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

                            CHAPTER 382-S.F.No. 2276 
                  An act relating to children; modifying certain 
                  parentage and child support enforcement provisions; 
                  changing terminology; amending Minnesota Statutes 
                  1996, sections 257.64, subdivision 3; 518.54, 
                  subdivision 8, and by adding a subdivision; 518.55, by 
                  adding a subdivision; 518.551, subdivisions 1, 5, 9, 
                  and by adding a subdivision; 518.615, subdivision 2; 
                  550.136, subdivision 2; and 571.921; Minnesota 
                  Statutes 1997 Supplement, sections 13.99, subdivision 
                  76b; 256.741, subdivision 1; 257.352, subdivision 3a; 
                  259.49, subdivision 1; 259.52, subdivisions 1, 2, 4, 
                  6, 8, 9, 10, 11, 12, 14, and by adding a subdivision; 
                  260.221, subdivisions 1 and 1a; 357.021, subdivision 
                  2; 518.54, subdivision 6; 518.551, subdivision 5b; 
                  518.5511, subdivision 2; 518.5512, subdivision 6; 
                  518.6111, subdivisions 8, 9, and 14; 518.615, 
                  subdivision 1; 518.6195; 518.64, subdivision 2; 
                  552.04, subdivision 4; Laws 1995, chapter 257, article 
                  1, section 34; Laws 1997, chapter 203, article 6, 
                  section 90; proposing coding for new law in Minnesota 
                  Statutes, chapter 518. 
        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
                                   ARTICLE 1
                                 CHILD SUPPORT 
           Section 1.  Minnesota Statutes 1997 Supplement, section 
        256.741, subdivision 1, is amended to read: 
           Subdivision 1.  [PUBLIC ASSISTANCE.] (a) The term "public 
        assistance" as used in this chapter and chapters 257, 518, and 
        518C, includes any form of assistance provided under AFDC, MFIP, 
        and MFIP-R under chapter 256, MFIP-S under chapter 256J, and 
        work first under chapter 256K; child care assistance provided 
        through the child care fund according to chapter 119B; any form 
        of medical assistance under chapter 256B; MinnesotaCare under 
        chapter 256 256L; and foster care as provided under title IV-E 
        of the Social Security Act. 
           (b) The term "child support agency" as used in this section 
        refers to the public authority responsible for child support 
        enforcement. 
           (c) The term "public assistance agency" as used in this 
        section refers to a public authority providing public assistance 
        to an individual. 
           Sec. 2.  Minnesota Statutes 1996, section 257.64, 
        subdivision 3, is amended to read: 
           Subd. 3.  If a party refuses to accept a recommendation 
        made under subdivision 1 and blood or genetic tests have not 
        been taken, the court shall require the parties to submit to 
        blood or genetic tests.  Any objection to blood or genetic 
        testing results must be made in writing no later than 15 days 
        before any hearing at which time the results may be introduced 
        into evidence.  Test results served upon a party must include a 
        notice of this right to object.  Thereafter the court shall make 
        an appropriate final recommendation.  If a party refuses to 
        accept the final recommendation the action shall be set for 
        trial.  
           Sec. 3.  Minnesota Statutes 1997 Supplement, section 
        518.54, subdivision 6, is amended to read: 
           Subd. 6.  [INCOME.] "Income" means any form of periodic 
        payment to an individual including, but not limited to, wages, 
        salaries, payments to an independent contractor, workers' 
        compensation, reemployment insurance, annuity, military and 
        naval retirement, pension and disability payments.  Benefits 
        received under Title IV-A of the Social Security Act and chapter 
        256J are not income under this section. 
           Sec. 4.  Minnesota Statutes 1996, section 518.54, 
        subdivision 8, is amended to read: 
           Subd. 8.  [OBLIGOR.] "Obligor" means a person obligated to 
        pay maintenance or support.  A person who is designated as the 
        sole physical custodian of a child is presumed not to be an 
        obligor for purposes of calculating current support under 
        section 518.551 unless the court makes specific written findings 
        to overcome this presumption. 
           Sec. 5.  Minnesota Statutes 1996, section 518.54, is 
        amended by adding a subdivision to read: 
           Subd. 13.  [ARREARS.] Arrears are amounts that accrue 
        pursuant to an obligor's failure to comply with a support 
        order.  Past support and pregnancy and confinement expenses 
        contained in a support order are arrears if the court order does 
        not contain repayment terms.  Arrears also arise by the 
        obligor's failure to comply with the terms of a court order for 
        repayment of past support or pregnancy and confinement 
        expenses.  An obligor's failure to comply with the terms for 
        repayment of amounts owed for past support or pregnancy and 
        confinement turns the entire amount owed into arrears. 
           Sec. 6.  Minnesota Statutes 1996, section 518.55, is 
        amended by adding a subdivision to read: 
           Subd. 4.  [DETERMINATION OF CONTROLLING ORDER.] The public 
        authority or a party may request the district court to determine 
        a controlling order in situations in which more than one order 
        involving the same obligor and child exists. 
           Sec. 7.  Minnesota Statutes 1996, section 518.551, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [SCOPE; PAYMENT TO PUBLIC AGENCY.] (a) This 
        section applies to all proceedings involving an award of child a 
        support order, including, but not limited to, a support order 
        establishing an order for past support or reimbursement of 
        public assistance. 
           (b) The court shall direct that all payments ordered for 
        maintenance and support be made to the public agency responsible 
        for child support enforcement so long as the obligee is 
        receiving or has applied for public assistance, or has applied 
        for child support and maintenance collection services.  Public 
        authorities responsible for child support enforcement may act on 
        behalf of other public authorities responsible for child support 
        enforcement.  This includes the authority to represent the legal 
        interests of or execute documents on behalf of the other public 
        authority in connection with the establishment, enforcement, and 
        collection of child support, maintenance, or medical support, 
        and collection on judgments.  Amounts received by the public 
        agency responsible for child support enforcement greater than 
        the amount granted to the obligee shall be remitted to the 
        obligee.  
           Sec. 8.  Minnesota Statutes 1996, 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 public assistance 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 (c) 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 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 standard 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 public 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 (c) 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. 
           (l) In establishing or modifying child support, if a child 
        receives a child's insurance benefit under United State's Code, 
        title 42, section 402, because the obligor is entitled to old 
        age or disability insurance benefits, the amount of support 
        ordered shall be offset by the amount of the child's benefit.  
        The court shall make findings regarding the obligor's income 
        from all sources, the child support amount calculated under this 
        section, the amount of the child's benefit, and the obligor's 
        child support obligation.  Any benefit received by the child in 
        a given month in excess of the child support obligation shall 
        not be treated as an arrearage payment or a future payment. 
           Sec. 9.  Minnesota Statutes 1997 Supplement, section 
        518.551, subdivision 5b, is amended to read: 
           Subd. 5b.  [DETERMINATION OF INCOME.] (a) The parties shall 
        timely serve and file documentation of earnings and income.  
        When there is a prehearing conference, the court must receive 
        the documentation of income at least ten days prior to the 
        prehearing conference.  Documentation of earnings and income 
        also includes, but is not limited to, pay stubs for the most 
        recent three months, employer statements, or statement of 
        receipts and expenses if self-employed.  Documentation of 
        earnings and income also includes copies of each parent's most 
        recent federal tax returns, including W-2 forms, 1099 forms, 
        reemployment insurance statements, workers' compensation 
        statements, and all other documents evidencing income as 
        received that provide verification of income over a longer 
        period. 
           (b) In addition to the requirements of paragraph (a), at 
        any time after an action seeking child support has been 
        commenced or when a child support order is in effect, a party or 
        the public authority may require the other party to give them a 
        copy of the party's most recent federal tax returns that were 
        filed with the Internal Revenue Service.  The party shall 
        provide a copy of the tax returns within 30 days of receipt of 
        the request unless the request is not made in good faith.  A 
        request under this paragraph may not be made more than once 
        every two years, in the absence of good cause. 
