1.1                          A bill for an act 
  1.2             relating to family law; repealing the administrative 
  1.3             process for support orders; establishing a child 
  1.4             support magistrate system; amending Minnesota Statutes 
  1.5             1998, sections 357.021, subdivision 1a; 484.70, 
  1.6             subdivision 1; 518.54, by adding a subdivision; 
  1.7             518.551, subdivisions 9, 12, 13, and 14; 518.575, 
  1.8             subdivision 1; 518.616, subdivision 1; and 552.05, 
  1.9             subdivision 10; Laws 1998, chapter 338, section 8; 
  1.10            proposing coding for new law in Minnesota Statutes, 
  1.11            chapters 484; and 518; repealing Minnesota Statutes 
  1.12            1998, sections 518.5511; and 518.5512. 
  1.13  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.14                             ARTICLE 1
  1.15      EXPEDITED ADMINISTRATIVE PROCEDURES AND JUDICIAL PROCESS 
  1.16     Section 1.  Minnesota Statutes 1998, section 484.70, 
  1.17  subdivision 1, is amended to read: 
  1.18     Subdivision 1.  [APPOINTMENT.] The chief judge of the 
  1.19  judicial district may appoint one or more suitable persons to 
  1.20  act as referees.  Referees shall hold office at the pleasure of 
  1.21  the judges of the district court and shall be learned in the 
  1.22  law, except that persons holding the office of referee on 
  1.23  January 1, 1983, may continue to serve under the terms and 
  1.24  conditions of their appointment.  All referees are subject to 
  1.25  the administrative authority and assignment power of the chief 
  1.26  judge of the district as provided in section 484.69, subdivision 
  1.27  3, and are not limited to assignment to family, probate, 
  1.28  juvenile or special term court.  Part time referees holding 
  1.29  office in the second judicial district pursuant to this 
  2.1   subdivision shall cease to hold office on July 31, 1984.  
  2.2      Sec. 2.  [484.702] [EXPEDITED CHILD SUPPORT HEARING 
  2.3   PROCESS.] 
  2.4      Subdivision 1.  [CREATION; SCOPE.] (a) The supreme court 
  2.5   shall create an expedited child support hearing process to 
  2.6   establish, modify, and enforce child support; and enforce 
  2.7   maintenance, if combined with child support.  The process must 
  2.8   be designed to handle child support and paternity matters in 
  2.9   compliance with federal law. 
  2.10     (b) All proceedings establishing, modifying, or enforcing 
  2.11  support orders; and enforcing maintenance orders, if combined 
  2.12  with a support proceeding, must be conducted in the expedited 
  2.13  process if the case is a IV-D case.  Cases that are not IV-D 
  2.14  cases may not be conducted in the expedited process. 
  2.15     (c) This section does not prevent a party, upon timely 
  2.16  notice to the public authority, from commencing an action or 
  2.17  bringing a motion in district court for the establishment, 
  2.18  modification, or enforcement of support, or enforcement of 
  2.19  maintenance orders if combined with a support proceeding, where 
  2.20  additional issues involving domestic abuse, establishment or 
  2.21  modification of custody or visitation, or property issues exist 
  2.22  as noticed by the complaint, motion, counter motion, or counter 
  2.23  action. 
  2.24     (d) The expedited process may include contempt actions or 
  2.25  actions to establish parentage. 
  2.26     (e) The expedited process should meet the following goals: 
  2.27     (1) be streamlined and uniform statewide and result in 
  2.28  timely and consistent issuance of orders; 
  2.29     (2) be accessible to the parties without the need for an 
  2.30  attorney and minimize litigation; 
  2.31     (3) be a cost-effective use of limited financial resources; 
  2.32  and 
  2.33     (4) comply with applicable federal law. 
  2.34     (f) For purposes of this section, "IV-D case" has the 
  2.35  meaning given in section 518.54. 
  2.36     Subd. 2.  [ADMINISTRATION.] (a) The state court 
  3.1   administrator shall provide for the administration of the 
  3.2   expedited child support hearing process in each judicial 
  3.3   district. 
  3.4      (b) Until June 30, 2000, the office of administrative 
  3.5   hearings and the state court administrator may enter into 
  3.6   contracts to provide one or more administrative law judges to 
  3.7   serve as child support magistrates and for administrative and 
  3.8   case management support.  The title to all personal property 
  3.9   used in the administrative child support process mutually agreed 
  3.10  upon by the office of administrative hearings and the office of 
  3.11  the state court administrator must be transferred to the state 
  3.12  court administrator for use in the expedited child support 
  3.13  process. 
  3.14     Subd. 3.  [APPOINTMENT OF CHILD SUPPORT MAGISTRATES.] The 
  3.15  chief judge of each judicial district may appoint one or more 
  3.16  suitable persons to act as child support magistrates for the 
  3.17  expedited child support hearing process, with the confirmation 
  3.18  of the supreme court.  A child support magistrate may be hired 
  3.19  on a full-time, part-time, or contract basis. 
  3.20     Subd. 4.  [TRAINING AND QUALIFICATIONS OF CHILD SUPPORT 
  3.21  MAGISTRATES.] The supreme court may: 
  3.22     (1) provide training for individuals who serve as child 
  3.23  support magistrates for the expedited child support hearing 
  3.24  process; 
  3.25     (2) establish minimum qualifications for child support 
  3.26  magistrates; and 
  3.27     (3) establish a policy for evaluating and removing child 
  3.28  support magistrates. 
  3.29     Subd. 5.  [RULES.] The supreme court, in consultation with 
  3.30  the conference of chief judges, shall adopt rules to implement 
  3.31  the expedited child support hearing process under this section. 
