Minnesota Legislature
Office of the Revisor of Statutes
Minnesota Session Laws - 2002, Regular Session
Key: (1) language to be deleted (2) new language
CHAPTER 344-S.F.No. 3114
An act relating to child support; permitting the
issuance of a limited license under certain
circumstances to a person whose driver's license is
suspended for nonpayment of support; clarifying
requirements relating to payment agreements; modifying
certain bonus incentives; changing child medical
support requirements and procedures; changing support
enforcement provisions; providing for continued
exchange of certain data; appropriating money;
amending Minnesota Statutes 2000, sections 171.186,
subdivisions 1, 3, by adding a subdivision; 171.20,
subdivision 4; 171.30, subdivision 1; 518.171,
subdivision 3, by adding a subdivision; 518.551,
subdivisions 12, 13, 14, 15; 518.553; 518.6111,
subdivision 8; 518.614, subdivisions 3, 4; 518.617,
subdivision 2; 548.091, subdivisions 1, 2a; Minnesota
Statutes 2001 Supplement, sections 256.979,
subdivisions 5, 6; 518.171, subdivisions 1, 4, 5;
518.6196; 548.091, subdivision 1a; Laws 2001, chapter
202, section 19.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1. Minnesota Statutes 2000, 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 pursuant to section 518.553 that is approved by a
court, a child support magistrate, or the public authority
responsible for child support enforcement, in accordance with
section 518.551, subdivision 13.
Sec. 2. Minnesota Statutes 2000, 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, 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 pursuant to section 518.553. A fee may not be
assessed for reinstatement of a license under this
section unless the person whose license was suspended under this
section has obtained a limited license during the period of
suspension.
Sec. 3. Minnesota Statutes 2000, section 171.186, is
amended by adding a subdivision to read:
Subd. 4. [LIMITED LICENSE.] (a) Notwithstanding
subdivision 3, the commissioner may issue a limited license to a
person whose license has been suspended under this section if
the person qualifies for a limited license under section 171.30.
(b) A limited license issued to a person under this
subdivision must expire 90 days after the date it is issued.
Sec. 4. Minnesota Statutes 2000, section 171.20,
subdivision 4, is amended to read:
Subd. 4. [REINSTATEMENT FEE.] Before the license is
reinstated, (1) a person whose driver's license has been
suspended under section 171.16, subdivision 2; 171.18, except
subdivision 1, clause (10); or 171.182, or who has been
disqualified from holding a commercial driver's license under
section 171.165, and (2) a person whose driver's license has
been suspended under section 171.186 and who is not exempt from
such a fee must pay a fee of $20. When fees are collected by a
licensing agent appointed under section 171.061, a handling
charge is imposed in the amount specified under section 171.061,
subdivision 4. The reinstatement fee and surcharge must be
deposited in an approved state depository as directed under
section 171.061, subdivision 4. A suspension may be rescinded
without fee for good cause.
Sec. 5. Minnesota Statutes 2000, section 171.30,
subdivision 1, is amended to read:
Subdivision 1. [CONDITIONS OF ISSUANCE.] (a) In any case
where a person's license has been suspended under section 171.18
or, 171.173, or 171.186, or revoked under section 169.792,
169.797, 169A.52, 169A.54, 171.17, or 171.172, the commissioner
may issue a limited license to the driver including under the
following conditions:
(1) if the driver's livelihood or attendance at a chemical
dependency treatment or counseling program depends upon the use
of the driver's license;
(2) if the use of a driver's license by a homemaker is
necessary to prevent the substantial disruption of the
education, medical, or nutritional needs of the family of the
homemaker; or
(3) if attendance at a post-secondary institution of
education by an enrolled student of that institution depends
upon the use of the driver's license.
(b) The commissioner in issuing a limited license may
impose such conditions and limitations as in the commissioner's
judgment are necessary to the interests of the public safety and
welfare including reexamination as to the driver's
qualifications. The license may be limited to the operation of
particular vehicles, to particular classes and times of
operation and to particular conditions of traffic. The
commissioner may require that an applicant for a limited license
affirmatively demonstrate that use of public transportation or
carpooling as an alternative to a limited license would be a
significant hardship.
(c) For purposes of this subdivision, "homemaker" refers to
the person primarily performing the domestic tasks in a
household of residents consisting of at least the person and the
person's dependent child or other dependents.
