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1999 Minnesota Session Laws

Key: (1) language to be deleted (2) new language

                             CHAPTER 196-S.F.No. 23 
                  An act relating to family law; repealing the 
                  administrative process for support orders; 
                  establishing a child support magistrate system; 
                  authorizing child support and visitation review 
                  hearings; amending Minnesota Statutes 1998, sections 
                  13B.06, subdivision 1; 168A.20, subdivision 4; 
                  171.186, subdivisions 1 and 3; 214.101, subdivisions 1 
                  and 4; 357.021, subdivision 1a; 484.70, subdivision 1; 
                  484.72, by adding a subdivision; 518.171, subdivision 
                  4; 518.54, by adding a subdivision; 518.551, 
                  subdivisions 9, 12, 13, and 14; 518.553; 518.575, 
                  subdivision 1; 518.5853, subdivision 6; 518.6111, 
                  subdivisions 2, 7, 8, and 14; 518.616, subdivision 1; 
                  518.617, subdivision 1; 518.641, subdivision 2; and 
                  552.05, subdivisions 4, 5, and 10; Laws 1998, chapter 
                  338, section 8; proposing coding for new law in 
                  Minnesota Statutes, chapters 484; and 518; repealing 
                  Minnesota Statutes 1998, sections 518.5511; and 
                  518.5512. 
        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
                                   ARTICLE 1
            EXPEDITED ADMINISTRATIVE PROCEDURES AND JUDICIAL PROCESS 
           Section 1.  Minnesota Statutes 1998, section 484.70, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [APPOINTMENT.] The chief judge of the 
        judicial district may appoint one or more suitable persons to 
        act as referees.  Referees shall hold office at the pleasure of 
        the judges of the district court and shall be learned in the 
        law, except that persons holding the office of referee on 
        January 1, 1983, may continue to serve under the terms and 
        conditions of their appointment.  All referees are subject to 
        the administrative authority and assignment power of the chief 
        judge of the district as provided in section 484.69, subdivision 
        3, and are not limited to assignment to family, probate, 
        juvenile or special term court.  Part time referees holding 
        office in the second judicial district pursuant to this 
        subdivision shall cease to hold office on July 31, 1984.  
           Sec. 2.  [484.702] [EXPEDITED CHILD SUPPORT HEARING 
        PROCESS.] 
           Subdivision 1.  [CREATION; SCOPE.] (a) The supreme court 
        shall create an expedited child support hearing process to 
        establish, modify, and enforce child support; and enforce 
        maintenance, if combined with child support.  The process must 
        be designed to handle child support and paternity matters in 
        compliance with federal law. 
           (b) All proceedings establishing, modifying, or enforcing 
        support orders; and enforcing maintenance orders, if combined 
        with a support proceeding, must be conducted in the expedited 
        process if the case is a IV-D case.  Cases that are not IV-D 
        cases may not be conducted in the expedited process. 
           (c) This section does not prevent a party, upon timely 
        notice to the public authority, from commencing an action or 
        bringing a motion in district court for the establishment, 
        modification, or enforcement of support, or enforcement of 
        maintenance orders if combined with a support proceeding, where 
        additional issues involving domestic abuse, establishment or 
        modification of custody or visitation, or property issues exist 
        as noticed by the complaint, motion, counter motion, or counter 
        action. 
           (d) At the option of the county, the expedited process may 
        include contempt actions or actions to establish parentage. 
           (e) The expedited process should meet the following goals: 
           (1) be streamlined and uniform statewide and result in 
        timely and consistent issuance of orders; 
           (2) be accessible to the parties without the need for an 
        attorney and minimize litigation; 
           (3) be a cost-effective use of limited financial resources; 
        and 
           (4) comply with applicable federal law. 
           (f) For purposes of this section, "IV-D case" has the 
        meaning given in section 518.54. 
           Subd. 2.  [ADMINISTRATION.] (a) The state court 
        administrator shall provide for the administration of the 
        expedited child support hearing process in each judicial 
        district. 
           (b) Until June 30, 2000, the office of administrative 
        hearings and the state court administrator may enter into 
        contracts to provide one or more administrative law judges to 
        serve as child support magistrates and for administrative and 
        case management support.  The title to all personal property 
        used in the administrative child support process mutually agreed 
        upon by the office of administrative hearings and the office of 
        the state court administrator must be transferred to the state 
        court administrator for use in the expedited child support 
        process. 
           Subd. 3.  [APPOINTMENT OF CHILD SUPPORT MAGISTRATES.] The 
        chief judge of each judicial district may appoint one or more 
        suitable persons to act as child support magistrates for the 
        expedited child support hearing process, with the confirmation 
        of the supreme court.  A child support magistrate appointed to 
        serve in the expedited child support process, whether hired on a 
        full-time, part-time, or contract basis, is a judicial officer 
        under section 43A.02, subdivision 25, and is an employee of the 
        state under section 3.732 for purposes of section 3.736 only. 
           Subd. 4.  [TRAINING AND QUALIFICATIONS OF CHILD SUPPORT 
        MAGISTRATES.] The supreme court may: 
           (1) provide training for individuals who serve as child 
        support magistrates for the expedited child support hearing 
        process; 
           (2) establish minimum qualifications for child support 
        magistrates; and 
           (3) establish a policy for evaluating and removing child 
        support magistrates. 
           Subd. 5.  [RULES.] The supreme court, in consultation with 
        the conference of chief judges, shall adopt rules to implement 
        the expedited child support hearing process under this section. 