  3.32     Sec. 3.  Minnesota Statutes 1998, section 518.54, is 
  3.33  amended by adding a subdivision to read: 
  3.34     Subd. 14.  [IV-D CASE.] "IV-D case" means a case where a 
  3.35  party has assigned to the state rights to child support because 
  3.36  of the receipt of public assistance as defined in section 
  4.1   256.741 or has applied for child support services under title 
  4.2   IV-D of the Social Security Act, United States Code, title 42, 
  4.3   section 654(4). 
  4.4      Sec. 4.  Minnesota Statutes 1998, section 518.551, 
  4.5   subdivision 9, is amended to read: 
  4.6      Subd. 9.  [ASSIGNMENT OF RIGHTS; JUDGMENT.] (a) The public 
  4.7   agency responsible for child support enforcement is joined as a 
  4.8   party in each case in which rights are assigned under section 
  4.9   256.741, subdivision 2.  The court administrator shall enter and 
  4.10  docket a judgment obtained by operation of law under section 
  4.11  548.091, subdivision 1, in the name of the public agency to the 
  4.12  extent that the obligation has been assigned.  When arrearages 
  4.13  are reduced to judgment under circumstances in which section 
  4.14  548.091 is not applicable, the court shall grant judgment in 
  4.15  favor of, and in the name of, the public agency to the extent 
  4.16  that the arrearages are assigned.  After filing notice of an 
  4.17  assignment with the court administrator, who shall enter the 
  4.18  notice in the docket, the public agency may enforce a judgment 
  4.19  entered before the assignment of rights as if the judgment were 
  4.20  granted to it, and in its name, to the extent that the 
  4.21  arrearages in that judgment are assigned. 
  4.22     (b) The public authority is a real party in interest in any 
  4.23  IV-D case where there has been an assignment of support.  In all 
  4.24  other IV-D cases, the public authority has a pecuniary interest, 
  4.25  as well as an interest in the welfare of the children involved 
  4.26  in those cases.  The public authority may intervene as a matter 
  4.27  of right in those cases to assure that child support orders are 
  4.28  obtained and enforced which provide for an appropriate and 
  4.29  accurate level of child, medical, and child care support.  If 
  4.30  the public authority participates in a IV-D case where the 
  4.31  action taken by the public authority requires the use of an 
  4.32  attorney's services, the public authority shall be represented 
  4.33  by an attorney consistent with the provisions in section 518.255.
  4.34     Sec. 5.  [518.5513] [PUBLIC AUTHORITY PROCEDURES FOR CHILD 
  4.35  AND MEDICAL SUPPORT ORDERS AND PARENTAGE ORDERS.] 
  4.36     Subdivision 1.  [GENERAL.] The public authority may use the 
  5.1   provisions of this section in cases in which support rights are 
  5.2   assigned under section 256.741, subdivision 2, or where the 
  5.3   public authority is providing services under an application for 
  5.4   child support services. 
  5.5      Subd. 2.  [ROLE OF NONATTORNEY EMPLOYEES; GENERAL 
  5.6   PROVISIONS.] (a) Nonattorney employees of the public authority 
  5.7   may:  
  5.8      (1) gather information on behalf of the public authority; 
  5.9      (2) meet and confer with parties to a child support or 
  5.10  paternity proceeding in person, by mail, telephone, electronic 
  5.11  means, or any other method that facilitates communication and 
  5.12  agreement; and 
  5.13     (3) exercise other powers on behalf of the public authority 
  5.14  under this section as provided in subdivisions 3 to 5. 
  5.15     (b) In consultation with the county attorney, nonattorney 
  5.16  employees of the public authority may draft pleadings.  The 
  5.17  county attorney must review and sign all pleadings. 
  5.18     Subd. 3.  [PREPARATION OF FINANCIAL WORKSHEET.] (a) In 
  5.19  cases involving establishment or modification of a child support 
  5.20  order, a nonattorney employee of the public authority shall 
  5.21  prepare a financial worksheet that contains: 
  5.22     (1) names and addresses of the parties; 
  5.23     (2) Social Security numbers of the parties; 
  5.24     (3) number of members in household of each party and 
  5.25  dependents of the parties; 
  5.26     (4) names and addresses of the parties' employers; 
  5.27     (5) net income of the parties as defined in section 
  5.28  518.551, subdivision 5, with the authorized deductions itemized; 
  5.29     (6) amounts and sources of any other earnings and income of 
  5.30  the parties; 
  5.31     (7) health insurance coverage of parties; and 
  5.32     (8) any other information relevant to the determination of 
  5.33  child or medical support under section 518.171 or 518.551, 
  5.34  subdivision 5. 
  5.35     (b) In preparing the financial worksheet, the nonattorney 
  5.36  employee of the public authority shall obtain any income 
  6.1   information available to the public authority from the 
  6.2   department of economic security and serve this information on 
  6.3   the parties.  The information must be filed with the court or 
  6.4   child support magistrate at least five days before any hearing 
  6.5   involving child support, medical support, or child care 
  6.6   reimbursement issues. 
  6.7      Subd. 4.  [NONCONTESTED MATTERS.] Under the direction of 
  6.8   the county attorney and based on agreement of the parties, 
  6.9   nonattorney employees may prepare a stipulation, findings of 
  6.10  fact, conclusions of law, and proposed order.  The documents 
  6.11  must be approved and signed by the county attorney as to form 
  6.12  and content before submission to the court or child support 
  6.13  magistrate for approval. 
