
facilities under section 256F.09; and
(3) $2 in the special revenue fund to be appropriated to
the commissioner of health for developing and implementing the
MN ENABL program under section 145.9255.
Sec. 13. [518.255] [PROVISION OF LEGAL SERVICES BY THE
PUBLIC AUTHORITY.]
The provision of services under the child support
enforcement program that includes services by an attorney or an
attorney's representative employed by, under contract to, or
representing the public authority does not create an
attorney-client relationship with any party other than the
public authority. Attorneys employed by or under contract with
the public authority have an affirmative duty to inform
applicants and recipients of services under the child support
enforcement program that no attorney-client relationship exists
between the attorney and the applicant or recipient. This
section applies to all legal services provided by the child
support enforcement program.
The written notice must inform the individual applicant or
recipient of services that no attorney-client relationship
exists between the attorney and the applicant or recipient; the
rights of the individual as a subject of data under section
13.04, subdivision 2; and that the individual has a right to
have an attorney represent the individual.
Data disclosed by an applicant for, or recipient of, child
support services to an attorney employed by, or under contract
with, the public authority is private data on an individual.
However, the data may be disclosed under section 13.46,
subdivision 2, clauses (1) to (3) and (6) to (19), and in order
to obtain, modify or enforce child support, medical support, and
parentage determinations.
An attorney employed by, or under contract with, the public
authority may disclose additional information received from an
applicant for, or recipient of, services for other purposes with
the consent of the individual applicant for, or recipient of,
child support services.
Sec. 14. [EFFECTIVE DATE.]
Sections 2 and 9 are effective the day following final
enactment and are retroactive to January 1, 1994.
ARTICLE 5
CHILD SUPPORT PROCEDURES
Section 1. Minnesota Statutes 1994, section 518.5511,
subdivision 1, is amended to read:
Subdivision 1. [GENERAL.] (a) An administrative process is
established to obtain, modify, and enforce child and medical
support orders and parentage orders and modify maintenance if
combined with a child support proceeding. All laws governing
these actions apply insofar as they are not inconsistent with
the provisions of this section and section 518.5512. Wherever
other laws are inconsistent with this section and section
518.5512, the provisions in this section and section 518.5512
shall apply.
(b) All proceedings for obtaining, modifying, or enforcing
child and medical support orders and modifying maintenance
orders if combined with a child support proceeding, are required
to be conducted in the administrative process when the public
authority is a party or provides services to a party or parties
to the proceedings. At county option, the administrative
process may include contempt motions or actions to establish
parentage. Nothing contained herein shall prevent a party, upon
timely notice to the public authority, from commencing an action
or bringing a motion for the establishment, modification, or
enforcement of child support or modification of maintenance
orders if combined with a child support proceeding in district
court, if additional issues involving domestic abuse,
establishment or modification of custody or visitation, property
issues, or other issues outside the jurisdiction of the
administrative process, are part of the motion or action, or
from proceeding with a motion or action brought by another party
containing one or more of these issues if it is pending in
district court.
(c) A party may make a written request to the public
authority to initiate an uncontested administrative proceeding.
If the public authority denies the request, the public authority
shall issue a summary order notice which denies the request for
relief, states the reasons for the denial, and notifies the
party of the right to commence an action for relief. If the
party commences an action or serves and files a motion within 30
days after the public authority's denial and the party's action
results in a modification of a child support order, the
modification may be retroactive to the date the written request
was received by the public authority.
(d) After August 1, 1994, all counties shall participate in
the administrative process established in this section in
accordance with a statewide implementation plan to be set forth
by the commissioner of human services. No county shall be
required to participate in the administrative process until
after the county has been trained. The implementation plan
shall include provisions for training the counties by region no
later than July 1, 1995.
(e) For the purpose of the administrative process, all
powers, duties, and responsibilities conferred on judges of
district court to obtain and enforce child and medical support
and parentage and maintenance obligations, subject to the
limitations of this section are conferred on administrative law
judges, including the power to issue subpoenas, orders to show
cause, and bench warrants for failure to appear.
The administrative law judge has the authority to enter
parentage orders in which the custody and visitation provisions
are uncontested.
Sec. 2. Minnesota Statutes 1994, section 518.5511,
subdivision 2, is amended to read:
Subd. 2. [UNCONTESTED ADMINISTRATIVE PROCEEDING.] (a) A
party may petition the chief administrative law judge, the chief
district court judge, or the chief family court referee to
proceed immediately to a contested hearing upon good cause shown.
(b) The public authority shall give the parties written
notice requesting the submission of information necessary for
the public authority to prepare a proposed child support order.