           Sec. 3.  Minnesota Statutes 1998, section 484.72, is 
        amended by adding a subdivision to read: 
           Subd. 6.  [EXPEDITED CHILD SUPPORT PROCESS.] 
        Notwithstanding subdivisions 1 and 4, hearings and proceedings 
        conducted in the expedited child support process under section 
        484.702 may be reported by use of electronic recording equipment 
        provided that the equipment meets the minimum standards 
        promulgated by the state court administrator.  Electronic 
        recording equipment must be operated and monitored by a person 
        who meets the minimum qualifications promulgated by the state 
        court administrator. 
           Sec. 4.  [518.178] [VISITATION AND SUPPORT REVIEW HEARING.] 
           Upon motion of either party, the court shall conduct a 
        hearing to review compliance with the visitation and child 
        support provisions set forth in a decree of dissolution or legal 
        separation or an order that establishes child custody, 
        visitation, and support rights and obligations of parents.  The 
        state court administrator shall prepare, and each court 
        administrator shall make available, simplified pro se forms for 
        reviewing visitation and child support disputes.  The court may 
        impose any visitation enforcement remedy available under 
        sections 518.175 and 518.1751, and any support enforcement 
        remedy available under section 518.551. 
           Sec. 5.  Minnesota Statutes 1998, section 518.54, is 
        amended by adding a subdivision to read: 
           Subd. 14.  [IV-D CASE.] "IV-D case" means a case where a 
        party has assigned to the state rights to child support because 
        of the receipt of public assistance as defined in section 
        256.741 or has applied for child support services under title 
        IV-D of the Social Security Act, United States Code, title 42, 
        section 654(4). 
           Sec. 6.  Minnesota Statutes 1998, section 518.551, 
        subdivision 9, is amended to read: 
           Subd. 9.  [ASSIGNMENT OF RIGHTS; JUDGMENT.] (a) The public 
        agency responsible for child support enforcement is joined as a 
        party in each case in which rights are assigned under section 
        256.741, subdivision 2.  The court administrator shall enter and 
        docket a judgment obtained by operation of law under section 
        548.091, subdivision 1, in the name of the public agency to the 
        extent that the obligation has been assigned.  When arrearages 
        are reduced to judgment under circumstances in which section 
        548.091 is not applicable, the court shall grant judgment in 
        favor of, and in the name of, the public agency to the extent 
        that the arrearages are assigned.  After filing notice of an 
        assignment with the court administrator, who shall enter the 
        notice in the docket, the public agency may enforce a judgment 
        entered before the assignment of rights as if the judgment were 
        granted to it, and in its name, to the extent that the 
        arrearages in that judgment are assigned. 
           (b) The public authority is a real party in interest in any 
        IV-D case where there has been an assignment of support.  In all 
        other IV-D cases, the public authority has a pecuniary interest, 
        as well as an interest in the welfare of the children involved 
        in those cases.  The public authority may intervene as a matter 
        of right in those cases to assure that child support orders are 
        obtained and enforced which provide for an appropriate and 
        accurate level of child, medical, and child care support.  If 
        the public authority participates in a IV-D case where the 
        action taken by the public authority requires the use of an 
        attorney's services, the public authority shall be represented 
        by an attorney consistent with the provisions in section 518.255.
           Sec. 7.  [518.5513] [PUBLIC AUTHORITY PROCEDURES FOR CHILD 
        AND MEDICAL SUPPORT ORDERS AND PARENTAGE ORDERS.] 
           Subdivision 1.  [GENERAL.] The public authority may use the 
        provisions of this section in cases in which support rights are 
        assigned under section 256.741, subdivision 2, or where the 
        public authority is providing services under an application for 
        child support services. 
           Subd. 2.  [ROLE OF NONATTORNEY EMPLOYEES; GENERAL 
        PROVISIONS.] (a) The county attorney shall review and approve as 
        to form and content all pleadings and other legal documents 
        prepared by nonattorney employees of the county agency for use 
        in the expedited child support process. 
           (b) Under the direction of, and in consultation with, the 
        county attorney, nonattorney employees of the county agency 
        shall have authority to perform the following legal duties: 
           (1) meet and confer with parties by mail, telephone, 
        electronic, or other means regarding legal issues; 
           (2) explain to parties the purpose, procedure, and function 
        of the expedited child support process and the role and 
        authority of nonattorney employees of the county agency 
        regarding legal issues; 
           (3) prepare pleadings, including, but not limited to, 
        summonses and complaints, notices, motions, subpoenas, orders to 
        show cause, proposed orders, administrative orders, and 
        stipulations and agreements; 
           (4) issue administrative subpoenas; 
           (5) prepare judicial notices; 
           (6) negotiate settlement agreements; 
           (7) attend and participate as a witness in hearings and 
        other proceedings and, if requested by the child support 
        magistrate, present evidence, agreements and stipulations of the 
        parties, and any other information deemed appropriate by the 
        magistrate; 
           (8) participate in such other activities and perform such 
        other duties as delegated by the county attorney; and 
           (9) exercise other powers and perform other duties as 
        permitted by statute or court rule. 
           (c) Nonattorney employees of the county agency may perform 
        the following duties without direction from the county attorney: 
           (1) gather information on behalf of the public authority; 
           (2) prepare financial worksheets; 
           (3) obtain income information from the department of 
        economic security and other sources; 
           (4) serve documents on parties; 
           (5) file documents with the court; 
           (6) meet and confer with parties by mail, telephone, 
        electronic, or other means regarding nonlegal issues; 
           (7) explain to parties the purpose, procedure, and function 
        of the expedited child support process and the role and 
        authority of nonattorney employees of the county agency 
        regarding nonlegal issues; and 
           (8) perform such other routine nonlegal duties as assigned. 
