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1995 Minnesota Session Laws

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                            CHAPTER 257-S.F.No. 217 
                  An act relating to family law; providing for 
                  enforcement of child support obligations; expanding 
                  enforcement remedies for child support; authorizing 
                  programs; providing for resolution of custody and 
                  visitation disputes; creating a central child support 
                  payment center; modifying child support data 
                  collection and publication; imposing penalties; 
                  changing provisions relating to recognition of 
                  parentage; adding provisions for administrative 
                  proceedings; modifying children's supervised 
                  visitation facilities; providing for studies; 
                  appropriating money; amending Minnesota Statutes 1994, 
                  sections 13.46, subdivision 2; 168A.05, subdivisions 
                  2, 3, 7, and by adding a subdivision; 168A.16; 
                  168A.20, by adding a subdivision; 168A.21; 168A.29, 
                  subdivision 1; 171.12, by adding a subdivision; 
                  214.101, subdivisions 1 and 4; 256.87, subdivision 5; 
                  256.978, subdivision 1; 256H.02; 257.34, by adding a 
                  subdivision; 257.55, subdivision 1; 257.57, 
                  subdivision 2; 257.60; 257.66, subdivision 4; 257.67, 
                  subdivision 1; 257.75, subdivision 3, and by adding a 
                  subdivision; 517.08, subdivisions 1b and 1c; 518.171, 
                  subdivision 2a; 518.175, by adding a subdivision; 
                  518.18; 518.24; 518.551, subdivisions 5, 12, and by 
                  adding subdivisions; 518.5511, subdivisions 1, 2, 3, 
                  4, 5, 7, and 9; 518.575; 518.611, subdivisions 1, 2, 
                  5, 6, and 8a; 518.613, subdivisions 1, 2, and by 
                  adding a subdivision; 518.614, subdivision 1; 518.64, 
                  subdivisions 2, 4, and by adding a subdivision; 
                  518C.310; 548.15; and 609.375, subdivision 1; 
                  proposing coding for new law in Minnesota Statutes, 
                  chapters 145; 171; 256; 257; and 518; repealing 
                  Minnesota Statutes 1994, sections 214.101, 
                  subdivisions 2 and 3; 518.561; 518.611, subdivision 8; 
                  and 518.64, subdivision 6. 
        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
                                   ARTICLE 1
             CHILD SUPPORT ENFORCEMENT AND COOPERATION FOR CHILDREN
           Section 1.  Minnesota Statutes 1994, section 13.46, 
        subdivision 2, is amended to read: 
           Subd. 2.  [GENERAL.] (a) Unless the data is summary data or 
        a statute specifically provides a different classification, data 
        on individuals collected, maintained, used, or disseminated by 
        the welfare system is private data on individuals, and shall not 
        be disclosed except:  
           (1) pursuant to section 13.05; 
           (2) pursuant to court order; 
           (3) pursuant to a statute specifically authorizing access 
        to the private data; 
           (4) to an agent of the welfare system, including a law 
        enforcement person, attorney, or investigator acting for it in 
        the investigation or prosecution of a criminal or civil 
        proceeding relating to the administration of a program; 
           (5) to personnel of the welfare system who require the data 
        to determine eligibility, amount of assistance, and the need to 
        provide services of additional programs to the individual; 
           (6) to administer federal funds or programs; 
           (7) between personnel of the welfare system working in the 
        same program; 
           (8) the amounts of cash public assistance and relief paid 
        to welfare recipients in this state, including their names and 
        social security numbers, upon request by the department of 
        revenue to administer the property tax refund law, supplemental 
        housing allowance, and the income tax; 
           (9) to the Minnesota department of economic security for 
        the purpose of monitoring the eligibility of the data subject 
        for reemployment insurance, for any employment or training 
        program administered, supervised, or certified by that agency, 
        or for the purpose of administering any rehabilitation program, 
        whether alone or in conjunction with the welfare system, and to 
        verify receipt of energy assistance for the telephone assistance 
        plan; 
           (10) to appropriate parties in connection with an emergency 
        if knowledge of the information is necessary to protect the 
        health or safety of the individual or other individuals or 
        persons; 
           (11) data maintained by residential facilities as defined 
        in section 245A.02 may be disclosed to the protection and 
        advocacy system established in this state pursuant to Part C of 
        Public Law Number 98-527 to protect the legal and human rights 
        of persons with mental retardation or other related conditions 
        who live in residential facilities for these persons if the 
        protection and advocacy system receives a complaint by or on 
        behalf of that person and the person does not have a legal 
        guardian or the state or a designee of the state is the legal 
        guardian of the person; 
           (12) to the county medical examiner or the county coroner 
        for identifying or locating relatives or friends of a deceased 
        person; 
           (13) data on a child support obligor who makes payments to 
        the public agency may be disclosed to the higher education 
        coordinating board to the extent necessary to determine 
        eligibility under section 136A.121, subdivision 2, clause (5); 
           (14) participant social security numbers and names 
        collected by the telephone assistance program may be disclosed 
        to the department of revenue to conduct an electronic data match 
        with the property tax refund database to determine eligibility 
        under section 237.70, subdivision 4a; 
           (15) the current address of a recipient of aid to families 
        with dependent children may be disclosed to law enforcement 
        officers who provide the name and social security number of the 
        recipient and satisfactorily demonstrate that:  (i) the 
        recipient is a fugitive felon, including the grounds for this 
        determination; (ii) the location or apprehension of the felon is 
        within the law enforcement officer's official duties; and (iii) 
        the request is made in writing and in the proper exercise of 
        those duties; 
           (16) the current address of a recipient of general 
        assistance, work readiness, or general assistance medical care 
        may be disclosed to probation officers and corrections agents 
        who are supervising the recipient, and to law enforcement 
        officers who are investigating the recipient in connection with 
        a felony level offense; 
           (17) information obtained from food stamp applicant or 
        recipient households may be disclosed to local, state, or 
        federal law enforcement officials, upon their written request, 
        for the purpose of investigating an alleged violation of the 
        food stamp act, in accordance with Code of Federal Regulations, 
        title 7, section 272.1(c); or 
           (18) data on a child support obligor who is in arrears may 
        be disclosed for purposes of publishing the data pursuant to 
        section 518.575; or 
           (19) data in the work reporting system may be disclosed 
        under section 256.998, subdivision 7. 
           (b) Information on persons who have been treated for drug 
        or alcohol abuse may only be disclosed in accordance with the 
        requirements of Code of Federal Regulations, title 42, sections 
        2.1 to 2.67. 
           (c) Data provided to law enforcement agencies under 
        paragraph (a), clause (15), (16), or (17), or paragraph (b), are 
        investigative data and are confidential or protected nonpublic 
        while the investigation is active.  The data are private after 
        the investigation becomes inactive under section 13.82, 
        subdivision 5, paragraph (a) or (b). 
           (d) Mental health data shall be treated as provided in 
        subdivisions 7, 8, and 9, but is not subject to the access 
        provisions of subdivision 10, paragraph (b). 
           Sec. 2.  Minnesota Statutes 1994, section 168A.05, 
        subdivision 2, is amended to read: 
           Subd. 2.  [RECORD OF CERTIFICATES ISSUED.] The department 
        shall maintain a record of all certificates of title issued by 
        it: 
           (1) Under a distinctive title number assigned to the 
        vehicle; 
           (2) By vehicle identifying number; 
           (3) Alphabetically, under the name of the owner. 
           Such record shall consist of the certificate of title, 
        including the notations of all security interests recorded, 
        assigned, terminated, or released and liens filed pursuant to a 
        court order or by a public authority responsible for child 
        support enforcement of which the department has notice, of 
        duplicate certificates issued or applied for, and such other 
        information as the department may deem proper. 
           Sec. 3.  Minnesota Statutes 1994, section 168A.05, 
        subdivision 3, is amended to read: 
           Subd. 3.  [CONTENT OF CERTIFICATE.] Each certificate of 
        title issued by the department shall contain: 
           (1) the date issued; 
           (2) the first, middle, and last names, the dates of birth, 
        and addresses of all owners who are natural persons, the full 
        names and addresses of all other owners; 
           (3) the names and addresses of any secured parties in the 
        order of priority as shown on the application, or if the 
        application is based on a certificate of title, as shown on the 
        certificate, or as otherwise determined by the department; 
           (4) any liens filed pursuant to a court order or by a 
        public agency responsible for child support enforcement against 
        the owner; 
           (5) the title number assigned to the vehicle; 
           (5) (6) a description of the vehicle including, so far as 
        the following data exists, its make, model, year, identifying 
        number, type of body, whether new or used, and if a new vehicle, 
        the date of the first sale of the vehicle for use; 
           (6) (7) with respect to motor vehicles subject to the 
        provisions of section 325E.15, the true cumulative mileage 
        registered on the odometer or that the actual mileage is unknown 
        if the odometer reading is known by the owner to be different 
        from the true mileage; 
           (7) (8) with respect to vehicles subject to sections 
        325F.6641 and 325F.6642, the appropriate term "flood damaged," 
        "rebuilt," "prior salvage," or "reconstructed"; and 
           (8) (9) any other data the department prescribes. 
           Sec. 4.  Minnesota Statutes 1994, section 168A.05, 
        subdivision 7, is amended to read: 
           Subd. 7.  [JUDICIAL PROCESS RELATING TO CERTIFICATE OR 
        VEHICLE.] A certificate of title for a vehicle is not subject to 
        garnishment, attachment, execution, or other judicial process, 
        but this subdivision does not prevent a lawful levy upon the 
        vehicle or the lawful enforcement of an administrative lien or 
        judgment debt or lien filed pursuant to a court order or by a 
        public authority responsible for child support enforcement. 
           Sec. 5.  Minnesota Statutes 1994, section 168A.05, is 
        amended by adding a subdivision to read: 
           Subd. 8.  [LIENS FILED FOR ENFORCEMENT OF CHILD 
        SUPPORT.] This subdivision applies if the court or a public 
        authority responsible for child support enforcement orders or 
        directs the commissioner to enter a lien, as provided in section 
        518.551, subdivision 14.  If a certificate of title is applied 
        for by the owner, the department shall enter a lien on the title 
        in the name of the state of Minnesota or in the name of the 
        obligee in accordance with the notice.  The lien on the title is 
        subordinate to any bona fide purchase money security interest as 
        defined in section 336.9-107 regardless of when the purchase 
        money security interest is perfected.  With respect to all other 
        security interests, the lien is perfected as of the date entered 
        on the title.  The lien is subject to an exemption in the amount 
        currently in effect under section 518.551, subdivision 14. 
           Sec. 6.  Minnesota Statutes 1994, section 168A.16, is 
        amended to read: 
           168A.16 [INAPPLICABLE LIENS AND SECURITY INTERESTS.] 
           (a) Sections 168A.01 to 168A.31 do not apply to or affect: 
           (1) A lien given by statute or rule of law to a supplier of 
        services or materials for the vehicle; 
           (2) A lien given by statute to the United States, this 
        state, or any political subdivision of this state; 
           (3) A security interest in a vehicle created by a 
        manufacturer or dealer who holds the vehicle for sale. 
           (b) Sections 168A.17 to 168A.19 do not apply to or affect a 
        lien given by statute or assignment to this state or any 
        political subdivision of this state.  
           Sec. 7.  Minnesota Statutes 1994, section 168A.20, is 
        amended by adding a subdivision to read: 
           Subd. 4.  [SATISFACTION OF LIEN FOR CHILD SUPPORT.] If the 
        secured party is a public authority or a child support or 
        maintenance obligee with a lien under section 168A.05, 
        subdivision 8, upon either the satisfaction of a security 
        interest in a vehicle for which the certificate of title is in 
        the possession of the owner, or the execution by the owner of a 
        written payment agreement determined to be acceptable by the 
        court, an administrative law judge, the public authority, or the 
        obligee, within 15 days the secured party shall execute a 
        release of security interest on the form prescribed by the 
        department and mail or deliver the notification with release to 
        the owner or any person who delivers to the secured party an 
        authorization from the owner to receive the release. 
           Sec. 8.  Minnesota Statutes 1994, section 168A.21, is 
        amended to read: 
           168A.21 [DISCLOSURE OF SECURITY INTEREST.] 
           Subdivision 1.  [GENERAL.] A secured party named in a 
        certificate of title shall upon written request of the owner or 
        of another secured party named on the certificate disclose any 
        pertinent information as to the security agreement and the 
        indebtedness secured by it.  
           Subd. 2.  [CHILD SUPPORT.] A secured party that is a public 
        authority or an obligee with a lien under section 168A.05, 
        subdivision 8, shall, upon written request of the owner, 
        disclose the amount of the judgment debt secured. 
           Sec. 9.  Minnesota Statutes 1994, section 168A.29, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [AMOUNTS.] (a) The department shall be paid 
        the following fees: 
           (1) for filing an application for and the issuance of an 
        original certificate of title, the sum of $2; 
           (2) for each security interest when first noted upon a 
        certificate of title, including the concurrent notation of any 
        assignment thereof and its subsequent release or satisfaction, 
        the sum of $2, except that no fee is due for a security interest 
        filed by a public authority under section 168A.05, subdivision 
        8; 
           (3) for the transfer of the interest of an owner and the 
        issuance of a new certificate of title, the sum of $2; 
           (4) for each assignment of a security interest when first 
        noted on a certificate of title, unless noted concurrently with 
        the security interest, the sum of $1; 
           (5) for issuing a duplicate certificate of title, the sum 
        of $4.  
           (b) In addition to each of the fees required under 
        paragraph (a), clauses (1) and (3), the department shall be paid:
           (1) from July 1, 1994, to June 30, 1997, $3.50; but then 
           (2) after June 30, 1997, $1.  
           The additional fee collected under this paragraph must be 
        deposited in the transportation services fund and credited to 
        the state patrol motor vehicle account established in section 
        299D.10. 
           Sec. 10.  Minnesota Statutes 1994, section 171.12, is 
        amended by adding a subdivision to read: 
           Subd. 3b.  [RECORD OF IMPROPER SUSPENSION 
        DESTROYED.] Notwithstanding subdivision 3 or section 138.163, 
        when an order for suspension of a driver's license issued 
        pursuant to section 171.186 is rescinded because the license was 
        improperly suspended and all rights of appeal have been 
        exhausted or have expired, the commissioner shall remove the 
        record of that suspension from the computer records that are 
        disclosed to persons or agencies outside the driver and vehicle 
        services division of the department of public safety. 
           Sec. 11.  [171.186] [SUSPENSION; NONPAYMENT OF SUPPORT.] 
           Subdivision 1.  [SUSPENSION.] The commissioner shall 
        suspend a person's driver's license or operating privileges 
        without a hearing upon receipt of a court order or notice from a 
        public authority responsible for child support enforcement that 
        states that the driver is in arrears in court-ordered child 
        support or maintenance payments, or both, in an amount equal to 
        or greater than three times the obligor's total monthly support 
        and maintenance payments, and is not in compliance with a 
        written payment agreement regarding both current support and 
        arrearages approved by a court, an administrative law judge, or 
        the public authority responsible for child support enforcement, 
        in accordance with section 518.551, subdivision 13. 
           Subd. 2.  [NOTICE.] Upon suspending a driver's license or 
        operating privileges under this section, the department shall 
        immediately notify the licensee, in writing, by mailing a notice 
        addressed to the licensee at the licensee's last known address. 
           Subd. 3.  [DURATION.] A license or operating privilege must 
        remain suspended and may not be reinstated, nor may a license be 
        subsequently issued to the person, until the commissioner 
        receives notice from the court, an administrative law judge, or 
        public authority responsible for child support enforcement that 
        the person is in compliance with all current orders of support 
        or written payment agreements regarding both current support and 
        arrearages.  A fee may not be assessed for reinstatement of a 
        license under this section.  
           Sec. 12.  Minnesota Statutes 1994, section 214.101, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [COURT ORDER; HEARING ON SUSPENSION.] (a) 
        For purposes of this section, "licensing board" means a 
        licensing board or other state agency that issues an 
        occupational license. 
           (b) If a licensing board receives an order from a court or 
        an administrative law judge or a notice from a public authority 
        responsible for child support enforcement agency under section 
        518.551, subdivision 12, dealing with suspension of a license of 
        a person found by the court or the public agency authority to be 
        in arrears in child support or maintenance payments, or both, 
        the board shall, within 30 days of receipt of the court order or 
        public agency authority notice, provide notice to the licensee 
        and hold a hearing.  If the board finds that the person is 
        licensed by the board and evidence of full payment of arrearages 
        found to be due by the court or the public agency is not 
        presented at the hearing, the board shall suspend the license 
        unless it determines that probation is appropriate under 
        subdivision 2.  The only issues to be determined by the board 
        are whether the person named in the court order or public agency 
        notice is a licensee, whether the arrearages have been paid, and 
        whether suspension or probation is appropriate.  The board may 
        not consider evidence with respect to the appropriateness of the 
        underlying child support order or the ability of the person to 
        comply with the order.  The board may not lift the suspension 
        until the licensee files with the board proof showing that the 
        licensee is current in child support payments and maintenance 
        suspend the license as directed by the order or notice. 
           Sec. 13.  Minnesota Statutes 1994, section 214.101, 
        subdivision 4, is amended to read: 
           Subd. 4.  [VERIFICATION OF PAYMENTS.] Before A board 
        may terminate probation, remove a suspension, not issue, 
        reinstate, or renew a license of a person who has been suspended 
        or placed on probation or is the subject of an order or notice 
        under this section, it shall contact until it receives 
        notification from the court, administrative law judge, or public 
        agency authority that referred the matter to the board to 
        determine confirming that the applicant is not in arrears for in 
        either child support or maintenance or both payments, or 
        confirming that the person is in compliance with a written 
        payment plan regarding both current support and arrearages.  The 
        board may not issue or renew a license until the applicant 
        proves to the board's satisfaction that the applicant is current 
        in support payments and maintenance. 
           Sec. 14.  [256.996] [COOPERATION FOR THE CHILDREN PROGRAM.] 