           (c) If a parent under the jurisdiction of the court does 
        not appear at a court hearing after proper notice of the time 
        and place of the hearing, the court shall set income for that 
        parent based on credible evidence before the court or in 
        accordance with paragraph (d).  Credible evidence may include 
        documentation of current or recent income, testimony of the 
        other parent concerning recent earnings and income levels, and 
        the parent's wage reports filed with the Minnesota department of 
        economic security under section 268.044.  
           (d) If the court finds that a parent is voluntarily 
        unemployed or underemployed or was voluntarily unemployed or 
        underemployed during the period for which past support is being 
        sought, child support shall be calculated based on a 
        determination of imputed income.  A parent is not considered 
        voluntarily unemployed or underemployed upon a showing by the 
        parent that the unemployment or underemployment:  (1) is 
        temporary and will ultimately lead to an increase in income; or 
        (2) represents a bona fide career change that outweighs the 
        adverse effect of that parent's diminished income on the child.  
        Imputed income means the estimated earning ability of a parent 
        based on the parent's prior earnings history, education, and job 
        skills, and on availability of jobs within the community for an 
        individual with the parent's qualifications.  
           (e) If the court is unable to determine or estimate the 
        earning ability of a parent If there is insufficient information 
        to determine actual income or to impute income pursuant to 
        paragraph (d), the court may calculate child support based on 
        full-time employment of 40 hours per week at 150 percent of the 
        federal minimum wage or the Minnesota minimum wage, whichever is 
        higher.  If the court is unable to determine or estimate the 
        earning ability of a parent, any medical support or child care 
        contribution must be calculated based upon the obligor's 
        proportionate share of the child care expenses using 40 hours 
        per week at 150 percent of the federal minimum wage or the 
        Minnesota minimum wage, whichever is higher.  If a parent is a 
        recipient of public assistance under section 256.741, or is 
        physically or mentally incapacitated, it shall be presumed that 
        the parent is not voluntarily unemployed or underemployed.  
           (e) (f) Income from self employment is equal to gross 
        receipts minus ordinary and necessary expenses.  Ordinary and 
        necessary expenses do not include amounts allowed by the 
        Internal Revenue Service for accelerated depreciation expenses 
        or investment tax credits or any other business expenses 
        determined by the court to be inappropriate for determining 
        income for purposes of child support.  The person seeking to 
        deduct an expense, including depreciation, has the burden of 
        proving, if challenged, that the expense is ordinary and 
        necessary.  Net income under this section may be different from 
        taxable income. 
           Sec. 10.  Minnesota Statutes 1996, section 518.551, is 
        amended by adding a subdivision to read: 
           Subd. 5f.  [SUBSEQUENT CHILDREN.] The needs of subsequent 
        children shall not be factored into a support guidelines 
        calculation under subdivision 5.  The fact that an obligor had 
        additional children after the entry of a child support order is 
        not grounds for a modification to decrease the amount of support 
        owed.  However, the fact that an obligor has subsequent children 
        shall be considered in response to a request by an obligee for a 
        modification to increase child support.  In order to deviate 
        from the support guidelines in subdivision 5 to consider the 
        needs of subsequent children, the trial court must: 
           (1) find the obligor's total ability to contribute to 
        dependent children, taking into account the obligor's income and 
        reasonable expenses exclusive of child care.  The obligor's 
        expenses must be: 
           (i) reduced as appropriate to take into account 
        contributions to those costs by other adults who share the 
        obligor's current household; and 
           (ii) apportioned between the parent and any subsequent 
        child with regard to shared benefits, including but not limited 
        to, housing and transportation; 
           (2) find the total needs of all the obligor's children, and 
        if these needs are less than the obligor's ability to pay, the 
        needs may become the obligor's child support obligation.  When 
        considering the needs of subsequent children, the trial court 
        must reduce those amounts as appropriate to take into account 
        the ability to contribute to those needs by another parent of 
        the children; 
           (3) make specific findings on the needs of the child or 
        children who are the subject of the support order under 
        consideration; and 
           (4) exercise discretion to fairly determine the current 
        support obligation and the contribution left available for other 
        children, considering that the support obligation being 
        determined should be in an amount at least equal to the 
        contribution for a subsequent child. 
           Sec. 11.  Minnesota Statutes 1996, section 518.551, 
        subdivision 9, is amended to read: 
           Subd. 9.  [ASSIGNMENT OF RIGHTS; JUDGMENT.] The public 
        agency responsible for child support enforcement is joined as a 
        party in each case in which rights are assigned under section 
        256.74 256.741, subdivision 5 2.  The court administrator shall 
        enter and docket a judgment obtained by operation of law under 
        section 548.091, subdivision 1, in the name of the public agency 
        to the extent that the obligation has been assigned.  When 
        arrearages are reduced to judgment under circumstances in which 
        section 548.091 is not applicable, the court shall grant 
        judgment in favor of, and in the name of, the public agency to 
        the extent that the arrearages are assigned.  After filing 
        notice of an assignment with the court administrator, who shall 
        enter the notice in the docket, the public agency may enforce a 
        judgment entered before the assignment of rights as if the 
        judgment were granted to it, and in its name, to the extent that 
        the arrearages in that judgment are assigned. 
           Sec. 12.  Minnesota Statutes 1997 Supplement, section 
        518.5511, subdivision 2, is amended to read: 
           Subd. 2.  [UNCONTESTED ADMINISTRATIVE PROCEEDING.] (a) 
        Following the initiation of the administrative process under 
        subdivision 1, paragraph (c) or (d), the public authority shall, 
        on the basis of all information available, complete and sign a 
        proposed order and notice.  The public authority shall attach a 
        support order worksheet.  In preparing the proposed 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).  If the 
        public authority has incomplete or insufficient information upon 
        which to prepare a proposed order, the public authority shall 
        use the default standard established in section 518.551, 
        subdivision 5b, paragraph (d), to prepare the proposed order.  
        The notice shall state that the proposed order will be entered 
        as a final and binding default order unless one of the parties 
        contacts the public authority regarding the proposed order 
        within 30 days following the date of service of the proposed 
        order.  The notice and proposed order shall be served under the 
        rules of civil procedure on the noninitiating party and by first 
        class mail on the initiating party.  After receipt of the notice 
        and proposed order, the court administrator shall file the 
        documents. 
           For the purposes of the administrative process, and 
        notwithstanding any law or rule to the contrary, the service of 
        the proposed order under this paragraph shall be deemed to have 
        commenced a proceeding and the judge shall have jurisdiction 
        over a contested administrative proceeding.  
           (b) If the public authority is not contacted by a party 
        within 30 days after the date of service of the proposed order, 
        the public authority may submit the proposed order as the 
        default order.  The default order becomes enforceable upon 
        signature by an administrative law judge.  The default order 
        shall be a final order, and shall be served under the rules of 
        civil procedure. 
           (c) If the public authority obtains new information after 
        service of the proposed order, the public authority may prepare 
        one notice and revised proposed order.  The revised order must 
        be served by first class mail on the parties.  If the public 
        authority is not contacted within seven days after the date of 
        service of the revised order, the public authority may submit 
        the revised order as a default order but in no event sooner than 
        30 days after the service of the original proposed order. 
           (d) The public authority shall file in the district court 
        copies of all notices served on the parties, proof of service, 
        the support order worksheet, and all orders.  
           Sec. 13.  Minnesota Statutes 1997 Supplement, section 
        518.5512, subdivision 6, is amended to read: 
           Subd. 6.  [CONTROLLING ORDER DETERMINATION.] The public 
        authority or a party may request the office of administrative 
        hearings to determine a controlling order according to section 
        518C.207, paragraph (c), or in situations in which more than one 
        order involving the same obligor and child exists. 
           Sec. 14.  Minnesota Statutes 1997 Supplement, section 
        518.6111, subdivision 8, is amended to read: 
           Subd. 8.  [CONTEST.] (a) The obligor may contest 
        withholding under subdivision 7 on the limited grounds that the 
        withholding or the amount withheld is improper due to mistake of 
        fact.  If the obligor chooses to contest the withholding, the 
        obligor must do so no later than 15 days after the employer 
        commences withholding, by doing all of the following: 
           (1) file a request for contested hearing according to 
        section 518.5511, subdivision 4 3a, and include in the request 
        the alleged mistake of fact; 
           (2) serve a copy of the request for contested hearing upon 
        the public authority and the obligee; and 
           (3) secure a date for the contested hearing no later than 
        45 days after receiving notice that withholding has commenced. 