           (d) Performance of the duties prescribed in paragraphs (b) 
        and (c) by nonattorney employees of the county agency does not 
        constitute the unauthorized practice of law for purposes of 
        section 481.02. 
           Subd. 3.  [PREPARATION OF FINANCIAL WORKSHEET.] (a) In 
        cases involving establishment or modification of a child support 
        order, a nonattorney employee of the public authority shall 
        prepare a financial worksheet that contains: 
           (1) names and addresses of the parties; 
           (2) Social Security numbers of the parties; 
           (3) number of members in household of each party and 
        dependents of the parties; 
           (4) names and addresses of the parties' employers; 
           (5) net income of the parties as defined in section 
        518.551, subdivision 5, with the authorized deductions itemized; 
           (6) amounts and sources of any other earnings and income of 
        the parties; 
           (7) health insurance coverage of parties; and 
           (8) any other information relevant to the determination of 
        child or medical support under section 518.171 or 518.551, 
        subdivision 5. 
           (b) In preparing the financial worksheet, the nonattorney 
        employee of the public authority shall obtain any income 
        information available to the public authority from the 
        department of economic security and serve this information on 
        the parties.  The information must be filed with the court or 
        child support magistrate at least five days before any hearing 
        involving child support, medical support, or child care 
        reimbursement issues. 
           Subd. 4.  [NONCONTESTED MATTERS.] Under the direction of 
        the county attorney and based on agreement of the parties, 
        nonattorney employees may prepare a stipulation, findings of 
        fact, conclusions of law, and proposed order.  The documents 
        must be approved and signed by the county attorney as to form 
        and content before submission to the court or child support 
        magistrate for approval. 
           Subd. 5.  [ADMINISTRATIVE AUTHORITY.] (a) The public 
        authority may take the following actions relating to 
        establishment of paternity or to establishment, modification, or 
        enforcement of support orders, without the necessity of 
        obtaining an order from any judicial or administrative tribunal: 
           (1) recognize and enforce orders of child support agencies 
        of other states; 
           (2) upon request for genetic testing by a child, parent, or 
        any alleged parent, and using the procedure in paragraph (b), 
        order the child, parent, or alleged parent to submit to blood or 
        genetic testing for the purpose of establishing paternity; 
           (3) subpoena financial or other information needed to 
        establish, modify, or enforce a child support order and request 
        sanctions for failure to respond to a subpoena; 
           (4) upon notice to the obligor, obligee, and the 
        appropriate court, direct the obligor or other payor to change 
        the payee to the central collections unit under sections 
        518.5851 to 518.5853; 
           (5) order income withholding of child support under section 
        518.6111; 
           (6) secure assets to satisfy the debt or arrearage in cases 
        in which there is a support debt or arrearage by: 
           (i) intercepting or seizing periodic or lump sum payments 
        from state or local agencies, including reemployment insurance, 
        workers' compensation payments, judgments, settlements, 
        lotteries, and other lump sum payments; 
           (ii) attaching and seizing assets of the obligor held in 
        financial institutions or public or private retirement funds; 
        and 
           (iii) imposing liens in accordance with section 548.091 
        and, in appropriate cases, forcing the sale of property and the 
        distribution of proceeds; 
           (7) for the purpose of securing overdue support, increase 
        the amount of the monthly support payments by an additional 
        amount equal to 20 percent of the monthly support payment to 
        include amounts for debts or arrearages; and 
           (8) subpoena an employer or payor of funds to provide 
        promptly information on the employment, compensation, and 
        benefits of an individual employed by that employer as an 
        employee or contractor, and to request sanctions for failure to 
        respond to the subpoena as provided by law. 
           (b) A request for genetic testing by a child, parent, or 
        alleged parent must be support by a sworn statement by the 
        person requesting genetic testing alleging paternity, which sets 
        forth facts establishing a reasonable possibility of the 
        requisite sexual contact between the parties, or denying 
        paternity, and setting forth facts establishing a reasonable 
        possibility of the nonexistence of sexual contact between the 
        alleged parties.  The order for genetic tests may be served 
        anywhere within the state and served outside the state in the 
        same manner as prescribed by law for service of subpoenas issued 
        by the district court of this state.  If the child, parent, or 
        alleged parent fails to comply with the genetic testing order, 
        the public authority may seek to enforce that order in district 
        court through a motion to compel testing.  No results obtained 
        through genetic testing done in response to an order issued 
        under this section may be used in any criminal proceeding. 
           (c) Subpoenas may be served anywhere within the state and 
        served outside the state in the same manner as prescribed by law 
        for service of process of subpoenas issued by the district court 
        of this state.  When a subpoena under this subdivision is served 
        on a third-party recordkeeper, written notice of the subpoena 
        shall be mailed to the person who is the subject of the 
        subpoenaed material at the person's last known address within 
        three days of the day the subpoena is served.  This notice 
        provision does not apply if there is reasonable cause to believe 
        the giving of the notice may lead to interference with the 
        production of the subpoenaed documents. 
           (d) A person served with a subpoena may make a written 
        objection to the public authority or court before the time 
        specified in the subpoena for compliance.  The public authority 
        or the court shall cancel or modify the subpoena, if 
        appropriate.  The public authority shall pay the reasonable 
        costs of producing the documents, if requested. 
           (e) Subpoenas are enforceable in the same manner as 
        subpoenas of the district court.  Upon motion of the county 
        attorney, the court may issue an order directing the production 
        of the records.  Failure to comply with the court order may 
        subject the person who fails to comply to civil or criminal 
        contempt of court. 