           Subdivision 1.  [ESTABLISHMENT.] The commissioner of human 
        services, in consultation with a representative from the office 
        of administrative hearings and the office of the attorney 
        general and with input from community groups, shall develop and 
        implement the cooperation for the children program as an effort 
        to promote parental relationships with children.  The program 
        must be designed with three distinct components: 
           (1) addressing the needs of parents for educational 
        services pertaining to issues of child custody and visitation 
        arrangements; 
           (2) providing a nonjudicial forum to aid in the resolution 
        of custody and visitation issues through facilitation of written 
        agreements; and 
           (3) providing mediation services to resolve conflicts 
        related to custody and visitation issues, when appropriate. 
           Subd. 2.  [PROGRAM DESIGN.] (a) The cooperation for the 
        children program must be administered by the office of 
        administrative hearings and, by contract, implemented in 
        selected counties.  The program may accept referrals from the 
        district court, the child support administrative process, or 
        self-referral by individuals.  The program is voluntary to 
        participants and must be designed to provide services to 
        individuals who are parents by virtue of birth or adoption of a 
        child, individuals adjudicated as parents through a paternity 
        action or through the recognition of parentage process, or 
        individuals who have experienced a marriage dissolution.  The 
        program must be designed to screen all referrals for domestic 
        abuse.  The program must coordinate with existing agencies, such 
        as court services, to provide program services to parents.  If a 
        participating county operates a parenting education program, a 
        nonjudicial conflict resolution program, or a mediation program, 
        the cooperation for the children program must utilize the 
        existing programs to the greatest extent possible in an effort 
        to minimize costs.  
           (b) The voluntary issue resolution component of the 
        cooperation for the children program must facilitate the 
        parents' discussion of custody and visitation issues in 
        dispute.  If there are allegations or indications of domestic 
        abuse, the program shall allow the parents to attend separate 
        sessions with the program facilitator.  If agreement of both 
        parties is reached to the disputed issues through the program 
        and the agreement contains a sufficient factual basis to support 
        a finding that the terms are in the best interests of the 
        children, the agreement may be incorporated into a proposed 
        order by program counsel for submission to an administrative law 
        judge or district court judge for execution as a court order. 
           (c) The mediation component of the program must utilize 
        certified mediators who are competent in recognizing the 
        dynamics of domestic abuse and sensitive to the cultural issues 
        of the participants.  To provide services through the 
        cooperation for the children program, mediators must be approved 
        by the court in the participating county.  Relationships that 
        involve allegations or indications of domestic abuse are not 
        appropriate for mediation services through the cooperation for 
        the children program. 
           (d) In cases where no agreement is voluntarily reached 
        through the program, both parents must be provided with forms 
        sufficient to allow them access to the district court to seek 
        formal adjudication of the dispute. 
           Subd. 3.  [DEMONSTRATION.] The commissioner shall contract 
        with the office of administrative hearings and any county to 
        administer and operate a demonstration project of the 
        cooperation for the children program. 
           Subd. 4.  [EVALUATION.] By January 15, 1997, and every two 
        years after that, the office of administrative hearings shall 
        submit a report to the legislature that identifies the following 
        information relevant to the implementation of this section: 
           (1) the number of citizens offered and provided services by 
        the program; 
           (2) the circumstances in which the program provided 
        services, whether in paternity adjudications, situations 
        involving recognition of parentage executions, dissolutions, or 
        postdecree matters; 
           (3) the reduction in court actions, if any, resulting from 
        the use of the program; 
           (4) the effect of the program, if any, on the average time 
        period between case filing and final resolution in family law 
        cases filed in court in a participating county; and 
           (5) the cost of implementation and operation of the program 
        in the participating counties. 
           Sec. 15.  [256.997] [CHILD SUPPORT OBLIGOR COMMUNITY 
        SERVICE WORK EXPERIENCE PROGRAM.] 
           Subdivision 1.  [AUTHORIZATION.] The commissioner of human 
        services may contract with a county that operates a community 
        work experience program or a judicial district department of 
        corrections that operates a community work experience program to 
        include child support obligors who are physically able to work 
        and fail to pay child support as participants in the community 
        work experience program. 
           Subd. 2.  [LIMITATIONS.] (a) Except as provided in 
        paragraph (f), a person ordered to participate in a work program 
        under section 518.617 shall do so if services are available. 
           (b) A person may not be required to participate for more 
        than 32 hours per week in the program under this section. 
           (c) A person may not be required to participate for more 
        than six weeks for each finding of contempt. 
           (d) If a person is required by a governmental entity to 
        participate in another work or training program, the person may 
        not be required to participate in a program under this section 
        in a week for more than 32 hours minus the number of hours the 
        person is required to participate in the other work or training 
        program in that week. 
           (e) If a person is employed, the person may not be required 
        to participate in a program under this section in a week for 
        more than 80 percent of the difference between 40 hours and the 
        number of hours actually worked in the unsubsidized job during 
        that week, to a maximum of 32 hours. 
           (f) A person who works an average of 32 hours or more per 
        week in an unsubsidized job is not required to participate in a 
        program under this section. 
           Subd. 3.  [NOTICE TO COURT.] If a person does not complete 
        six weeks of participation in a program under this section, the 
        county operating the program shall inform the court 
        administrator, by affidavit, of that noncompletion. 
           Subd. 4.  [INJURY PROTECTION FOR WORK EXPERIENCE 
        PARTICIPANTS.] (a) This subdivision applies to payment of any 
        claims resulting from an alleged injury or death of a child 
        support obligor participating in a community work experience 
        program established and operated by a county or a judicial 
        district department of corrections under this section. 
           (b) Claims that are subject to this section must be 
        investigated by the county agency responsible for supervising 
        the work to determine whether the claimed injury occurred, 
        whether the claimed medical expenses are reasonable, and whether 
        the loss is covered by the claimant's insurance.  If insurance 
        coverage is established, the county agency shall submit the 
        claim to the appropriate insurance entity for payment. The 
        investigating county agency shall submit all valid claims, in 
        the amount net of any insurance payments, to the commissioner of 
        human services.  
           (c) The commissioner of human services shall submit all 
        claims for impairment compensation to the commissioner of labor 
        and industry.  The commissioner of labor and industry shall 
        review all submitted claims and recommend to the commissioner of 
        human services an amount of compensation comparable to what 
        would be provided under the impairment compensation schedule of 
        section 176.101, subdivision 3b. 
           (d) The commissioner of human services shall approve a 
        claim of $1,000 of less for payment if appropriated funds are 
        available, if the county agency responsible for supervising the 
        work has made the determinations required by this section, and 
        if the work program was operated in compliance with the safety 
        provisions of this section.  The commissioner shall pay the 
        portion of an approved claim of $1,000 or less that is not 
        covered by the claimant's insurance within three months of the 
        date of submission.  On or before February 1 of each year, the 
        commissioner shall submit to the appropriate committees of the 
        senate and the house of representatives a list of claims of 
        $1,000 or less paid during the preceding calendar year and shall 
        be reimbursed by legislative appropriation for any claims that 
        exceed the original appropriation provided to the commissioner 
        to operate this program.  Unspent money from this appropriation 
        carries over to the second year of the biennium, and any unspent 
        money remaining at the end of the second year must be returned 
        to the general fund.  On or before February 1 of each year, the 
        commissioner shall submit to the appropriate committees of the 
        senate and the house of representatives a list of claims in 
        excess of $1,000 and a list of claims of $1,000 or less that 
        were submitted to but not paid by the commissioner of human 
        services, together with any recommendations of appropriate 
        compensation.  These claims shall be heard and determined by the 
        appropriate committees of the senate and house of 
        representatives and, if approved, paid under the legislative 
        claims procedure. 
           (e) Compensation paid under this section is limited to 
        reimbursement for reasonable medical expenses and impairment 
        compensation for disability in like amounts as allowed in 
        section 176.101, subdivision 3b.  Compensation for injuries 
        resulting in death shall include reasonable medical expenses and 
        burial expenses in addition to payment to the participant's 
        estate in an amount not to exceed the limits set forth in 
        section 466.04.  Compensation may not be paid under this section 
        for pain and suffering, lost wages, or other benefits provided 
        in chapter 176.  Payments made under this section must be 
        reduced by any proceeds received by the claimant from any 
        insurance policy covering the loss.  For the purposes of this 
        section, "insurance policy" does not include the medical 
        assistance program authorized under chapter 256B or the general 
        assistance medical care program authorized under chapter 256D. 
           (f) The procedure established by this section is exclusive 
        of all other legal, equitable, and statutory remedies against 
        the state, its political subdivisions, or employees of the state 
        or its political subdivisions.  The claimant may not seek 
        damages from any state or county insurance policy or 
        self-insurance program. 
           (g) A claim is not valid for purposes of this subdivision 
        if the local agency responsible for supervising the work cannot 
        verify to the commissioner of human services: 
           (1) that appropriate safety training and information is 
        provided to all persons being supervised by the agency under 
        this subdivision; and 
           (2) that all programs involving work by those persons 
        comply with federal Occupational Safety and Health 
        Administration and state department of labor and industry safety 
        standards. 
           A claim that is not valid because of failure to verify 
        safety training or compliance with safety standards may not be 
        paid by the commissioner of human services or through the 
        legislative claims process and must be heard, decided, and paid, 
        if appropriate, by the local government unit responsible for 
        supervising the work of the claimant. 
           Subd. 5.  [TRANSPORTATION EXPENSES.] A county shall 
        reimburse a person for reasonable transportation costs incurred 
        because of participation in a program under this section, up to 
        a maximum of $25 per month. 
           Subd. 6.  [PAYMENT TO COUNTY.] The commissioner shall pay a 
        county $200 for each person who participates in the program 
        under this section in that county.  The county is responsible 
        for any additional costs of the program. 
           Sec. 16.  [256.9981] [WORK REPORTING SYSTEM.] 
           Subdivision 1.  [DEFINITIONS.] (a) The definitions in this 
        subdivision apply to this section. 
           (b) "Date of hiring" means the earlier of:  (1) the first 
        day for which an employee is owed compensation by an employer; 
        or (2) the first day that an employee reports to work or 
        performs labor or services for an employer. 
           (c) "Earnings" means payment owed by an employer for labor 
        or services rendered by an employee. 
           (d) "Employee" means a person who resides or works in 
        Minnesota and performs services for compensation, in whatever 
        form, for an employer.  Employee does not include persons hired 
        for domestic service in the private home of the employer, as 
        defined in the federal tax code.  
           (e) "Employer" means a person or entity located or doing 
        business in this state that employs one or more employees for 
        payment, and includes the state, political or other governmental 
        subdivisions of the state, and the federal government. 
           (f) "Hiring" means engaging a person to perform services 
        for compensation and includes the reemploying or return to work 
        of any previous employee who was laid off, furloughed, 
        separated, granted a leave without pay, or terminated from 
        employment. 
           Subd. 2.  [WORK REPORTING SYSTEM ESTABLISHED.] The 
        commissioner of human services shall establish a centralized 
        work reporting system for the purpose of receiving and 
        maintaining information from employers on newly hired or rehired 
        employees.  The commissioner of human services shall take 
        reasonable steps to inform the state's employers of the 
        requirements of this section and the acceptable processes by 
        which employers can comply with the requirements of this section.
           Subd. 3.  [DUTY TO REPORT.] Employers doing business in 
        this state shall report to the commissioner of human services 
        the hiring of any employee who resides or works in this state to 
        whom the employer anticipates paying earnings.  Employers shall 
        submit reports required under this subdivision within 15 
        calendar days of the date of hiring of the employee. 
           Employers are not required to report the hiring of any 
        person who will be employed for less than two months' duration; 
        and will have gross earnings less than $250 per month. 
           Subd. 4.  [MEANS TO REPORT.] Employers may report by 
        delivering, mailing, or telefaxing a copy of the employee's 
        federal W-4 form or W-9 form or any other document that contains 
        the required information, submitting electronic media in a 
        compatible format, toll-free telecommunication, or other means 
        authorized by the commissioner of human services that will 
        result in timely reporting.  
           Subd. 5.  [REPORT CONTENTS.] Reports required under this 
        section must contain:  
           (1) the employee's name, address, social security number, 
        and date of birth when available, which can be handwritten or 
        otherwise added to the W-4 form, W-9 form, or other document 
        submitted; and 
           (2) the employer's name, address, and federal 
        identification number.  
           Subd. 6.  [SANCTIONS.] If an employer fails to report under 
        this section, the commissioner of human services, by certified 
        mail, shall send the employer a written notice of noncompliance 
        requesting that the employer comply with the reporting 
        requirements of this section.  The notice of noncompliance must 
        explain the reporting procedure under this section and advise 
        the employer of the penalty for noncompliance.  An employer who 
        has received a notice of noncompliance and later incurs a second 
        violation is subject to a civil penalty of $50 for each 
        intentionally unreported employee.  An employer who has received 
        a notice of noncompliance and later incurs a third or subsequent 
        violation is subject to a civil penalty of $500 for each 
        intentionally unreported employee.  These penalties may be 
        imposed and collected by the commissioner of human services. 
           Subd. 7.  [ACCESS TO DATA.] The commissioner of human 
        services shall retain the information reported to the work 
        reporting system for a period of six months.  Data in the work 
        reporting system may be disclosed to the public authority 
        responsible for child support enforcement, federal agencies, and 
        state and local agencies of other states for the purposes of 
        enforcing state and federal laws governing child support. 
           Subd. 8.  [AUTHORITY TO CONTRACT.] The commissioner may 
        contract for services to carry out this section. 
           Subd. 9.  [INDEPENDENT CONTRACTORS.] The state and all 
        political subdivisions of the state, when acting in the capacity 
        of an employer, shall report the hiring of any person as an 
        independent contractor to the centralized work reporting system 
        in the same manner as the hiring of an employee is reported. 
           The attorney general and the commissioner of human services 
        shall work with representatives of the employment community and 
        industries that utilize independent contractors in the regular 
        course of business to develop a plan to include the reporting of 
        independent contractors by all employers to the centralized work 
        reporting system by July 1, 1996.  The attorney general and the 
        commissioner of human services shall present the resulting plan 
        in the form of proposed legislation to the legislature by 
        February 1, 1996. 
           Sec. 17.  Minnesota Statutes 1994, section 256H.02, is 
        amended to read: 
           256H.02 [DUTIES OF COMMISSIONER.] 
           The commissioner shall develop standards for county and 
        human services boards to provide child care services to enable 
        eligible families to participate in employment, training, or 
        education programs.  Within the limits of available 
        appropriations, the commissioner shall distribute money to 
        counties to reduce the costs of child care for eligible 
        families.  The commissioner shall adopt rules to govern the 
        program in accordance with this section.  The rules must 
        establish a sliding schedule of fees for parents receiving child 
        care services.  The rules shall provide that funds received as a 
        lump sum payment of child support arrearages shall not be 
        counted as income to a family in the month received but shall be 
        prorated over the 12 months following receipt and added to the 
        family income during those months.  In the rules adopted under 
        this section, county and human services boards shall be 
        authorized to establish policies for payment of child care 
        spaces for absent children, when the payment is required by the 
        child's regular provider.  The rules shall not set a maximum 
        number of days for which absence payments can be made, but 
        instead shall direct the county agency to set limits and pay for 
        absences according to the prevailing market practice in the 
        county.  County policies for payment of absences shall be 
        subject to the approval of the commissioner.  The commissioner 
        shall maximize the use of federal money under the AFDC 
        employment special needs program in section 256.736, subdivision 
        8, and other programs that provide federal reimbursement for 
        child care services for recipients of aid to families with 
        dependent children who are in education, training, job search, 
        or other activities allowed under those programs.  Money 
        appropriated under this section must be coordinated with the 
        AFDC employment special needs program and other programs that 
        provide federal reimbursement for child care services to 
        accomplish this purpose.  Federal reimbursement obtained must be 
        allocated to the county that spent money for child care that is 
        federally reimbursable under programs that provide federal 
        reimbursement for child care services.  The counties shall use 
        the federal money to expand child care services.  The 
        commissioner may adopt rules under chapter 14 to implement and 
        coordinate federal program requirements. 
           Sec. 18.  Minnesota Statutes 1994, section 257.66, 
        subdivision 4, is amended to read: 
           Subd. 4.  [STATUTE OF LIMITATIONS.] Support judgments or 
        orders ordinarily shall be for periodic payments which may vary 
        in amount. In the best interest of the child, a lump sum payment 
        may be ordered in lieu of periodic payments of support.  The 
        court shall limit the parent's liability for past support of the 
        child to the proportion of the expenses that the court deems 
        just, which were incurred in the two years immediately preceding 
        the commencement of the action.  In determining the amount of 
        the parent's liability for past support, the court may deviate 
        downward from the guidelines if:  
           (1) the child for whom child support is sought is more than 
        five years old and the obligor discovered or was informed of the 
        existence of the parent and child relationship within one year 
        of commencement of the action seeking child support; 
           (2) the obligor is a custodian for or pays support for 
        other children; and 
           (3) the obligor's family income is less than 175 percent of 
        the federal poverty level. 
           Sec. 19.  Minnesota Statutes 1994, section 518.171, 
        subdivision 2a, is amended to read: 
           Subd. 2a.  [EMPLOYER AND OBLIGOR NOTICE RESPONSIBILITY.] If 
        an individual is hired for employment, the employer shall 
        request that the individual disclose whether the individual has 
        court-ordered medical support obligations that are required by 
        law to be withheld from income and the terms of the court order, 
        if any.  The employer shall request that the individual disclose 
        whether the individual has been ordered by a court to provide 
        health and dental dependent insurance coverage.  The An 
        individual shall disclose this information at the time of hiring 
        .  If an individual discloses that if medical support is 
        required to be withheld, the.  If an employee discloses that 
        medical support is required to be withheld, the employer shall 
        begin withholding according to the terms of the order and 
        pursuant to section 518.611, subdivision 8.  If an individual 
        discloses an obligation to obtain health and dental dependent 
        insurance coverage and coverage is available through the 
        employer, the employer shall make all application processes 
        known to the individual upon hiring and enroll the employee and 
        dependent in the plan pursuant to subdivision 3. 
           Sec. 20.  Minnesota Statutes 1994, section 518.175, is 
        amended by adding a subdivision to read: 
           Subd. 8.  [CARE OF CHILD BY NONCUSTODIAL PARENT.] The court 
        may allow additional visitation to the noncustodial parent to 
        provide child care while the custodial parent is working if this 
        arrangement is reasonable and in the best interests of the 
        child, as defined in section 518.17, subdivision 1.  In 
        addition, the court shall consider: 
           (1) the ability of the parents to cooperate; 
           (2) methods for resolving disputes regarding the care of 
        the child, and the parents' willingness to use those methods; 
        and 
           (3) whether domestic abuse, as defined in section 518B.01, 
        has occurred between the parties. 