  6.14     Subd. 5.  [ADMINISTRATIVE AUTHORITY.] (a) The public 
  6.15  authority may take the following actions relating to 
  6.16  establishment of paternity or to establishment, modification, or 
  6.17  enforcement of support orders, without the necessity of 
  6.18  obtaining an order from any judicial or administrative tribunal: 
  6.19     (1) recognize and enforce orders of child support agencies 
  6.20  of other states; 
  6.21     (2) upon request for genetic testing by a child, parent, or 
  6.22  any alleged parent, and using the procedure in paragraph (b), 
  6.23  order the child, parent, or alleged parent to submit to blood or 
  6.24  genetic testing for the purpose of establishing paternity; 
  6.25     (3) subpoena financial or other information needed to 
  6.26  establish, modify, or enforce a child support order and request 
  6.27  sanctions for failure to respond to a subpoena; 
  6.28     (4) upon notice to the obligor, obligee, and the 
  6.29  appropriate court, direct the obligor or other payor to change 
  6.30  the payee to the central collections unit under sections 
  6.31  518.5851 to 518.5853; 
  6.32     (5) order income withholding of child support under section 
  6.33  518.6111; 
  6.34     (6) secure assets to satisfy the debt or arrearage in cases 
  6.35  in which there is a support debt or arrearage by: 
  6.36     (i) intercepting or seizing periodic or lump sum payments 
  7.1   from state or local agencies, including reemployment insurance, 
  7.2   workers' compensation payments, judgments, settlements, 
  7.3   lotteries, and other lump sum payments; 
  7.4      (ii) attaching and seizing assets of the obligor held in 
  7.5   financial institutions or public or private retirement funds; 
  7.6   and 
  7.7      (iii) imposing liens in accordance with section 548.091 
  7.8   and, in appropriate cases, forcing the sale of property and the 
  7.9   distribution of proceeds; 
  7.10     (7) for the purpose of securing overdue support, increase 
  7.11  the amount of the monthly support payments by an additional 
  7.12  amount equal to 20 percent of the monthly support payment to 
  7.13  include amounts for debts or arrearages; and 
  7.14     (8) subpoena an employer or payor of funds to provide 
  7.15  promptly information on the employment, compensation, and 
  7.16  benefits of an individual employed by that employer as an 
  7.17  employee or contractor, and to request sanctions for failure to 
  7.18  respond to the subpoena as provided by law. 
  7.19     (b) A request for genetic testing by a child, parent, or 
  7.20  alleged parent must be support by a sworn statement by the 
  7.21  person requesting genetic testing alleging paternity, which sets 
  7.22  forth facts establishing a reasonable possibility of the 
  7.23  requisite sexual contact between the parties, or denying 
  7.24  paternity, and setting forth facts establishing a reasonable 
  7.25  possibility of the nonexistence of sexual contact between the 
  7.26  alleged parties.  The order for genetic tests may be served 
  7.27  anywhere within the state and served outside the state in the 
  7.28  same manner as prescribed by law for service of subpoenas issued 
  7.29  by the district court of this state.  If the child, parent, or 
  7.30  alleged parent fails to comply with the genetic testing order, 
  7.31  the public authority may seek to enforce that order in district 
  7.32  court through a motion to compel testing.  No results obtained 
  7.33  through genetic testing done in response to an order issued 
  7.34  under this section may be used in any criminal proceeding. 
  7.35     (c) Subpoenas may be served anywhere within the state and 
  7.36  served outside the state in the same manner as prescribed by law 
  8.1   for service of process of subpoenas issued by the district court 
  8.2   of this state.  When a subpoena under this subdivision is served 
  8.3   on a third-party recordkeeper, written notice of the subpoena 
  8.4   shall be mailed to the person who is the subject of the 
  8.5   subpoenaed material at the person's last known address within 
  8.6   three days of the day the subpoena is served.  This notice 
  8.7   provision does not apply if there is reasonable cause to believe 
  8.8   the giving of the notice may lead to interference with the 
  8.9   production of the subpoenaed documents. 
  8.10     (d) A person served with a subpoena may make a written 
  8.11  objection to the public authority or court before the time 
  8.12  specified in the subpoena for compliance.  The public authority 
  8.13  or the court shall cancel or modify the subpoena, if 
  8.14  appropriate.  The public authority shall pay the reasonable 
  8.15  costs of producing the documents, if requested. 
  8.16     (e) Subpoenas are enforceable in the same manner as 
  8.17  subpoenas of the district court.  Upon motion of the IV-D 
  8.18  attorney, the court may issue an order directing the production 
  8.19  of the records.  Failure to comply with the court order may 
  8.20  subject the person who fails to comply to civil or criminal 
  8.21  contempt of court. 
  8.22     (f) The administrative actions under this subdivision are 
  8.23  subject to due process safeguards, including requirements for 
  8.24  notice, opportunity to contest the action, and opportunity to 
  8.25  appeal the order to the judge, judicial officer, or child 
  8.26  support magistrate. 
  8.27     Sec. 6.  Minnesota Statutes 1998, section 552.05, 
  8.28  subdivision 10, is amended to read: 
  8.29     Subd. 10.  [FORMS.] The commissioner of human services 
  8.30  shall supreme court is requested to develop statutory forms for 
  8.31  use as required under this chapter.  In developing these forms, 
  8.32  the commissioner shall consult with the attorney general, 
  8.33  representatives of financial institutions, and legal services.  
  8.34  The commissioner shall report back to the legislature by 
  8.35  February 1, 1998, with recommended forms to be included in this 
  8.36  chapter. 
  9.1      Sec. 7.  [TRANSITIONAL PROVISIONS.] 
  9.2      Judicial districts are encouraged to utilize the existing 
  9.3   expertise of child support administrative law judges in 
  9.4   appointing child support magistrates under section 2 in order to 
  9.5   facilitate the transfer of these functions to the judicial 
  9.6   branch. 