           (f) The administrative actions under this subdivision are 
        subject to due process safeguards, including requirements for 
        notice, opportunity to contest the action, and opportunity to 
        appeal the order to the judge, judicial officer, or child 
        support magistrate. 
           Subd. 6.  [SHARING OF INFORMATION.] The public authority 
        may share available and relevant information on the parties in 
        order to perform its duties under this section or under supreme 
        court rules governing the expedited child support hearing 
        process under section 484.702, subject to the limitations of 
        sections 256.87, subdivision 8; 257.70; and 518.005, subdivision 
        5. 
           Sec. 8.  Minnesota Statutes 1998, section 552.05, 
        subdivision 10, is amended to read: 
           Subd. 10.  [FORMS.] The commissioner of human services 
        shall supreme court is requested to develop statutory forms for 
        use as required under this chapter.  In developing these forms, 
        the commissioner shall consult with the attorney general, 
        representatives of financial institutions, and legal services.  
        The commissioner shall report back to the legislature by 
        February 1, 1998, with recommended forms to be included in this 
        chapter. 
           Sec. 9.  [TRANSITIONAL PROVISIONS.] 
           Judicial districts are encouraged to utilize the existing 
        expertise of child support administrative law judges in 
        appointing child support magistrates under section 2 in order to 
        facilitate the transfer of these functions to the judicial 
        branch. 
           Sec. 10.  Laws 1998, chapter 338, section 8, is amended to 
        read: 
           Sec. 8.  [EVALUATION AND RECOMMENDATIONS.] 
           The supreme court, in consultation with the commissioner of 
        human services, in consultation with and the commissioner's 
        advisory committee for child support enforcement, shall evaluate 
        the extent to which the administrative process has met the 
        legislative mandate to develop and implement an administrative 
        process that is simple, streamlined, informal, uniform 
        throughout the state, and accessible to parties without 
        counsel expedited process.  Notwithstanding Minnesota Statutes, 
        section 13.46, the supreme court has access to private data on 
        parties to the expedited process for purposes of doing this 
        evaluation.  The evaluation shall determine the extent to which 
        the expedited process meets the goals set forth in Minnesota 
        Statutes, section 484.702, and the level of satisfaction with 
        the expedited process reported by parents who have participated 
        in the process.  Results shall be reported, to the extent 
        possible, statewide and by judicial district.  The commissioner 
        shall legislature requests that the supreme court present 
        recommendations for further progress towards these mandates the 
        legislative goals.  The evaluation and recommendations shall 
        should be presented to the legislature by December 15, 1999 2000.
                                   ARTICLE 2 
                         ADMINISTRATIVE PROCESS REPEAL
           Section 1.  Minnesota Statutes 1998, section 13B.06, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [DEFINITIONS.] The definitions in this 
        subdivision apply to this section. 
           (a) "Account" means a demand deposit account, checking or 
        negotiable withdraw order account, savings account, time deposit 
        account, or money market mutual fund. 
           (b) "Account information" means the type of account, the 
        account number, whether the account is singly or jointly owned, 
        and in the case of jointly owned accounts the name and address 
        of the nonobligor account owner if available. 
           (c) "Financial institution" means any of the following that 
        do business within the state: 
           (1) federal or state commercial banks and federal or state 
        savings banks, including savings and loan associations and 
        cooperative banks; 
           (2) federal and state chartered credit unions; 
           (3) benefit associations; 
           (4) life insurance companies; 
           (5) safe deposit companies; and 
           (6) money market mutual funds. 
           (d) "Obligor" means an individual who 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 a child support magistrate, or the 
        public authority.  
           (e) "Public authority" means the public authority 
        responsible for child support enforcement. 
           Sec. 2.  Minnesota Statutes 1998, section 168A.20, 
        subdivision 4, is amended 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 a child support magistrate, 
        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. 3.  Minnesota Statutes 1998, section 171.186, 
        subdivision 1, is amended to read: 
           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 a 
        child support magistrate, or the public authority responsible 
        for child support enforcement, in accordance with section 
        518.551, subdivision 13. 
           Sec. 4.  Minnesota Statutes 1998, section 171.186, 
        subdivision 3, is amended to read: 
           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 a 
        child support magistrate, 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. 5.  Minnesota Statutes 1998, 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 a child support magistrate or a 
        notice from a public authority responsible for child support 
        enforcement under section 518.551, subdivision 12, dealing with 
        suspension of a license of a person found by the court or the 
        public authority to be in arrears in child support or 
        maintenance payments, or both, the board shall, within 30 days 
        of receipt of the order or public authority notice, suspend the 
        license as directed by the order or notice. 
           Sec. 6.  Minnesota Statutes 1998, section 214.101, 
        subdivision 4, is amended to read: 
           Subd. 4.  [VERIFICATION OF PAYMENTS.] A board may not 
        issue, reinstate, or renew a license of a person who has been 
        suspended or is the subject of an order or notice under this 
        section until it receives notification from the court, 
        administrative law judge child support magistrate, or public 
        authority that referred the matter to the board confirming that 
        the applicant is not in arrears in either child support or 
        maintenance payments, or confirming that the person is in 
        compliance with a written payment plan regarding both current 
        support and arrearages. 