           Sec. 21.  Minnesota Statutes 1994, section 518.18, is 
        amended to read: 
           518.18 [MODIFICATION OF ORDER.] 
           (a) Unless agreed to in writing by the parties, no motion 
        to modify a custody order may be made earlier than one year 
        after the date of the entry of a decree of dissolution or legal 
        separation containing a provision dealing with custody, except 
        in accordance with paragraph (c). 
           (b) If a motion for modification has been heard, whether or 
        not it was granted, unless agreed to in writing by the parties 
        no subsequent motion may be filed within two years after 
        disposition of the prior motion on its merits, except in 
        accordance with paragraph (c). 
           (c) The time limitations prescribed in paragraphs (a) and 
        (b) shall not prohibit a motion to modify a custody order if the 
        court finds that there is persistent and willful denial or 
        interference with visitation, or has reason to believe that the 
        child's present environment may endanger the child's physical or 
        emotional health or impair the child's emotional development. 
           (d) If the court has jurisdiction to determine child 
        custody matters, the court shall not modify a prior custody 
        order unless it finds, upon the basis of facts, including 
        unwarranted denial of, or interference with, a duly established 
        visitation schedule, that have arisen since the prior order or 
        that were unknown to the court at the time of the prior order, 
        that a change has occurred in the circumstances of the child or 
        the parties and that the modification is necessary to serve the 
        best interests of the child.  In applying these standards the 
        court shall retain the custody arrangement established by the 
        prior order unless: 
           (i) both parties agree to the modification; 
           (ii) the child has been integrated into the family of the 
        petitioner with the consent of the other party; or 
           (iii) the child's present environment endangers the child's 
        physical or emotional health or impairs the child's emotional 
        development and the harm likely to be caused by a change of 
        environment is outweighed by the advantage of a change to the 
        child.  
           In addition, a court may modify a custody order under 
        section 631.52.  
           (e) In deciding whether to modify a prior joint custody 
        order, the court shall apply the standards set forth in 
        paragraph (d) unless:  (1) the parties agree in writing to the 
        application of a different standard, or (2) the party seeking 
        the modification is asking the court for permission to move the 
        residence of the child to another state. 
           (f) If a custodial parent has been granted sole physical 
        custody of a minor and the child subsequently lives with the 
        noncustodial parent, and temporary sole physical custody has 
        been approved by the court or by a court-appointed referee, the 
        court may suspend the noncustodial parent's child support 
        obligation pending the final custody determination.  The court's 
        order denying the suspension of child support must include a 
        written explanation of the reasons why continuation of the child 
        support obligation would be in the best interests of the child. 
           Sec. 22.  Minnesota Statutes 1994, section 518.24, is 
        amended to read: 
           518.24 [SECURITY; SEQUESTRATION; CONTEMPT.] 
           In all cases when maintenance or support payments are 
        ordered, the court may require sufficient security to be given 
        for the payment of them according to the terms of the order.  
        Upon neglect or refusal to give security, or upon failure to pay 
        the maintenance or support, the court may sequester the 
        obligor's personal estate and the rents and profits of real 
        estate of the obligor, and appoint a receiver of them.  The 
        court may cause the personal estate and the rents and profits of 
        the real estate to be applied according to the terms of the 
        order.  The obligor is presumed to have an income from a source 
        sufficient to pay the maintenance or support order.  A child 
        support or maintenance order constitutes prima facie evidence 
        that the obligor has the ability to pay the award.  If the 
        obligor disobeys the order, it is prima facie evidence of 
        contempt.  The court may cite the obligor for contempt under 
        this section, section 518.617, or chapter 588. 
           Sec. 23.  Minnesota Statutes 1994, section 518.551, 
        subdivision 5, is amended to read: 
           Subd. 5.  [NOTICE TO PUBLIC AUTHORITY; GUIDELINES.] (a) The 
        petitioner shall notify the public authority of all proceedings 
        for dissolution, legal separation, determination of parentage or 
        for the custody of a child, if either party is receiving aid to 
        families with dependent children or applies for it subsequent to 
        the commencement of the proceeding.  The notice must contain the 
        full names of the parties to the proceeding, their social 
        security account numbers, and their birth dates.  After receipt 
        of the notice, the court shall set child support as provided in 
        this subdivision.  The court may order either or both parents 
        owing a duty of support to a child of the marriage to pay an 
        amount reasonable or necessary for the child's support, without 
        regard to marital misconduct.  The court shall approve a child 
        support stipulation of the parties if each party is represented 
        by independent counsel, unless the stipulation does not meet the 
        conditions of paragraph (i).  In other cases the court shall 
        determine and order child support in a specific dollar amount in 
        accordance with the guidelines and the other factors set forth 
        in paragraph (b) and any departure therefrom.  The court may 
        also order the obligor to pay child support in the form of a 
        percentage share of the obligor's net bonuses, commissions, or 
        other forms of compensation, in addition to, or if the obligor 
        receives no base pay, in lieu of, an order for a specific dollar 
        amount. 
           (b) The court shall derive a specific dollar amount for 
        child support by multiplying the obligor's net income by the 
        percentage indicated by the following guidelines:  
        Net Income Per            Number of Children 
        Month of Obligor 
                      1     2     3     4     5     6    7 or 
                                                         more 
        $550 and Below     Order based on the ability of the 
                           obligor to provide support  
                           at these income levels, or at higher  
                           levels, if the obligor has 
                           the earning ability. 
        $551 - 600   16%   19%   22%   25%   28%   30%   32% 
        $601 - 650   17%   21%   24%   27%   29%   32%   34% 
        $651 - 700   18%   22%   25%   28%   31%   34%   36% 
        $701 - 750   19%   23%   27%   30%   33%   36%   38% 
        $751 - 800   20%   24%   28%   31%   35%   38%   40% 
        $801 - 850   21%   25%   29%   33%   36%   40%   42% 
        $851 - 900   22%   27%   31%   34%   38%   41%   44% 
        $901 - 950   23%   28%   32%   36%   40%   43%   46% 
        $951 - 1000  24%   29%   34%   38%   41%   45%   48% 
        $1001- 5000  25%   30%   35%   39%   43%   47%   50% 
        or the amount 
        in effect under
        paragraph (k)
           Guidelines for support for an obligor with a monthly income 
        in excess of the income limit currently in effect under 
        paragraph (k) shall be the same dollar amounts as provided for 
        in the guidelines for an obligor with a monthly income equal to 
        the limit in effect. 
        Net Income defined as: 
                 
                 Total monthly 
                 income less           *(i) Federal Income Tax 
                                      *(ii) State Income Tax 
                                      (iii) Social Security
                                             Deductions 
                                       (iv) Reasonable
                                             Pension Deductions
                 *Standard 
                 Deductions apply-      (v) Union Dues 
                 use of tax tables     (vi) Cost of Dependent Health
                 recommended                 Insurance Coverage  
                                      (vii) Cost of Individual or Group
                                             Health/Hospitalization
                                             Coverage or an        
                                             Amount for Actual 
                                             Medical Expenses   
                                     (viii) A Child Support or  
                                             Maintenance Order that is
                                             Currently Being Paid. 
           "Net income" does not include: 
           (1) the income of the obligor's spouse, but does include 
        in-kind payments received by the obligor in the course of 
        employment, self-employment, or operation of a business if the 
        payments reduce the obligor's living expenses; or 
           (2) compensation received by a party for employment in 
        excess of a 40-hour work week, provided that: 
           (i) support is nonetheless ordered in an amount at least 
        equal to the guidelines amount based on income not excluded 
        under this clause; and 
           (ii) the party demonstrates, and the court finds, that: 
           (A) the excess employment began after the filing of the 
        petition for dissolution; 
           (B) the excess employment reflects an increase in the work 
        schedule or hours worked over that of the two years immediately 
        preceding the filing of the petition; 
           (C) the excess employment is voluntary and not a condition 
        of employment; 
           (D) the excess employment is in the nature of additional, 
        part-time or overtime employment compensable by the hour or 
        fraction of an hour; and 
           (E) the party's compensation structure has not been changed 
        for the purpose of affecting a support or maintenance obligation.
           The court shall review the work-related and 
        education-related child care costs paid and shall allocate the 
        costs to each parent in proportion to each parent's net income, 
        as determined under this subdivision, after the transfer of 
        child support and spousal maintenance, unless the allocation 
        would be substantially unfair to either parent.  There is a 
        presumption of substantial unfairness if after the sum total of 
        child support, spousal maintenance, and child care costs is 
        subtracted from the noncustodial parent's income, the income is 
        at or below 100 percent of the federal poverty guidelines.  The 
        cost of child care for purposes of this paragraph is 75 percent 
        of the actual cost paid for child care, to reflect the 
        approximate value of state and federal tax credits available to 
        the custodial parent.  The actual cost paid for child care is 
        the total amount received by the child care provider for the 
        child or children of the obligor from the obligee or any public 
        agency.  The court shall require verification of employment or 
        school attendance and documentation of child care expenses from 
        the obligee and the public agency, if applicable.  If child care 
        expenses fluctuate during the year because of seasonal 
        employment or school attendance of the obligee or extended 
        periods of visitation with the obligor, the court shall 
        determine child care expenses based on an average monthly cost.  
        The amount allocated for child care expenses is considered child 
        support but is not subject to a cost-of-living adjustment under 
        section 518.641.  The amount allocated for child care expenses 
        terminates when the child care costs end either party notifies 
        the public authority that the child care costs have ended and 
        without any legal action on the part of either party.  The 
        public authority shall verify the information received under 
        this provision before authorizing termination.  The termination 
        is effective as of the date of the notification.  In other cases 
        where there is a substantial increase or decrease in child care 
        expenses, the parties may modify the order under section 518.64. 
           The court may allow the noncustodial parent to care for the 
        child while the custodial parent is working, as provided in 
        section 518.175, subdivision 8.  Allowing the noncustodial 
        parent to care for the child under section 518.175, subdivision 
        8, is not a reason to deviate from the guidelines. 
           (c) In addition to the child support guidelines, the court 
        shall take into consideration the following factors in setting 
        or modifying child support or in determining whether to deviate 
        from the guidelines: 
           (1) all earnings, income, and resources of the parents, 
        including real and personal property, but excluding income from 
        excess employment of the obligor or obligee that meets the 
        criteria of paragraph (b), clause (2)(ii); 
           (2) the financial needs and resources, physical and 
        emotional condition, and educational needs of the child or 
        children to be supported; 
           (3) the standards of living the child would have enjoyed 
        had the marriage not been dissolved, but recognizing that the 
        parents now have separate households; 
           (4) which parent receives the income taxation dependency 
        exemption and what financial benefit the parent receives from 
        it; 
           (5) the parents' debts as provided in paragraph (d); and 
           (6) the obligor's receipt of assistance under sections 
        256.72 to 256.87 or 256B.01 to 256B.40.  
           (d) In establishing or modifying a support obligation, the 
        court may consider debts owed to private creditors, but only if: 
           (1) the right to support has not been assigned under 
        section 256.74; 
           (2) the court determines that the debt was reasonably 
        incurred for necessary support of the child or parent or for the 
        necessary generation of income.  If the debt was incurred for 
        the necessary generation of income, the court shall consider 
        only the amount of debt that is essential to the continuing 
        generation of income; and 
           (3) the party requesting a departure produces a sworn 
        schedule of the debts, with supporting documentation, showing 
        goods or services purchased, the recipient of them, the amount 
        of the original debt, the outstanding balance, the monthly 
        payment, and the number of months until the debt will be fully 
        paid. 
           (e) Any schedule prepared under paragraph (d), clause (3), 
        shall contain a statement that the debt will be fully paid after 
        the number of months shown in the schedule, barring emergencies 
        beyond the party's control.  
           (f) Any further departure below the guidelines that is 
        based on a consideration of debts owed to private creditors 
        shall not exceed 18 months in duration, after which the support 
        shall increase automatically to the level ordered by the court.  
        Nothing in this section shall be construed to prohibit one or 
        more step increases in support to reflect debt retirement during 
        the 18-month period.  
           (g) If payment of debt is ordered pursuant to this section, 
        the payment shall be ordered to be in the nature of child 
        support.  
           (h) Nothing shall preclude the court from receiving 
        evidence on the above factors to determine if the guidelines 
        should be exceeded or modified in a particular case.  
           (i) The guidelines in this subdivision are a rebuttable 
        presumption and shall be used in all cases when establishing or 
        modifying child support.  If the court does not deviate from the 
        guidelines, the court shall make written findings concerning the 
        amount of the obligor's income used as the basis for the 
        guidelines calculation and any other significant evidentiary 
        factors affecting the determination of child support.  If the 
        court deviates from the guidelines, the court shall make written 
        findings giving the amount of support calculated under the 
        guidelines, the reasons for the deviation, and shall 
        specifically address the criteria in paragraph (b) and how the 
        deviation serves the best interest of the child.  The court may 
        deviate from the guidelines if both parties agree and the court 
        makes written findings that it is in the best interests of the 
        child, except that in cases where child support payments are 
        assigned to the public agency under section 256.74, the court 
        may deviate downward only as provided in paragraph (j).  Nothing 
        in this paragraph prohibits the court from deviating in other 
        cases.  The provisions of this paragraph apply whether or not 
        the parties are each represented by independent counsel and have 
        entered into a written agreement.  The court shall review 
        stipulations presented to it for conformity to the guidelines 
        and the court is not required to conduct a hearing, but the 
        parties shall provide the documentation of earnings required 
        under subdivision 5b. 
           (j) If the child support payments are assigned to the 
        public agency under section 256.74, the court may not deviate 
        downward from the child support guidelines unless the court 
        specifically finds that the failure to deviate downward would 
        impose an extreme hardship on the obligor. 
           (k) The dollar amount of the income limit for application 
        of the guidelines must be adjusted on July 1 of every 
        even-numbered year to reflect cost-of-living changes.  The 
        supreme court shall select the index for the adjustment from the 
        indices listed in section 518.641.  The state court 
        administrator shall make the changes in the dollar amount 
        required by this paragraph available to courts and the public on 
        or before April 30 of the year in which the amount is to change. 
           Sec. 24.  Minnesota Statutes 1994, section 518.551, 
        subdivision 12, is amended to read: 
           Subd. 12.  [OCCUPATIONAL LICENSE SUSPENSION.] (a) Upon 
        petition motion of an obligee, if the court finds that the 
        obligor is or may be licensed by a licensing board listed in 
        section 214.01 or other state agency or board that issues an 
        occupational license and the obligor is in arrears in 
        court-ordered child support or maintenance payments or both in 
        an amount equal to or greater than three times the obligor's 
        total monthly support and maintenance payments and is not in 
        compliance with a written payment agreement regarding both 
        current support and arrearages approved by the court, an 
        administrative law judge, or the public authority, the 
        administrative law judge, or the court may shall direct the 
        licensing board or other licensing agency to conduct a hearing 
        suspend the license under section 214.101 concerning suspension 
        of the obligor's license.  The court's order must be stayed for 
        90 days in order to allow the obligor to execute a written 
        payment agreement regarding both current support and 
        arrearages.  The payment agreement must be approved by either 
        the court or the public authority responsible for child support 
        enforcement.  If the obligor has not executed or is not in 
        compliance with a written payment agreement regarding both 
        current support and arrearages after the 90 days expires, the 
        court's order becomes effective.  If the obligor is a licensed 
        attorney, the court may shall report the matter to the lawyers 
        professional responsibility board for appropriate action in 
        accordance with the rules of professional conduct.  The remedy 
        under this subdivision is in addition to any other enforcement 
        remedy available to the court. 
           (b) If a public agency authority responsible for child 
        support enforcement finds that the obligor is or may be licensed 
        by a licensing board listed in section 214.01 or other state 
        agency or board that issues an occupational license and the 
        obligor is in arrears in court-ordered child support or 
        maintenance payments or both in an amount equal to or greater 
        than three times the obligor's total monthly support and 
        maintenance payments and is not in compliance with a written 
        payment agreement regarding both current support and arrearages 
        approved by the court, an administrative law judge, or the 
        public authority, the court, an administrative law judge, or the 
        public agency may authority shall direct the licensing board or 
        other licensing agency to conduct a hearing suspend the license 
        under section 214.101 concerning suspension of the obligor's 
        license.  If the obligor is a licensed attorney, the 
        public agency authority may report the matter to the lawyers 
        professional responsibility board for appropriate action in 
        accordance with the rules of professional conduct.  The remedy 
        under this subdivision is in addition to any other enforcement 
        remedy available to the public agency authority. 
           (c) At least 90 days before notifying a licensing authority 
        or the lawyers professional responsibility board under paragraph 
        (b), the public authority shall mail a written notice to the 
        license holder addressed to the license holder's last known 
        address that the public authority intends to seek license 
        suspension under this subdivision and that the license holder 
        must request a hearing within 30 days in order to contest the 
        suspension.  If the license holder makes a written request for a 
        hearing within 30 days of the date of the notice, either a court 
        hearing or a contested administrative proceeding must be held 
        under section 518.5511, subdivision 4.  Notwithstanding any law 
        to the contrary, the license holder must be served with 14 days' 
        notice in writing specifying the time and place of the hearing 
        and the allegations against the license holder.  The notice may 
        be served personally or by mail.  If the public authority does 
        not receive a request for a hearing within 30 days of the date 
        of the notice, and the obligor does not execute a written 
        payment agreement regarding both current support and arrearages 
        approved by the court, an administrative law judge or the public 
        authority with 90 days of the date of the notice, the public 
        authority shall direct the licensing board or other licensing 
        agency to suspend the obligor's license under paragraph (b), or 
        shall report the matter to the lawyers professional 
        responsibility board. 
           (d) The administrative law judge, on behalf of the public 
        authority, or the court shall notify the lawyers professional 
        responsibility board for appropriate action in accordance with 
        the rules of professional responsibility conduct or order the 
        licensing board or licensing agency to suspend the license if 
        the judge finds that: 
           (1) the person is licensed by a licensing board or other 
        state agency that issues an occupational license; 
           (2) the person has not made full payment of arrearages 
        found to be due by the public authority; and 
           (3) the person has not executed or is not in compliance 
        with a payment plan approved by the court, an administrative law 
        judge, or the public authority. 