           (b) The income withholding must remain in place while the 
        obligor contests the withholding. 
           (c) If the court finds a mistake in the amount of the 
        arrearage to be withheld, the court shall continue the income 
        withholding, but it shall correct the amount of the arrearage to 
        be withheld. 
           Sec. 15.  Minnesota Statutes 1997 Supplement, section 
        518.6111, subdivision 9, is amended to read: 
           Subd. 9.  [PRIORITY.] (a) An order for or notice of 
        withholding under this section or execution or garnishment upon 
        a judgment for child support arrearage 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, title 15 of the United States Code, section 
        1673(b). 
           (b) If more than one order for or notice of withholding 
        exists involving the same obligor and child, the public 
        authority shall enforce the most current recent order or 
        notice.  An order for or notice of withholding that was 
        previously implemented according to this section shall end as of 
        the date of the most current recent order.  The public authority 
        shall notify the payor of funds to withhold under the 
        most current recent withholding order or notice. 
           Sec. 16.  Minnesota Statutes 1997 Supplement, section 
        518.6111, subdivision 14, is amended to read: 
           Subd. 14.  [TERMINATION BY THE PUBLIC AUTHORITY.] If the 
        public authority determines that income withholding is no longer 
        applicable, the public authority shall notify the obligee and 
        the obligor of intent to terminate income withholding. 
           Five days following notification to the obligee and 
        obligor, the public authority shall issue a notice to the payor 
        of funds terminating income withholding, without a requirement 
        for a court order unless the obligee has requested a contested 
        hearing under section 518.5511, subdivision 4 3a. 
           Sec. 17.  Minnesota Statutes 1997 Supplement, section 
        518.615, subdivision 1, is amended to read: 
           Subdivision 1.  [ORDERS BINDING.] Notices or orders for 
        income withholding or medical support orders issued pursuant to 
        sections 518.171 and 518.6111 are binding on the employer, 
        trustee, or other payor of funds after the order and or notice 
        of for income withholding or enforcement of medical support has 
        been served on transmitted pursuant to section 518.6111 to the 
        employer, trustee, or payor of funds. 
           Sec. 18.  Minnesota Statutes 1996, section 518.615, 
        subdivision 2, is amended to read: 
           Subd. 2.  [CONTEMPT ACTION.] An obligee or the public 
        agency responsible for child support enforcement may initiate a 
        contempt action against an employer, trustee, or payor of funds, 
        within the action that created the support obligation, by 
        serving an order to show cause upon the employer, trustee, or 
        payor of funds.  
           The employer, trustee, or payor of funds is presumed to be 
        in contempt: 
           (1) if the employer, trustee, or payor of funds has 
        intentionally failed to withhold support after receiving the 
        order and or notice of for income withholding or notice of 
        enforcement of medical support; or 
           (2) upon presentation of pay stubs or similar documentation 
        showing the employer, trustee, or payor of funds withheld 
        support and demonstration that the employer, trustee, or payor 
        of funds intentionally failed to remit support to the agency 
        responsible for child support enforcement. 
           Sec. 19.  Minnesota Statutes 1997 Supplement, section 
        518.6195, is amended to read: 
           518.6195 [COLLECTION; ARREARS ONLY.] 
           (a) Remedies available for the collection and enforcement 
        of support in this chapter and chapters 256, 257, and 518C also 
        apply to cases in which the child or children for whom support 
        is owed are emancipated and the obligor owes past support or has 
        an accumulated arrearage as of the date of the youngest child's 
        emancipation.  Child support arrearages under this section 
        include arrearages for child support, medical support, child 
        care, pregnancy and birth expenses, and unreimbursed medical 
        expenses as defined in section 518.171. 
           (b) This section applies retroactively to any support 
        arrearage that accrued on or before the date of enactment and to 
        all arrearages accruing after the date of enactment. 
           (c) Past support or pregnancy and confinement expenses 
        ordered for which the obligor has specific court ordered terms 
        for repayment may not be enforced using drivers' and 
        occupational or professional license suspension, credit bureau 
        reporting, and additional income withholding under section 
        518.6111, subdivision 10, paragraph (a), unless the obligor 
        fails to comply with the terms of the court order for repayment. 
           Sec. 20.  Minnesota Statutes 1997 Supplement, 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.  
           On a motion to modify support, the needs of any child the 
        obligor has after the entry of the support order that is the 
        subject of a modification motion shall be considered as provided 
        by section 518.551, subdivision 5f. 
           (b) It is presumed that there has been a substantial change 
        in circumstances under paragraph (a) and the terms of a current 
        support order shall be rebuttably presumed to be unreasonable 
        and unfair if: 
           (1) 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; 
           (2) the medical support provisions of the order established 
        under section 518.171 are not enforceable by the public 
        authority or the custodial parent; 
           (3) health coverage ordered under section 518.171 is not 
        available to the child for whom the order is established by the 
        parent ordered to provide; or 
           (4) the existing support obligation is in the form of a 
        statement of percentage and not a specific dollar amount.  
           (c) 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. 
           (d) 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:  
           (1) 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; 
           (2) the party seeking modification was a recipient of 
        federal Supplemental Security Income (SSI), Title II Older 
        Americans, Survivor's Disability Insurance (OASDI), other 
        disability benefits, or public assistance based upon need during 
        the period for which retroactive modification is sought; or 
           (3) the order for which the party seeks amendment was 
        entered by default, the party shows good cause for not 
        appearing, and the record contains no factual evidence, or 
        clearly erroneous evidence regarding the individual obligor's 
        ability to pay.  
           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. 
           (e) 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. 
           (f) The court need not hold an evidentiary hearing on a 
        motion for modification of maintenance or support. 
           (g) Section 518.14 shall govern the award of attorney fees 
        for motions brought under this subdivision. 
           Sec. 21.  [518.642] [OVERPAYMENTS.] 
           If child support or maintenance is not assigned under 
        section 256.741, and an obligor has overpaid a child support or 
        maintenance obligation because of a modification or error in the 
        amount owed, the public authority shall: 
           (1) apply the amount of the overpayment to reduce the 
        amount of any child support or maintenance-related arrearages or 
        debts owed to the obligee; and 
           (2) if an overpayment exists after the reduction of any 
        arrearage or debt, reduce the amount of the child support 
        remitted to the obligee by an amount no greater than 20 percent 
        of the current monthly support or maintenance obligation and 
        remit this amount to the obligor until the overpayment is 
        reduced to zero. 
           Sec. 22.  Minnesota Statutes 1997 Supplement, section 
        552.04, subdivision 4, is amended to read: 
           Subd. 4.  [SERVICE OF THIRD PARTY LEVY; NOTICE AND 
        DISCLOSURE FORMS.] When levying upon money owed to the judgment 
        debtor by a third party, the public authority shall serve a copy 
        of the notice of support judgment levy upon the third party 
        either by registered or certified mail, or by personal service, 
        or by electronic transmission.  Along with a copy of the notice 
        of support judgment levy, the public authority shall serve upon 
        the third party a notice of support judgment levy and disclosure 
        form that must be substantially in the form set forth below. 
                       OFFICE OF ADMINISTRATIVE HEARINGS
                                     File No. ...........
        ........ (Public authority)
        against                        NOTICE OF SUPPORT JUDGMENT
        ........ (Judgment Debtor)     LEVY AND DISCLOSURE
        and                            (OTHER THAN EARNINGS)
        ........ (Third Party)
           PLEASE TAKE NOTICE that pursuant to Minnesota Statutes, 
        chapters 518 and 522, the undersigned, as representative of the 
        public authority responsible for child support enforcement, 
        makes demand and levies execution upon all money due and owing 
        by you to the judgment debtor for the amount of the judgment 
        specified below.  A copy of the notice of support judgment levy 
        is enclosed.  The unpaid judgment balance is $...... 