(d) The limited license issued by the commissioner shall
clearly indicate the limitations imposed and the driver
operating under the limited license shall have the license in
possession at all times when operating as a driver.
(e) In determining whether to issue a limited license, the
commissioner shall consider the number and the seriousness of
prior convictions and the entire driving record of the driver
and shall consider the number of miles driven by the driver
annually.
(f) If the person's driver's license or permit to drive has
been revoked under section 169.792 or 169.797, the commissioner
may only issue a limited license to the person after the person
has presented an insurance identification card, policy, or
written statement indicating that the driver or owner has
insurance coverage satisfactory to the commissioner of public
safety. The commissioner of public safety may require the
insurance identification card provided to satisfy this
subdivision be certified by the insurance company to be
noncancelable for a period not to exceed 12 months.
(g) The limited license issued by the commissioner to a
person under section 171.186, subdivision 4, must expire 90 days
after the date it is issued. The commissioner must not issue a
limited license to a person who previously has been issued a
limited license under section 171.186, subdivision 4.
Sec. 6. Minnesota Statutes 2001 Supplement, section
256.979, subdivision 5, is amended to read:
Subd. 5. [PATERNITY ESTABLISHMENT AND CHILD SUPPORT ORDER
ESTABLISHMENT AND MODIFICATION BONUS INCENTIVES.] (a) A bonus
incentive program is created to increase the number of paternity
establishments and establishment and modifications of child
support orders done by county child support enforcement agencies.
(b) A bonus must be awarded to a county child support
agency for each child for which the agency completes a paternity
order or for each case in which child support order
establishment or modification is established or modified through
judicial or administrative expedited processes.
(c) The rate of bonus incentive is $100 per child for each
paternity established, or $100 per case for each child support
order establishment and modification established or modified,
which is set in a specific dollar amount.
(d) No bonus shall be paid for a modification that is a
result of a termination of child care costs according to section
518.551, subdivision 5, paragraph (b), or due solely to a
reduction of child care expenses.
Sec. 7. Minnesota Statutes 2001 Supplement, section
256.979, subdivision 6, is amended to read:
Subd. 6. [CLAIMS FOR BONUS INCENTIVE.] (a) The
commissioner of human services and the county agency shall
develop procedures for the claims process and criteria using
automated systems where possible.
(b) Only one county agency may receive a bonus per
paternity establishment or child support order establishment or
modification for each child order. The county agency completing
the action or procedure needed to establish paternity or a child
support order or modify an order is the county agency entitled
to claim the bonus incentive.
(c) Disputed claims must be submitted to the commissioner
of human services and the commissioner's decision is final.
Sec. 8. Minnesota Statutes 2001 Supplement, section
518.171, subdivision 1, is amended to read:
Subdivision 1. [ORDER.] Compliance with this section
constitutes compliance with A completed national medical support
notice issued by the public authority or a court order that
complies with this section is a qualified medical child support
order as described in the federal Employee Retirement Income
Security Act of 1974 (ERISA) as amended by the federal Omnibus
Budget Reconciliation Act of 1993 (OBRA).
(a) Every child support order must:
(1) expressly assign or reserve the responsibility for
maintaining medical insurance for the minor children and the
division of uninsured medical and dental costs; and
(2) contain the names, last known addresses, and social
security numbers of the parents of the dependents unless the
court prohibits the inclusion of an address or social security
number and orders the parents to provide their addresses and
social security numbers to the administrator of the health
plan. The court shall order the parent with the better group
dependent health and dental insurance coverage or health
insurance plan to name the minor child as beneficiary on any
health and dental insurance plan that is available to the parent
on:
(i) a group basis;
(ii) through an employer or union; or
(iii) through a group health plan governed under the ERISA
and included within the definitions relating to health plans
found in section 62A.011, 62A.048, or 62E.06, subdivision 2.
"Health insurance" or "health insurance coverage" as used in
this section means coverage that is comparable to or better than
a number two qualified plan as defined in section 62E.06,
subdivision 2. "Health insurance" or "health insurance
coverage" as used in this section does not include medical
assistance provided under chapter 256, 256B, 256J, 256K, or 256D.