           (e) Within 15 days of the date on which the obligor either 
        makes full payment of arrearages found to be due by the court or 
        public authority or executes and initiates good faith compliance 
        with a written payment plan approved by the court, an 
        administrative law judge, or the public authority, the court, an 
        administrative law judge, or the public authority responsible 
        for child support enforcement shall notify the licensing board 
        or licensing agency or the lawyers professional responsibility 
        board that the obligor is no longer ineligible for license 
        issuance, reinstatement, or renewal under this subdivision. 
           Sec. 25.  Minnesota Statutes 1994, section 518.551, is 
        amended by adding a subdivision to read: 
           Subd. 13.  [DRIVER'S LICENSE SUSPENSION.] (a) Upon motion 
        of an obligee, which has been properly served on the obligor and 
        upon which there has been an opportunity for hearing, if a court 
        finds that the obligor has been or may be issued a driver's 
        license by the commissioner of public safety and the obligor is 
        in arrears in court-ordered child support or maintenance 
        payments, or both, in an amount equal to or greater than three 
        times the obligor's total monthly support and maintenance 
        payments and is not in compliance with a written payment 
        agreement regarding both current support and arrearages approved 
        by the court, an administrative law judge, or the public 
        authority, the court shall order the commissioner of public 
        safety to suspend the obligor's driver's license.  The court's 
        order must be stayed for 90 days in order to allow the obligor 
        to execute a written payment agreement regarding both current 
        support and arrearages, which payment agreement must be approved 
        by either the court or the public authority responsible for 
        child support enforcement.  If the obligor has not executed or 
        is not in compliance with a written payment agreement regarding 
        both current support and arrearages after the 90 days expires, 
        the court's order becomes effective and the commissioner of 
        public safety shall suspend the obligor's driver's license.  The 
        remedy under this subdivision is in addition to any other 
        enforcement remedy available to the court.  An obligee may not 
        bring a motion under this paragraph within 12 months of a denial 
        of a previous motion under this paragraph. 
           (b) If a public authority responsible for child support 
        enforcement determines that the obligor has been or may be 
        issued a driver's license by the commissioner of public safety 
        and the obligor is in arrears in court-ordered child support or 
        maintenance payments or both in an amount equal to or greater 
        than three times the obligor's total monthly support and 
        maintenance payments and not in compliance with a written 
        payment agreement regarding both current support and arrearages 
        approved by the court, an administrative law judge, or the 
        public authority, the public authority shall direct the 
        commissioner of public safety to suspend the obligor's driver's 
        license.  The remedy under this subdivision is in addition to 
        any other enforcement remedy available to the public authority. 
           (c) At least 90 days prior to notifying the commissioner of 
        public safety pursuant to paragraph (b), the public authority 
        must mail a written notice to the obligor at the obligor's last 
        known address, that it intends to seek suspension of the 
        obligor's driver's license and that the obligor must request a 
        hearing within 30 days in order to contest the suspension.  If 
        the obligor makes a written request for a hearing within 30 days 
        of the date of the notice, either a court hearing or a contested 
        administrative proceeding must be held under section 518.5511, 
        subdivision 4.  Notwithstanding any law to the contrary, the 
        obligor must be served with 14 days' notice in writing 
        specifying the time and place of the hearing and the allegations 
        against the obligor.  The notice may be served personally or by 
        mail.  If the public authority does not receive a request for a 
        hearing within 30 days of the date of the notice, and the 
        obligor does not execute a written payment agreement regarding 
        both current support and arrearages approved by the court, an 
        administrative law judge, or the public authority within 90 days 
        of the date of the notice, the public authority shall direct the 
        commissioner of public safety to suspend the obligor's driver's 
        license under paragraph (b). 
           (d) At a hearing requested by the obligor under paragraph 
        (c), and on finding that the obligor is in arrears in 
        court-ordered child support or maintenance payments or both in 
        an amount equal to or greater than three times the obligor's 
        total monthly support and maintenance payments, the district 
        court or the administrative law judge shall order the 
        commissioner of public safety to suspend the obligor's driver's 
        license or operating privileges unless the court or 
        administrative law judge determines that the obligor has 
        executed and is in compliance with a written payment agreement 
        regarding both current support and arrearages approved by the 
        court, an administrative law judge, or the public authority. 
           (e) An obligor whose driver's license or operating 
        privileges are suspended may provide proof to the court or the 
        public authority responsible for child support enforcement that 
        the obligor is in compliance with all written payment agreements 
        regarding both current support and arrearages.  Within 15 days 
        of the receipt of that proof, the court or public authority 
        shall inform the commissioner of public safety that the 
        obligor's driver's license or operating privileges should no 
        longer be suspended. 
           (f) On January 15, 1997, and every two years after that, 
        the commissioner of human services shall submit a report to the 
        legislature that identifies the following information relevant 
        to the implementation of this section: 
           (1) the number of child support obligors notified of an 
        intent to suspend a driver's license; 
           (2) the amount collected in payments from the child support 
        obligors notified of an intent to suspend a driver's license; 
           (3) the number of cases paid in full and payment agreements 
        executed in response to notification of an intent to suspend a 
        driver's license; 
           (4) the number of cases in which there has been 
        notification and no payments or payment agreements; 
           (5) the number of driver's licenses suspended; and 
           (6) the cost of implementation and operation of the 
        requirements of this section. 
           Sec. 26.  Minnesota Statutes 1994, section 518.551, is 
        amended by adding a subdivision to read: 
           Subd. 14.  [MOTOR VEHICLE LIEN.] (a) Upon motion of an 
        obligee, if a court finds that the obligor is the registered 
        owner of a motor vehicle and the obligor is a debtor for a 
        judgment debt resulting from nonpayment of court-ordered child 
        support or maintenance payments, or both, in an amount equal to 
        or greater than three times the obligor's total monthly support 
        and maintenance payments, the court shall order the commissioner 
        of public safety to enter a lien in the name of the obligee or 
        in the name of the state of Minnesota, as appropriate, in 
        accordance with section 168A.05, subdivision 8, unless the court 
        finds that the obligor is in compliance with a written payment 
        agreement regarding both current support and arrearages approved 
        by the court, an administrative law judge, or the public 
        authority or that the obligor's interest in the motor vehicle is 
        valued at less than $4,500.  The court's order must be stayed 
        for 90 days in order to allow the obligor to either execute a 
        written payment agreement regarding both current support and 
        arrearages, which agreement shall be approved by either the 
        court or the public authority responsible for child support 
        enforcement, or to allow the obligor to demonstrate that the 
        ownership interest in the motor vehicle is valued at less than 
        $4,500.  If the obligor has not executed or is not in compliance 
        with a written payment agreement regarding both current support 
        and arrearages approved by the court, an administrative law 
        judge, or the public authority or has not demonstrated that the 
        ownership interest in the motor vehicle is valued at less than 
        $4,500 within the 90-day period, the court's order becomes 
        effective and the commissioner of public safety shall record the 
        lien.  The remedy under this subdivision is in addition to any 
        other enforcement remedy available to the court. 
           (b) If a public authority responsible for child support 
        enforcement determines that the obligor is the registered owner 
        of a motor vehicle and the obligor is a debtor for judgment debt 
        resulting from nonpayment of court-ordered child support or 
        maintenance payments, or both, in an amount equal to or greater 
        than three times the obligor's total monthly support and 
        maintenance payments, the public authority shall direct the 
        commissioner of public safety to enter a lien in the name of the 
        obligee or in the name of the state of Minnesota, as 
        appropriate, under section 168A.05, subdivision 8, unless the 
        public authority determines that the obligor is in compliance 
        with a written payment agreement regarding both current support 
        and arrearages approved by the court, an administrative law 
        judge, or the public authority or that the obligor's ownership 
        interest in the motor vehicle is valued at less than $4,500.  
        The remedy under this subdivision is in addition to any other 
        enforcement remedy available to the public agency. 
           (c) At least 90 days prior to notifying the commissioner of 
        public safety pursuant to paragraph (b), the public authority 
        must mail a written notice to the obligor at the obligor's last 
        known address, that it intends to record a lien on the obligor's 
        motor vehicle certificate of title and that the obligor must 
        request a hearing within 30 days in order to contest the 
        action.  If the obligor makes a written request for a hearing 
        within 30 days of the date of the notice, either a court hearing 
        or a contested administrative proceeding must be held under 
        section 518.5511, subdivision 4.  Notwithstanding any law to the 
        contrary, the obligor must be served with 14 day's notice in 
        writing specifying the time and place of the hearing and the 
        allegations against the obligor.  The notice may be served 
        personally or by mail.  If the public authority does not receive 
        a request for a hearing within 30 days of the date of the notice 
        and the obligor does not execute a written payment agreement 
        regarding both current support and arrearages approved by the 
        court, an administrative law judge, or the public authority or 
        demonstrate to the public authority that the obligor's ownership 
        interest in the motor vehicle is valued at less than $4,500 
        within 90 days of the date of the notice, the public authority 
        shall direct the commissioner of public safety to record the 
        lien under paragraph (b). 
           (d) At a hearing requested by the obligor under paragraph 
        (c), and on finding that the obligor is in arrears in 
        court-ordered child support or maintenance payments or both in 
        an amount equal to or greater than three times the obligor's 
        total monthly support and maintenance payments, the district 
        court or the administrative law judge shall order the 
        commissioner of public safety to record the lien unless the 
        court or administrative law judge determines that: 
           (1) the obligor has executed and is in compliance with a 
        written payment agreement regarding both current support and 
        arrearages determined to be acceptable by the court, an 
        administrative law judge, or the public authority; or 
           (2) the obligor has demonstrated that the ownership 
        interest in the motor vehicle is valued at less than $4,500. 
           (e) An obligor who has had a lien recorded against a motor 
        vehicle certificate of title may provide proof to the court or 
        the public authority responsible for child support enforcement 
        that the obligor is in compliance with all written payment 
        agreements regarding both current support and arrearages.  
        Within 15 days of the receipt of that proof, the court or public 
        authority shall execute a release of security interest under 
        section 168A.20, subdivision 4, and mail or deliver the release 
        to the owner or other authorized person.  The dollar amounts in 
        this section shall change periodically in the manner provided in 
        section 550.37, subdivision 4a. 
           Sec. 27.  [518.553] [PAYMENT AGREEMENTS.] 
           In proposing or approving proposed written payment 
        agreements for purposes of section 518.551, the court, an 
        administrative law judge, or the public authority shall take 
        into consideration the amount of the arrearages, the amount of 
        the current support order, any pending request for modification, 
        and the earnings of the obligor. 
           Sec. 28.  Minnesota Statutes 1994, section 518.613, is 
        amended by adding a subdivision to read: 
           Subd. 8.  [INTEREST ON AMOUNT WRONGFULLY WITHHELD.] If an 
        excessive amount of child support is wrongfully withheld from 
        the obligor's income because of an error by the public 
        authority, the public authority shall pay interest based on the 
        rate under section 549.09 on the amount wrongfully withheld from 
        the time of the withholding until it is repaid to the obligor. 
           Sec. 29.  [518.616] [ADMINISTRATIVE SEEK EMPLOYMENT 
        ORDERS.] 
           Subdivision 1.  [COURT ORDER.] For any support order being 
        enforced by the public authority, the public authority may seek 
        a court order requiring the obligor to seek employment if:  
           (1) employment of the obligor cannot be verified; 
           (2) the obligor is in arrears in court-ordered child 
        support or maintenance payments or both in an amount equal to or 
        greater than three times the obligor's total monthly support and 
        maintenance payments; and 
           (3) the obligor is not in compliance with a written payment 
        plan.  
           Upon proper notice being given to the obligor, the court 
        may enter a seek employment order if it finds that the obligor 
        has not provided proof of gainful employment and has not 
        consented to an order for income withholding under section 
        518.611 or 518.613 or entered into a written payment plan 
        approved by the court, an administrative law judge, or the 
        public authority.  
           Subd. 2.  [CONTENTS OF ORDER.] The order to seek employment 
        shall:  
           (1) order that the obligor seek employment within a 
        determinate amount of time; 
           (2) order that the obligor file with the public authority 
        on a weekly basis a report of at least five new attempts to find 
        employment or of having found employment, which report must 
        include the names, addresses, and telephone numbers of any 
        employers or businesses with whom the obligor attempted to seek 
        employment and the name of the individual contact to whom the 
        obligor made application for employment or to whom an inquiry 
        was directed; 
           (3) notify the obligor that failure to comply with the 
        order is evidence of a willful failure to pay support under 
        section 518.617; 
           (4) order that the obligor provide the public authority 
        with verification of any reason for noncompliance with the 
        order; and 
           (5) specify the duration of the order, not to exceed three 
        months.  
           Sec. 30.  [518.617] [CONTEMPT PROCEEDINGS FOR NONPAYMENT OF 
        SUPPORT.] 
           Subdivision 1.  [GROUNDS.] If a person against whom an 
        order or decree for support has been entered under this chapter, 
        chapter 256, or a comparable law from another jurisdiction, is 
        in arrears in court-ordered child support or maintenance 
        payments in an amount equal to or greater than three times the 
        obligor's total monthly support and maintenance payments and is 
        not in compliance with a written payment plan approved by the 
        court, an administrative law judge, or the public authority, the 
        person may be cited and punished by the court for contempt under 
        section 518.64, chapter 588, or this section.  Failure to comply 
        with a seek employment order entered under section 518.616 is 
        evidence of willful failure to pay support.  
           Subd. 2.  [COURT OPTIONS.] (a) If a court cites a person 
        for contempt under this section, and the obligor lives in a 
        county that contracts with the commissioner of human services 
        under section 256.997, the court may order the performance of 
        community service work up to 32 hours per week for six weeks for 
        each finding of contempt if the obligor:  
           (1) is able to work full time; 
           (2) works an average of less than 32 hours per week; and 
           (3) has actual weekly gross income averaging less than 40 
        times the federal minimum hourly wage under United States Code, 
        title 29, section 206(a)(1), or is voluntarily earning less than 
        the obligor has the ability to earn, as determined by the court. 
           An obligor is presumed to be able to work full time.  The 
        obligor has the burden of proving inability to work full time.  
           (b) A person ordered to do community service work under 
        paragraph (a) may, during the six-week period, apply to the 
        court, an administrative law judge, or the public authority to 
        be released from the community service work requirement if the 
        person: 
           (1) provides proof to the court, an administrative law 
        judge, or the public authority that the person is gainfully 
        employed and submits to an order for income withholding under 
        section 518.611 or 518.613; 
           (2) enters into a written payment plan regarding both 
        current support and arrearages approved by the court, an 
        administrative law judge, or the public authority; or 
           (3) provides proof to the court, an administrative law 
        judge, or the public authority that, subsequent to entry of the 
        order, the person's circumstances have so changed that the 
        person is no longer able to fulfill the terms of the community 
        service order. 
           Subd. 3.  [CONTINUING OBLIGATIONS.] The performance of 
        community service work does not relieve a child support obligor 
        of any unpaid accrued or accruing support obligation. 
           Sec. 31.  Minnesota Statutes 1994, section 518.64, 
        subdivision 2, is amended to read: 
           Subd. 2.  [MODIFICATION.] (a) The terms of an order 
        respecting maintenance or support may be modified upon a showing 
        of one or more of the following:  (1) substantially increased or 
        decreased earnings of a party; (2) substantially increased or 
        decreased need of a party or the child or children that are the 
        subject of these proceedings; (3) receipt of assistance under 
        sections 256.72 to 256.87 or 256B.01 to 256B.40; (4) a change in 
        the cost of living for either party as measured by the federal 
        bureau of statistics, any of which makes the terms unreasonable 
        and unfair; (5) extraordinary medical expenses of the child not 
        provided for under section 518.171; or (6) the addition of 
        work-related or education-related child care expenses of the 
        obligee or a substantial increase or decrease in existing 
        work-related or education-related child care expenses.  
           It is presumed that there has been a substantial change in 
        circumstances under clause (1), (2), or (4) and the terms of a 
        current support order shall be rebuttably presumed to be 
        unreasonable and unfair if the application of the child support 
        guidelines in section 518.551, subdivision 5, to the current 
        circumstances of the parties results in a calculated court order 
        that is at least 20 percent and at least $50 per month higher or 
        lower than the current support order.  
           (b) On a motion for modification of maintenance, including 
        a motion for the extension of the duration of a maintenance 
        award, the court shall apply, in addition to all other relevant 
        factors, the factors for an award of maintenance under section 
        518.552 that exist at the time of the motion.  On a motion for 
        modification of support, the court:  
           (1) shall apply section 518.551, subdivision 5, and shall 
        not consider the financial circumstances of each party's spouse, 
        if any; and 
           (2) shall not consider compensation received by a party for 
        employment in excess of a 40-hour work week, provided that the 
        party demonstrates, and the court finds, that: 
           (i) the excess employment began after entry of the existing 
        support order; 
           (ii) the excess employment is voluntary and not a condition 
        of employment; 
           (iii) the excess employment is in the nature of additional, 
        part-time employment, or overtime employment compensable by the 
        hour or fractions of an hour; 
           (iv) the party's compensation structure has not been 
        changed for the purpose of affecting a support or maintenance 
        obligation; 
           (v) in the case of an obligor, current child support 
        payments are at least equal to the guidelines amount based on 
        income not excluded under this clause; and 
           (vi) in the case of an obligor who is in arrears in child 
        support payments to the obligee, any net income from excess 
        employment must be used to pay the arrearages until the 
        arrearages are paid in full. 
           (c) A modification of support or maintenance may be made 
        retroactive only with respect to any period during which the 
        petitioning party has pending a motion for modification but only 
        from the date of service of notice of the motion on the 
        responding party and on the public authority if public 
        assistance is being furnished or the county attorney is the 
        attorney of record.  However, modification may be applied to an 
        earlier period if the court makes express findings that the 
        party seeking modification was precluded from serving a motion 
        by reason of a significant physical or mental disability, a 
        material misrepresentation of another party, or fraud upon the 
        court and that the party seeking modification, when no longer 
        precluded, promptly served a motion.  The court may provide that 
        a reduction in the amount allocated for child care expenses 
        based on a substantial decrease in the expenses is effective as 
        of the date the expenses decreased. 