           In responding to this levy, you are to complete the 
        attached disclosure form and mail it to the public authority, 
        together with your check payable to the public authority, for 
        the nonexempt amount owed by you to the judgment debtor or for 
        which you are obligated to the judgment debtor, within the time 
        limits in chapter 552. 
                             Public Authority
                              Address
                              (........)
                              Phone number
           
                                   DISCLOSURE
           On the ... day of ......, 19..., the time of service of the 
        execution levy herein, there was due and owing the judgment 
        debtor from the third party the following: 
           (1) Money.  Enter on the line below any amounts due and 
        owing the judgment debtor, except earnings, from the third party.
           ......................... 
           (2) Setoff.  Enter on the line below the amount of any 
        setoff, defense, lien, or claim which the third party claims 
        against the amount set forth on line (1).  State the facts by 
        which the setoff, defense, lien, or claim is claimed.  (Any 
        indebtedness to you incurred by the judgment debtor within ten 
        days prior to the receipt of the first execution levy on a debt 
        may not be claimed as a setoff, defense, lien, or claim against 
        the amount set forth on line (1).) 
           ......................... 
           (3) Exemption.  Enter on the line below any amounts or 
        property claimed by the judgment debtor to be exempt from 
        execution. 
           ......................... 
           (4) Adverse Interest.  Enter on the line below any amounts 
        claimed by other persons by reason of ownership or interest in 
        the judgment debtor's property. 
           ......................... 
           (5) Enter on the line below the total of lines (2), (3), 
        and (4). 
           .........................  
           (6) Enter on the line below the difference obtained (never 
        less than zero when line (5) is subtracted from the amount on 
        line (1)).  
           ......................... 
           (7) Enter on the line below 100 percent of the amount of 
        the public authority's claim which remains unpaid.  
           ......................... 
           (8) Enter on the line below the lesser of line (6) and line 
        (7).  You are instructed to remit this amount only if it is $10 
        or more.  
           ......................... 
                                  AFFIRMATION
           I, .......... (person signing Affirmation), am the third 
        party or I am authorized by the third party to complete this 
        nonearnings disclosure, and have done so truthfully and to the 
        best of my knowledge. 
        Dated:..........                Signature
                                         ..........
                                         Title
                                         ..........
                                         Telephone Number
           Sec. 23.  Laws 1995, chapter 257, article 1, section 34, is 
        amended to read: 
           Sec. 34.  [REPORT.] 
           (a) The commissioner of human services 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 to determine the following: 
           (1) Minnesota's performance on the child support and 
        incentive measures submitted by the federal Office of Child 
        Support to the United States Congress; 
           (2) Minnesota's performance relative to other states; 
           (3) individual county performance; and 
           (4) recommendations for further improvement. 
           (b) The commissioner shall evaluate in separate categories 
        the federal, state, and local government costs of child support 
        enforcement in this state.  The evaluation must also include a 
        representative sample of private business costs relating to 
        child support enforcement based on a survey of at least 50 
        Minnesota businesses and nonprofit organizations. 
           (c) The commissioner shall also report on the amount of 
        child support arrearages in this state with separate categories 
        for the amount of child support in arrears for 90 days, six 
        months, one year, and two or more years.  The report must 
        establish a process for determining when an arrearage is 
        considered uncollectible based on the age of the arrearage and 
        likelihood of collection of the amount owed.  The amounts 
        determined to be uncollectible must be deducted from the total 
        amount of outstanding arrearages for purposes of determining 
        arrearages that are considered collectible. 
           (d) The first report on these topics shall be submitted to 
        the legislature by January 1, 1999, and subsequent reports shall 
        be submitted biennially before January 15 of each odd-numbered 
        year. 
           Sec. 24.  Laws 1997, chapter 203, article 6, section 90, is 
        amended to read: 
           Sec. 90.  [CHILD SUPPORT ENFORCEMENT PROGRAM; SERVICES 
        DELIVERY STUDY.] 
           The commissioner of human services, in consultation with 
        the commissioner's advisory committee, shall conduct a study of 
        the overall state child support enforcement delivery system and 
        shall recommend to the legislature a program design that will 
        best meet the following goals: 
           (1) comply with all state and federal laws and regulations; 
           (2) deliver child support and paternity services in a 
        timely manner; 
           (3) meet federal performance criteria; 
           (4) provide respectful and efficient service to custodial 
        and noncustodial parents; 
           (5) make efficient use of public money funding the program; 
        and 
           (6) provide a consistent level of services throughout the 
        state. 
           The study may make specific recommendations regarding 
        staffing, training, program administration, customer access to 
        services, use of technology, and other features of a successful 
        child support program.  The commissioner may contract with a 
        private vendor to complete the study.  The commissioner shall 
        provide the study and recommendations to the legislature by July 
        1, 1998 December 1, 1998. 
                                   ARTICLE 2 
                                OTHER PROVISIONS 
           Section 1.  Minnesota Statutes 1997 Supplement, section 
        13.99, subdivision 76b, is amended to read: 
           Subd. 76b.  [PUTATIVE FATHERS' ADOPTION REGISTRY.] Data in 
        the putative fathers' adoption registry are classified under 
        section 259.52, subdivision 4. 
           Sec. 2.  Minnesota Statutes 1997 Supplement, section 
        257.352, subdivision 3a, is amended to read: 
           Subd. 3a.  [UNKNOWN FATHER.] If the local social service 
        agency, private child-placing agency, the court, petitioner, or 
        any other party has reason to believe that a child who is the 
        subject of an adoptive placement proceeding is or may be an 
        Indian child but the father of the child is unknown and has not 
        registered with the putative fathers' adoption registry pursuant 
        to section 259.52, the agency or person shall provide to the 
        tribe believed to be the Indian child's tribe information 
        sufficient to enable the tribe to determine the child's 
        eligibility for membership in the tribe, including, but not 
        limited to, the legal and maiden name of the birth mother, her 
        date of birth, the names and dates of birth of her parents and 
        grandparents, and, if available, information pertaining to the 
        possible identity, tribal affiliation, or location of the birth 
        father. 
           Sec. 3.  Minnesota Statutes 1997 Supplement, section 
        259.49, subdivision 1, is amended to read: 
           Subdivision 1.  [TO WHOM GIVEN.] Except as provided in 
        subdivision 3, and subject to section 259.52, notice of the 
        hearing upon a petition to adopt a child must be given to:  
           (a) the guardian, if any, of a child; 
           (b) the parent of a child if: 
           (1) the person's name appears on the child's birth 
        certificate, as a parent; 
           (2) the person has substantially supported the child; 
           (3) the person either was married to the person designated 
        on the birth certificate as the natural mother within the 325 
        days before the child's birth or married that person within the 
        ten days after the child's birth; 
           (4) the person is openly living with the child or the 
        person designated on the birth certificate as the natural mother 
        of the child, or both; 
           (5) the person has been adjudicated the child's parent; 
           (6) the person has filed a paternity action within 30 days 
        after the child's birth and the action is still pending; 
           (7) the person and the mother of the child have signed a 
        declaration of parentage under section 257.34 before August 1, 
        1995, which has not been revoked or a recognition of parentage 
        under section 257.75, which has not been revoked or vacated; or 
           (8) the person: 
           (i) is not entitled to notice under clauses (1) to (7); 
           (ii) has registered with the putative fathers' adoption 
        registry; 
           (iii) after receiving a putative fathers' adoption registry 
        notice, has timely filed an intent to retain parental rights 
        with entry of appearance form under section 259.52; and 
           (iv) within 30 days of receipt of the putative fathers' 
        adoption registry notice has initiated a paternity action, 
        unless, for good cause shown, he is unable to do so within the 
        30 days; a paternity action must be initiated by the putative 
        father in district court; application to the public authority 
        for paternity establishment services does not constitute 
        initiation of an action; and 
           (c) the child's tribe pursuant to section 257.352, 
        subdivision 3, if the child is an Indian child. 
           Notice under this section need not be given to a person 
        listed in this subdivision whose parental rights have been 
        terminated.  The notice of the hearing may be waived by a 
        parent, guardian, or other interested party by a writing 
        executed before two competent witnesses and duly acknowledged.  