(b) If the court finds that dependent health or dental
insurance is not available to the obligor or obligee on a group
basis or through an employer or union, or that group insurance
is not accessible to the obligee, the court may require the
obligor (1) to obtain other dependent health or dental
insurance, (2) to be liable for reasonable and necessary medical
or dental expenses of the child, or (3) to pay no less than $50
per month to be applied to the medical and dental expenses of
the children or to the cost of health insurance dependent
coverage.
(c) If the court finds that the available dependent health
or dental insurance does not pay all the reasonable and
necessary medical or dental expenses of the child, including any
existing or anticipated extraordinary medical expenses, and the
court finds that the obligor has the financial ability to
contribute to the payment of these medical or dental expenses,
the court shall require the obligor to be liable for all or a
portion of the medical or dental expenses of the child not
covered by the required health or dental plan. Medical and
dental expenses include, but are not limited to, necessary
orthodontia and eye care, including prescription lenses.
(d) Unless otherwise agreed by the parties and approved by
the court, if the court finds that the obligee is not receiving
public assistance for the child and has the financial ability to
contribute to the cost of medical and dental expenses for the
child, including the cost of insurance, the court shall order
the obligee and obligor to each assume a portion of these
expenses based on their proportionate share of their total net
income as defined in section 518.54 518.551, subdivision 6 5.
(e) Payments ordered under this section are subject to
section 518.6111. An obligee who fails to apply payments
received to the medical expenses of the dependents may be found
in contempt of this order.
Sec. 9. Minnesota Statutes 2000, section 518.171,
subdivision 3, is amended to read:
Subd. 3. [IMPLEMENTATION NOTICE TO EMPLOYER OR UNION.] (a)
For purposes of this chapter, "national medical support notice"
means an administrative notice issued by the public authority to
enforce health insurance provisions of a support order in IV-D
cases under the Code of Federal Regulations.
(b) A copy of the national medical support notice or court
order for insurance coverage shall be forwarded to the obligor's
employer or union and or to the health or dental insurance
carrier or employer if necessary by the obligee or the public
authority responsible for support enforcement only when ordered
by the court or when the following conditions are met:
(1) the obligor fails to provide written proof to the
obligee or the public authority, within 30 days of the effective
date of the court order, that the obligor has applied for
insurance has been obtained for the child;
(2) the obligee or the public authority serves written
notice of its intent to enforce medical support on the. The
obligee or the public authority must mail the written notice to
the obligor by mail at the obligor's last known post office
address; and
(3) the obligor fails within 15 days after the mailing of
the notice to provide written proof to the obligee or the public
authority that the obligor has applied for insurance coverage
existed as of the date of mailing for the child.
The employer or union shall forward a copy of the order to
the health and dental insurance plan offered by the employer.
(c) If an obligor is ordered to carry health insurance
coverage for the child and has not enrolled the child in health
insurance coverage, the public authority must forward a copy of
the national medical support notice to the obligor's employer or
union within two business days after the date the obligor is
entered into the work reporting system under section 256.998.
Sec. 10. Minnesota Statutes 2001 Supplement, section
518.171, subdivision 4, is amended to read:
Subd. 4. [EFFECT OF ORDER.] (a) The national medical
support notice or court 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.
(b) 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 motion in
district court or according to section 484.702 and the rules of
the expedited child support process if the public authority
provides support enforcement services;
(2) serving mailing a copy of the request for contested
hearing upon motion to the public authority if the public
authority provides support enforcement services 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 enrollment.
(c) 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, if necessary, 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) (d) 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) (e) 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 obligee or guardian, is valid for the purposes of
meeting enrollment requirements of the health plan.
(f) The insurance coverage for a child eligible under
subdivision 5 shall not be terminated except as authorized in
subdivision 5.
Sec. 11. Minnesota Statutes 2000, section 518.171, is
amended by adding a subdivision to read:
Subd. 4a. [EMPLOYER, UNION AND HEALTH PLAN ADMINISTRATOR
REQUIREMENTS.] (a) An employer or union must forward the
national medical support notice or court order to its health
plan within 20 business days after the date on the national
medical support notice or after receipt of the court order.