           (d) Except for an award of the right of occupancy of the 
        homestead, provided in section 518.63, all divisions of real and 
        personal property provided by section 518.58 shall be final, and 
        may be revoked or modified only where the court finds the 
        existence of conditions that justify reopening a judgment under 
        the laws of this state, including motions under section 518.145, 
        subdivision 2.  The court may impose a lien or charge on the 
        divided property at any time while the property, or subsequently 
        acquired property, is owned by the parties or either of them, 
        for the payment of maintenance or support money, or may 
        sequester the property as is provided by section 518.24. 
           (e) The court need not hold an evidentiary hearing on a 
        motion for modification of maintenance or support. 
           (f) Section 518.14 shall govern the award of attorney fees 
        for motions brought under this subdivision. 
           Sec. 32.  [PUBLIC EDUCATION CAMPAIGN.] 
           The commissioner of human services shall contract with the 
        attorney general to continue the public service campaign 
        established in Minnesota Statutes, section 8.35.  The terms and 
        conditions of the contract shall be established by the attorney 
        general. 
           Sec. 33.  [VISITATION STUDY.] 
           (a) The supreme court is requested to study whether there 
        is a relationship between visitation and payment of child 
        support in Minnesota.  The study shall examine the extent to 
        which: 
           (1) custodial parents deny noncustodial parents 
        court-ordered visitation and other parental rights; 
           (2) noncustodial parents fail to exercise their 
        court-ordered visitation; 
           (3) lack of access to the courts prevents timely resolution 
        of visitation matters; and 
           (4) visitation impacts noncustodial parents' compliance 
        with court-ordered child support. 
           (b) The study shall include recommendations on the 
        following: 
           (1) methods for resolving visitation matters in an 
        efficient, nonadversarial setting that is accessible to parties 
        at the lowest possible cost; 
           (2) statutory changes that would encourage compliance with 
        court-ordered visitation; and 
           (3) the effectiveness and impact of a policy linking 
        visitation and payment of child support. 
           In conducting the study, the supreme court shall consult 
        with custodial and noncustodial parents, private attorneys, 
        judges, administrative law judges, county attorneys, legal 
        services, court services, guardians ad litem, professionals who 
        work with children, the department of human services, advocacy 
        groups, and children.  The supreme court shall report the study 
        and recommendations to the legislature no later than January 15, 
        1997, and may make interim recommendations for the 1996 
        legislative session. 
           Sec. 34.  [REPORT.] 
           The commissioner shall evaluate all child support programs 
        and enforcement mechanisms.  The evaluation must include a 
        cost-benefit analysis of each program or enforcement mechanism, 
        and information related to which programs produce the highest 
        revenue, reduce arrears, avoid litigation, and result in the 
        best outcome for children and their parents. 
           The reports related to the provisions in this chapter are 
        due two years after the implementation date.  All other reports 
        on existing programs and enforcement mechanisms are due January 
        15, 1997. 
           Sec. 35.  [WAIVERS.] 
           Subdivision 1.  [CHILD SUPPORT ASSURANCE.] The commissioner 
        of human services shall seek a waiver from the secretary of the 
        United States Department of Health and Human Services to enable 
        the department of human services to operate a demonstration 
        project of child support assurance.  The commissioner shall seek 
        authority from the legislature to implement a demonstration 
        project of child support assurance when enhanced federal funds 
        become available for this purpose. 
           Subd. 2.  [COOPERATION FOR THE CHILDREN.] The commissioner 
        of human services shall seek a waiver from the secretary of the 
        United States Department of Health and Human Services to enable 
        the department of human services to operate the cooperation for 
        the children demonstration project. 
           Subd. 3.  [OBLIGOR COMMUNITY SERVICE.] The commissioner of 
        human services shall seek a waiver from the secretary of the 
        United States Department of Health and Human Services to enable 
        the department of human services to operate the child support 
        obligor community service work experience program. 
           Sec. 36.  [REPEALER.] 
           Minnesota Statutes 1994, section 214.101, subdivisions 2 
        and 3, are repealed.  Minnesota Statutes 1994, sections 518.561; 
        and 518.611, subdivision 8, are repealed effective July 1, 1996. 
           Sec. 37.  [EFFECTIVE DATE.] 
           Sections 2 to 11, 25, and 26 are effective January 1, 
        1996.  Sections 1, 16, and 19 are effective July 1, 1996.  
        Section 18 is effective the day following final enactment.  
                                   ARTICLE 2
                          CHILD SUPPORT PAYMENT CENTER 
           Section 1.  [518.5851] [CHILD SUPPORT PAYMENT CENTER; 
        DEFINITIONS.] 
           Subdivision 1.  [SCOPE.] For the purposes of the child 
        support center established under sections 518.5851 to 518.5853, 
        the following terms have the meanings given. 
           Subd. 2.  [CENTRAL COLLECTIONS UNIT.] "Central collections 
        unit" means the unit created under section 518.5852. 
           Subd. 3.  [LOCAL CHILD SUPPORT AGENCY.] "Local child 
        support agency" means the entity at the county level that is 
        responsible for providing child support enforcement services. 
           Subd. 4.  [PAYMENT.] "Payment" means the payment of child 
        support, medical support, maintenance, and related payments 
        required by order of a tribunal, voluntary support, or statutory 
        fees. 
           Subd. 5.  [TRIBUNAL.] "Tribunal" has the meaning given in 
        section 518C.101. 
           Sec. 2.  [518.5852] [CENTRAL COLLECTIONS UNIT.] 
           The commissioner of human services shall create and 
        maintain a central collections unit for the purpose of 
        receiving, processing, and disbursing payments, and for 
        maintaining a record of payments, in all cases in which: 
           (1) the state or county is a party; 
           (2) the state or county provides child support enforcement 
        services to a party; or 
           (3) payment is collected through income withholding. 
           The commissioner of human services may contract for 
        services to carry out these provisions. 
           Sec. 3.  [518.5853] [MANDATORY PAYMENT OF OBLIGATIONS TO 
        CENTRAL COLLECTIONS UNIT.] 
           Subdivision 1.  [LOCATION OF PAYMENT.] All payments 
        described in section 518.5852 must be made to the central 
        collections unit. 
           Subd. 2.  [AGENCY DESIGNATION OF LOCATION.] Each local 
        child support agency shall provide a location within the agency 
        to receive payments.  A local agency receiving a payment shall 
        transmit the funds to the central collections unit within one 
        working day of receipt of the payment. 
           Subd. 3.  [INCENTIVES.] Notwithstanding any rule to the 
        contrary, incentives must be paid to the county providing 
        services and maintaining the case to which the payment is 
        applied.  Incentive payments awarded for the collection of child 
        support must be based solely upon payments processed by the 
        central collections unit.  Incentive payments received by the 
        county under this subdivision shall be used for county child 
        support collection efforts. 
           Subd. 4.  [ELECTRONIC TRANSFER OF FUNDS.] The central 
        collections unit is authorized to engage in the electronic 
        transfer of funds for the receipt and disbursement of funds. 
           Subd. 5.  [REQUIRED CONTENT OF ORDER.] A tribunal issuing 
        an order that establishes or modifies a payment shall issue an 
        income withholding order in conformity with section 518.613, 
        subdivision 2.  The automatic income withholding order must 
        include the name of the obligor, the obligor's social security 
        number, the obligor's date of birth, and the name and address of 
        the obligor's employer.  The street mailing address and the 
        electronic mail address for the central collections unit must be 
        included in each automatic income withholding order issued by a 
        tribunal. 
           Subd. 6.  [TRANSMITTAL OF ORDER TO THE LOCAL AGENCY BY THE 
        TRIBUNAL.] The tribunal shall transmit a copy of the order 
        establishing or modifying the payment, and a copy of the 
        automatic income withholding order, to the local child support 
        agency within two working days of the approval of the order by 
        the judge or administrative law judge or other person or entity 
        authorized to sign the automatic withholding order. 
           Subd. 7.  [TRANSMITTAL OF FUNDS FROM THE OBLIGOR OR PAYOR 
        OF FUNDS TO THE CENTRAL COLLECTIONS UNIT.] The obligor or other 
        payor of funds shall identify the obligor on the check or 
        remittance by name, payor number, and social security number, 
        and shall comply with section 518.611, subdivision 4. 
           Subd. 8.  [SANCTION FOR CHECKS DRAWN ON INSUFFICIENT 
        FUNDS.] A notice may be directed to any person or entity 
        submitting a check drawn on insufficient funds stating that 
        future payment must be paid by cash or certified funds.  The 
        central collections unit and the local child support agency may 
        refuse a check from a person or entity that has been given 
        notice that payments must be in cash or certified funds. 
           Subd. 9.  [ADMISSIBILITY OF PAYMENT RECORDS.] A copy of the 
        record of payments maintained by the central collections unit in 
        section 518.5852 is admissible evidence in all tribunals as 
        proof of payments made through the central collections unit 
        without the need of testimony to prove authenticity. 
           Subd. 10.  [TRANSITION PROVISIONS.] (a) The commissioner of 
        human services shall develop a plan for the implementation of 
        the central collections unit.  The plan must require that 
        payments be redirected to the central collections unit.  
        Payments may be redirected in groups according to county of 
        origin, county of payment, method of payment, type of case, or 
        any other distinguishing factor designated by the commissioner. 
           (b) Notice that payments must be made to the central 
        collections unit must be provided to the obligor and to the 
        payor of funds within 30 days prior to the redirection of 
        payments to the central collections unit.  After the notice has 
        been provided to the obligor or payor of funds, mailed payments 
        received by a local child support agency must be forwarded to 
        the central collections unit.  A notice must be sent to the 
        obligor or payor of funds stating that payment application may 
        be delayed and provide directions to submit future payment to 
        the central collections unit. 
           Sec. 4.  [EFFECTIVE DATE.] 
           Sections 1 to 3 are effective January 1, 1997. 
                                   ARTICLE 3
                 CHILD SUPPORT DATA COLLECTION AND PUBLICATION 
           Section 1.  Minnesota Statutes 1994, section 256.978, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [REQUEST FOR INFORMATION.] The commissioner 
        of human services, in order to locate a person to establish 
        paternity, child support, or to enforce a child support 
        obligation in arrears, may request information reasonably 
        necessary to the inquiry from the records of all departments, 
        boards, bureaus, or other agencies of this state, which shall, 
        notwithstanding the provisions of section 268.12, subdivision 
        12, or any other law to the contrary, provide the information 
        necessary for this purpose.  Employers, utility companies, 
        insurance companies, financial institutions, and labor 
        associations doing business in this state shall provide 
        information as provided under subdivision 2 upon written request 
        by an agency responsible for child support enforcement regarding 
        individuals owing or allegedly owing a duty to support within 30 
        days of the receipt of the written request made by the public 
        authority.  Information requested and used or transmitted by the 
        commissioner pursuant to the authority conferred by this section 
        may be made available only to public officials and agencies of 
        this state and its political subdivisions and other states of 
        the union and their political subdivisions who are seeking to 
        enforce the support liability of parents or to locate parents.  
        The commissioner may not release the information to an agency or 
        political subdivision of another state unless the agency or 
        political subdivision is directed to maintain the data 
        consistent with its classification in this state.  Information 
        obtained under this section may not be released except to the 
        extent necessary for the administration of the child support 
        enforcement program or when otherwise authorized by law.  
           Sec. 2.  Minnesota Statutes 1994, section 518.575, is 
        amended to read: 
           518.575 [PUBLICATION OF NAMES OF DELINQUENT CHILD SUPPORT 
        OBLIGORS.] 
           Every three months Subdivision 1. [PUBLICATION OF 
        NAMES.] Twice each year, the department commissioner of human 
        services shall publish in the newspaper of widest circulation in 
        each county a list of the names and last known addresses of each 
        person who (1) is a child support obligor, (2) resides in the 
        county, (3) is at least $3,000 in arrears, and (4) has not made 
        a child support payment, or has made only partial child support 
        payments that total less than 25 percent of the amount of child 
        support owed, for the last 12 months including any payments made 
        through the interception of federal or state taxes.  The rate 
        charged for publication shall be the newspaper's lowest 
        classified display rate, including all available discounts.  
           (3) is not in compliance with a written payment agreement 
        regarding both current support and arrearages approved by the 
        court, an administrative law judge, or the public authority.  
        The commissioner of human services shall publish the name of 
        each obligor in the newspaper or newspapers of widest 
        circulation in the area where the obligor is most likely to be 
        residing.  For each publication, the commissioner shall release 
        the list of all names being published not earlier than the first 
        day on which names appear in any newspaper.  An obligor's name 
        may not be published if the obligor claims in writing, and 
        the department commissioner of human services determines, there 
        is good cause for the nonpayment of child support.  Good cause 
        includes the following:  (i) there is a mistake in the obligor's 
        identity or the amount of the obligor's arrears; (ii) arrears 
        are reserved by the court or there is a pending legal action 
        concerning the unpaid child support; or (iii) other 
        circumstances as determined by the commissioner.  The list must 
        be based on the best information available to the state at the 
        time of publication. 
           Before publishing the name of the obligor, the department 
        of human services shall send a notice to the obligor's last 
        known address which states the department's intention to publish 
        the obligor's name and the amount of child support the obligor 
        owes.  The notice must also provide an opportunity to have the 
        obligor's name removed from the list by paying the arrearage or 
        by entering into an agreement to pay the arrearage, and the 
        final date when the payment or agreement can be accepted. 
           The department of human services shall insert with the 
        notices sent to the obligee, a notice stating the intent to 
        publish the obligor's name, and the criteria used to determine 
        the publication of the obligor's name. 
           Subd. 2.  [NAMES PUBLISHED IN ERROR.] If the commissioner 
        publishes a name under subdivision 1 which is in error, the 
        commissioner must also offer to publish a printed retraction and 
        apology acknowledging that the name was published in error.  The 
        retraction and apology must appear in each publication that 
        included the original notice with the name listed in error, and 
        it must appear in the same type size and appear the same number 
        of times as the original notice. 
           Sec. 3.  Minnesota Statutes 1994, section 518.611, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [ORDER.] Whenever an obligation for support 
        of a dependent child or maintenance of a spouse, or both, is 
        determined and ordered by a court of this state, the amount of 
        child support or maintenance as determined by court order must 
        be withheld from the income, regardless of source, of the person 
        obligated to pay the support or maintenance, and paid through 
        the public authority.  The court shall provide a copy of any 
        order where withholding is ordered to the public authority 
        responsible for support collections.  Every order for 
        maintenance or support must include: 
           (1) the obligor's social security number and date of birth 
        and the name and address of the obligor's employer or other 
        payor of funds; and 
           (2) provisions for the obligor to keep the public authority 
        informed of the name and address of the obligor's current 
        employer or payor of funds, and whether the obligor has access 
        to employment-related health insurance coverage and, if so, the 
        health insurance policy information. 
           Sec. 4.  Minnesota Statutes 1994, section 518.611, 
        subdivision 2, is amended to read: 
           Subd. 2.  [CONDITIONS OF INCOME WITHHOLDING.] (a) 
        Withholding shall result when:  
           (1) the obligor requests it in writing to the public 
        authority; 
           (2) the custodial parent requests it by making a motion to 
        the court; or 
           (3) the obligor fails to make the maintenance or support 
        payments, and the following conditions are met:  
           (i) the obligor is at least 30 days in arrears; 
           (ii) the obligee or the public authority serves written 
        notice of income withholding, showing arrearage, on the obligor 
        at least 15 days before service of the notice of income 
        withholding and a copy of the court's order on the payor of 
        funds; 
           (iii) within the 15-day period, the obligor fails to move 
        the court to deny withholding on the grounds that an arrearage 
        of at least 30 days does not exist as of the date of the notice 
        of income withholding, or on other grounds limited to mistakes 
        of fact, and, ex parte, to stay service on the payor of funds 
        until the motion to deny withholding is heard; 
           (iv) the obligee or the public authority serves a copy of 
        the notice of income withholding, a copy of the court's order or 
        notice of order, sends the payor of funds a notice of the 
        withholding requirements and the provisions of this section on 
        the payor of funds; and 
           (v) the obligee serves on the public authority a copy of 
        the notice of income withholding, a copy of the court's order, 
        an application, and the fee to use the public authority's 
        collection services.  
        For those persons not applying for the public authority's IV-D 
        services, a monthly service fee of $15 must be charged to the 
        obligor in addition to the amount of child support ordered by 
        the court and withheld through automatic income withholding, or 
        for persons applying for the public authority's IV-D services, 
        the service fee under section 518.551, subdivision 7, applies.  
        The county agency shall explain to affected persons the services 
        available and encourage the applicant to apply for IV-D services.
           (b) To pay the arrearage specified in the notice of income 
        withholding, The employer or payor of funds shall withhold from 
        the obligor's income an additional amount equal to 20 percent of 
        the monthly child support or maintenance obligation until the 
        arrearage is paid. 
           (c) The obligor may move the court, under section 518.64, 
        to modify the order respecting the amount of maintenance or 
        support. 
           (d) Every order for support or maintenance shall provide 
        for a conspicuous notice of the provisions of this subdivision 
        that complies with section 518.68, subdivision 2.  An order 
        without this notice remains subject to this subdivision. 
           (e) Absent a court order to the contrary, if an arrearage 
        exists at the time an order for ongoing support or maintenance 
        would otherwise terminate, income withholding shall continue in 
        effect in an amount equal to the former support or maintenance 
        obligation plus an additional amount equal to 20 percent of the 
        monthly child support obligation, until all arrears have been 
        paid in full. 
           Sec. 5.  Minnesota Statutes 1994, section 518.611, 
        subdivision 5, is amended to read: 
           Subd. 5.  [ARREARAGE ORDER.] Nothing in this section shall 
        prevent the court from ordering the payor of funds to withhold 
        amounts to satisfy the obligor's previous arrearage in child 
        support or maintenance payments, the obligor's liability 
        for reimbursement of child support or of public assistance 
        pursuant to sections 256.87 and 257.66, for pregnancy and 
        confinement expenses and for blood test costs, and any service 
        fees that may be imposed under section 518.551.  This remedy 
        shall not operate to exclude availability of other remedies to 
        enforce judgments. 