The written notice shall be sent by first class mail to the
parties' last known addresses. The written notice shall
describe the information requested, state the purpose of the
request, state the date by which the information must be
postmarked or received (which shall be at least 30 days from the
date of the mailing of the written notice), state that if the
information is not postmarked or received by that date, the
public authority will prepare a proposed order on the basis of
the information available, and identify the type of information
which will be considered.
(c) Following the submission of information or following
the date when the information was due, the public authority
shall, on the basis of all information available, complete and
sign a proposed child support order and notice. In preparing
the proposed child support order, the public authority will
establish child support in the highest amount permitted under
section 518.551, subdivision 5. The proposed order shall
include written findings in accordance with section 518.551,
subdivision 5, clauses (i) and (j). The notice shall state that
the proposed child support order will be entered as a final and
binding default order unless one of the parties requests a
conference under subdivision 3 within 14 21 days following the
date of service of the proposed child support order. The method
for requesting the conference shall be stated in the notice.
The notice and proposed child support order shall be served
under the rules of civil procedure. For the purposes of the
contested hearing, and notwithstanding any law or rule to the
contrary, the service of the proposed order pursuant to this
paragraph shall be deemed to have commenced a proceeding and the
judge, including an administrative law judge or a referee, shall
have jurisdiction over the contested hearing.
(d) If a conference under subdivision 3 is not requested by
a party within 14 21 days after the date of service of the
proposed child support order, the public authority may enter
submit the proposed order as the default order. The default
order becomes effective 30 days after the date of service of the
notice in paragraph (c) enforceable upon signature by an
administrative law judge, district court judge, or referee. The
public authority may also prepare and serve a new notice and
proposed child support order if new information is subsequently
obtained. The default child support order shall be a final
order, and shall be served under the rules of civil procedure.
(e) The public authority shall file in the district court
copies of all notices served on the parties, proof of service,
and all orders.
Sec. 3. Minnesota Statutes 1994, section 518.5511,
subdivision 3, is amended to read:
Subd. 3. [ADMINISTRATIVE CONFERENCE.] (a) If a party
requests a conference within 14 21 days of the date of service
of the proposed order, the public authority shall schedule a
conference, and shall serve written notice of the date, time,
and place of the conference on the parties.
(b) The purpose of the conference is to review all
available information and seek an agreement to enter a consent
child support order. The notice shall state the purpose of the
conference, and that the proposed child support order will be
entered as a final and binding default order if the requesting
party fails to appear at the conference. The notice shall be
served on the parties by first class mail at their last known
addresses, and the method of service shall be documented in the
public authority file.
(c) A party alleging domestic abuse by the other party
shall not be required to participate in a conference. In such a
case, the public authority shall meet separately with the
parties in order to determine whether an agreement can be
reached.
(d) If the party requesting the conference does not appear
and fails to provide a written excuse (with supporting
documentation if relevant) to the public authority within seven
days after the date of the conference which constitutes good
cause, the public authority may enter a default child support
order through the uncontested administrative process. The
public authority shall not enter the default order until at
least seven days after the date of the conference.
For purposes of this section, misrepresentation, excusable
neglect, or circumstances beyond the control of the person who
requested the conference which prevented the person's appearance
at the conference constitutes good cause for failure to appear.
If the public authority finds good cause, the conference shall
be rescheduled by the public authority and the public authority
shall send notice as required under this subdivision.
(e) If the parties appear at the conference, the public
authority shall seek agreement of the parties to the entry of a
consent child support order which establishes child support in
accordance with applicable law. The public authority shall
advise the parties that if a consent order is not entered, the
matter will be scheduled for a hearing before an administrative
law judge, or a district court judge or referee, and that the
public authority will seek the establishment of child support at
the hearing in accordance with the highest amount permitted
under section 518.551, subdivision 5. If an agreement to enter
the consent order is not reached at the conference, the public
authority shall schedule the matter before an administrative law
judge, district court judge, or referee for a contested hearing.
(f) If an agreement is reached by the parties at the
conference, a consent child support order shall be prepared by
the public authority, and shall be signed by the parties. All
consent and default orders shall be signed by the nonattorney
employee of the public authority and shall be submitted to an
administrative law judge or the district court for
countersignature approval and signature. The order is effective
enforceable upon the signature by the administrative law judge
or the district court and is retroactive to the date of
signature by the nonattorney employee of the public authority.
The consent order shall be served on the parties under the rules
of civil procedure.