(b) If a health plan administrator receives a completed
national medical support notice or court order, the plan
administrator must notify the parties and the public authority
if the public authority provides support enforcement services
within 40 business days after the date of the notice or after
receipt of the court order, of the following:
(1) whether coverage is available to the child under the
terms of the health plan;
(2) whether the child is covered under the health plan;
(3) the effective date of the child's coverage under the
health plan; and
(4) what steps, if any, are required to effectuate the
child's coverage under the health plan. The plan administrator
must also provide the parties and the public authority if the
public authority provides support enforcement services with a
notice of enrollment of the child, description of the coverage,
and any documents necessary to effectuate coverage.
(c) Upon determination by the health plan administrator
that the child may be covered under the health plan, the
employer or union and health plan must enroll the child as a
beneficiary in the health plan and withhold any required
premiums from the income or wages of the obligor.
(d) If more than one plan is offered by the employer or
union and the national medical support notice or court order
does not specify the plan to be carried, the plan administrator
must notify the parents and the public authority if the public
authority provides support enforcement services.
(e) If enrollment of the obligor is necessary to obtain
dependent health care coverage under the plan and the obligor is
not enrolled in the health plan, the employer or union must also
enroll the obligor in the plan.
Sec. 12. Minnesota Statutes 2001 Supplement, section
518.171, subdivision 5, is amended to read:
Subd. 5. [ELIGIBLE CHILD DISENROLLMENT; COVERAGE
OPTIONS.] (a) Unless a court order provides otherwise, a minor
child that an obligor is required to cover as a beneficiary
pursuant to this section is eligible for insurance coverage as a
dependent of the obligor until the child is emancipated or,
until further order of the court, or as consistent with the
terms of coverage. The health or dental insurance carrier or
employer may not disenroll or eliminate coverage of the child
unless the health or dental insurance carrier or employer is
provided satisfactory written evidence that the court order is
no longer in effect, or the child is or will be enrolled in
comparable health coverage through another health or dental
insurance plan that will take effect no later than the effective
date of the disenrollment, or the employer has eliminated family
health and dental coverage for all of its employees employee is
no longer eligible for dependent coverage, or that the required
premium has not been paid by or on behalf of the child. If
disenrollment or elimination of coverage of a child under this
subdivision is based upon nonpayment of premium, The health or
dental insurance plan must provide 30 days' written notice to
the obligee child's parents and the public authority if the
public authority provides support enforcement services prior to
the disenrollment or elimination of coverage for the child.
(b) If the public authority provides support enforcement
services and a plan administrator reports to the public
authority that there is more than one coverage option available
under the health plan, the public authority, in consultation
with the parent with whom the child resides, must promptly
select coverage from the available options.
Sec. 13. Minnesota Statutes 2000, 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 pursuant to section 518.553 that
is approved by the court, a child support magistrate, or the
public authority, 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 pursuant
to section 518.553. 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 pursuant to section 518.553 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
pursuant to section 518.553 that is approved by the court, a
child support magistrate, or the public authority, the court 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, a court
hearing or a hearing under section 484.702 must be held.
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 pursuant to section 518.553 that is
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 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, 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, a child
support magistrate, or the public authority, the court, 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, 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 hearing must be
held. 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. 14. Minnesota Statutes 2000, 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 pursuant
to section 518.553 that is approved by the court, 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 pursuant to section 518.553. 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 pursuant
to section 518.553 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
pursuant to section 518.553 that is approved by the court, 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, a court hearing must be held.
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 must include information that apprises the
obligor of the requirement to develop a written payment
agreement that is approved by a court, a child support
magistrate, or the public authority responsible for child
support enforcement regarding child support, maintenance, and
any arrearages in order to avoid license suspension. 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 pursuant to section 518.553 that is 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 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 child support
magistrate determines that the obligor has executed and is in
compliance with a written payment agreement regarding both
current support and arrearages pursuant to section 518.553 that
is approved by the court, a child support magistrate, or the
public authority.
(e) An obligor whose driver's license or operating
privileges are suspended may:
(1) 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. pursuant to section 518.553;
(2) bring a motion for reinstatement of the driver's
license. At the hearing, if the court or child support
magistrate orders reinstatement of the driver's license, the
court or child support magistrate must establish a written
payment agreement pursuant to section 518.553; or
(3) seek a limited license under section 171.30. A limited
license issued to an obligor under section 171.30 expires 90
days after the date it is issued.