           Sec. 6.  Minnesota Statutes 1994, section 518.611, 
        subdivision 6, is amended to read: 
           Subd. 6.  [PRIORITY.] (a) An order for withholding under 
        this section or execution or garnishment upon a judgment for 
        child support arrearages or preadjudicated expenses shall have 
        priority over an attachment, execution, garnishment, or wage 
        assignment and shall not be subject to the statutory limitations 
        on amounts levied against the income of the obligor.  Amounts 
        withheld from an employee's income must not exceed the maximum 
        permitted under the Consumer Credit Protection Act, United 
        States Code, title 15, section 1673(b)(2).  
           (b) If there is more than one withholding order on a single 
        employee is subject to multiple withholding orders for the 
        support of more than one child, the payor of funds shall comply 
        with all of the orders to the extent that the total amount 
        withheld from the payor's income does not exceed the limits 
        imposed under the Consumer Credit Protection Act, giving 
        priority to amounts designated in each order as current support 
        as follows: 
           (1) if the total of the amounts designated in the orders as 
        current support exceeds the amount available for income 
        withholding, the payor of funds shall allocate to each order an 
        amount for current support equal to the amount designated in 
        that order as current support, divided by the total of the 
        amounts designated in the orders as current support, multiplied 
        by the amount of the income available for income withholding; 
        and 
           (2) if the total of the amounts designated in the orders as 
        current support does not exceed the amount available for income 
        withholding, the payor of funds shall pay the amounts designated 
        as current support, and shall allocate to each order an amount 
        for past due support equal to the amount designated in that 
        order as past due support, divided by the total of the amounts 
        designated in the orders as past due support, multiplied by the 
        amount of income remaining available for income withholding 
        after the payment of current support. 
           (c) If more than one order exists involving the same 
        obligor and child, the public authority shall enforce the most 
        current order.  Income withholding that has been implemented 
        under a previous order pursuant to this section or section 
        518.613 shall be terminated as of the date of the most current 
        order.  The public authority shall notify the payor of funds to 
        withhold under the most current order. 
           (d) Notwithstanding any law to the contrary, funds from 
        income sources included in section 518.54, subdivision 6, 
        whether periodic or lump sum, are not exempt from attachment or 
        execution upon a judgment for child support arrearages. 
           Sec. 7.  Minnesota Statutes 1994, section 518.611, 
        subdivision 8a, is amended to read: 
           Subd. 8a.  [LUMP SUM PAYMENTS.] (a) Upon the Before 
        transmittal of the last reimbursement payment to the employee, 
        where obligor of a lump sum payment including, but not limited 
        to, severance pay, accumulated sick pay or, vacation pay is paid 
        upon termination of employment, and where the employee is in 
        arrears in making court ordered child support payments, the 
        employer shall withhold an amount which is the lesser of (1) the 
        amount in arrears or (2) that portion of the arrearages which is 
        the product of the obligor's monthly court ordered support 
        amount multiplied by the number of months of net income that the 
        lump sum payment represents.  
           (b) bonuses, commissions, or other pay or benefits: 
           (1) an employer, trustee, or other payor of funds who has 
        been served with a notice of income withholding under 
        subdivision 2 or section 518.613 must:  
           (1) (i) notify the public authority of any lump sum payment 
        of $500 or more that is to be paid to the obligor; 
           (2) (ii) hold the lump sum payment for 30 days after the 
        date on which the lump sum payment would otherwise have been 
        paid to the obligor, notwithstanding sections 181.08, 181.101, 
        181.11, 181.13, and 181.145; and 
           (3) (iii) upon order of the court, pay any specified amount 
        of the lump sum payment to the public authority for current 
        support. or reimbursement of support judgment, judgments, or 
        arrearages; and 
           (iv) upon order of the court, and after a showing of past 
        willful nonpayment of support, pay any specified amount of the 
        lump sum payment to the public authority for future support; or 
           (2) upon service by United States mail of a sworn affidavit 
        from the public authority or a court order stating: 
           (i) that a judgment entered pursuant to section 548.091, 
        subdivision 1a, exists against the obligor, or that other 
        support arrearages exist; 
           (ii) that a portion of the judgment, judgments, or 
        arrearages remains unpaid; and 
           (iii) the current balance of the judgment, judgments, or 
        arrearages, the payor of funds shall pay to the public authority 
        the lesser of the amount of the lump sum payment or the total 
        amount of judgments plus arrearages as stated in affidavit or 
        court order, subject to the limits imposed under the consumer 
        credit protection act. 
           Sec. 8.  Minnesota Statutes 1994, section 518.613, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [GENERAL.] Notwithstanding any provision of 
        section 518.611, subdivision 2 or 3, to the contrary, whenever 
        an obligation for child support or maintenance, enforced by the 
        public authority, is initially determined and ordered or 
        modified by the court in a county in which this section applies, 
        the amount of child support or maintenance ordered by the court 
        and any fees assessed by the public authority responsible for 
        child support enforcement must be withheld from the income and 
        forwarded to the public authority, regardless of the source of 
        income, of the person obligated to pay the support. 
           Sec. 9.  Minnesota Statutes 1994, section 518.613, 
        subdivision 2, is amended to read: 
           Subd. 2.  [ORDER; COLLECTION SERVICES.] Every order for 
        child support must include the obligor's social security number 
        and date of birth and the name and address of the obligor's 
        employer or other payor of funds.  In addition, every order must 
        contain provisions requiring the obligor to keep the public 
        authority informed of the name and address of the obligor's 
        current employer, or other payor of funds and whether the 
        obligor has access to employment-related health insurance 
        coverage and, if so, the health insurance policy information.  
        Upon entry of the order for support or maintenance, the court 
        shall mail a copy of the court's automatic income withholding 
        order and the provisions of section 518.611 and this section to 
        the obligor's employer or other payor of funds and provide a 
        copy of the withholding order to the public authority 
        responsible for child support enforcement.  An obligee who is 
        not a recipient of public assistance must decide to either apply 
        for the IV-D collection services of the public authority or 
        obtain income withholding only services when an order for 
        support is entered unless the requirements of this section have 
        been waived under subdivision 7.  The supreme court shall 
        develop a standard automatic income withholding form to be used 
        by all Minnesota courts.  This form shall be made a part of any 
        order for support or decree by reference.  
           Sec. 10.  Minnesota Statutes 1994, section 518.614, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [STAY OF SERVICE.] If the court finds there 
        is no arrearage in child support or maintenance as of the date 
        of the court hearing, the court shall stay service of the order 
        under section 518.613, subdivision 2, in a county in which that 
        section applies if the obligor establishes a savings account for 
        a sum equal to two months of the monthly child support or 
        maintenance obligation and provides proof of the establishment 
        to the court and the public authority on or before the day of 
        the court hearing determining the obligation.  This sum must be 
        held in a financial institution in an interest-bearing account 
        with only the public authority authorized as drawer of funds.  
        Proof of the establishment must include the financial 
        institution name and address, account number, and the amount of 
        deposit. 
           Sec. 11.  Minnesota Statutes 1994, section 518.64, 
        subdivision 4, is amended to read: 
           Subd. 4.  Unless otherwise agreed in writing or expressly 
        provided in the order, provisions for the support of a child are 
        not terminated by emancipation of the child but not by the death 
        of a parent obligated to support the child.  When a parent 
        obligated to pay support dies, the amount of support may be 
        modified, revoked, or commuted to a lump sum payment, to the 
        extent just and appropriate in the circumstances. 
           Sec. 12.  Minnesota Statutes 1994, section 518.64, is 
        amended by adding a subdivision to read: 
           Subd. 4a.  [AUTOMATIC TERMINATION OF SUPPORT.] (a) Unless a 
        court order provides otherwise, a child support obligation in a 
        specific amount per child terminates automatically and without 
        any action by the obligor to reduce, modify, or terminate the 
        order upon the emancipation of the child as provided under 
        section 518.54, subdivision 2. 
           (b) A child support obligation for two or more children 
        that is not a support obligation in a specific amount per child 
        continues in the full amount until the emancipation of the last 
        child for whose benefit the order was made, or until further 
        order of the court. 
           (c) The obligor may request a modification of the obligor's 
        child support order upon the emancipation of a child if there 
        are still minor children under the order.  The child support 
        obligation shall be determined based on the income of the 
        parties at the time the modification is sought. 
           Sec. 13.  Minnesota Statutes 1994, section 518C.310, is 
        amended to read: 
           518C.310 [DUTIES OF STATE INFORMATION AGENCY.] 
           (a) The unit within the department of human services that 
        receives and disseminates incoming interstate actions under 
        title IV-D of the Social Security Act from section 518C.02, 
        subdivision 1a, is the state information agency under this 
        chapter. 
           (b) The state information agency shall: 
           (1) compile and maintain a current list, including 
        addresses, of the tribunals in this state which have 
        jurisdiction under this chapter and any support enforcement 
        agencies in this state and transmit a copy to the state 
        information agency of every other state; 
           (2) maintain a register of tribunals and support 
        enforcement agencies received from other states; 
           (3) forward to the appropriate tribunal in the place in 
        this state in which the individual obligee or the obligor 
        resides, or in which the obligor's property is believed to be 
        located, all documents concerning a proceeding under this 
        chapter received from an initiating tribunal or the state 
        information agency of the initiating state; and 
           (4) obtain information concerning the location of the 
        obligor and the obligor's property within this state not exempt 
        from execution, by such means as postal verification and federal 
        or state locator services, examination of telephone directories, 
        requests for the obligor's address from employers, and 
        examination of governmental records, including, to the extent 
        not prohibited by other law, those relating to real property, 
        vital statistics, law enforcement, taxation, motor vehicles, 
        driver's licenses, and social security.; and 
           (5) determine which foreign jurisdictions and Indian tribes 
        have substantially similar procedures for issuance and 
        enforcement of support orders.  The state information agency 
        shall compile and maintain a list, including addresses, of all 
        these foreign jurisdictions and Indian tribes.  The state 
        information agency shall make this list available to all state 
        tribunals and all support enforcement agencies. 
           Sec. 14.  Minnesota Statutes 1994, section 548.15, is 
        amended to read: 
           548.15 [DISCHARGE OF RECORD.] 
           Subdivision 1.  [GENERAL.] Except as provided in 
        subdivision 2, upon the satisfaction of a judgment, whether 
        wholly or in part, or as to all or any of several defendants, 
        the court administrator shall enter the satisfaction in the 
        judgment roll, and note it, with its date, on the docket.  If 
        the docketing is upon a transcript from another county, the 
        entry on the docket is sufficient.  A judgment is satisfied when 
        there is filed with the court administrator: 
           (1) an execution satisfied, to the extent stated in the 
        sheriff's return on it; 
           (2) a certificate of satisfaction signed and acknowledged 
        by the judgment creditor; 
           (3) a like certificate signed and acknowledged by the 
        attorney of the creditor, unless that attorney's authority as 
        attorney has previously been revoked and an entry of the 
        revocation made upon the register; the authority of an attorney 
        to satisfy a judgment ceases at the end of six years from its 
        entry; 
           (4) an order of the court, made on motion, requiring the 
        execution of a certificate of satisfaction, or directing 
        satisfaction to be entered without it; 
           (5) where a judgment is docketed on transcript, a copy of 
        either of the foregoing documents, certified by the court 
        administrator in which the judgment was originally entered and 
        in which the originals were filed. 
           A satisfaction made in the name of a partnership is valid 
        if executed by a member of it while the partnership continues.  
        The judgment creditor, or the creditor's attorney while the 
        attorney's authority continues, may also satisfy a judgment of 
        record by a brief entry on the register, signed by the creditor 
        or the creditor's attorney and dated and witnessed by the court 
        administrator, who shall note the satisfaction on the margin of 
        the docket.  Except as provided in subdivision 2, when a 
        judgment is satisfied otherwise than by return of execution, the 
        judgment creditor or the creditor's attorney shall file a 
        certificate of it with the court administrator within ten days 
        after the satisfaction or within 30 days of payment by check or 
        other noncertified funds. 
           Subd. 2.  [CHILD SUPPORT OR MAINTENANCE JUDGMENT.] In the 
        case of a judgment for child support or spousal maintenance, an 
        execution or certificate of satisfaction need not be filed with 
        the court until the judgment is satisfied in full. 
           Sec. 15.  Minnesota Statutes 1994, section 609.375, 
        subdivision 1, is amended to read: 
           Subdivision 1.  Whoever is legally obligated to provide 
        care and support to a spouse who is in necessitous 
        circumstances, or child, whether or not its custody has been 
        granted to another, and knowingly omits and fails without lawful 
        excuse to do so is guilty of a misdemeanor, and upon conviction 
        may be sentenced to imprisonment for not more than 90 days or to 
        payment of a fine of not more than $700, or both. 
           Sec. 16.  [SUSPENSION OF PUBLICATIONS.] 
           Notwithstanding Minnesota Statutes, section 518.575, the 
        commissioner of human services may not publish names of 
        delinquent child support obligors until January 1, 1997; prior 
        to January 1, 1997, a county may publish names in accordance 
        with Minnesota Statutes, section 518.575, provided the 
        publication is cost-neutral to the state. 
           Sec. 17.  [REPEALER.] 
           Minnesota Statutes 1994, section 518.64, subdivision 6, is 
        repealed. 
           Sec. 18.  [EFFECTIVE DATE.] 
           Section 16 is effective the day following final enactment. 
                                   ARTICLE 4 
                       RECOGNITION OF PARENTAGE; MN ENABL
           Section 1.  [145.9255] [MN ENABL, MINNESOTA EDUCATION NOW 
        AND BABIES LATER.] 
           Subdivision 1.  [ESTABLISHMENT.] The commissioner of 
        health, in consultation with a representative from Minnesota 
        planning, the commissioner of human services, and the 
        commissioner of education, shall develop and implement the 
        Minnesota education now and babies later (MN ENABL) program, 
        targeted to adolescents ages 12 to 14, with the goal of reducing 
        the incidence of adolescent pregnancy in the state.  The program 
        must provide a multifaceted, primary prevention, community 
        health promotion approach to educating and supporting 
        adolescents in the decision to postpone sexual involvement 
        modeled after the ENABL program in California.  The commissioner 
        of health shall consult with the chief of the health education 
        section of the California department of health services for 
        general guidance in developing and implementing the program. 
           Subd. 2.  [DEFINITION.] "Community-based local contractor" 
        or "contractor" includes boards of health under section 145A.02, 
        nonprofit organizations, or school districts.  The 
        community-based local contractors may provide the education 
        component of MN ENABL in a variety of settings including, but 
        not limited to, schools, religious establishments, local 
        community centers, and youth camps. 
           Subd. 3.  [DUTIES OF COMMISSIONER OF HEALTH.] The 
        commissioner shall: 
           (1) manage the grant process, including awarding and 
        monitoring grants to community-based local contractors, and may 
        contract with community-based local contractors that can 
        demonstrate at least a 25 percent local match and agree to 
        participate in the four MN ENABL program components under 
        subdivision 4; 
           (2) provide technical assistance to the community-based 
        local contractors as necessary under subdivision 4; 
           (3) develop and implement the evaluation component, and 
        provide centralized coordination at the state level of the 
        evaluation process; and 
           (4) explore and pursue the federal funding possibilities 
        and specifically request funding from the United States 
        Department of Health and Human Services to supplement the 
        development and implementation of the program. 
           Subd. 4.  [PROGRAM COMPONENTS.] The program must include 
        the following four major components: 
           (a) A community organization component in which the 
        community-based local contractors shall include: 
           (1) use of a postponing sexual involvement education 
        curriculum targeted to boys and girls ages 12 to 14 in schools 
        and/or community settings; 
           (2) planning and implementing community organization 
        strategies to convey and reinforce the MN ENABL message of 
        postponing sexual involvement, including activities promoting 
        awareness and involvement of parents and other primary 
        caregivers/significant adults, schools, and community; and 
           (3) development of local media linkages.  
           (b) A statewide, comprehensive media and public relations 
        campaign to promote changes in sexual attitudes and behaviors, 
        and reinforce the message of postponing adolescent sexual 
        involvement. 
           The commissioner of health, in consultation with the 
        commissioner of education, shall contract with the attorney 
        general's office to develop and implement the media and public 
        relations campaign.  In developing the campaign, the attorney 
        general's office shall coordinate and consult with 
        representatives from ethnic and local communities to maximize 
        effectiveness of the social marketing approach to health 
        promotion among the culturally diverse population of the state.  
        The development and implementation of the campaign is subject to 
        input and approval by the commissioner of health. 
           The local community-based contractors shall collaborate and 
        coordinate efforts with other community organizations and 
        interested persons to provide school and community-wide 
        promotional activities that support and reinforce the message of 
        the MN ENABL curriculum. 
           (c) An evaluation component which evaluates the process and 
        the impact of the program. 
           The "process evaluation" must provide information to the 
        state on the breadth and scope of the program.  The evaluation 
        must identify program areas that might need modification and 
        identify local MN ENABL contractor strategies and procedures 
        which are particularly effective.  Contractors must keep 
        complete records on the demographics of clients served, number 
        of direct education sessions delivered and other appropriate 
        statistics, and must document exactly how the program was 
        implemented.  The commissioner may select contractor sites for 
        more in-depth case studies. 
           The "impact evaluation" must provide information to the 
        state on the impact of the different components of the MN ENABL 
        program and an assessment of the impact of the program on 
        adolescent's related sexual knowledge, attitudes, and 
        risk-taking behavior. 
           The commissioner shall compare the MN ENABL evaluation 
        information and data with similar evaluation data from other 
        states pursuing a similar adolescent pregnancy prevention 
        program modeled after ENABL and use the information to improve 
        MN ENABL and build on aspects of the program that have 
        demonstrated a delay in adolescent sexual involvement. 
           (d) A training component requiring the commissioner of 
        health, in consultation with the commissioner of education, to 
        provide comprehensive uniform training to the local MN ENABL 
        community-based local contractors and the direct education 
        program staff.  
           The local community-based contractors may use adolescent 
        leaders slightly older than the adolescents in the program to 
        impart the message to postpone sexual involvement provided: 
           (1) the contractor follows a protocol for adult 
        mentors/leaders and older adolescent leaders established by the 
        commissioner of health; 
           (2) the older adolescent leader is accompanied by an adult 
        leader; and 
           (3) the contractor uses the curriculum as directed and 
        required by the commissioner of the department of health to 
        implement this part of the program.  The commissioner of health 
        shall provide technical assistance to community-based local 
        contractors. 