           Sec. 7.  Minnesota Statutes 1998, section 357.021, 
        subdivision 1a, is amended to read: 
           Subd. 1a.  [TRANSMITTAL OF FEES TO STATE TREASURER.] (a) 
        Every person, including the state of Minnesota and all bodies 
        politic and corporate, who shall transact any business in the 
        district court, shall pay to the court administrator of said 
        court the sundry fees prescribed in subdivision 2.  Except as 
        provided in paragraph (d), the court administrator shall 
        transmit the fees monthly to the state treasurer for deposit in 
        the state treasury and credit to the general fund.  
           (b) In a county which has a screener-collector position, 
        fees paid by a county pursuant to this subdivision shall be 
        transmitted monthly to the county treasurer, who shall apply the 
        fees first to reimburse the county for the amount of the salary 
        paid for the screener-collector position.  The balance of the 
        fees collected shall then be forwarded to the state treasurer 
        for deposit in the state treasury and credited to the general 
        fund.  In a county in the eighth judicial district which has a 
        screener-collector position, the fees paid by a county shall be 
        transmitted monthly to the state treasurer for deposit in the 
        state treasury and credited to the general fund.  A 
        screener-collector position for purposes of this paragraph is an 
        employee whose function is to increase the collection of fines 
        and to review the incomes of potential clients of the public 
        defender, in order to verify eligibility for that service. 
           (c) No fee is required under this section from the public 
        authority or the party the public authority represents in an 
        action for: 
           (1) child support enforcement or modification, medical 
        assistance enforcement, or establishment of parentage in the 
        district court, or child or medical support enforcement 
        conducted by an administrative law judge in an administrative 
        hearing under section 518.5511, or in a proceeding under section 
        484.702; 
           (2) civil commitment under chapter 253B; 
           (3) the appointment of a public conservator or public 
        guardian or any other action under chapters 252A and 525; 
           (4) wrongfully obtaining public assistance under section 
        256.98 or 256D.07, or recovery of overpayments of public 
        assistance; 
           (5) court relief under chapter 260; 
           (6) forfeiture of property under sections 169.1217 and 
        609.531 to 609.5317; 
           (7) recovery of amounts issued by political subdivisions or 
        public institutions under sections 246.52, 252.27, 256.045, 
        256.25, 256.87, 256B.042, 256B.14, 256B.15, 256B.37, and 
        260.251, or other sections referring to other forms of public 
        assistance; 
           (8) restitution under section 611A.04; or 
           (9) actions seeking monetary relief in favor of the state 
        pursuant to section 16D.14, subdivision 5. 
           (d) The fees collected for child support modifications 
        under subdivision 2, clause (13), must be transmitted to the 
        county treasurer for deposit in the county general fund.  The 
        fees must be used by the county to pay for child support 
        enforcement efforts by county attorneys. 
           Sec. 8.  Minnesota Statutes 1998, section 518.171, 
        subdivision 4, is amended to read: 
           Subd. 4.  [EFFECT OF ORDER.] (a) The order is binding on 
        the employer or union and the health and dental insurance plan 
        when service under subdivision 3 has been made.  In the case of 
        an obligor who changes employment and is required to provide 
        health coverage for the child, a new employer that provides 
        health care coverage shall enroll the child in the obligor's 
        health plan upon receipt of an order or notice for health 
        insurance, unless the obligor contests the enrollment.  The 
        obligor may contest the enrollment on the limited grounds that 
        the enrollment is improper due to mistake of fact or that the 
        enrollment meets the requirements of section 518.64, subdivision 
        2.  If the obligor chooses to contest the enrollment, the 
        obligor must do so no later than 15 days after the employer 
        notifies the obligor of the enrollment, by doing all of the 
        following: 
           (1) filing a request for contested hearing according to 
        section 518.5511, subdivision 3a 484.702; 
           (2) serving a copy of the request for contested hearing 
        upon the public authority and the obligee; and 
           (3) securing a date for the contested hearing no later than 
        45 days after the notice of enrollment. 
           (b) The enrollment must remain in place during the time 
        period in which the obligor contests the withholding. 
        An employer or union that is included under ERISA may not deny 
        enrollment based on exclusionary clauses described in section 
        62A.048.  Upon application of the obligor according to the order 
        or notice, the employer or union and its health and dental 
        insurance plan shall enroll the minor child as a beneficiary in 
        the group insurance plan and withhold any required premium from 
        the obligor's income or wages.  If more than one plan is offered 
        by the employer or union, the child shall be enrolled in the 
        least costly health insurance plan otherwise available to the 
        obligor that is comparable to a number two qualified plan.  If 
        the obligor is not enrolled in a health insurance plan, the 
        employer or union shall also enroll the obligor in the chosen 
        plan if enrollment of the obligor is necessary in order to 
        obtain dependent coverage under the plan.  Enrollment of 
        dependents and the obligor shall be immediate and not dependent 
        upon open enrollment periods.  Enrollment is not subject to the 
        underwriting policies described in section 62A.048.  
           (c) An employer or union that willfully fails to comply 
        with the order is liable for any health or dental expenses 
        incurred by the dependents during the period of time the 
        dependents were eligible to be enrolled in the insurance 
        program, and for any other premium costs incurred because the 
        employer or union willfully failed to comply with the order.  An 
        employer or union that fails to comply with the order is subject 
        to contempt under section 518.615 and is also subject to a fine 
        of $500 to be paid to the obligee or public authority.  Fines 
        paid to the public authority are designated for child support 
        enforcement services. 
           (d) Failure of the obligor to execute any documents 
        necessary to enroll the dependent in the group health and dental 
        insurance plan will not affect the obligation of the employer or 
        union and group health and dental insurance plan to enroll the 
        dependent in a plan.  Information and authorization provided by 
        the public authority responsible for child support enforcement, 
        or by the custodial parent or guardian, is valid for the 
        purposes of meeting enrollment requirements of the health plan.  