Within 15 days of the receipt of that proof or a court
order, 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; and
(7) the number of limited licenses issued and number of
cases in which payment agreements are executed and cases are
paid in full following issuance of a limited license.
(g) In addition to the criteria established under this
section for the suspension of an obligor's driver's license, a
court, 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 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. 15. Minnesota Statutes 2000, 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 pursuant
to section 518.553 that is approved by the court, 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 pursuant to section 518.553,
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 pursuant to section 518.553 that is approved by the
court, 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 pursuant to
section 518.553 that is approved by the court, 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, a court hearing must be held. 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 pursuant to section 518.553 that is 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 child support magistrate shall order the commissioner
of public safety to record the lien unless the court or child
support magistrate determines that the obligor has executed and
is in compliance with a written payment agreement regarding both
current support and arrearages pursuant to section 518.553 that
is determined to be acceptable by the court, 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 pursuant to
section 518.553 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. 16. Minnesota Statutes 2000, section 518.551,
subdivision 15, is amended to read:
Subd. 15. [LICENSE SUSPENSION.] (a) Upon motion of an
obligee or the public authority, which has been properly served
on the obligor by first class mail at the last known address or
in person, and if at a hearing, the court finds that (1) the
obligor is in arrears in court-ordered child support or
maintenance payments, or both, in an amount equal to or greater
than six times the obligor's total monthly support and
maintenance payments and is not in compliance with a written
payment agreement regarding both current support and
arrearages pursuant to section 518.553, or (2) has failed, after
receiving notice, to comply with a subpoena relating to a
paternity or child support proceeding, the court may direct the
commissioner of natural resources to suspend or bar receipt of
the obligor's recreational license or licenses. Prior to
utilizing this subdivision, the court must find that other
substantial enforcement mechanisms have been attempted but have
not resulted in compliance.
(b) For purposes of this subdivision, a recreational
license includes all licenses, permits, and stamps issued
centrally by the commissioner of natural resources under
sections 97B.301, 97B.401, 97B.501, 97B.515, 97B.601, 97B.715,
97B.721, 97B.801, 97C.301, and 97C.305.
(c) An obligor whose recreational license or licenses have
been suspended or barred may provide proof to the court that the
obligor is in compliance with all written payment agreements
regarding both current support and arrearages pursuant to
section 518.553. Within 15 days of receipt of that proof, the
court shall notify the commissioner of natural resources that
the obligor's recreational license or licenses should no longer
be suspended nor should receipt be barred.
Sec. 17. Minnesota Statutes 2000, 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, 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, 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. The court,
child support magistrate, or public authority also shall
consider a graduated payment plan tailored to the individual
financial circumstances of each obligor.
Sec. 18. Minnesota Statutes 2000, 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 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 upon proper motion pursuant to section 484.702 and the
rules of the expedited child support process.
(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. 19. Minnesota Statutes 2000, section 518.614,
subdivision 3, is amended to read:
Subd. 3. [DUTIES OF PUBLIC AUTHORITY.] Within three
working days of receipt of sums released under subdivision 2,
the public authority shall remit to the obligee all amounts not
assigned under section 256.741 as current support or
maintenance. The public authority shall also serve a copy of
the court's order and the provisions of section 518.6111 and
this section on the obligor's employer or other payor of funds
unless within 15 days after mailing of the notice of intent to
implement income withholding the obligor requests a hearing on
the issue of whether payment was in default as of the date of
the notice of default and serves notice of the request for
hearing on the public authority and the obligee makes a proper
motion pursuant to section 484.702 and the rules of the
expedited child support process. The public authority shall
instruct the employer or payor of funds pursuant to section
518.6111 as to the effective date on which the next support or
maintenance payment is due. The withholding process must begin
on said date and shall reflect the total credits of principal
and interest amounts received from the escrow account.
Sec. 20. Minnesota Statutes 2000, section 518.614,
subdivision 4, is amended to read:
Subd. 4. [HEARING.] Within 30 days of the date of the
notice of default under subdivision 2, clause (2), the court
must hold a hearing requested if a motion is brought by the
obligor as set forth in subdivision 2. If the court finds that
there was a default, the court shall order the immediate
withholding of support or maintenance from the obligor's
income. If the court finds that there was no default, the court
shall order the reestablishment of the escrow account by either
the obligee or obligor and continue the stay of income
withholding.