        The waiver must be filed in the adoption proceedings before the 
        matter is heard. 
           Sec. 4.  Minnesota Statutes 1997 Supplement, section 
        259.52, subdivision 1, is amended to read: 
           Subdivision 1.  [ESTABLISHMENT OF REGISTRY; PURPOSE; FEES.] 
        (a) The commissioner of health shall establish a putative 
        fathers' adoption registry for the purpose of determining the 
        identity and location of a putative father interested in a minor 
        child who is, or is expected to be, the subject of an adoption 
        proceeding, in order to provide notice of the adoption 
        proceeding to the putative father who is not otherwise entitled 
        to notice under section 259.49, subdivision 1, paragraph (a) or 
        (b), clauses (1) to (7).  The commissioner of health may 
        establish informational material and public service 
        announcements necessary to implement this section.  Any 
        limitation on a putative father's right to assert an interest in 
        the child as provided in this section applies only in adoption 
        proceedings and only to those putative fathers not entitled to 
        notice and consent under sections 259.24 and 259.49, subdivision 
        1, paragraph (a) or (b), clauses (1) to (7).  The commissioner 
        of health has no independent obligation to gather or update the 
        information to be maintained on the registry.  It is the 
        registrant's responsibility to update his personal information 
        on the registry.  
           (b) The putative fathers' adoption registry must contain 
        the following information: 
           (1) with respect to the putative father, the: 
           (i) name, including any other names by which the putative 
        father may be known and that he may provide to the registry; 
           (ii) address at which he may be served with notice of a 
        petition under this chapter, including any change of address; 
           (iii) social security number, if known; 
           (iv) date of birth; and 
           (v) if applicable, a certified copy of an order by a court 
        of another state or territory of the United States adjudicating 
        the putative father to be the father of this child; 
           (2) with respect to the mother of the child: 
           (i) name, including all other names known to the putative 
        father by which the mother may be known; 
           (ii) if known to the putative father, her last address; 
           (iii) social security number, if known; and 
           (iv) date of birth; 
           (3) if known to the putative father, the name, gender, 
        place of birth, and date of birth or anticipated date of birth 
        of the child; 
           (4) the date that the commissioner of health received the 
        putative father's registration; and 
           (5) other information the commissioner of health determines 
        by rule to be necessary for the orderly administration of the 
        registry. 
           (c) The commissioner of health shall notify the mother of 
        the child whenever a putative father has registered with the 
        father's adoption registry under this section.  Notice shall be 
        sent to the name and address submitted by the putative father 
        under paragraph (b), clause (2).  If no current address for the 
        mother is submitted by the putative father under paragraph (b), 
        clause (2), the commissioner of health shall not notify the 
        mother.  The commissioner of health has no independent 
        obligation to locate the mother.  The notice shall be mailed 
        within 14 days of the date that the commissioner received the 
        putative father's adoption registration unless a search has been 
        requested under subdivision 2.  There shall be no charge to the 
        birth mother for this notice. 
           (d) The commissioner of health shall set reasonable fees 
        for the use of the registry; however, a putative father shall 
        not be charged a fee for registering.  Revenues generated by the 
        fee must be deposited in the state government special revenue 
        fund and appropriated to the commissioner of health to 
        administer the putative fathers' adoption registry. 
           Sec. 5.  Minnesota Statutes 1997 Supplement, section 
        259.52, subdivision 2, is amended to read: 
           Subd. 2.  [REQUIREMENT TO SEARCH REGISTRY BEFORE ADOPTION 
        PETITION CAN BE GRANTED; PROOF OF SEARCH.] No petition for 
        adoption may be granted unless the agency supervising the 
        adoptive placement, the birth mother of the child, or, in the 
        case of a stepparent or relative adoption, the county agency 
        responsible for the report required under section 259.53, 
        subdivision 1, requests that the commissioner of health search 
        the registry to determine whether a putative father is 
        registered in relation to a child who is or may be the subject 
        of an adoption petition.  The search required by this 
        subdivision must be conducted no sooner than 31 days following 
        the birth of the child.  A search of the registry may be proven 
        by the production of a certified copy of the registration form 
        or by a certified statement of the commissioner of health that 
        after a search no registration of a putative father in relation 
        to a child who is or may be the subject of an adoption petition 
        could be located.  Certification that the putative fathers' 
        adoption registry has been searched must be filed with the court 
        prior to entry of any final order of adoption.  In addition to 
        the search required by this subdivision, the agency supervising 
        the adoptive placement, the birth mother of the child, or, in 
        the case of a stepparent or relative adoption, the county agency 
        responsible for the report under section 259.53, subdivision 1, 
        may request that the commissioner of health search the registry 
        at any time. 
           Sec. 6.  Minnesota Statutes 1997 Supplement, section 
        259.52, subdivision 4, is amended to read: 
           Subd. 4.  [CLASSIFICATION OF REGISTRY DATA.] Data in the 
        putative fathers' adoption registry are private data on 
        individuals, as defined in section 13.02, subdivision 2.  Data 
        in the registry may be released to: 
           (1) a person who is required to search the registry under 
        subdivision 2, if the data relate to the child who is or may be 
        the subject of the adoption petition; or 
           (2) the mother of the child listed on the putative father's 
        registration form who the commissioner of health is required to 
        notify under subdivision 1, paragraph (c); or 
           (3) a public authority as provided in subdivision 3. 
           A person who receives data under this subdivision may use 
        the data only for purposes authorized under this section or 
        other law. 
           Sec. 7.  Minnesota Statutes 1997 Supplement, section 
        259.52, subdivision 6, is amended to read: 
           Subd. 6.  [WHO MAY REGISTER.] Any putative father may 
        register with the putative fathers' adoption registry.  However, 
        any limitation on a putative father's right to assert an 
        interest in the child as provided in this section applies only 
        in adoption proceedings and only to those putative fathers not 
        entitled to notice and consent under sections 259.24 and 259.49, 
        subdivision 1, paragraph (a) or (b), clauses (1) to (7). 
           Sec. 8.  Minnesota Statutes 1997 Supplement, section 
        259.52, subdivision 8, is amended to read: 
           Subd. 8.  [FAILURE TO REGISTER.] Except for a putative 
        father who is entitled to notice and consent under sections 
        259.24 and 259.49, subdivision 1, paragraph (a) or (b), clauses 
        (1) to (7), a putative father who fails to timely register with 
        the putative fathers' adoption registry under subdivision 7: 
           (1) is barred thereafter from bringing or maintaining an 
        action to assert any interest in the child during the pending 
        adoption proceeding concerning the child; 
           (2) is considered to have waived and surrendered any right 
        to notice of any hearing in any judicial proceeding for adoption 
        of the child, and consent of that person to the adoption of the 
        child is not required; and 
           (3) is considered to have abandoned the child. 
           Failure to register under subdivision 7 is prima facie 
        evidence of sufficient grounds to support termination of the 
        putative father's parental rights under section 260.221, 
        subdivision 1. 
           A putative father who has not timely registered under 
        subdivision 7 is considered to have timely registered if he 
        proves by clear and convincing evidence that: 
           (i) it was not possible for him to register within the 
        period of time specified in subdivision 7; 
           (ii) his failure to register was through no fault of his 
        own; and 
           (iii) he registered within ten days after it became 
        possible for him to file. 
           A lack of knowledge of the pregnancy or birth is not an 
        acceptable reason for failure to register.  