        The insurance coverage for a child eligible under subdivision 5 
        shall not be terminated except as authorized in subdivision 5. 
           Sec. 9.  Minnesota Statutes 1998, section 518.551, 
        subdivision 12, is amended to read: 
           Subd. 12.  [OCCUPATIONAL LICENSE SUSPENSION.] (a) Upon 
        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, county, or municipal 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, a child support magistrate, or the 
        public authority, the administrative law judge, or the court 
        shall direct the licensing board or other licensing agency to 
        suspend the license under section 214.101.  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 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 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, county, 
        or municipal 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, a child 
        support magistrate, or the public authority, the court, an 
        administrative law judge, or the public authority shall direct 
        the licensing board or other licensing agency to suspend the 
        license under section 214.101.  If the obligor is a licensed 
        attorney, the public 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 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 or a hearing 
        under section 484.702 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 public 
        authority within 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, a child support magistrate, 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, a child support magistrate, or the 
        public authority, the court, an administrative law judge, a 
        child support magistrate, 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. 
           (f) In addition to the criteria established under this 
        section for the suspension of an obligor's occupational license, 
        a court, an administrative law judge, a child support 
        magistrate, or the public authority may direct the licensing 
        board or other licensing agency to suspend the license of a 
        party who has failed, after receiving notice, to comply with a 
        subpoena relating to a paternity or child support proceeding.  
        Notice to an obligor of intent to suspend must be served by 
        first class mail at the obligor's last known address.  The 
        notice must inform the obligor of the right to request a 
        hearing.  If the obligor makes a written request within ten days 
        of the date of the hearing, a contested administrative 
        proceeding hearing must be held under section 518.5511, 
        subdivision 4.  At the hearing, the only issues to be considered 
        are mistake of fact and whether the obligor received the 
        subpoena. 
           (g) The license of an obligor who fails to remain in 
        compliance with an approved payment agreement may be suspended.  
        Notice to the obligor of an intent to suspend under this 
        paragraph must be served by first class mail at the obligor's 
        last known address and must include a notice of hearing.  The 
        notice must be served upon the obligor not less than ten days 
        before the date of the hearing.  If the obligor appears at the 
        hearing and the judge determines that the obligor has failed to 
        comply with an approved payment agreement, the judge shall 
        notify the occupational licensing board or agency to suspend the 
        obligor's license under paragraph (c).  If the obligor fails to 
        appear at the hearing, the public authority may notify the 
        occupational or licensing board to suspend the obligor's license 
        under paragraph (c). 
           Sec. 10.  Minnesota Statutes 1998, section 518.551, 
        subdivision 13, is amended 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, a child support 
        magistrate, 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, a child 
        support magistrate, 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 according 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 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 or child support 
        magistrate 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 child support 
        magistrate 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, a child support magistrate, or the 
        public authority. 
           (e) An obligor whose driver's license or operating 
        privileges are suspended may provide proof to 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 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. 
           (g) In addition to the criteria established under this 
        section for the suspension of an obligor's driver's license, a 
        court, an administrative law judge, a child support magistrate, 
        or the public authority may direct the commissioner of public 
        safety to suspend the license of a party who has failed, after 
        receiving notice, to comply with a subpoena relating to a 
        paternity or child support proceeding.  Notice to an obligor of 
        intent to suspend must be served by first class mail at the 
        obligor's last known address.  The notice must inform the 
        obligor of the right to request a hearing.  If the obligor makes 
        a written request within ten days of the date of the hearing, 
        a contested administrative proceeding must be held under section 
        518.5511, subdivision 4 hearing must be held.  At the hearing, 
        the only issues to be considered are mistake of fact and whether 
        the obligor received the subpoena. 
           (h) The license of an obligor who fails to remain in 
        compliance with an approved payment agreement may be suspended.  
        Notice to the obligor of an intent to suspend under this 
        paragraph must be served by first class mail at the obligor's 
        last known address and must include a notice of hearing.  The 
        notice must be served upon the obligor not less than ten days 
        before the date of the hearing.  If the obligor appears at the 
        hearing and the judge determines that the obligor has failed to 
        comply with an approved payment agreement, the judge shall 
        notify the department of public safety to suspend the obligor's 
        license under paragraph (c).  If the obligor fails to appear at 
        the hearing, the public authority may notify the department of 
        public safety to suspend the obligor's license under paragraph 
        (c). 
           Sec. 11.  Minnesota Statutes 1998, section 518.551, 
        subdivision 14, is amended to read: 
           Subd. 14.  [MOTOR VEHICLE LIEN.] (a) Upon motion of an 
        obligee, if a court finds that 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, a child support 
        magistrate, or the public authority.  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 agreement shall 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 approved by the court, an 
        administrative law judge, a child support magistrate, or the 
        public authority within the 90-day period, the court's order 
        becomes effective and the commissioner of public safety shall 
        record the lien on any motor vehicle certificate of title 
        subsequently issued in the name of the obligor.  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 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, on any motor 
        vehicle certificate of title subsequently issued in the name of 
        the obligor 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, a child support magistrate, 
        or the public authority.  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 any motor 
        vehicle certificate of title subsequently issued in the name of 
        the obligor 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 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 
        or is not in compliance with a written payment agreement 
        regarding both current support and arrearages approved by the 
        public authority 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 child support magistrate 
        shall order the commissioner of public safety to record the lien 
        unless the court or administrative law judge child support 
        magistrate determines that 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, a child support 
        magistrate, or the public authority. 