  9.7      Sec. 8.  Laws 1998, chapter 338, section 8, is amended to 
  9.8   read: 
  9.9      Sec. 8.  [EVALUATION AND RECOMMENDATIONS.] 
  9.10     The commissioner of human services, in consultation with 
  9.11  the commissioner's advisory committee for child support 
  9.12  enforcement and the supreme court, shall evaluate the extent to 
  9.13  which the administrative process has met the legislative mandate 
  9.14  to develop and implement an administrative process that is 
  9.15  simple, streamlined, informal, uniform throughout the state, and 
  9.16  accessible to parties without counsel expedited process.  The 
  9.17  evaluation shall determine the extent to which the expedited 
  9.18  process meets the goals set forth in Minnesota Statutes, section 
  9.19  484.702, and the level of satisfaction with the expedited 
  9.20  process reported by parents who have participated in the 
  9.21  process.  Results shall be reported, to the extent possible, 
  9.22  statewide, by county and by judicial district.  The commissioner 
  9.23  shall present recommendations for further progress towards these 
  9.24  mandates the legislative goals.  The evaluation and 
  9.25  recommendations shall be presented to the legislature by 
  9.26  December 15, 1999 2000. 
  9.27                             ARTICLE 2 
  9.28                   ADMINISTRATIVE PROCESS REPEAL
  9.29     Section 1.  Minnesota Statutes 1998, section 357.021, 
  9.30  subdivision 1a, is amended to read: 
  9.31     Subd. 1a.  [TRANSMITTAL OF FEES TO STATE TREASURER.] (a) 
  9.32  Every person, including the state of Minnesota and all bodies 
  9.33  politic and corporate, who shall transact any business in the 
  9.34  district court, shall pay to the court administrator of said 
  9.35  court the sundry fees prescribed in subdivision 2.  Except as 
  9.36  provided in paragraph (d), the court administrator shall 
 10.1   transmit the fees monthly to the state treasurer for deposit in 
 10.2   the state treasury and credit to the general fund.  
 10.3      (b) In a county which has a screener-collector position, 
 10.4   fees paid by a county pursuant to this subdivision shall be 
 10.5   transmitted monthly to the county treasurer, who shall apply the 
 10.6   fees first to reimburse the county for the amount of the salary 
 10.7   paid for the screener-collector position.  The balance of the 
 10.8   fees collected shall then be forwarded to the state treasurer 
 10.9   for deposit in the state treasury and credited to the general 
 10.10  fund.  In a county in the eighth judicial district which has a 
 10.11  screener-collector position, the fees paid by a county shall be 
 10.12  transmitted monthly to the state treasurer for deposit in the 
 10.13  state treasury and credited to the general fund.  A 
 10.14  screener-collector position for purposes of this paragraph is an 
 10.15  employee whose function is to increase the collection of fines 
 10.16  and to review the incomes of potential clients of the public 
 10.17  defender, in order to verify eligibility for that service. 
 10.18     (c) No fee is required under this section from the public 
 10.19  authority or the party the public authority represents in an 
 10.20  action for: 
 10.21     (1) child support enforcement or modification, medical 
 10.22  assistance enforcement, or establishment of parentage in the 
 10.23  district court, or child or medical support enforcement 
 10.24  conducted by an administrative law judge in an administrative 
 10.25  hearing under section 518.5511; 
 10.26     (2) civil commitment under chapter 253B; 
 10.27     (3) the appointment of a public conservator or public 
 10.28  guardian or any other action under chapters 252A and 525; 
 10.29     (4) wrongfully obtaining public assistance under section 
 10.30  256.98 or 256D.07, or recovery of overpayments of public 
 10.31  assistance; 
 10.32     (5) court relief under chapter 260; 
 10.33     (6) forfeiture of property under sections 169.1217 and 
 10.34  609.531 to 609.5317; 
 10.35     (7) recovery of amounts issued by political subdivisions or 
 10.36  public institutions under sections 246.52, 252.27, 256.045, 
 11.1   256.25, 256.87, 256B.042, 256B.14, 256B.15, 256B.37, and 
 11.2   260.251, or other sections referring to other forms of public 
 11.3   assistance; 
 11.4      (8) restitution under section 611A.04; or 
 11.5      (9) actions seeking monetary relief in favor of the state 
 11.6   pursuant to section 16D.14, subdivision 5. 
 11.7      (d) The fees collected for child support modifications 
 11.8   under subdivision 2, clause (13), must be transmitted to the 
 11.9   county treasurer for deposit in the county general fund.  The 
 11.10  fees must be used by the county to pay for child support 
 11.11  enforcement efforts by county attorneys. 
 11.12     Sec. 2.  Minnesota Statutes 1998, section 518.551, 
 11.13  subdivision 12, is amended to read: 
 11.14     Subd. 12.  [OCCUPATIONAL LICENSE SUSPENSION.] (a) Upon 
 11.15  motion of an obligee, if the court finds that the obligor is or 
 11.16  may be licensed by a licensing board listed in section 214.01 or 
 11.17  other state, county, or municipal agency or board that issues an 
 11.18  occupational license and the obligor is in arrears in 
 11.19  court-ordered child support or maintenance payments or both in 
 11.20  an amount equal to or greater than three times the obligor's 
 11.21  total monthly support and maintenance payments and is not in 
 11.22  compliance with a written payment agreement regarding both 
 11.23  current support and arrearages approved by the court, an 
 11.24  administrative law judge, a child support magistrate, or the 
 11.25  public authority, the administrative law judge, or the court 
 11.26  shall direct the licensing board or other licensing agency to 
 11.27  suspend the license under section 214.101.  The court's order 
 11.28  must be stayed for 90 days in order to allow the obligor to 
 11.29  execute a written payment agreement regarding both current 
 11.30  support and arrearages.  The payment agreement must be approved 
 11.31  by either the court or the public authority responsible for 
 11.32  child support enforcement.  If the obligor has not executed or 
 11.33  is not in compliance with a written payment agreement regarding 
 11.34  both current support and arrearages after the 90 days expires, 
 11.35  the court's order becomes effective.  If the obligor is a 
 11.36  licensed attorney, the court shall report the matter to the 
 12.1   lawyers professional responsibility board for appropriate action 
 12.2   in accordance with the rules of professional conduct.  The 
 12.3   remedy under this subdivision is in addition to any other 
 12.4   enforcement remedy available to the court. 