           Sec. 9.  Minnesota Statutes 1997 Supplement, section 
        259.52, subdivision 9, is amended to read: 
           Subd. 9.  [NOTICE AND SERVICE FOR THOSE ON PUTATIVE 
        FATHERS' ADOPTION REGISTRY WHO ARE NOT OTHERWISE ENTITLED TO 
        NOTICE.] Any time after conception, an interested party, 
        including persons intending to adopt a child, a child welfare 
        agency with whom the mother has placed or has given written 
        notice of her intention to place a child for adoption, the 
        mother of a child, or any attorney representing an interested 
        party, may file with the court administrator a written request 
        that the putative fathers on the registry who have registered in 
        relation to the child be served with serve by certified mail a 
        putative fathers' adoption registry notice to registered 
        putative father, an intent to claim parental rights with entry 
        of appearance form, and a denial of paternity with entry of 
        appearance form, and a consent to adoption form pursuant to 
        subdivision 11.  These documents may be served on a putative 
        father in the same manner as a summons is served in other civil 
        proceedings, or, in lieu of personal service, service may be 
        made as follows: 
           (a) The person requesting notice shall pay to the court 
        administrator a mailing fee plus the cost of United States 
        postage for certified or registered mail and furnish to the 
        court administrator an original and one copy of the putative 
        fathers' adoption registry notice, the intent to claim parental 
        rights with entry of appearance form, and the denial of 
        paternity with entry of appearance and consent to adoption form 
        together with an affidavit setting forth the putative father's 
        last known address.  The original putative fathers' adoption 
        registry notice, the intent to claim parental rights with entry 
        of appearance form, and the denial of paternity with entry of 
        appearance and consent to adoption form must be retained by the 
        court administrator. 
           (b) The court administrator The interested party or that 
        party's attorney shall mail to the putative father, at the 
        address appearing in the affidavit provided to the registry, the 
        copy of the putative fathers' adoption registry notice to 
        registered putative father, the intent to claim parental 
        rights with entry of appearance form, and the denial of 
        paternity with entry of appearance form, and the consent to 
        adoption form by certified mail, return receipt requested.  The 
        envelope and return receipt must bear the return address of the 
        court administrator.  The receipt for certified mail must state 
        the name and address of the addressee and the date of mailing 
        and must be attached to the original notice. 
           (c) (b) The return receipt, when returned to the court 
        administrator filed with the court, must be attached to the 
        original putative fathers' adoption registry notice to 
        registered putative father, the intent to claim parental 
        rights with entry of appearance form, and the denial of 
        paternity with entry of appearance form, and the consent to 
        adoption form and constitutes proof of service. 
           (d) (c) The court administrator shall note the fact of 
        service in a permanent record. 
           Sec. 10.  Minnesota Statutes 1997 Supplement, section 
        259.52, subdivision 10, is amended to read: 
           Subd. 10.  [RESPONSE TO PUTATIVE FATHERS' ADOPTION REGISTRY 
        NOTICE TO REGISTERED PUTATIVE FATHER; LIMITATION OF RIGHTS FOR 
        FAILURE TO RESPOND AND UPON FILING OF DISCLAIMER DENIAL OF 
        PATERNITY.] Within 30 days of receipt of the putative fathers' 
        adoption registry notice to registered putative father, the 
        intent to claim parental rights with entry of appearance form, 
        and the denial of paternity with entry of appearance form, and 
        the consent to adoption form, the putative father must file a 
        completed intent to claim parental rights with entry of 
        appearance form with the court administrator stating that he 
        intends to initiate a paternity action within 30 days of receipt 
        of the putative fathers' adoption registry notice to registered 
        putative father in order to preserve the right to maintain an 
        interest in the child and receive notice during the pending 
        adoption proceeding.  Failure to initiate a paternity action 
        within 30 days of receipt of the putative fathers' adoption 
        registry notice to registered putative father does not act as a 
        bar to receiving notice under section 259.49.  If good cause is 
        shown, the putative father must be allowed more time to initiate 
        the paternity action.  A putative father who files a completed 
        denial of paternity with entry of appearance form and consent to 
        adoption form or who fails to timely file an intent to claim 
        parental rights with entry of appearance form with the court: 
           (1) is barred from later bringing or maintaining an action 
        to assert any interest in the child during the pending adoption 
        proceeding concerning the child; 
           (2) is considered to have waived and surrendered a right to 
        notice of a hearing in any judicial proceeding for adoption of 
        the child, and consent of that person to the adoption of the 
        child is not required; and 
           (3) is considered to have abandoned the child.  
        Failure to register is prima facie evidence of sufficient 
        grounds to support termination of the putative father's parental 
        rights. 
           Sec. 11.  Minnesota Statutes 1997 Supplement, section 
        259.52, subdivision 11, is amended to read: 
           Subd. 11.  [PUTATIVE FATHERS' ADOPTION REGISTRY NOTICE; 
        INTENT TO CLAIM PARENTAL RIGHTS WITH ENTRY OF APPEARANCE FORM; 
        DENIAL OF PATERNITY WITH ENTRY OF APPEARANCE; AND CONSENT TO 
        ADOPTION FORM FORMS.] (a) The putative father's adoption 
        registry notice sent under subdivision 9 must be substantially 
        as follows: 
           "IN THE MATTER OF NOTICE TO .........., REGISTERED PUTATIVE 
        FATHER. 
           You have signed the putative fathers' adoption registry 
        indicating that you are the father of a child born on the 
        .......... day of .........., ...., (or expected to be born on 
        or about the ....... day of .........., ....). 
           The mother of the child is ........... 
           The mother has indicated that she intends to place the 
        child for adoption. 
           As the alleged father of the child by virtue of signing the 
        putative fathers' adoption registry, you have certain legal 
        rights with respect to the child, including the right to notice 
        of the filing of proceedings instituted for the adoption of the 
        child.  If you wish to retain your rights with respect to the 
        child, you must file with the court administrator, Court of 
        .......... County, Minnesota, whose address is .........., 
        Minnesota, within 30 days after the date of receipt of this 
        notice, the enclosed intent to claim parental rights with entry 
        of appearance form stating that you are, in fact, the father of 
        the child and that you intend to retain your legal rights with 
        respect to the child by initiating a paternity action within 30 
        days of receipt of the putative fathers' adoption registry 
        notice. 
           If you do not file an intent to claim parental rights with 
        entry of appearance form or a request for notice, then whatever 
        legal rights you have with respect to the child, including the 
        right to notice of any future proceedings for the adoption of 
        the child, may be terminated without any further notice to you.  
        When your legal rights with respect to the child are so 
        terminated, you will not be entitled to notice of any proceeding 
        instituted for the adoption of the child. 
           If you are not the father of the child, you may file with 
        the court administrator the denial of paternity with entry of 
        appearance and consent to adoption form enclosed herewith and 
        you will receive no further notice with respect to the child." 
           (b) The intent to claim parental rights with entry of 
        appearance form sent under subdivision 9 must be substantially 
        as follows: 
          "INTENT TO CLAIM PARENTAL RIGHTS WITH ENTRY OF APPEARANCE
        I, .........., state as follows: 
           (1) That I am ..... years of age; and I reside at 
        .......... in the County of .........., State of ........... 
           (2) That I have been advised that .......... is the mother 
        of a .......... male/female child named .......... born or 
        expected to be born on or about .......... and that such mother 
        has stated that I am the father of this child. 
           (3) I declare that I am the father of this child. 
           (4) I understand that the mother of this child wishes to 
        consent to the adoption of this child.  I do not consent to the 
        adoption of this child, and I understand that I must return this 
        intent to claim parental rights with entry of appearance form to 
        the court administrator of .......... County, located at 
        .........., within 30 days of receipt of this notice. 
           (5) I further understand that I am also obligated to 
        initiate a paternity action under the Parentage Act (Minnesota 
        Statutes, sections 257.51 to 257.74) within 30 days of my 
        receiving the putative fathers' adoption registry notice, or, if 
        the child is not yet born, within 30 days after the birth of the 
        child, unless for good cause shown I am unable to do so.  That 
        proceeding is separate and distinct from the above mailing of 
        intent to claim parental rights with entry of appearance form; 
        in the paternity action, I must state that I am, in fact, the 
        father of said child for one or more of the reasons stated in 
        Minnesota Statutes, section 257.55, subdivision 1, and that I 
        intend to retain my legal rights with respect to said child, and 
        request to be notified of any further proceedings with respect 
        to custody or adoption of the child. 
           (6) I hereby enter my appearance in the above entitled 
        cause. 
                                     OATH
           I have been duly sworn and I say under oath that I have 
        read and understand this intent to claim parental rights with 
        entry of appearance form.  The facts that it contains are true 
        and correct to the best of my knowledge, and I understand that 
        by signing this document I admit my paternity.  I have signed 
        this document as my free and voluntary act. 
