1998 Minnesota Statutes

     270A.03 Definitions. 

    Subdivision 1.    Applicability.  For purposes of 
 sections 270A.01 to 270A.12, 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, a hospital district, 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. 

    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 
 609.10 or 609.125 and restitution.  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 stamps, 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 $6,400 or less; 

    (2) for a debtor with one dependent, an income of $8,200 or 
 less; 

    (3) for a debtor with two dependents, an income of $9,700 
 or less; 

    (4) for a debtor with three dependents, an income of 
 $11,000 or less; 

    (5) for a debtor with four dependents, an income of $11,600 
 or less; and 

    (6) for a debtor with five or more dependents, an income of 
 $12,100 or less.  

    The income amounts in this subdivision shall be adjusted 
 for inflation for debts incurred in calendar years 1991 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 290.06, subdivision 2d, for 
 the expansion of the tax rate brackets. 

    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.  

    For purposes of this chapter, lottery prizes, as set forth 
 in section 349A.08, subdivision 8, and 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. 

    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 609.10, or 609.125 
 as part of a sentence or as a condition of probation, or under 
 an order entered by a court under section 260.185, subdivision 
 1, paragraph (e), following a finding of delinquency. 

    HIST: 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