 12.5      (b) If a public authority responsible for child support 
 12.6   enforcement finds that the obligor is or may be licensed by a 
 12.7   licensing board listed in section 214.01 or other state, county, 
 12.8   or municipal agency or board that issues an occupational license 
 12.9   and the obligor is in arrears in court-ordered child support or 
 12.10  maintenance payments or both in an amount equal to or greater 
 12.11  than three times the obligor's total monthly support and 
 12.12  maintenance payments and is not in compliance with a written 
 12.13  payment agreement regarding both current support and arrearages 
 12.14  approved by the court, an administrative law judge, a child 
 12.15  support magistrate, or the public authority, the court, an 
 12.16  administrative law judge, or the public authority shall direct 
 12.17  the licensing board or other licensing agency to suspend the 
 12.18  license under section 214.101.  If the obligor is a licensed 
 12.19  attorney, the public authority may report the matter to the 
 12.20  lawyers professional responsibility board for appropriate action 
 12.21  in accordance with the rules of professional conduct.  The 
 12.22  remedy under this subdivision is in addition to any other 
 12.23  enforcement remedy available to the public authority. 
 12.24     (c) At least 90 days before notifying a licensing authority 
 12.25  or the lawyers professional responsibility board under paragraph 
 12.26  (b), the public authority shall mail a written notice to the 
 12.27  license holder addressed to the license holder's last known 
 12.28  address that the public authority intends to seek license 
 12.29  suspension under this subdivision and that the license holder 
 12.30  must request a hearing within 30 days in order to contest the 
 12.31  suspension.  If the license holder makes a written request for a 
 12.32  hearing within 30 days of the date of the notice, either a court 
 12.33  hearing or a contested administrative proceeding must be held 
 12.34  under section 518.5511, subdivision 4.  Notwithstanding any law 
 12.35  to the contrary, the license holder must be served with 14 days' 
 12.36  notice in writing specifying the time and place of the hearing 
 13.1   and the allegations against the license holder.  The notice may 
 13.2   be served personally or by mail.  If the public authority does 
 13.3   not receive a request for a hearing within 30 days of the date 
 13.4   of the notice, and the obligor does not execute a written 
 13.5   payment agreement regarding both current support and arrearages 
 13.6   approved by the public authority within 90 days of the date of 
 13.7   the notice, the public authority shall direct the licensing 
 13.8   board or other licensing agency to suspend the obligor's license 
 13.9   under paragraph (b), or shall report the matter to the lawyers 
 13.10  professional responsibility board. 
 13.11     (d) The administrative law judge, on behalf of The public 
 13.12  authority, or the court shall notify the lawyers professional 
 13.13  responsibility board for appropriate action in accordance with 
 13.14  the rules of professional responsibility conduct or order the 
 13.15  licensing board or licensing agency to suspend the license if 
 13.16  the judge finds that: 
 13.17     (1) the person is licensed by a licensing board or other 
 13.18  state agency that issues an occupational license; 
 13.19     (2) the person has not made full payment of arrearages 
 13.20  found to be due by the public authority; and 
 13.21     (3) the person has not executed or is not in compliance 
 13.22  with a payment plan approved by the court, an administrative law 
 13.23  judge, a child support magistrate, or the public authority. 
 13.24     (e) Within 15 days of the date on which the obligor either 
 13.25  makes full payment of arrearages found to be due by the court or 
 13.26  public authority or executes and initiates good faith compliance 
 13.27  with a written payment plan approved by the court, an 
 13.28  administrative law judge, a child support magistrate, or the 
 13.29  public authority, the court, an administrative law judge, a 
 13.30  child support magistrate, or the public authority responsible 
 13.31  for child support enforcement shall notify the licensing board 
 13.32  or licensing agency or the lawyers professional responsibility 
 13.33  board that the obligor is no longer ineligible for license 
 13.34  issuance, reinstatement, or renewal under this subdivision. 
 13.35     (f) In addition to the criteria established under this 
 13.36  section for the suspension of an obligor's occupational license, 
 14.1   a court, an administrative law judge, a child support 
 14.2   magistrate, or the public authority may direct the licensing 
 14.3   board or other licensing agency to suspend the license of a 
 14.4   party who has failed, after receiving notice, to comply with a 
 14.5   subpoena relating to a paternity or child support proceeding.  
 14.6   Notice to an obligor of intent to suspend must be served by 
 14.7   first class mail at the obligor's last known address.  The 
 14.8   notice must inform the obligor of the right to request a 
 14.9   hearing.  If the obligor makes a written request within ten days 
 14.10  of the date of the hearing, a contested administrative 
 14.11  proceeding hearing must be held under section 518.5511, 
 14.12  subdivision 4.  At the hearing, the only issues to be considered 
 14.13  are mistake of fact and whether the obligor received the 
 14.14  subpoena. 
 14.15     (g) The license of an obligor who fails to remain in 
 14.16  compliance with an approved payment agreement may be suspended.  
 14.17  Notice to the obligor of an intent to suspend under this 
 14.18  paragraph must be served by first class mail at the obligor's 
 14.19  last known address and must include a notice of hearing.  The 
 14.20  notice must be served upon the obligor not less than ten days 
 14.21  before the date of the hearing.  If the obligor appears at the 
 14.22  hearing and the judge determines that the obligor has failed to 
 14.23  comply with an approved payment agreement, the judge shall 
 14.24  notify the occupational licensing board or agency to suspend the 
 14.25  obligor's license under paragraph (c).  If the obligor fails to 
 14.26  appear at the hearing, the public authority may notify the 
 14.27  occupational or licensing board to suspend the obligor's license 
 14.28  under paragraph (c). 