                                           ...........
                                           (Signature)
        Dated this .......... day of .........., ..... 
        Signed and Sworn Before Me This ....... day of .........., ..... 
                                           ...........
                                           (notary public)"
           (c) The denial of paternity with entry of appearance and 
        consent to adoption form sent under subdivision 9 must be 
        substantially as follows: 
              "DENIAL OF PATERNITY WITH ENTRY OF APPEARANCE AND
                             CONSENT TO ADOPTION
        I, .........., state as follows: 
           (1) That I am ..... years of age; and I reside at 
        .......... in the County of .........., State of ........... 
           (2) That I have been advised that .......... is the mother 
        of a .......... male/female child named .......... born or 
        expected to be born on or about .......... and that I have 
        registered with the putative fathers' adoption registry stating 
        that I am the father of this child. 
           (3) I now deny that I am the father of this child.  My 
        denial at this time will not subject me to any criminal 
        liability. 
           (4) I further understand that the mother of this child 
        wishes to consent to the adoption of the child.  I hereby 
        consent to the adoption of this child, and waive any rights, 
        remedies, and defenses that I may have now or in the future.  
        This consent is being given in order to facilitate the adoption 
        of the child and so that the court may terminate what rights I 
        may have to the child.  This consent is not in any manner an 
        admission of paternity. 
           (5) I hereby enter my appearance in the above entitled 
        cause and waive service of summons and other pleading. 
                                     OATH
           I have been duly sworn and I say under oath that I have 
        read and understood this denial of paternity with entry of 
        appearance and consent to adoption.  The facts it contains are 
        true and correct to the best of my knowledge, and I understand 
        that by signing this document I have not admitted paternity.  I 
        have signed this document as my free and voluntary act in order 
        to facilitate the adoption of the child. 
                                           ...........
                                           (Signature)
        Dated this .......... day of .........., ..... 
        Signed and Sworn Before Me This ....... day of .........., ..... 
                                           ...........
                                           (notary public)"
           [The names of adoptive parents must not be included in the 
        notice.] The office of the state court administrator shall 
        develop the following forms:  
           (1) notice to registered putative father; 
           (2) intent to claim parental rights; 
           (3) denial of paternity; and 
           (4) consent to adoption. 
           Sec. 12.  Minnesota Statutes 1997 Supplement, section 
        259.52, subdivision 12, is amended to read: 
           Subd. 12.  [RIGHT TO COUNSEL AT PUBLIC EXPENSE.] Upon proof 
        of indigency, a putative father who has registered with the 
        fathers' adoption registry, has received a putative fathers' 
        adoption registry notice to registered putative father, and has 
        timely filed an intent to claim paternal rights with entry of 
        appearance form with the court administrator, must have counsel 
        appointed at public expense. 
           Sec. 13.  Minnesota Statutes 1997 Supplement, section 
        259.52, subdivision 14, is amended to read: 
           Subd. 14.  [FEES FOR PUTATIVE FATHERS' ADOPTION REGISTRY.] 
        The district court administrator in every judicial district 
        shall, in addition to any other filing fees, assess a $75 
        adoption filing fee surcharge on each adoption petition filed in 
        the district court for the purpose of implementing and 
        maintaining the putative fathers' adoption registry.  The court 
        administrator shall forward fees collected under this 
        subdivision to the commissioner of finance for deposit into the 
        state government special revenue fund to be appropriated to the 
        commissioner of health to administer the putative fathers' 
        adoption registry established under this section. 
           Sec. 14.  Minnesota Statutes 1997 Supplement, section 
        259.52, is amended by adding a subdivision to read: 
           Subd. 15.  [INTERNATIONAL ADOPTIONS.] This section does not 
        apply to international adoptions. 
           Sec. 15.  Minnesota Statutes 1997 Supplement, section 
        260.221, subdivision 1, is amended to read: 
           Subdivision 1.  [VOLUNTARY AND INVOLUNTARY.] The juvenile 
        court may upon petition, terminate all rights of a parent to a 
        child with the written consent of a parent who for good cause 
        desires to terminate parental rights; or if it finds that one or 
        more of the following conditions exist: 
           (1) that the parent has abandoned the child; or 
           (2) that the parent has substantially, continuously, or 
        repeatedly refused or neglected to comply with the duties 
        imposed upon that parent by the parent and child relationship, 
        including but not limited to providing the child with necessary 
        food, clothing, shelter, education, and other care and control 
        necessary for the child's physical, mental, or emotional health 
        and development, if the parent is physically and financially 
        able, and reasonable efforts by the social service agency have 
        failed to correct the conditions that formed the basis of the 
        petition; or 
           (3) that a parent has been ordered to contribute to the 
        support of the child or financially aid in the child's birth and 
        has continuously failed to do so without good cause.  This 
        clause shall not be construed to state a grounds for termination 
        of parental rights of a noncustodial parent if that parent has 
        not been ordered to or cannot financially contribute to the 
        support of the child or aid in the child's birth; or 
           (4) that a parent is palpably unfit to be a party to the 
        parent and child relationship because of a consistent pattern of 
        specific conduct before the child or of specific conditions 
        directly relating to the parent and child relationship either of 
        which are determined by the court to be of a duration or nature 
        that renders the parent unable, for the reasonably foreseeable 
        future, to care appropriately for the ongoing physical, mental, 
        or emotional needs of the child.  It is presumed that a parent 
        is palpably unfit to be a party to the parent and child 
        relationship upon a showing that: 
           (i) the child was adjudicated in need of protection or 
        services due to circumstances described in section 260.015, 
        subdivision 2a, clause (1), (2), (3), (5), or (8); and 
           (ii) the parent's parental rights to one or more other 
        children were involuntarily terminated under clause (1), (2), 
        (4), or (7), or under clause (5) if the child was initially 
        determined to be in need of protection or services due to 
        circumstances described in section 260.015, subdivision 2a, 
        clause (1), (2), (3), (5), or (8); or 
           (5) that following upon a determination of neglect or 
        dependency, or of a child's need for protection or services, 
        reasonable efforts, under the direction of the court, have 
        failed to correct the conditions leading to the determination.  
        It is presumed that reasonable efforts under this clause have 
        failed upon a showing that: 
           (i) a child has resided out of the parental home under 
        court order for a cumulative period of more than one year within 
        a five-year period following an adjudication of dependency, 
        neglect, need for protection or services under section 260.015, 
        subdivision 2a, clause (1), (2), (3), (6), (8), or (9), or 
        neglected and in foster care, and an order for disposition under 
        section 260.191, including adoption of the case plan required by 
        section 257.071; 
           (ii) conditions leading to the determination will not be 
        corrected within the reasonably foreseeable future.  It is 
        presumed that conditions leading to a child's out-of-home 
        placement will not be corrected in the reasonably foreseeable 
        future upon a showing that the parent or parents have not 
        substantially complied with the court's orders and a reasonable 
        case plan, and the conditions which led to the out-of-home 
        placement have not been corrected; and 
           (iii) reasonable efforts have been made by the social 
        service agency to rehabilitate the parent and reunite the family.
           This clause does not prohibit the termination of parental 
        rights prior to one year after a child has been placed out of 
        the home.  
           It is also presumed that reasonable efforts have failed 
        under this clause upon a showing that: 
           (i) the parent has been diagnosed as chemically dependent 
        by a professional certified to make the diagnosis; 
           (ii) the parent has been required by a case plan to 
        participate in a chemical dependency treatment program; 
           (iii) the treatment programs offered to the parent were 
        culturally, linguistically, and clinically appropriate; 
           (iv) the parent has either failed two or more times to 
        successfully complete a treatment program or has refused at two 
        or more separate meetings with a caseworker to participate in a 
        treatment program; and 
           (v) the parent continues to abuse chemicals.  