           (e) An obligor 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 or that the value 
        of the motor vehicle is less than the exemption provided under 
        section 550.37.  Within 15 days of the receipt of that proof, 
        the court or public authority shall either 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 
        or shall direct the commissioner of public safety not to enter a 
        lien on any motor vehicle certificate of title subsequently 
        issued in the name of the obligor in instances where a lien has 
        not yet been entered.  
           (f) Any lien recorded against a motor vehicle certificate 
        of title under this section and section 168A.05, subdivision 8, 
        attaches only to the nonexempt value of the motor vehicle as 
        determined in accordance with section 550.37.  The value of a 
        motor vehicle must be determined in accordance with the retail 
        value described in the N.A.D.A. Official Used Car Guide, Midwest 
        Edition, for the current year, or in accordance with the 
        purchase price as defined in section 297B.01, subdivision 8. 
           Sec. 12.  Minnesota Statutes 1998, section 518.553, is 
        amended to read: 
           518.553 [PAYMENT AGREEMENTS.] 
           In proposing or approving proposed written payment 
        agreements for purposes of section 518.551, the court, an 
        administrative law judge a child support magistrate, 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.  The 
        court, administrative law judge child support magistrate, or 
        public authority shall consider the individual financial 
        circumstances of each obligor in evaluating the obligor's 
        ability to pay any proposed payment agreement and shall propose 
        a reasonable payment agreement tailored to the individual 
        financial circumstances of each obligor. 
           Sec. 13.  Minnesota Statutes 1998, section 518.575, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [MAKING NAMES PUBLIC.] At least once each 
        year, the commissioner of human services, in consultation with 
        the attorney general, shall publish a list of the names and 
        other identifying information of no more than 25 persons who (1) 
        are child support obligors, (2) are at least $10,000 in arrears, 
        (3) are not in compliance with a written payment agreement 
        regarding both current support and arrearages approved by the 
        court, an administrative law judge, a child support magistrate, 
        or the public authority, (4) cannot currently be located by the 
        public authority for the purposes of enforcing a support order, 
        and (5) have not made a support payment except tax intercept 
        payments, in the preceding 12 months. 
           Identifying information may include the obligor's name, 
        last known address, amount owed, date of birth, photograph, the 
        number of children for whom support is owed, and any additional 
        information about the obligor that would assist in identifying 
        or locating the obligor.  The commissioner and attorney general 
        may use posters, media presentations, electronic technology, and 
        other means that the commissioner and attorney general determine 
        are appropriate for dissemination of the information, including 
        publication on the Internet.  The commissioner and attorney 
        general may make any or all of the identifying information 
        regarding these persons public.  Information regarding an 
        obligor who meets the criteria in this subdivision will only be 
        made public subsequent to that person's selection by the 
        commissioner and attorney general. 
           Before making public 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 make public information on the obligor.  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, or by providing 
        information to the public authority that there is good cause not 
        to make the information public.  The notice must include the 
        final date when the payment or agreement can be accepted. 
           The department of human services shall obtain the written 
        consent of the obligee to make the name of the obligor public. 
           Sec. 14.  Minnesota Statutes 1998, section 518.5853, 
        subdivision 6, is amended to read: 
           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 child support magistrate 
        or other person or entity authorized to sign the automatic 
        withholding order. 
           Sec. 15.  Minnesota Statutes 1998, section 518.6111, 
        subdivision 2, is amended to read: 
           Subd. 2.  [APPLICATION.] This section applies to all 
        support orders issued by a court or an administrative tribunal 
        and orders for or notices of withholding issued by the public 
        authority according to section 518.5512, subdivision 5, 
        paragraph (a), clause (4) 518.5513, subdivision 6, paragraph 
        (a), clause (5). 
           Sec. 16.  Minnesota Statutes 1998, section 518.6111, 
        subdivision 7, is amended to read: 
           Subd. 7.  [SUBSEQUENT INCOME WITHHOLDING.] (a) This 
        subdivision applies to support orders that do not contain 
        provisions for income withholding. 
           (b) For cases in which the public authority is providing 
        child support enforcement services to the parties, the income 
        withholding under this subdivision shall take effect without 
        prior judicial notice to the obligor and without the need for 
        judicial or administrative hearing.  Withholding shall result 
        when: 
           (1) the obligor requests it in writing to the public 
        authority; 
           (2) the obligee or obligor 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; or 
           (3) the public authority commences withholding according to 
        section 518.5512, subdivision 5, paragraph (a), clause 
        (4) 518.5513, subdivision 6, paragraph (a), clause (5).  
           (c) For cases in which the public authority is not 
        providing child support services to the parties, income 
        withholding under this subdivision shall take effect when an 
        obligee requests it by making a written motion to the court and 
        the court finds that previous support has not been paid on a 
        timely consistent basis or that the obligor has threatened 
        expressly or otherwise to stop or reduce payments. 
           (d) Within two days after the public authority commences 
        withholding under this subdivision, the public authority shall 
        send to the obligor at the obligor's last known address, notice 
        that withholding has commenced.  The notice shall include the 
        information provided to the payor of funds in the notice of 
        withholding. 
           Sec. 17.  Minnesota Statutes 1998, section 518.6111, 
        subdivision 8, is amended to read: 
           Subd. 8.  [CONTEST.] (a) The obligor may contest 
        withholding under subdivision 7 on the limited grounds that the 
        withholding or the amount withheld is improper due to mistake of 
        fact.  If the obligor chooses to contest the withholding, the 
        obligor must do so no later than 15 days after the employer 
        commences withholding, by doing all of the following: 
           (1) file a request for contested hearing according to 
        section 518.5511, subdivision 3a an expedited child support 
        hearing under section 484.702, and include in the request the 
        alleged mistake of fact; 
           (2) serve a copy of the request for contested hearing upon 
        the public authority and the obligee; and 
           (3) secure a date for the contested hearing no later than 
        45 days after receiving notice that withholding has commenced. 