 14.29     Sec. 3.  Minnesota Statutes 1998, section 518.551, 
 14.30  subdivision 13, is amended to read: 
 14.31     Subd. 13.  [DRIVER'S LICENSE SUSPENSION.] (a) Upon motion 
 14.32  of an obligee, which has been properly served on the obligor and 
 14.33  upon which there has been an opportunity for hearing, if a court 
 14.34  finds that the obligor has been or may be issued a driver's 
 14.35  license by the commissioner of public safety and the obligor is 
 14.36  in arrears in court-ordered child support or maintenance 
 15.1   payments, or both, in an amount equal to or greater than three 
 15.2   times the obligor's total monthly support and maintenance 
 15.3   payments and is not in compliance with a written payment 
 15.4   agreement regarding both current support and arrearages approved 
 15.5   by the court, an administrative law judge, a child support 
 15.6   magistrate, or the public authority, the court shall order the 
 15.7   commissioner of public safety to suspend the obligor's driver's 
 15.8   license.  The court's order must be stayed for 90 days in order 
 15.9   to allow the obligor to execute a written payment agreement 
 15.10  regarding both current support and arrearages, which payment 
 15.11  agreement must be approved by either the court or the public 
 15.12  authority responsible for child support enforcement.  If the 
 15.13  obligor has not executed or is not in compliance with a written 
 15.14  payment agreement regarding both current support and arrearages 
 15.15  after the 90 days expires, the court's order becomes effective 
 15.16  and the commissioner of public safety shall suspend the 
 15.17  obligor's driver's license.  The remedy under this subdivision 
 15.18  is in addition to any other enforcement remedy available to the 
 15.19  court.  An obligee may not bring a motion under this paragraph 
 15.20  within 12 months of a denial of a previous motion under this 
 15.21  paragraph. 
 15.22     (b) If a public authority responsible for child support 
 15.23  enforcement determines that the obligor has been or may be 
 15.24  issued a driver's license by the commissioner of public safety 
 15.25  and the obligor is in arrears in court-ordered child support or 
 15.26  maintenance payments or both in an amount equal to or greater 
 15.27  than three times the obligor's total monthly support and 
 15.28  maintenance payments and not in compliance with a written 
 15.29  payment agreement regarding both current support and arrearages 
 15.30  approved by the court, an administrative law judge, a child 
 15.31  support magistrate, or the public authority, the public 
 15.32  authority shall direct the commissioner of public safety to 
 15.33  suspend the obligor's driver's license.  The remedy under this 
 15.34  subdivision is in addition to any other enforcement remedy 
 15.35  available to the public authority. 
 15.36     (c) At least 90 days prior to notifying the commissioner of 
 16.1   public safety according to paragraph (b), the public authority 
 16.2   must mail a written notice to the obligor at the obligor's last 
 16.3   known address, that it intends to seek suspension of the 
 16.4   obligor's driver's license and that the obligor must request a 
 16.5   hearing within 30 days in order to contest the suspension.  If 
 16.6   the obligor makes a written request for a hearing within 30 days 
 16.7   of the date of the notice, either a court hearing or a contested 
 16.8   administrative proceeding must be held under section 518.5511, 
 16.9   subdivision 4.  Notwithstanding any law to the contrary, the 
 16.10  obligor must be served with 14 days' notice in writing 
 16.11  specifying the time and place of the hearing and the allegations 
 16.12  against the obligor.  The notice may be served personally or by 
 16.13  mail.  If the public authority does not receive a request for a 
 16.14  hearing within 30 days of the date of the notice, and the 
 16.15  obligor does not execute a written payment agreement regarding 
 16.16  both current support and arrearages approved by the public 
 16.17  authority within 90 days of the date of the notice, the public 
 16.18  authority shall direct the commissioner of public safety to 
 16.19  suspend the obligor's driver's license under paragraph (b). 
 16.20     (d) At a hearing requested by the obligor under paragraph 
 16.21  (c), and on finding that the obligor is in arrears in 
 16.22  court-ordered child support or maintenance payments or both in 
 16.23  an amount equal to or greater than three times the obligor's 
 16.24  total monthly support and maintenance payments, the district 
 16.25  court or the administrative law judge or child support 
 16.26  magistrate shall order the commissioner of public safety to 
 16.27  suspend the obligor's driver's license or operating privileges 
 16.28  unless the court or administrative law judge child support 
 16.29  magistrate determines that the obligor has executed and is in 
 16.30  compliance with a written payment agreement regarding both 
 16.31  current support and arrearages approved by the court, an 
 16.32  administrative law judge, a child support magistrate, or the 
 16.33  public authority. 
 16.34     (e) An obligor whose driver's license or operating 
 16.35  privileges are suspended may provide proof to the public 
 16.36  authority responsible for child support enforcement that the 
 17.1   obligor is in compliance with all written payment agreements 
 17.2   regarding both current support and arrearages.  Within 15 days 
 17.3   of the receipt of that proof, the public authority shall inform 
 17.4   the commissioner of public safety that the obligor's driver's 
 17.5   license or operating privileges should no longer be suspended. 
 17.6      (f) On January 15, 1997, and every two years after that, 
 17.7   the commissioner of human services shall submit a report to the 
 17.8   legislature that identifies the following information relevant 
 17.9   to the implementation of this section: 
 17.10     (1) the number of child support obligors notified of an 
 17.11  intent to suspend a driver's license; 
 17.12     (2) the amount collected in payments from the child support 
 17.13  obligors notified of an intent to suspend a driver's license; 
 17.14     (3) the number of cases paid in full and payment agreements 
 17.15  executed in response to notification of an intent to suspend a 
 17.16  driver's license; 
 17.17     (4) the number of cases in which there has been 
 17.18  notification and no payments or payment agreements; 
 17.19     (5) the number of driver's licenses suspended; and 
 17.20     (6) the cost of implementation and operation of the 
 17.21  requirements of this section. 