        Provided, that this presumption applies only to parents required 
        by a case plan to participate in a chemical dependency treatment 
        program on or after July 1, 1990; or 
           (6) that a child has experienced egregious harm in the 
        parent's care which is of a nature, duration, or chronicity that 
        indicates a lack of regard for the child's well-being, such that 
        a reasonable person would believe it contrary to the best 
        interest of the child or of any child to be in the parent's 
        care; or 
           (7) that in the case 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 the person is not entitled to notice 
        of an adoption hearing under section 259.49 and the person has 
        not registered with the putative fathers' adoption registry 
        under section 259.52; or 
           (8) that the child is neglected and in foster care; or 
           (9) that the parent has been convicted of a crime listed in 
        section 260.012, paragraph (b), clauses (1) to (3). 
           In an action involving an American Indian child, sections 
        257.35 to 257.3579 and the Indian Child Welfare Act, United 
        States Code, title 25, sections 1901 to 1923, control to the 
        extent that the provisions of this section are inconsistent with 
        those laws. 
           Sec. 16.  Minnesota Statutes 1997 Supplement, section 
        260.221, subdivision 1a, is amended to read: 
           Subd. 1a.  [EVIDENCE OF ABANDONMENT.] For purposes of 
        subdivision 1, clause (1): 
           (a) Abandonment is presumed when: 
           (1) the parent has had no contact with the child on a 
        regular basis and not demonstrated consistent interest in the 
        child's well-being for six months; and 
           (2) the social service agency has made reasonable efforts 
        to facilitate contact, unless the parent establishes that an 
        extreme financial or physical hardship or treatment for mental 
        disability or chemical dependency or other good cause prevented 
        the parent from making contact with the child.  This presumption 
        does not apply to children whose custody has been determined 
        under chapter 257 or 518.  The court is not prohibited from 
        finding abandonment in the absence of this presumption. 
           (b) The following are prima facie evidence of abandonment 
        where adoption proceedings are pending and there has been a 
        showing that the person was not entitled to notice of an 
        adoption proceeding under section 259.49: 
           (1) failure to register with the putative fathers' adoption 
        registry under section 259.52; or 
           (2) if the person registered with the putative fathers' 
        adoption registry under section 259.52: 
           (i) filing a denial of paternity within 30 days of receipt 
        of notice under section 259.52, subdivision 8; 
           (ii) failing to timely file an intent to claim parental 
        rights with entry of appearance form within 30 days of receipt 
        of notice under section 259.52, subdivision 10; or 
           (iii) timely filing an intent to claim parental rights with 
        entry of appearance form within 30 days of receipt of notice 
        under section 259.52, subdivision 10, but failing to initiate a 
        paternity action within 30 days of receiving the putative 
        fathers' adoption registry notice where there has been no 
        showing of good cause for the delay. 
           Sec. 17.  Minnesota Statutes 1997 Supplement, section 
        357.021, subdivision 2, is amended to read: 
           Subd. 2.  [FEE AMOUNTS.] The fees to be charged and 
        collected by the court administrator shall be as follows: 
           (1) In every civil action or proceeding in said court, 
        including any case arising under the tax laws of the state that 
        could be transferred or appealed to the tax court, the 
        plaintiff, petitioner, or other moving party shall pay, when the 
        first paper is filed for that party in said action, a fee of 
        $122. 
           The defendant or other adverse or intervening party, or any 
        one or more of several defendants or other adverse or 
        intervening parties appearing separately from the others, shall 
        pay, when the first paper is filed for that party in said 
        action, a fee of $122. 
           The party requesting a trial by jury shall pay $75. 
           The fees above stated shall be the full trial fee 
        chargeable to said parties irrespective of whether trial be to 
        the court alone, to the court and jury, or disposed of without 
        trial, and shall include the entry of judgment in the action, 
        but does not include copies or certified copies of any papers so 
        filed or proceedings under chapter 103E, except the provisions 
        therein as to appeals. 
           (2) Certified copy of any instrument from a civil or 
        criminal proceeding, $10, and $5 for an uncertified copy. 
           (3) Issuing a subpoena, $3 for each name. 
           (4) Issuing an execution and filing the return thereof; 
        issuing a writ of attachment, injunction, habeas corpus, 
        mandamus, quo warranto, certiorari, or other writs not 
        specifically mentioned, $10. 
           (5) Issuing a transcript of judgment, or for filing and 
        docketing a transcript of judgment from another court, $7.50. 
           (6) Filing and entering a satisfaction of judgment, partial 
        satisfaction, or assignment of judgment, $5. 
           (7) Certificate as to existence or nonexistence of 
        judgments docketed, $5 for each name certified to. 
           (8) Filing and indexing trade name; or recording basic 
        science certificate; or recording certificate of physicians, 
        osteopaths, chiropractors, veterinarians, or optometrists, $5. 
           (9) For the filing of each partial, final, or annual 
        account in all trusteeships, $10. 
           (10) For the deposit of a will, $5. 
           (11) For recording notary commission, $25, of which, 
        notwithstanding subdivision 1a, paragraph (b), $20 must be 
        forwarded to the state treasurer to be deposited in the state 
        treasury and credited to the general fund. 
           (12) When a defendant pleads guilty to or is sentenced for 
        a petty misdemeanor other than a parking violation, the 
        defendant shall pay a fee of $11. 
           (13) Filing a motion or response to a motion for 
        modification of child support, a fee fixed by rule or order of 
        the supreme court.  
           (14) All other services required by law for which no fee is 
        provided, such fee as compares favorably with those herein 
        provided, or such as may be fixed by rule or order of the court. 
           (15) In addition to any other filing fees under this 
        chapter, a surcharge in the amount of $75 must be assessed in 
        accordance with section 259.52, subdivision 14, for each 
        adoption petition filed in district court to fund the putative 
        fathers' adoption registry under section 259.52. 
           The fees in clauses (3) and (4) need not be paid by a 
        public authority or the party the public authority represents. 
           Sec. 18.  Minnesota Statutes 1996, section 550.136, 
        subdivision 2, is amended to read: 
           Subd. 2.  [DEFINITIONS.] For purposes of this section, the 
        following terms have the meanings given them: 
           (a) "earnings" means: 
           (1) compensation paid or payable to an employee for 
        personal service whether denominated as wages, salary, 
        commissions, bonus, or otherwise, and includes periodic payments 
        pursuant to a pension or retirement program; or 
           (2) compensation paid or payable to the producer for the 
        sale of agricultural products; livestock or livestock products; 
        milk or milk products; or fruit or other horticultural products 
        produced when the producer is operating a family farm, a family 
        farm corporation, or an authorized farm corporation, as defined 
        in section 500.24, subdivision 2; or 
           (3) maintenance as defined in section 518.54, subdivision 3.
           (b) "disposable earnings" means that part of the earnings 
        of an individual remaining after the deduction from those 
        earnings of amounts required by law to be withheld; 
           (c) "employee" means an individual who performs services 
        subject to the right of the employer to control both what is 
        done and how it is done; and 
           (d) "employer" means a person for whom an individual 
        performs services as an employee. 
           Sec. 19.  Minnesota Statutes 1996, section 571.921, is 
        amended to read: 
           571.921 [DEFINITIONS.] 
           For purposes of sections 571.921 to 571.926, the following 
        terms have the meanings given them: 
           (a) "Earnings" means: 
           (1) compensation paid or payable to an employee for 
        personal service whether denominated as wages, salary, 
        commissions, bonus, or otherwise, and includes periodic payments 
        pursuant to a pension or retirement program; or 
           (2) compensation paid or payable to the producer for the 
        sale of agricultural products; livestock or livestock products; 
        milk or milk products; or fruit or other horticultural products 
        produced when the producer is operating a family farm, a family 
        farm corporation, or an authorized farm corporation, as defined 
        in section 500.24, subdivision 2; or 
           (3) maintenance as defined in section 518.54, subdivision 3.
           (b) "Disposable earnings" means that part of the earnings 
        of an individual remaining after the deduction from those 
        earnings of amounts required by law to be withheld. 
           (c) "Employee" means an individual who performs services 
        subject to the right of the employer to control both what is 
        done and how it is done. 
           (d) "Employer" means a person for whom an individual 
        performs services as an employee.  
           Sec. 20.  [EFFECTIVE DATE.] 
           Sections 1 to 17 are effective the day following final 
        enactment. 
           Presented to the governor April 10, 1998 
           Signed by the governor April 20, 1998, 11:25 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