Subdivision 1. Applicability.
For purposes of sections
, the terms
defined in this section have the meanings given them.
Subd. 2. Claimant agency.
"Claimant agency" means any state agency, as defined by section
14.02, subdivision 2
, the regents of the University of Minnesota, any district court of the state,
any county, any statutory or home rule charter city presenting a claim for a municipal hospital or a
public library or a municipal ambulance service, a hospital district, a private nonprofit hospital
that leases its building from the county in which it is located, any public agency responsible for
child support enforcement, any public agency responsible for the collection of court-ordered
restitution, and any public agency established by general or special law that is responsible for
the administration of a low-income housing program, and the Minnesota collection enterprise
as defined in section
16D.02, subdivision 8
, for the purpose of collecting the costs imposed
. A county may act as a claimant agency on behalf of an ambulance service
licensed under chapter 144E if the ambulance service's primary service area is located at least in
part within the county, but more than one county may not act as a claimant agency for a licensed
ambulance service with respect to the same debt.
Subd. 3. Commissioner.
"Commissioner" means the commissioner of revenue.
Subd. 4. Debtor.
"Debtor" means a natural person obligated on a debt to a claimant agency
or having a delinquent account with a public agency responsible for child support enforcement.
Subd. 5. Debt.
"Debt" means a legal obligation of a natural person to pay a fixed and certain
amount of money, which equals or exceeds $25 and which is due and payable to a claimant
agency. The term includes criminal fines imposed under section
, fines imposed
for petty misdemeanors as defined in section
609.02, subdivision 4a
, and restitution. The term
also includes the co-payment for the appointment of a district public defender imposed under
611.17, paragraph (c)
. A debt may arise under a contractual or statutory obligation, a court
order, or other legal obligation, but need not have been reduced to judgment.
A debt includes any legal obligation of a current recipient of assistance which is based
on overpayment of an assistance grant where that payment is based on a client waiver or an
administrative or judicial finding of an intentional program violation; or where the debt is owed
to a program wherein the debtor is not a client at the time notification is provided to initiate
recovery under this chapter and the debtor is not a current recipient of food support, transitional
child care, or transitional medical assistance.
A debt does not include any legal obligation to pay a claimant agency for medical care,
including hospitalization if the income of the debtor at the time when the medical care was
rendered does not exceed the following amount:
(1) for an unmarried debtor, an income of $8,800 or less;
(2) for a debtor with one dependent, an income of $11,270 or less;
(3) for a debtor with two dependents, an income of $13,330 or less;
(4) for a debtor with three dependents, an income of $15,120 or less;
(5) for a debtor with four dependents, an income of $15,950 or less; and
(6) for a debtor with five or more dependents, an income of $16,630 or less.
The income amounts in this subdivision shall be adjusted for inflation for debts incurred in
calendar years 2001 and thereafter. The dollar amount of each income level that applied to debts
incurred in the prior year shall be increased in the same manner as provided in section 1(f) of
the Internal Revenue Code of 1986, as amended through December 31, 2000, except that for the
purposes of this subdivision the percentage increase shall be determined from the year starting
September 1, 1999, and ending August 31, 2000, as the base year for adjusting for inflation
for debts incurred after December 31, 2000.
Debt also includes an agreement to pay a MinnesotaCare premium, regardless of the dollar
amount of the premium authorized under section
256L.15, subdivision 1a
Subd. 6. Department.
"Department" means the Department of Revenue.
Subd. 7. Refund.
"Refund" means an individual income tax refund or political contribution
refund, pursuant to chapter 290, or a property tax credit or refund, pursuant to chapter 290A, or a
sustainable forest tax payment to a claimant under chapter 290C.
For purposes of this chapter, lottery prizes, as set forth in section
349A.08, subdivision 8
amounts granted to persons by the legislature on the recommendation of the joint senate-house of
representatives Subcommittee on Claims shall be treated as refunds.
In the case of a joint property tax refund payable to spouses under chapter 290A, the refund
shall be considered as belonging to each spouse in the proportion of the total refund that equals
each spouse's proportion of the total income determined under section
290A.03, subdivision 3
In the case of a joint income tax refund under chapter 289A, the refund shall be considered as
belonging to each spouse in the proportion of the total refund that equals each spouse's proportion
of the total taxable income determined under section
290.01, subdivision 29
. The commissioner
shall remit the entire refund to the claimant agency, which shall, upon the request of the spouse
who does not owe the debt, determine the amount of the refund belonging to that spouse
and refund the amount to that spouse. For court fines, fees, and surcharges and court-ordered
restitution under section
611A.04, subdivision 2
, the notice provided by the commissioner of
revenue under section
270A.07, subdivision 2
, paragraph (b), serves as the appropriate legal
notice to the spouse who does not owe the debt.
Subd. 8. Restitution.
"Restitution" means money due to the victim of a crime or a juvenile
offense under an order of restitution issued by a court under section
of a sentence or as a condition of probation, or under an order entered by a court under section
260B.198, subdivision 1
, paragraph (e), following a finding of delinquency.
History: 1980 c 607 art 12 s 3; 1Sp1981 c 2 s 20,21; 1982 c 424 s 130; 1984 c 502 art 14 s
3; 1985 c 235 s 2; 1Sp1986 c 1 art 8 s 7; 1987 c 261 s 1-3; 1988 c 638 s 1,2; 1988 c 668 s 5; 1990
c 480 art 10 s 2-4; 1991 c 291 art 6 s 6; 1992 c 571 art 17 s 1; 1993 c 375 art 17 s 8; 1994 c 614 s
2; 1995 c 264 art 4 s 1; 1996 c 471 art 3 s 52; art 13 s 10,11; 1997 c 17 s 4; 1997 c 85 art 5 s 24;
1997 c 231 art 2 s 70; 1998 c 407 art 5 s 41; 1999 c 139 art 4 s 2; 1999 c 243 art 16 s 8; 2000 c
490 art 13 s 7,8; 1Sp2001 c 5 art 7 s 8; art 8 s 4; 2003 c 127 art 8 s 6; 1Sp2003 c 2 art 3 s 1;
1Sp2003 c 14 art 1 s 106; 1Sp2003 c 21 art 11 s 7; 2005 c 151 art 9 s 14