 17.22     (g) In addition to the criteria established under this 
 17.23  section for the suspension of an obligor's driver's license, a 
 17.24  court, an administrative law judge, a child support magistrate, 
 17.25  or the public authority may direct the commissioner of public 
 17.26  safety to suspend the license of a party who has failed, after 
 17.27  receiving notice, to comply with a subpoena relating to a 
 17.28  paternity or child support proceeding.  Notice to an obligor of 
 17.29  intent to suspend must be served by first class mail at the 
 17.30  obligor's last known address.  The notice must inform the 
 17.31  obligor of the right to request a hearing.  If the obligor makes 
 17.32  a written request within ten days of the date of the hearing, 
 17.33  a contested administrative proceeding must be held under section 
 17.34  518.5511, subdivision 4 hearing must be held.  At the hearing, 
 17.35  the only issues to be considered are mistake of fact and whether 
 17.36  the obligor received the subpoena. 
 18.1      (h) The license of an obligor who fails to remain in 
 18.2   compliance with an approved payment agreement may be suspended.  
 18.3   Notice to the obligor of an intent to suspend under this 
 18.4   paragraph must be served by first class mail at the obligor's 
 18.5   last known address and must include a notice of hearing.  The 
 18.6   notice must be served upon the obligor not less than ten days 
 18.7   before the date of the hearing.  If the obligor appears at the 
 18.8   hearing and the judge determines that the obligor has failed to 
 18.9   comply with an approved payment agreement, the judge shall 
 18.10  notify the department of public safety to suspend the obligor's 
 18.11  license under paragraph (c).  If the obligor fails to appear at 
 18.12  the hearing, the public authority may notify the department of 
 18.13  public safety to suspend the obligor's license under paragraph 
 18.14  (c). 
 18.15     Sec. 4.  Minnesota Statutes 1998, section 518.551, 
 18.16  subdivision 14, is amended to read: 
 18.17     Subd. 14.  [MOTOR VEHICLE LIEN.] (a) Upon motion of an 
 18.18  obligee, if a court finds that the obligor is a debtor for a 
 18.19  judgment debt resulting from nonpayment of court-ordered child 
 18.20  support or maintenance payments, or both, in an amount equal to 
 18.21  or greater than three times the obligor's total monthly support 
 18.22  and maintenance payments, the court shall order the commissioner 
 18.23  of public safety to enter a lien in the name of the obligee or 
 18.24  in the name of the state of Minnesota, as appropriate, in 
 18.25  accordance with section 168A.05, subdivision 8, unless the court 
 18.26  finds that the obligor is in compliance with a written payment 
 18.27  agreement regarding both current support and arrearages approved 
 18.28  by the court, an administrative law judge, a child support 
 18.29  magistrate, or the public authority.  The court's order must be 
 18.30  stayed for 90 days in order to allow the obligor to execute a 
 18.31  written payment agreement regarding both current support and 
 18.32  arrearages, which agreement shall be approved by either the 
 18.33  court or the public authority responsible for child support 
 18.34  enforcement.  If the obligor has not executed or is not in 
 18.35  compliance with a written payment agreement regarding both 
 18.36  current support and arrearages approved by the court, an 
 19.1   administrative law judge, a child support magistrate, or the 
 19.2   public authority within the 90-day period, the court's order 
 19.3   becomes effective and the commissioner of public safety shall 
 19.4   record the lien on any motor vehicle certificate of title 
 19.5   subsequently issued in the name of the obligor.  The remedy 
 19.6   under this subdivision is in addition to any other enforcement 
 19.7   remedy available to the court. 
 19.8      (b) If a public authority responsible for child support 
 19.9   enforcement determines that the obligor is a debtor for judgment 
 19.10  debt resulting from nonpayment of court-ordered child support or 
 19.11  maintenance payments, or both, in an amount equal to or greater 
 19.12  than three times the obligor's total monthly support and 
 19.13  maintenance payments, the public authority shall direct the 
 19.14  commissioner of public safety to enter a lien in the name of the 
 19.15  obligee or in the name of the state of Minnesota, as 
 19.16  appropriate, under section 168A.05, subdivision 8, on any motor 
 19.17  vehicle certificate of title subsequently issued in the name of 
 19.18  the obligor unless the public authority determines that the 
 19.19  obligor is in compliance with a written payment agreement 
 19.20  regarding both current support and arrearages approved by the 
 19.21  court, an administrative law judge, a child support magistrate, 
 19.22  or the public authority.  The remedy under this subdivision is 
 19.23  in addition to any other enforcement remedy available to the 
 19.24  public agency. 
 19.25     (c) At least 90 days prior to notifying the commissioner of 
 19.26  public safety pursuant to paragraph (b), the public authority 
 19.27  must mail a written notice to the obligor at the obligor's last 
 19.28  known address, that it intends to record a lien on any motor 
 19.29  vehicle certificate of title subsequently issued in the name of 
 19.30  the obligor and that the obligor must request a hearing within 
 19.31  30 days in order to contest the action.  If the obligor makes a 
 19.32  written request for a hearing within 30 days of the date of the 
 19.33  notice, either a court hearing or a contested administrative 
 19.34  proceeding must be held under section 518.5511, subdivision 4.  
 19.35  Notwithstanding any law to the contrary, the obligor must be 
 19.36  served with 14 days' notice in writing specifying the time and 
 20.1   place of the hearing and the allegations against the obligor.  
 20.2   The notice may be served personally or by mail.  If the public 
 20.3   authority does not receive a request for a hearing within 30 
 20.4   days of the date of the notice and the obligor does not execute 
 20.5   or is not in compliance with a written payment agreement 
 20.6   regarding both current support and arrearages approved by the 
 20.7   public authority within 90 days of the date of the notice, the 
 20.8   public authority shall direct the commissioner of public safety 
 20.9   to record the lien under paragraph (b). 