Sec. 4. Minnesota Statutes 1994, section 518.5511,
subdivision 4, is amended to read:
Subd. 4. [CONTESTED ADMINISTRATIVE PROCEEDING.] (a) The
commissioner of human services is authorized to designate
counties to use the contested administrative hearing process
based upon federal guidelines for county performance. The
contested administrative hearing process may also be initiated
upon request of a county board. The administrative hearing
process shall be implemented in counties designated by the
commissioner. All counties shall participate in the contested
administrative process established in this section as designated
in a statewide implementation plan to be set forth by the
commissioner of human services. No county shall be required to
participate in the contested administrative process until after
the county has been trained. The contested administrative
process shall be in operation in all counties no later than July
1, 1998, with the exception of Hennepin county which shall have
a pilot program in operation no later than July 1, 1996.
The Hennepin county pilot program shall be jointly planned,
implemented, and evaluated by the department of human services,
the office of administrative hearings, the fourth judicial
district court, and Hennepin county. The pilot program shall
provide that one-half of the case load use the contested
administrative process. The pilot program shall include an
evaluation which shall be conducted after one year of program
operation. A preliminary evaluation report shall be submitted
by the commissioner to the legislature by March 1, 1997. A
final evaluation report shall be submitted by the commissioner
to the legislature by January 15, 1998. The pilot program shall
continue pending final decision by the legislature, or until the
commissioner determines that the pilot program shall discontinue
and that Hennepin county shall not participate in the contested
administrative process.
In counties designated by the commissioner, contested
hearings required under this section shall be scheduled before
administrative law judges, and shall be conducted in accordance
with the provisions under this section. In counties not
designated by the commissioner, contested hearings shall be
conducted in district court in accordance with the rules of
civil procedure and the rules of family court.
(b) An administrative law judge may conduct hearings and
approve a stipulation reached on a contempt motion brought by
the public authority. Any stipulation that involves a finding
of contempt and a jail sentence, whether stayed or imposed,
shall require the review and signature of a district court judge.
(c) For the purpose of this process, all powers, duties,
and responsibilities conferred on judges of the district court
to obtain and enforce child and medical support and maintenance
obligations, subject to the limitation set forth herein, are
conferred on the administrative law judge conducting the
proceedings, including the power to issue subpoenas, to issue
orders to show cause, and to issue bench warrants for failure to
appear. A party, witness, or attorney may appear or testify by
telephone, audiovisual means, or other electronic means, at the
discretion of the administrative law judge.
(d) Before implementing the process in a county, the chief
administrative law judge, the commissioner of human services,
the director of the county human services agency, the county
attorney, the county court administrator, and the county sheriff
shall jointly establish procedures, and the county shall provide
hearing facilities for implementing this process in the county.
A contested administrative hearing shall be conducted in a
courtroom, if one is available, or a conference or meeting room
with at least two exits and of sufficient size to permit
adequate physical separation of the parties. The court
administrator shall, to the extent practical, provide
administrative support for the contested hearing. Security
personnel shall either be present during the administrative
hearings, or be available to respond to a request for emergency
assistance.
(e) The contested administrative hearings shall be
conducted under the rules of the office of administrative
hearings, Minnesota Rules, parts 1400.5275, 1400.5500, 1400.6000
to 1400.6400, 1400.6600 to 1400.7000, 1400.7100 to 1400.7500,
1400.7700, and 1400.7800, and 1400.8100, as adopted by the chief
administrative law judge. For matters not initiated under
subdivision 2, documents from the moving party shall be served
and filed at least 21 days prior to the hearing and the opposing
party shall serve and file documents raising new issues at least
ten days prior to the hearing. In all contested administrative
proceedings, the administrative law judge may limit the extent
and timing of discovery. Except as provided under this section,
other aspects of the case, including, but not limited
to, pleadings, discovery, and motions, shall be conducted under
the rules of family court, the rules of civil procedure, and
chapter 518.
(f) Pursuant to a contested administrative hearing, the
administrative law judge shall make findings of fact,
conclusions, and a final decision and issue an order. Orders
issued by an administrative law judge may be enforceable by the
contempt powers of the district courts.
(g) At the time the matter is scheduled for a contested
hearing, the public authority shall file in the district court
copies of all relevant documents sent to or received from the
parties, in addition to the documents filed under subdivision 2,
paragraph (e). For matters scheduled for a contested hearing
which were not initiated under subdivision 2, the public
authority shall obtain any income information available to the
public authority through the department of economic security and
serve this information on all parties and file the information
with the court at least five days prior to the hearing.
(h) The decision and order of the administrative law judge
is appealable to the court of appeals in the same manner as a
decision of the district court.