Sec. 21. Minnesota Statutes 2000, section 518.617,
subdivision 2, is amended to read:
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 a child support magistrate,
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 a child support magistrate, or the public authority that
the person is gainfully employed and submits to an order for
income withholding under section 518.6111;
(2) enters into a written payment plan regarding both
current support and arrearages approved by the court, an
administrative law judge a child support magistrate, or the
public authority; or
(3) provides proof to the court, an administrative law
judge a child support magistrate, 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.
Sec. 22. Minnesota Statutes 2001 Supplement, section
518.6196, is amended to read:
518.6196 [COLLECTION; REVENUE RECAPTURE.]
The public authority may submit debt under chapter 270A
only if the obligor is in arrears in court-ordered child support
or maintenance payments, or both, in an amount greater than the
obligor's total monthly support and maintenance payments or if
the debt has been entered and docketed as a judgment under
section 548.091, subdivision 2a.
Sec. 23. Minnesota Statutes 2000, section 548.091,
subdivision 1, is amended to read:
Subdivision 1. [ENTRY AND DOCKETING OF MAINTENANCE
JUDGMENT.] (a) A judgment for unpaid amounts under a judgment or
decree of dissolution or legal separation that provides for
installment or periodic payments of maintenance shall be entered
by the court administrator when ordered by the court or shall be
entered and docketed by the court administrator when the
following conditions are met:
(1) the obligee determines that the obligor is at least 30
days in arrears;
(2) the obligee serves a copy of an affidavit of default
and notice of intent to enter and docket judgment on the obligor
by first class mail at the obligor's last known post office
address. Service shall be deemed complete upon mailing in the
manner designated. The affidavit shall state the full name,
occupation, place of residence, and last known post office
address of the obligor, the name and post office address of the
obligee, the date of the first unpaid amount, the date of the
last unpaid amount, and the total amount unpaid;
(3) the obligor fails within 20 days after mailing of the
notice either to pay all unpaid amounts or to request a hearing
on the issue of whether arrears claimed owing have been paid and
to seek, ex parte, a stay of entry of judgment; and
(4) not less than 20 days after service on the obligor in
the manner provided, the obligee files with the court
administrator the affidavit of default together with proof of
service and, if payments have been received by the obligee since
execution of the affidavit of default, a supplemental affidavit
setting forth the amount of payment received and the amount for
which judgment is to be entered and docketed.
(b) A judgment entered and docketed under this subdivision
has the same effect and is subject to the same procedures,
defenses, and proceedings as any other judgment in district
court, and may be enforced or satisfied in the same manner as
judgments under section 548.09.
(c) An obligor whose property is subject to the lien of a
judgment for installment of periodic payments of maintenance
under section 548.09, and who claims that no amount of
maintenance is in arrears, may move the court ex parte for an
order directing the court administrator to vacate the lien of
the judgment on the docket and register of the action where it
was entered. The obligor shall file with the motion an
affidavit stating:
(1) the lien attached upon the docketing of a judgment or
decree of dissolution or separate maintenance;
(2) the docket was made while no installment or periodic
payment of maintenance was unpaid or overdue; and
(3) no installment or periodic payment of maintenance that
was due prior to the filing of the motion remains unpaid or
overdue.
The court shall grant the obligor's motion as soon as
possible if the pleadings and affidavit show that there is and
has been no default.
Sec. 24. Minnesota Statutes 2001 Supplement, section
548.091, subdivision 1a, is amended to read:
Subd. 1a. [CHILD SUPPORT JUDGMENT BY OPERATION OF LAW.]
(a) Any payment or installment of support required by a judgment
or decree of dissolution or legal separation, determination of
parentage, an order under chapter 518C, an order under section
256.87, or an order under section 260B.331 or 260C.331, that is
not paid or withheld from the obligor's income as required under
section 518.6111, or which is ordered as child support by
judgment, decree, or order by a court in any other state, is a
judgment by operation of law on and after the date it is due, is
entitled to full faith and credit in this state and any other
state, and shall be entered and docketed by the court
administrator on the filing of affidavits as provided in
subdivision 2a. Except as otherwise provided by paragraph (b),
interest accrues from the date the unpaid amount due is greater
than the current support due at the annual rate provided in
section 549.09, subdivision 1, plus two percent, not to exceed
an annual rate of 18 percent. A payment or installment of
support that becomes a judgment by operation of law between the
date on which a party served notice of a motion for modification
under section 518.64, subdivision 2, and the date of the court's
order on modification may be modified under that subdivision.