 20.10     (d) At a hearing requested by the obligor under paragraph 
 20.11  (c), and on finding that the obligor is in arrears in 
 20.12  court-ordered child support or maintenance payments or both in 
 20.13  an amount equal to or greater than three times the obligor's 
 20.14  total monthly support and maintenance payments, the district 
 20.15  court or the administrative law judge child support magistrate 
 20.16  shall order the commissioner of public safety to record the lien 
 20.17  unless the court or administrative law judge child support 
 20.18  magistrate determines that the obligor has executed and is in 
 20.19  compliance with a written payment agreement regarding both 
 20.20  current support and arrearages determined to be acceptable by 
 20.21  the court, an administrative law judge, a child support 
 20.22  magistrate, or the public authority. 
 20.23     (e) An obligor may provide proof to the court or the public 
 20.24  authority responsible for child support enforcement that the 
 20.25  obligor is in compliance with all written payment agreements 
 20.26  regarding both current support and arrearages or that the value 
 20.27  of the motor vehicle is less than the exemption provided under 
 20.28  section 550.37.  Within 15 days of the receipt of that proof, 
 20.29  the court or public authority shall either execute a release of 
 20.30  security interest under section 168A.20, subdivision 4, and mail 
 20.31  or deliver the release to the owner or other authorized person 
 20.32  or shall direct the commissioner of public safety not to enter a 
 20.33  lien on any motor vehicle certificate of title subsequently 
 20.34  issued in the name of the obligor in instances where a lien has 
 20.35  not yet been entered.  
 20.36     (f) Any lien recorded against a motor vehicle certificate 
 21.1   of title under this section and section 168A.05, subdivision 8, 
 21.2   attaches only to the nonexempt value of the motor vehicle as 
 21.3   determined in accordance with section 550.37.  The value of a 
 21.4   motor vehicle must be determined in accordance with the retail 
 21.5   value described in the N.A.D.A. Official Used Car Guide, Midwest 
 21.6   Edition, for the current year, or in accordance with the 
 21.7   purchase price as defined in section 297B.01, subdivision 8. 
 21.8      Sec. 5.  Minnesota Statutes 1998, section 518.575, 
 21.9   subdivision 1, is amended to read: 
 21.10     Subdivision 1.  [MAKING NAMES PUBLIC.] At least once each 
 21.11  year, the commissioner of human services, in consultation with 
 21.12  the attorney general, shall publish a list of the names and 
 21.13  other identifying information of no more than 25 persons who (1) 
 21.14  are child support obligors, (2) are at least $10,000 in arrears, 
 21.15  (3) are not in compliance with a written payment agreement 
 21.16  regarding both current support and arrearages approved by the 
 21.17  court, an administrative law judge, a child support magistrate, 
 21.18  or the public authority, (4) cannot currently be located by the 
 21.19  public authority for the purposes of enforcing a support order, 
 21.20  and (5) have not made a support payment except tax intercept 
 21.21  payments, in the preceding 12 months. 
 21.22     Identifying information may include the obligor's name, 
 21.23  last known address, amount owed, date of birth, photograph, the 
 21.24  number of children for whom support is owed, and any additional 
 21.25  information about the obligor that would assist in identifying 
 21.26  or locating the obligor.  The commissioner and attorney general 
 21.27  may use posters, media presentations, electronic technology, and 
 21.28  other means that the commissioner and attorney general determine 
 21.29  are appropriate for dissemination of the information, including 
 21.30  publication on the Internet.  The commissioner and attorney 
 21.31  general may make any or all of the identifying information 
 21.32  regarding these persons public.  Information regarding an 
 21.33  obligor who meets the criteria in this subdivision will only be 
 21.34  made public subsequent to that person's selection by the 
 21.35  commissioner and attorney general. 
 21.36     Before making public the name of the obligor, the 
 22.1   department of human services shall send a notice to the 
 22.2   obligor's last known address which states the department's 
 22.3   intention to make public information on the obligor.  The notice 
 22.4   must also provide an opportunity to have the obligor's name 
 22.5   removed from the list by paying the arrearage or by entering 
 22.6   into an agreement to pay the arrearage, or by providing 
 22.7   information to the public authority that there is good cause not 
 22.8   to make the information public.  The notice must include the 
 22.9   final date when the payment or agreement can be accepted. 
 22.10     The department of human services shall obtain the written 
 22.11  consent of the obligee to make the name of the obligor public. 
 22.12     Sec. 6.  Minnesota Statutes 1998, section 518.616, 
 22.13  subdivision 1, is amended to read: 
 22.14     Subdivision 1.  [COURT ORDER.] For any support order being 
 22.15  enforced by the public authority, the public authority may seek 
 22.16  a court order requiring the obligor to seek employment if:  
 22.17     (1) employment of the obligor cannot be verified; 
 22.18     (2) the obligor is in arrears in court-ordered child 
 22.19  support or maintenance payments or both in an amount equal to or 
 22.20  greater than three times the obligor's total monthly support and 
 22.21  maintenance payments; and 
 22.22     (3) the obligor is not in compliance with a written payment 
 22.23  plan.  
 22.24     Upon proper notice being given to the obligor, the court 
 22.25  may enter a seek employment order if it finds that the obligor 
 22.26  has not provided proof of gainful employment and has not 
 22.27  consented to an order for income withholding under section 
 22.28  518.6111 or entered into a written payment plan approved by the 
 22.29  court, an administrative law judge, a child support magistrate, 
 22.30  or the public authority.  
 22.31     Sec. 7.  [REPEALER.] 
 22.32     Minnesota Statutes 1998, sections 518.5511; and 518.5512, 
 22.33  are repealed. 
 22.34     Sec. 8.  [EFFECTIVE DATE; APPLICATION.] 
 22.35     This act is effective July 1, 1999.