           (b) The income withholding must remain in place while the 
        obligor contests the withholding. 
           (c) If the court finds a mistake in the amount of the 
        arrearage to be withheld, the court shall continue the income 
        withholding, but it shall correct the amount of the arrearage to 
        be withheld. 
           Sec. 18.  Minnesota Statutes 1998, section 518.6111, 
        subdivision 14, is amended to read: 
           Subd. 14.  [TERMINATION BY THE PUBLIC AUTHORITY.] If the 
        public authority determines that income withholding is no longer 
        applicable, the public authority shall notify the obligee and 
        the obligor of intent to terminate income withholding. 
           Five days following notification to the obligee and 
        obligor, the public authority shall issue a notice to the payor 
        of funds terminating income withholding, without a requirement 
        for a court order unless the obligee has requested a contested 
        hearing under section 518.5511, subdivision 3a an expedited 
        child support hearing under section 484.702. 
           Sec. 19.  Minnesota Statutes 1998, section 518.616, 
        subdivision 1, is amended to read: 
           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 
        518.6111 or entered into a written payment plan approved by the 
        court, an administrative law judge, a child support magistrate, 
        or the public authority.  
           Sec. 20.  Minnesota Statutes 1998, section 518.617, 
        subdivision 1, is amended to read: 
           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 a child support magistrate, 
        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.  
           Sec. 21.  Minnesota Statutes 1998, section 518.641, 
        subdivision 2, is amended to read: 
           Subd. 2.  [CONDITIONS.] No adjustment under this section 
        may be made unless the order provides for it and until the 
        following conditions are met:  
           (a) the obligee serves notice of the application for 
        adjustment by mail on the obligor at the obligor's last known 
        address at least 20 days before the effective date of the 
        adjustment; 
           (b) the notice to the obligor informs the obligor of the 
        date on which the adjustment in payments will become effective; 
           (c) after receipt of notice and before the effective day of 
        the adjustment, the obligor fails to request a hearing on the 
        issue of whether the adjustment should take effect, and ex 
        parte, to stay imposition of the adjustment pending outcome of 
        the hearing; or 
           (d) the public authority sends notice of its application 
        for adjustment to the obligor at the obligor's last known 
        address at least 20 days before the effective date of the 
        adjustment, and the notice informs the obligor of the date on 
        which the adjustment will become effective and the procedures 
        for contesting the adjustment according to section 518.5512 
        484.702. 
           Sec. 22.  Minnesota Statutes 1998, section 552.05, 
        subdivision 4, is amended to read: 
           Subd. 4.  [PROCESS TO REQUEST HEARING.] If the judgment 
        debtor elects to request a hearing on any issue specified in 
        subdivision 6, the judgment debtor shall complete the applicable 
        portion of the exemption and right to hearing notice, sign it 
        under penalty of perjury, and deliver one copy to the public 
        authority within 14 days of the date postmarked on the 
        correspondence mailed to the judgment debtor containing the 
        exemption and right to hearing notice.  Upon timely receipt of a 
        request for hearing, funds not claimed to be exempt by the 
        judgment debtor remain subject to the execution levy.  Within 
        seven days after the date postmarked on the envelope containing 
        the executed request for hearing mailed to the public authority, 
        or the date of personal delivery of the executed request for 
        hearing to the public authority, the public authority shall 
        either notify the financial institution to release the exempt 
        portion of the funds to the judgment debtor or schedule a 
        contested administrative proceeding under section 518.5511 an 
        expedited child support hearing under section 484.702 and notify 
        the judgment debtor of the time and place of the scheduled 
        hearing. 
           Sec. 23.  Minnesota Statutes 1998, section 552.05, 
        subdivision 5, is amended to read: 
           Subd. 5.  [DUTIES OF PUBLIC AUTHORITY IF HEARING IS 
        REQUESTED.] Within seven days of the receipt of a request for 
        hearing or a claim of exemption to which the public authority 
        does not consent, the public authority shall schedule a 
        contested administrative proceeding under section 518.5511 an 
        expedited child support hearing under section 484.702.  The 
        hearing must be scheduled to occur within five business days.  
        The public authority shall send written notice of the hearing 
        date, time, and place to the judgment debtor by first class 
        mail.  The hearing may be conducted by telephone, audiovisual 
        means or other electronic means, at the discretion of the 
        administrative law judge.  If the hearing is to be conducted by 
        telephone, audiovisual means, or other electronic means, the 
        public authority shall provide reasonable assistance to the 
        judgment debtor to facilitate the submission of all necessary 
        documentary evidence to the administrative law judge, including 
        access to the public authority's facsimile transmission machine. 
           Sec. 24.  [REPEALER.] 
           Minnesota Statutes 1998, sections 518.5511; and 518.5512, 
        are repealed. 
           Sec. 25.  [EFFECTIVE DATE; APPLICATION.] 
           This act is effective July 1, 1999. 
           Presented to the governor May 21, 1999 
           Signed by the governor May 24, 1999, 9:47 a.m.

700 State Office Building, 100 Rev. Dr. Martin Luther King Jr. Blvd., St. Paul, MN 55155 ♦ Phone: (651) 296-2868 ♦ TTY: 1-800-627-3529 ♦ Fax: (651) 296-0569