           Sec. 2.  Minnesota Statutes 1994, section 256.87, 
        subdivision 5, is amended to read: 
           Subd. 5.  [CHILD NOT RECEIVING ASSISTANCE.] A person or 
        entity having physical custody of a dependent child not 
        receiving assistance under sections 256.031 to 256.0361, or 
        256.72 to 256.87 has a cause of action for child support against 
        the child's absent parents.  Upon a motion served on the absent 
        parent, the court shall order child support payments from the 
        absent parent under chapter 518.  The absent parent's liability 
        may include up to the two years immediately preceding the 
        commencement of the action.  This subdivision applies only if 
        the person or entity has physical custody with the consent of a 
        custodial parent or approval of the court.  
           Sec. 3.  Minnesota Statutes 1994, section 257.34, is 
        amended by adding a subdivision to read: 
           Subd. 4.  [EXPIRATION OF AUTHORITY FOR DECLARATIONS.] No 
        acknowledgment of parentage shall be entered into on or after 
        August 1, 1995 under this section.  The mother and father of a 
        child born to a mother who was not married to the child's father 
        when the child was conceived nor when the child was born may 
        before, on, or after August 1, 1995, sign a recognition of 
        parentage under section 257.75. 
           Sec. 4.  Minnesota Statutes 1994, section 257.55, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [PRESUMPTION.] A man is presumed to be the 
        biological father of a child if:  
           (a) He and the child's biological mother are or have been 
        married to each other and the child is born during the marriage, 
        or within 280 days after the marriage is terminated by death, 
        annulment, declaration of invalidity, dissolution, or divorce, 
        or after a decree of legal separation is entered by a court; 
           (b) Before the child's birth, he and the child's biological 
        mother have attempted to marry each other by a marriage 
        solemnized in apparent compliance with law, although the 
        attempted marriage is or could be declared void, voidable, or 
        otherwise invalid, and, 
           (1) if the attempted marriage could be declared invalid 
        only by a court, the child is born during the attempted 
        marriage, or within 280 days after its termination by death, 
        annulment, declaration of invalidity, dissolution or divorce; or 
           (2) if the attempted marriage is invalid without a court 
        order, the child is born within 280 days after the termination 
        of cohabitation; 
           (c) After the child's birth, he and the child's biological 
        mother have married, or attempted to marry, each other by a 
        marriage solemnized in apparent compliance with law, although 
        the attempted marriage is or could be declared void, voidable, 
        or otherwise invalid, and, 
           (1) he has acknowledged his paternity of the child in 
        writing filed with the state registrar of vital statistics; 
           (2) with his consent, he is named as the child's father on 
        the child's birth certificate; or 
           (3) he is obligated to support the child under a written 
        voluntary promise or by court order; 
           (d) While the child is under the age of majority, he 
        receives the child into his home and openly holds out the child 
        as his biological child; 
           (e) He and the child's biological mother acknowledge his 
        paternity of the child in a writing signed by both of them under 
        section 257.34 and filed with the state registrar of vital 
        statistics.  If another man is presumed under this paragraph to 
        be the child's father, acknowledgment may be effected only with 
        the written consent of the presumed father or after the 
        presumption has been rebutted; 
           (f) Evidence of statistical probability of paternity based 
        on blood testing establishes the likelihood that he is the 
        father of the child, calculated with a prior probability of no 
        more than 0.5 (50 percent), is 99 percent or greater; 
           (g) He and the child's biological mother have executed a 
        recognition of parentage in accordance with section 257.75 and 
        another man is presumed to be the father under this subdivision; 
        or 
           (h) He and the child's biological mother have executed a 
        recognition of parentage in accordance with section 257.75 and 
        another man and the child's mother have executed a recognition 
        of parentage in accordance with section 257.75; or 
           (i) He and the child's biological mother executed a 
        recognition of parentage in accordance with section 257.75 when 
        either or both of the signatories were less than 18 years of age.
           Sec. 5.  Minnesota Statutes 1994, section 257.57, 
        subdivision 2, is amended to read: 
           Subd. 2.  The child, the mother, or personal representative 
        of the child, the public authority chargeable by law with the 
        support of the child, the personal representative or a parent of 
        the mother if the mother has died or is a minor, a man alleged 
        or alleging himself to be the father, or the personal 
        representative or a parent of the alleged father if the alleged 
        father has died or is a minor may bring an action: 
           (1) at any time for the purpose of declaring the existence 
        of the father and child relationship presumed under section 
        257.55, subdivision 1, paragraph (d), (e), (f), (g), or (h), or 
        the nonexistence of the father and child relationship presumed 
        under clause (d) of that subdivision; 
           (2) for the purpose of declaring the nonexistence of the 
        father and child relationship presumed under section 257.55, 
        subdivision 1, paragraph (e) or (g), only if the action is 
        brought within three years after the date of the execution of 
        the declaration or recognition of parentage; or 
           (3) for the purpose of declaring the nonexistence of the 
        father and child relationship presumed under section 257.55, 
        subdivision 1, paragraph (f), only if the action is brought 
        within three years after the party bringing the action, or the 
        party's attorney of record, has been provided the blood test 
        results; or 
           (4) for the purpose of declaring the nonexistence of the 
        father and child relationship presumed under section 257.75, 
        subdivision 9, only if the action is brought by the minor 
        signatory within six months after the minor signatory reaches 
        the age of 18.  In the case of a recognition of parentage 
        executed by two minor signatories, the action to declare the 
        nonexistence of the father and child relationship must be 
        brought within six months after the youngest signatory reaches 
        the age of 18. 
           Sec. 6.  Minnesota Statutes 1994, section 257.60, is 
        amended to read: 
           257.60 [PARTIES.] 
           The child may be made a party to the action.  If the child 
        is a minor and is made a party, a general guardian or a guardian 
        ad litem shall be appointed by the court to represent the 
        child.  The child's mother or father may not represent the child 
        as guardian or otherwise.  The biological mother, each man 
        presumed to be the father under section 257.55, and each man 
        alleged to be the biological father, shall be made parties or, 
        if not subject to the jurisdiction of the court, shall be given 
        notice of the action in a manner prescribed by the court and 
        shall be given an opportunity to be heard.  The public agency 
        responsible for support enforcement is joined as a party in each 
        case in which rights are assigned under section 256.74, 
        subdivision 5, and in each case in which the public agency is 
        providing services pursuant to an application for child support 
        services.  A person who may bring an action under section 257.57 
        may be made a party to the action.  The court may align the 
        parties.  The child shall be made a party whenever: 
           (1) the child is a minor and the case involves a compromise 
        under section 257.64, subdivision 1, or a lump sum payment under 
        section 257.66, subdivision 4, in which case the commissioner of 
        human services shall also be made a party subject to department 
        of human services rules relating to paternity suit settlements; 
        or 
           (2) the child is a minor and the action is to declare the 
        nonexistence of the father and child relationship; or 
           (3) an action to declare the existence of the father and 
        child relationship is brought by a man presumed to be the father 
        under section 257.55, or a man who alleges to be the father, and 
        the mother of the child denies the existence of the father and 
        child relationship. 
           Sec. 7.  [257.651] [DEFAULT ORDER OF PARENTAGE.] 
           In an action to determine the existence of the father and 
        child relationship under sections 257.51 to 257.74, if the 
        alleged father fails to appear at a hearing after service duly 
        made and proved, the court shall enter a default judgment or 
        order of paternity. 
           Sec. 8.  Minnesota Statutes 1994, section 257.67, 
        subdivision 1, is amended to read: 
           Subdivision 1.  If existence of the parent and child 
        relationship is declared, or parentage or a duty of support has 
        been acknowledged or adjudicated under sections 257.51 to 257.74 
        or under prior law, the obligation of the noncustodial parent 
        may be enforced in the same or other proceedings by the 
        custodial parent, the child, the public authority that has 
        furnished or may furnish the reasonable expenses of pregnancy, 
        confinement, education, support, or funeral, or by any other 
        person, including a private agency, to the extent that person 
        has furnished or is furnishing these expenses.  Full faith and 
        credit shall be given to a determination of paternity made by 
        another state, whether established through voluntary 
        acknowledgment or through administrative or judicial processes. 
           Sec. 9.  Minnesota Statutes 1994, section 257.75, 
        subdivision 3, is amended to read: 
           Subd. 3.  [EFFECT OF RECOGNITION.] Subject to subdivision 2 
        and section 257.55, subdivision 1, paragraph (g) or (h), the 
        recognition has the force and effect of a judgment or order 
        determining the existence of the parent and child relationship 
        under section 257.66.  If the conditions in section 257.55, 
        subdivision 1, paragraph (g) or (h), exist, the recognition 
        creates only a presumption of paternity for purposes of sections 
        257.51 to 257.74.  Until an order is entered granting custody to 
        another, the mother has sole custody.  The recognition is: 
           (1) a basis for bringing an action to award custody or 
        visitation rights to either parent, establishing a child support 
        obligation which may include up to the two years immediately 
        preceding the commencement of the action, ordering a 
        contribution by a parent under section 256.87, or ordering a 
        contribution to the reasonable expenses of the mother's 
        pregnancy and confinement, as provided under section 257.66, 
        subdivision 3, or ordering reimbursement for the costs of blood 
        or genetic testing, as provided under section 257.69, 
        subdivision 2; 
           (2) determinative for all other purposes related to the 
        existence of the parent and child relationship; and 
           (3) entitled to full faith and credit in other 
        jurisdictions. 
           Sec. 10.  Minnesota Statutes 1994, section 257.75, is 
        amended by adding a subdivision to read: 
           Subd. 9.  [EXECUTION BY A MINOR PARENT.] A recognition of 
        parentage executed and filed in accordance with this section by 
        a minor parent creates a presumption of paternity for the 
        purposes of sections 257.51 to 257.74. 
           Sec. 11.  Minnesota Statutes 1994, section 517.08, 
        subdivision 1b, is amended to read: 
           Subd. 1b.  [TERM OF LICENSE; FEE.] The court administrator 
        shall examine upon oath the party applying for a license 
        relative to the legality of the contemplated marriage.  If at 
        the expiration of a five-day period, on being satisfied that 
        there is no legal impediment to it, the court administrator 
        shall issue the license, containing the full names of the 
        parties before and after marriage, and county and state of 
        residence, with the district court seal attached, and make a 
        record of the date of issuance.  The license shall be valid for 
        a period of six months.  In case of emergency or extraordinary 
        circumstances, a judge of the county court or a judge of the 
        district court of the county in which the application is made, 
        may authorize the license to be issued at any time before the 
        expiration of the five days.  The court administrator shall 
        collect from the applicant a fee of $65 $70 for administering 
        the oath, issuing, recording, and filing all papers required, 
        and preparing and transmitting to the state registrar of vital 
        statistics the reports of marriage required by this section.  If 
        the license should not be used within the period of six months 
        due to illness or other extenuating circumstances, it may be 
        surrendered to the court administrator for cancellation, and in 
        that case a new license shall issue upon request of the parties 
        of the original license without fee.  A court administrator who 
        knowingly issues or signs a marriage license in any manner other 
        than as provided in this section shall pay to the parties 
        aggrieved an amount not to exceed $1,000. 
           Sec. 12.  Minnesota Statutes 1994, section 517.08, 
        subdivision 1c, is amended to read: 
           Subd. 1c.  [DISPOSITION OF LICENSE FEE.] Of the marriage 
        license fee collected pursuant to subdivision 1b, the court 
        administrator shall pay $50 $55 to the state treasurer to be 
        deposited in the general fund as follows: 
           (1) $50 in the general fund; 
           (2) $3 in the special revenue fund to be appropriated to 
        the commissioner of human services for supervised visitation 
        facilities under section 256F.09; and 
           (3) $2 in the special revenue fund to be appropriated to 
        the commissioner of health for developing and implementing the 
        MN ENABL program under section 145.9255. 
           Sec. 13.  [518.255] [PROVISION OF LEGAL SERVICES BY THE 
        PUBLIC AUTHORITY.] 
           The provision of services under the child support 
        enforcement program that includes services by an attorney or an 
        attorney's representative employed by, under contract to, or 
        representing the public authority does not create an 
        attorney-client relationship with any party other than the 
        public authority.  Attorneys employed by or under contract with 
        the public authority have an affirmative duty to inform 
        applicants and recipients of services under the child support 
        enforcement program that no attorney-client relationship exists 
        between the attorney and the applicant or recipient.  This 
        section applies to all legal services provided by the child 
        support enforcement program.  
           The written notice must inform the individual applicant or 
        recipient of services that no attorney-client relationship 
        exists between the attorney and the applicant or recipient; the 
        rights of the individual as a subject of data under section 
        13.04, subdivision 2; and that the individual has a right to 
        have an attorney represent the individual. 
           Data disclosed by an applicant for, or recipient of, child 
        support services to an attorney employed by, or under contract 
        with, the public authority is private data on an individual.  
        However, the data may be disclosed under section 13.46, 
        subdivision 2, clauses (1) to (3) and (6) to (19), and in order 
        to obtain, modify or enforce child support, medical support, and 
        parentage determinations. 
           An attorney employed by, or under contract with, the public 
        authority may disclose additional information received from an 
        applicant for, or recipient of, services for other purposes with 
        the consent of the individual applicant for, or recipient of, 
        child support services. 
           Sec. 14.  [EFFECTIVE DATE.] 
           Sections 2 and 9 are effective the day following final 
        enactment and are retroactive to January 1, 1994. 
                                   ARTICLE 5 
                            CHILD SUPPORT PROCEDURES 
           Section 1.  Minnesota Statutes 1994, section 518.5511, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [GENERAL.] (a) An administrative process is 
        established to obtain, modify, and enforce child and medical 
        support orders and parentage orders and modify maintenance if 
        combined with a child support proceeding.  All laws governing 
        these actions apply insofar as they are not inconsistent with 
        the provisions of this section and section 518.5512.  Wherever 
        other laws are inconsistent with this section and section 
        518.5512, the provisions in this section and section 518.5512 
        shall apply. 
           (b) All proceedings for obtaining, modifying, or enforcing 
        child and medical support orders and modifying maintenance 
        orders if combined with a child support proceeding, are required 
        to be conducted in the administrative process when the public 
        authority is a party or provides services to a party or parties 
        to the proceedings.  At county option, the administrative 
        process may include contempt motions or actions to establish 
        parentage.  Nothing contained herein shall prevent a party, upon 
        timely notice to the public authority, from commencing an action 
        or bringing a motion for the establishment, modification, or 
        enforcement of child support or modification of maintenance 
        orders if combined with a child support proceeding in district 
        court, if additional issues involving domestic abuse, 
        establishment or modification of custody or visitation, property 
        issues, or other issues outside the jurisdiction of the 
        administrative process, are part of the motion or action, or 
        from proceeding with a motion or action brought by another party 
        containing one or more of these issues if it is pending in 
        district court. 
           (c) A party may make a written request to the public 
        authority to initiate an uncontested administrative proceeding.  
        If the public authority denies the request, the public authority 
        shall issue a summary order notice which denies the request for 
        relief, states the reasons for the denial, and notifies the 
        party of the right to commence an action for relief.  If the 
        party commences an action or serves and files a motion within 30 
        days after the public authority's denial and the party's action 
        results in a modification of a child support order, the 
        modification may be retroactive to the date the written request 
        was received by the public authority. 
           (d) After August 1, 1994, all counties shall participate in 
        the administrative process established in this section in 
        accordance with a statewide implementation plan to be set forth 
        by the commissioner of human services.  No county shall be 
        required to participate in the administrative process until 
        after the county has been trained.  The implementation plan 
        shall include provisions for training the counties by region no 
        later than July 1, 1995.  
           (e) For the purpose of the administrative process, all 
        powers, duties, and responsibilities conferred on judges of 
        district court to obtain and enforce child and medical support 
        and parentage and maintenance obligations, subject to the 
        limitations of this section are conferred on administrative law 
        judges, including the power to issue subpoenas, orders to show 
        cause, and bench warrants for failure to appear. 
           The administrative law judge has the authority to enter 
        parentage orders in which the custody and visitation provisions 
        are uncontested. 
           Sec. 2.  Minnesota Statutes 1994, section 518.5511, 
        subdivision 2, is amended to read: 
           Subd. 2.  [UNCONTESTED ADMINISTRATIVE PROCEEDING.] (a) A 
        party may petition the chief administrative law judge, the chief 
        district court judge, or the chief family court referee to 
        proceed immediately to a contested hearing upon good cause shown.
           (b) The public authority shall give the parties written 
        notice requesting the submission of information necessary for 
        the public authority to prepare a proposed child support order.  
        The written notice shall be sent by first class mail to the 
        parties' last known addresses.  The written notice shall 
        describe the information requested, state the purpose of the 
        request, state the date by which the information must be 
        postmarked or received (which shall be at least 30 days from the 
        date of the mailing of the written notice), state that if the 
        information is not postmarked or received by that date, the 
        public authority will prepare a proposed order on the basis of 
        the information available, and identify the type of information 
        which will be considered.  
           (c) Following the submission of information or following 
        the date when the information was due, the public authority 
        shall, on the basis of all information available, complete and 
        sign a proposed child support order and notice.  In preparing 
        the proposed child support order, the public authority will 
        establish child support in the highest amount permitted under 
        section 518.551, subdivision 5.  The proposed order shall 
        include written findings in accordance with section 518.551, 
        subdivision 5, clauses (i) and (j).  The notice shall state that 
        the proposed child support order will be entered as a final and 
        binding default order unless one of the parties requests a 
        conference under subdivision 3 within 14 21 days following the 
        date of service of the proposed child support order.  The method 
        for requesting the conference shall be stated in the notice.  
        The notice and proposed child support order shall be served 
        under the rules of civil procedure.  For the purposes of the 
        contested hearing, and notwithstanding any law or rule to the 
        contrary, the service of the proposed order pursuant to this 
        paragraph shall be deemed to have commenced a proceeding and the 
        judge, including an administrative law judge or a referee, shall 
        have jurisdiction over the contested hearing.  
