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Minnesota Legislature

Office of the Revisor of Statutes

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.