Sec. 5. Minnesota Statutes 1994, section 518.5511,
subdivision 5, is amended to read:
Subd. 5. [NONATTORNEY AUTHORITY.] Nonattorney employees of
the public authority responsible for child support may prepare,
sign, serve, and file complaints, motions, notices, summary
orders notices, proposed orders, default orders, and consent
orders for obtaining, modifying, or enforcing child and medical
support orders, orders establishing paternity, and related
documents, and orders to modify maintenance if combined with a
child support order. The nonattorney may also conduct
prehearing conferences, and participate in proceedings before an
administrative law judge. This activity shall not be considered
to be the unauthorized practice of law. Nonattorney employees
may not represent the interests of any party other than the
public authority, and may not give legal advice to any party.
Sec. 6. Minnesota Statutes 1994, section 518.5511,
subdivision 7, is amended to read:
Subd. 7. [PUBLIC AUTHORITY LEGAL ADVISOR.] At all stages
of the administrative process prior to the contested hearing,
the county attorney, or other attorney under contract, shall act
as the legal advisor for the public authority, but shall not
play an active role in the review of information and, the
preparation of default and consent orders, and the contested
hearings unless the nonattorney employee of the public authority
requests the appearance of the county attorney.
Sec. 7. Minnesota Statutes 1994, section 518.5511,
subdivision 9, is amended to read:
Subd. 9. [TRAINING AND RESTRUCTURING.] (a) The
commissioner of human services, in consultation with the office
of administrative hearings, shall be responsible for the
supervision of the administrative process. The commissioner of
human services shall provide training to child support officers
and other employees of the public authority persons involved in
the administrative process. The commissioner of human services
shall prepare simple and easy to understand forms for all
notices and orders prescribed in this subdivision section, and
the public authority shall use them.
(b) The office of administrative hearings shall be
responsible for training and monitoring the performance of
administrative law judges, maintaining records of proceedings,
providing transcripts upon request, and maintaining the
integrity of the district court file.
Sec. 8. [518.5512] [ADMINISTRATIVE PROCEDURES FOR CHILD
AND MEDICAL SUPPORT ORDERS AND PARENTAGE ORDERS.]
Subdivision 1. [GENERAL.] The provisions of this section
apply to actions conducted in the administrative process
pursuant to section 518.5511.
Subd. 2. [PATERNITY.] (a) A nonattorney employee of the
public authority may request an administrative law judge or the
district court to order the child, mother, or alleged father to
submit to blood or genetic tests. The order is effective when
signed by an administrative law judge or the district court.
Failure to comply with the order for blood or genetic tests may
result in a default determination of parentage.
(b) If parentage is contested at the administrative
hearing, the administrative law judge may order temporary child
support under section 257.62, subdivision 5, and shall refer the
case to the district court.
(c) The district court may appoint counsel for an indigent
alleged father only after the return of the blood or genetic
test results from the testing laboratory.
Subd. 3. [COST-OF-LIVING ADJUSTMENT.] The notice of
application for adjustment shall be treated as a proposed order
under section 518.5511, subdivision 2, paragraph (c). The
public authority shall stay the adjustment of support upon
receipt of a request for an administrative conference. An
obligor requesting an administrative conference shall provide
all relevant information that establishes an insufficient
increase in income to justify the adjustment of the support
obligation. If the obligor fails to submit any evidence at the
administrative conference, the cost-of-living adjustment will
immediately go into effect.
ARTICLE 6
APPROPRIATIONS
Section 1. [APPROPRIATIONS.]
Subdivision 1. [CHILD SUPPORT OBLIGOR COMMUNITY SERVICE
WORK EXPERIENCE PROGRAM.] $119,000 is appropriated from the
general fund to the commissioner of human services to fund the
child support obligor community service work experience program
in article 1, section 15, to be available for the fiscal year
beginning July 1, 1996.
Subd. 2. [MOTOR VEHICLE CERTIFICATES OF TITLE AND LICENSE
SUSPENSION.] $50,000 is appropriated from the general fund to
the commissioner of human services, for transfer to the
commissioner of public safety to fund the necessary changes to
the existing computer system to allow for memorialization of
liens on motor vehicle certificates of title and to allow for
suspension of drivers' licenses, to be available for the fiscal
year beginning July 1, 1995.
Subd. 3. [SUSPENSION OF DRIVERS' LICENSES.] $24,000 is
appropriated from the general fund to the commissioner of human
services to allow the commissioner to seek the suspension of
drivers' licenses under Minnesota Statutes, section 518.551,
subdivision 13, to be available for the fiscal year beginning
July 1, 1996.