(b) Notwithstanding the provisions of section 549.09, upon
motion to the court and upon proof by the obligor of 36
consecutive months of complete and timely payments of both
current support and court-ordered paybacks of a child support
debt or arrearage, the court may order interest on the remaining
debt or arrearage to stop accruing. Timely payments are those
made in the month in which they are due. If, after that time,
the obligor fails to make complete and timely payments of both
current support and court-ordered paybacks of child support debt
or arrearage, the public authority or the obligee may move the
court for the reinstatement of interest as of the month in which
the obligor ceased making complete and timely payments.
The court shall provide copies of all orders issued under
this section to the public authority. The commissioner of human
services state court administrator shall prepare and make
available to the court and the parties forms to be submitted by
the parties in support of a motion under this paragraph.
(c) Notwithstanding the provisions of section 549.09, upon
motion to the court, the court may order interest on a child
support debt to stop accruing where the court finds that the
obligor is:
(1) unable to pay support because of a significant physical
or mental disability;
(2) a recipient of Supplemental Security Income (SSI),
Title II Older Americans Survivor's Disability Insurance
(OASDI), other disability benefits, or public assistance based
upon need; or
(3) institutionalized or incarcerated for at least 30 days
for an offense other than nonsupport of the child or children
involved, and is otherwise financially unable to pay support.
Sec. 25. Minnesota Statutes 2000, section 548.091,
subdivision 2a, is amended to read:
Subd. 2a. [ENTRY AND DOCKETING OF CHILD SUPPORT JUDGMENT.]
(a) On or after the date an unpaid amount becomes a judgment by
operation of law under subdivision 1a, the obligee or the public
authority may file with the court administrator:
(1) a statement identifying, or a copy of, the judgment or
decree of dissolution or legal separation, determination of
parentage, order under chapter 518B or 518C, an order under
section 256.87, an order under section 260B.331 or 260C.331, or
judgment, decree, or order for child support by a court in any
other state, which provides for periodic installments of child
support, or a judgment or notice of attorney fees and collection
costs under section 518.14, subdivision 2;
(2) an affidavit of default. The affidavit of default must
state the full name, occupation, place of residence, and last
known post office address of the obligor, the name and post
office address of the obligee, the date or dates payment was due
and not received and judgment was obtained by operation of law,
the total amount of the judgments to be entered and docketed;
and
(3) an affidavit of service of a notice of intent to enter
and docket judgment and to recover attorney fees and collection
costs on the obligor, in person or by first class mail at the
obligor's last known post office address. Service is completed
upon mailing in the manner designated. Where applicable, a
notice of interstate lien in the form promulgated under United
States Code, title 42, section 652(a), is sufficient to satisfy
the requirements of clauses (1) and (2).
(b) A judgment entered and docketed under this subdivision
has the same effect and is subject to the same procedures,
defenses, and proceedings as any other judgment in district
court, and may be enforced or satisfied in the same manner as
judgments under section 548.09, except as otherwise provided.
Sec. 26. Laws 2001, chapter 202, section 19, is amended to
read:
Sec. 19. [NONCUSTODIAL PARENT PROGRAM.]
Notwithstanding Minnesota Statutes, section 13.46, until
August 1, 2002 2005, the public authority responsible for child
support enforcement and an agency administering the noncustodial
parent employment and support services program under contract
with the department of human services in Hennepin county may
exchange data on current and former program participants for
purposes of evaluating the program. Any private agency
administering the program must agree to be bound by Minnesota
Statutes, chapter 13.
Sec. 27. [APPROPRIATION.]
$95,000 is appropriated from the trunk highway fund to the
commissioner of public safety in fiscal year 2003 for costs
related to the issuance of limited licenses under Minnesota
Statutes, section 171.186, subdivision 4.
Sec. 28. [EFFECTIVE DATE.]
Sections 8 to 12 are effective July 1, 2002.
Presented to the governor April 15, 2002
Signed by the governor April 17, 2002, 9:40 a.m.
Official Publication of the State of Minnesota
Revisor of Statutes