           (d) If a conference under subdivision 3 is not requested by 
        a party within 14 21 days after the date of service of the 
        proposed child support order, the public authority may enter 
        submit the proposed order as the default order.  The default 
        order becomes effective 30 days after the date of service of the 
        notice in paragraph (c) enforceable upon signature by an 
        administrative law judge, district court judge, or referee.  The 
        public authority may also prepare and serve a new notice and 
        proposed child support order if new information is subsequently 
        obtained.  The default child support order shall be a final 
        order, and shall be served under the rules of civil procedure. 
           (e) The public authority shall file in the district court 
        copies of all notices served on the parties, proof of service, 
        and all orders.  
           Sec. 3.  Minnesota Statutes 1994, section 518.5511, 
        subdivision 3, is amended to read: 
           Subd. 3.  [ADMINISTRATIVE CONFERENCE.] (a) If a party 
        requests a conference within 14 21 days of the date of service 
        of the proposed order, the public authority shall schedule a 
        conference, and shall serve written notice of the date, time, 
        and place of the conference on the parties. 
           (b) The purpose of the conference is to review all 
        available information and seek an agreement to enter a consent 
        child support order.  The notice shall state the purpose of the 
        conference, and that the proposed child support order will be 
        entered as a final and binding default order if the requesting 
        party fails to appear at the conference.  The notice shall be 
        served on the parties by first class mail at their last known 
        addresses, and the method of service shall be documented in the 
        public authority file. 
           (c) A party alleging domestic abuse by the other party 
        shall not be required to participate in a conference.  In such a 
        case, the public authority shall meet separately with the 
        parties in order to determine whether an agreement can be 
        reached. 
           (d) If the party requesting the conference does not appear 
        and fails to provide a written excuse (with supporting 
        documentation if relevant) to the public authority within seven 
        days after the date of the conference which constitutes good 
        cause, the public authority may enter a default child support 
        order through the uncontested administrative process.  The 
        public authority shall not enter the default order until at 
        least seven days after the date of the conference.  
           For purposes of this section, misrepresentation, excusable 
        neglect, or circumstances beyond the control of the person who 
        requested the conference which prevented the person's appearance 
        at the conference constitutes good cause for failure to appear.  
        If the public authority finds good cause, the conference shall 
        be rescheduled by the public authority and the public authority 
        shall send notice as required under this subdivision. 
           (e) If the parties appear at the conference, the public 
        authority shall seek agreement of the parties to the entry of a 
        consent child support order which establishes child support in 
        accordance with applicable law.  The public authority shall 
        advise the parties that if a consent order is not entered, the 
        matter will be scheduled for a hearing before an administrative 
        law judge, or a district court judge or referee, and that the 
        public authority will seek the establishment of child support at 
        the hearing in accordance with the highest amount permitted 
        under section 518.551, subdivision 5.  If an agreement to enter 
        the consent order is not reached at the conference, the public 
        authority shall schedule the matter before an administrative law 
        judge, district court judge, or referee for a contested hearing. 
           (f) If an agreement is reached by the parties at the 
        conference, a consent child support order shall be prepared by 
        the public authority, and shall be signed by the parties.  All 
        consent and default orders shall be signed by the nonattorney 
        employee of the public authority and shall be submitted to an 
        administrative law judge or the district court for 
        countersignature approval and signature.  The order is effective 
        enforceable upon the signature by the administrative law judge 
        or the district court and is retroactive to the date of 
        signature by the nonattorney employee of the public authority.  
        The consent order shall be served on the parties under the rules 
        of civil procedure. 
           Sec. 4.  Minnesota Statutes 1994, section 518.5511, 
        subdivision 4, is amended to read: 
           Subd. 4.  [CONTESTED ADMINISTRATIVE PROCEEDING.] (a) The 
        commissioner of human services is authorized to designate 
        counties to use the contested administrative hearing process 
        based upon federal guidelines for county performance.  The 
        contested administrative hearing process may also be initiated 
        upon request of a county board.  The administrative hearing 
        process shall be implemented in counties designated by the 
        commissioner.  All counties shall participate in the contested 
        administrative process established in this section as designated 
        in a statewide implementation plan to be set forth by the 
        commissioner of human services.  No county shall be required to 
        participate in the contested administrative process until after 
        the county has been trained.  The contested administrative 
        process shall be in operation in all counties no later than July 
        1, 1998, with the exception of Hennepin county which shall have 
        a pilot program in operation no later than July 1, 1996.  
           The Hennepin county pilot program shall be jointly planned, 
        implemented, and evaluated by the department of human services, 
        the office of administrative hearings, the fourth judicial 
        district court, and Hennepin county.  The pilot program shall 
        provide that one-half of the case load use the contested 
        administrative process.  The pilot program shall include an 
        evaluation which shall be conducted after one year of program 
        operation.  A preliminary evaluation report shall be submitted 
        by the commissioner to the legislature by March 1, 1997.  A 
        final evaluation report shall be submitted by the commissioner 
        to the legislature by January 15, 1998.  The pilot program shall 
        continue pending final decision by the legislature, or until the 
        commissioner determines that the pilot program shall discontinue 
        and that Hennepin county shall not participate in the contested 
        administrative process. 
           In counties designated by the commissioner, contested 
        hearings required under this section shall be scheduled before 
        administrative law judges, and shall be conducted in accordance 
        with the provisions under this section.  In counties not 
        designated by the commissioner, contested hearings shall be 
        conducted in district court in accordance with the rules of 
        civil procedure and the rules of family court. 
           (b) An administrative law judge may conduct hearings and 
        approve a stipulation reached on a contempt motion brought by 
        the public authority.  Any stipulation that involves a finding 
        of contempt and a jail sentence, whether stayed or imposed, 
        shall require the review and signature of a district court judge.
           (c) For the purpose of this process, all powers, duties, 
        and responsibilities conferred on judges of the district court 
        to obtain and enforce child and medical support and maintenance 
        obligations, subject to the limitation set forth herein, are 
        conferred on the administrative law judge conducting the 
        proceedings, including the power to issue subpoenas, to issue 
        orders to show cause, and to issue bench warrants for failure to 
        appear.  A party, witness, or attorney may appear or testify by 
        telephone, audiovisual means, or other electronic means, at the 
        discretion of the administrative law judge. 
           (d) Before implementing the process in a county, the chief 
        administrative law judge, the commissioner of human services, 
        the director of the county human services agency, the county 
        attorney, the county court administrator, and the county sheriff 
        shall jointly establish procedures, and the county shall provide 
        hearing facilities for implementing this process in the county.  
        A contested administrative hearing shall be conducted in a 
        courtroom, if one is available, or a conference or meeting room 
        with at least two exits and of sufficient size to permit 
        adequate physical separation of the parties.  The court 
        administrator shall, to the extent practical, provide 
        administrative support for the contested hearing.  Security 
        personnel shall either be present during the administrative 
        hearings, or be available to respond to a request for emergency 
        assistance.  
           (e) The contested administrative hearings shall be 
        conducted under the rules of the office of administrative 
        hearings, Minnesota Rules, parts 1400.5275, 1400.5500, 1400.6000 
        to 1400.6400, 1400.6600 to 1400.7000, 1400.7100 to 1400.7500, 
        1400.7700, and 1400.7800, and 1400.8100, as adopted by the chief 
        administrative law judge.  For matters not initiated under 
        subdivision 2, documents from the moving party shall be served 
        and filed at least 21 days prior to the hearing and the opposing 
        party shall serve and file documents raising new issues at least 
        ten days prior to the hearing.  In all contested administrative 
        proceedings, the administrative law judge may limit the extent 
        and timing of discovery.  Except as provided under this section, 
        other aspects of the case, including, but not limited 
        to, pleadings, discovery, and motions, shall be conducted under 
        the rules of family court, the rules of civil procedure, and 
        chapter 518.  
           (f) Pursuant to a contested administrative hearing, the 
        administrative law judge shall make findings of fact, 
        conclusions, and a final decision and issue an order.  Orders 
        issued by an administrative law judge may be enforceable by the 
        contempt powers of the district courts.  
           (g) At the time the matter is scheduled for a contested 
        hearing, the public authority shall file in the district court 
        copies of all relevant documents sent to or received from the 
        parties, in addition to the documents filed under subdivision 2, 
        paragraph (e).  For matters scheduled for a contested hearing 
        which were not initiated under subdivision 2, the public 
        authority shall obtain any income information available to the 
        public authority through the department of economic security and 
        serve this information on all parties and file the information 
        with the court at least five days prior to the hearing. 
           (h) The decision and order of the administrative law judge 
        is appealable to the court of appeals in the same manner as a 
        decision of the district court.  
           Sec. 5.  Minnesota Statutes 1994, section 518.5511, 
        subdivision 5, is amended to read: 
           Subd. 5.  [NONATTORNEY AUTHORITY.] Nonattorney employees of 
        the public authority responsible for child support may prepare, 
        sign, serve, and file complaints, motions, notices, summary 
        orders notices, proposed orders, default orders, and consent 
        orders for obtaining, modifying, or enforcing child and medical 
        support orders, orders establishing paternity, and related 
        documents, and orders to modify maintenance if combined with a 
        child support order.  The nonattorney may also conduct 
        prehearing conferences, and participate in proceedings before an 
        administrative law judge.  This activity shall not be considered 
        to be the unauthorized practice of law.  Nonattorney employees 
        may not represent the interests of any party other than the 
        public authority, and may not give legal advice to any party. 
           Sec. 6.  Minnesota Statutes 1994, section 518.5511, 
        subdivision 7, is amended to read: 
           Subd. 7.  [PUBLIC AUTHORITY LEGAL ADVISOR.] At all stages 
        of the administrative process prior to the contested hearing, 
        the county attorney, or other attorney under contract, shall act 
        as the legal advisor for the public authority, but shall not 
        play an active role in the review of information and, the 
        preparation of default and consent orders, and the contested 
        hearings unless the nonattorney employee of the public authority 
        requests the appearance of the county attorney. 
           Sec. 7.  Minnesota Statutes 1994, section 518.5511, 
        subdivision 9, is amended to read: 
           Subd. 9.  [TRAINING AND RESTRUCTURING.] (a) The 
        commissioner of human services, in consultation with the office 
        of administrative hearings, shall be responsible for the 
        supervision of the administrative process.  The commissioner of 
        human services shall provide training to child support officers 
        and other employees of the public authority persons involved in 
        the administrative process.  The commissioner of human services 
        shall prepare simple and easy to understand forms for all 
        notices and orders prescribed in this subdivision section, and 
        the public authority shall use them.  
           (b) The office of administrative hearings shall be 
        responsible for training and monitoring the performance of 
        administrative law judges, maintaining records of proceedings, 
        providing transcripts upon request, and maintaining the 
        integrity of the district court file. 
           Sec. 8.  [518.5512] [ADMINISTRATIVE PROCEDURES FOR CHILD 
        AND MEDICAL SUPPORT ORDERS AND PARENTAGE ORDERS.] 
           Subdivision 1.  [GENERAL.] The provisions of this section 
        apply to actions conducted in the administrative process 
        pursuant to section 518.5511. 
           Subd. 2.  [PATERNITY.] (a) A nonattorney employee of the 
        public authority may request an administrative law judge or the 
        district court to order the child, mother, or alleged father to 
        submit to blood or genetic tests.  The order is effective when 
        signed by an administrative law judge or the district court.  
        Failure to comply with the order for blood or genetic tests may 
        result in a default determination of parentage.  
           (b) If parentage is contested at the administrative 
        hearing, the administrative law judge may order temporary child 
        support under section 257.62, subdivision 5, and shall refer the 
        case to the district court. 
           (c) The district court may appoint counsel for an indigent 
        alleged father only after the return of the blood or genetic 
        test results from the testing laboratory. 
           Subd. 3.  [COST-OF-LIVING ADJUSTMENT.] The notice of 
        application for adjustment shall be treated as a proposed order 
        under section 518.5511, subdivision 2, paragraph (c).  The 
        public authority shall stay the adjustment of support upon 
        receipt of a request for an administrative conference.  An 
        obligor requesting an administrative conference shall provide 
        all relevant information that establishes an insufficient 
        increase in income to justify the adjustment of the support 
        obligation.  If the obligor fails to submit any evidence at the 
        administrative conference, the cost-of-living adjustment will 
        immediately go into effect. 
                                   ARTICLE 6
                                 APPROPRIATIONS
           Section 1.  [APPROPRIATIONS.] 
           Subdivision 1.  [CHILD SUPPORT OBLIGOR COMMUNITY SERVICE 
        WORK EXPERIENCE PROGRAM.] $119,000 is appropriated from the 
        general fund to the commissioner of human services to fund the 
        child support obligor community service work experience program 
        in article 1, section 15, to be available for the fiscal year 
        beginning July 1, 1996. 
           Subd. 2.  [MOTOR VEHICLE CERTIFICATES OF TITLE AND LICENSE 
        SUSPENSION.] $50,000 is appropriated from the general fund to 
        the commissioner of human services, for transfer to the 
        commissioner of public safety to fund the necessary changes to 
        the existing computer system to allow for memorialization of 
        liens on motor vehicle certificates of title and to allow for 
        suspension of drivers' licenses, to be available for the fiscal 
        year beginning July 1, 1995. 
           Subd. 3.  [SUSPENSION OF DRIVERS' LICENSES.] $24,000 is 
        appropriated from the general fund to the commissioner of human 
        services to allow the commissioner to seek the suspension of 
        drivers' licenses under Minnesota Statutes, section 518.551, 
        subdivision 13, to be available for the fiscal year beginning 
        July 1, 1996. 
           Subd. 4.  [WORK REPORTING SYSTEM.] $350,000 is appropriated 
        from the general fund to the commissioner of human services to 
        allow the commissioner to implement the work reporting system 
        under article 1, section 16, to be available for the fiscal year 
        beginning July 1, 1996. 
           Subd. 5.  [PUBLIC EDUCATION.] $150,000 is appropriated from 
        the general fund to the commissioner of human services for 
        continuance of the child support public education campaign; 
        $75,000 is available for the fiscal year beginning July 1, 1995; 
        and $75,000 is available for the fiscal year beginning July 1, 
        1996.  Any unencumbered balance remaining in the first year does 
        not cancel and is available for the second year of the biennium. 
           Subd. 6.  [COOPERATION FOR THE CHILDREN PROGRAM.] $100,000 
        is appropriated from the general fund to the commissioner of 
        human services for purposes of developing and implementing the 
        cooperation for the children program under article 1, section 
        14, and for the purpose of providing the requested funding to 
        the office of administrative hearings to develop and implement 
        the cooperation for the children program, to be available for 
        the fiscal year beginning July 1, 1996. 
           Subd. 7.  [MN ENABL.] (a) $362,000 is appropriated from the 
        general fund to the commissioner of health for purposes of 
        developing and implementing the MN ENABL program in article 4, 
        section 1; $181,000 is available for the fiscal year beginning 
        July 1, 1995; and $181,000 is available for the fiscal year 
        beginning July 1, 1996. 
           (b) $128,000 is appropriated from the state government 
        special revenue fund to the commissioner of health for the MN 
        ENABL program; $64,000 is available for the fiscal year 
        beginning July 1, 1995; and $64,000 is available for the fiscal 
        year beginning July 1, 1996. 
           (c) Any unencumbered balance remaining in the first year 
        under this subdivision does not cancel and is available for the 
        second year of the biennium. 
           Subd. 8.  [MOTOR VEHICLE LIENS.] $24,000 is appropriated 
        from the general fund to the commissioner of human services to 
        allow the commissioner to memorialize liens on motor vehicle 
        certificates of title under Minnesota Statutes, section 518.551, 
        subdivision 14, to be available for the fiscal year beginning 
        July 1, 1996. 
           Subd. 9.  [OCCUPATIONAL LICENSE SUSPENSION.] $10,000 is 
        appropriated from the general fund to the commissioner of human 
        services to implement the occupational license suspension 
        procedures under Minnesota Statutes, section 518.551, 
        subdivision 12, to be available for the fiscal year beginning 
        July 1, 1996. 
           Subd. 10.  [CHILD SUPPORT PAYMENT CENTER.] $358,000 is 
        appropriated from the general fund to the commissioner of human 
        services to create and maintain the child support payment center 
        under Minnesota Statutes, section 518.5851; $24,000 is available 
        for the fiscal year beginning July 1, 1995; and $334,000 is 
        available for the fiscal year beginning July 1, 1996. 
           Subd. 11.  [PUBLICATION OF NAMES.] $275,000 is appropriated 
        from the general fund to the commissioner of human services to 
        publish the names of delinquent child support obligors under 
        Minnesota Statutes, section 518.575, to be available for the 
        fiscal year beginning July 1, 1996. 
           Subd. 12.  [ADMINISTRATIVE PROCESS.] $1,150,000 is 
        appropriated from the general fund to the commissioner of human 
        services to develop and implement the contested administrative 
        process under Minnesota Statutes, section 518.5511, to be 
        available for the fiscal year beginning July 1, 1996. 
           Subd. 13.  [WAIVERS.] $288,000 is appropriated from the 
        general fund to the commissioner of human services to seek the 
        waivers required by this legislation; $148,000 is available for 
        the fiscal year beginning July 1, 1995; and $140,000 is 
        available for the fiscal year beginning July 1, 1996. 
           Subd. 14.  [VISITATION STUDY AND EDUCATION.] (a) $90,000 is 
        appropriated from the general fund to the commissioner of human 
        services to contract with the supreme court to conduct the study 
        under article 1, section 33, to be available until June 30, 1997.
           (b) $10,000 is appropriated from the general fund to the 
        commissioner of human services to contract with the attorney 
        general for purposes of educating and training prosecutors and 
        law enforcement officers on enforcement of laws relating to 
        child support, visitation, and custody, to be available until 
        June 30, 1997. 
           Subd. 15.  [CHILDREN'S VISITATION CENTERS.] $192,000 is 
        appropriated from the state government special revenue fund to 
        the commissioner of human services for supervised visitation 
        facilities under Minnesota Statutes, section 256F.09; $96,000 is 
        available for the fiscal year beginning July 1, 1995; and 
        $96,000 is available for the fiscal year beginning July 1, 1996. 
           Any unencumbered balance remaining in the first year does 
        not cancel and is available for the second year of the biennium. 
           Presented to the governor May 30, 1995 
           Signed by the governor June 1, 1995, 11:18 a.m.

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