Subd. 4. [WORK REPORTING SYSTEM.] $350,000 is appropriated
from the general fund to the commissioner of human services to
allow the commissioner to implement the work reporting system
under article 1, section 16, to be available for the fiscal year
beginning July 1, 1996.
Subd. 5. [PUBLIC EDUCATION.] $150,000 is appropriated from
the general fund to the commissioner of human services for
continuance of the child support public education campaign;
$75,000 is available for the fiscal year beginning July 1, 1995;
and $75,000 is available for the fiscal year beginning July 1,
1996. Any unencumbered balance remaining in the first year does
not cancel and is available for the second year of the biennium.
Subd. 6. [COOPERATION FOR THE CHILDREN PROGRAM.] $100,000
is appropriated from the general fund to the commissioner of
human services for purposes of developing and implementing the
cooperation for the children program under article 1, section
14, and for the purpose of providing the requested funding to
the office of administrative hearings to develop and implement
the cooperation for the children program, to be available for
the fiscal year beginning July 1, 1996.
Subd. 7. [MN ENABL.] (a) $362,000 is appropriated from the
general fund to the commissioner of health for purposes of
developing and implementing the MN ENABL program in article 4,
section 1; $181,000 is available for the fiscal year beginning
July 1, 1995; and $181,000 is available for the fiscal year
beginning July 1, 1996.
(b) $128,000 is appropriated from the state government
special revenue fund to the commissioner of health for the MN
ENABL program; $64,000 is available for the fiscal year
beginning July 1, 1995; and $64,000 is available for the fiscal
year beginning July 1, 1996.
(c) Any unencumbered balance remaining in the first year
under this subdivision does not cancel and is available for the
second year of the biennium.
Subd. 8. [MOTOR VEHICLE LIENS.] $24,000 is appropriated
from the general fund to the commissioner of human services to
allow the commissioner to memorialize liens on motor vehicle
certificates of title under Minnesota Statutes, section 518.551,
subdivision 14, to be available for the fiscal year beginning
July 1, 1996.
Subd. 9. [OCCUPATIONAL LICENSE SUSPENSION.] $10,000 is
appropriated from the general fund to the commissioner of human
services to implement the occupational license suspension
procedures under Minnesota Statutes, section 518.551,
subdivision 12, to be available for the fiscal year beginning
July 1, 1996.
Subd. 10. [CHILD SUPPORT PAYMENT CENTER.] $358,000 is
appropriated from the general fund to the commissioner of human
services to create and maintain the child support payment center
under Minnesota Statutes, section 518.5851; $24,000 is available
for the fiscal year beginning July 1, 1995; and $334,000 is
available for the fiscal year beginning July 1, 1996.
Subd. 11. [PUBLICATION OF NAMES.] $275,000 is appropriated
from the general fund to the commissioner of human services to
publish the names of delinquent child support obligors under
Minnesota Statutes, section 518.575, to be available for the
fiscal year beginning July 1, 1996.
Subd. 12. [ADMINISTRATIVE PROCESS.] $1,150,000 is
appropriated from the general fund to the commissioner of human
services to develop and implement the contested administrative
process under Minnesota Statutes, section 518.5511, to be
available for the fiscal year beginning July 1, 1996.
Subd. 13. [WAIVERS.] $288,000 is appropriated from the
general fund to the commissioner of human services to seek the
waivers required by this legislation; $148,000 is available for
the fiscal year beginning July 1, 1995; and $140,000 is
available for the fiscal year beginning July 1, 1996.
Subd. 14. [VISITATION STUDY AND EDUCATION.] (a) $90,000 is
appropriated from the general fund to the commissioner of human
services to contract with the supreme court to conduct the study
under article 1, section 33, to be available until June 30, 1997.
(b) $10,000 is appropriated from the general fund to the
commissioner of human services to contract with the attorney
general for purposes of educating and training prosecutors and
law enforcement officers on enforcement of laws relating to
child support, visitation, and custody, to be available until
June 30, 1997.
Subd. 15. [CHILDREN'S VISITATION CENTERS.] $192,000 is
appropriated from the state government special revenue fund to
the commissioner of human services for supervised visitation
facilities under Minnesota Statutes, section 256F.09; $96,000 is
available for the fiscal year beginning July 1, 1995; and
$96,000 is available for the fiscal year beginning July 1, 1996.
Any unencumbered balance remaining in the first year does
not cancel and is available for the second year of the biennium.
Presented to the governor May 30, 1995
Signed by the governor June 1, 1995, 11:18 a.m.
Official Publication of the State of Minnesota
Revisor of Statutes