Sec. 8. [REPEALER.]

Section 4, subdivision 5, is repealed, effective June 30, 1999.

Sec. 9. [EFFECTIVE DATE.]

Sections 1 to 7 are effective the day following final enactment, except that:

(1) section 4, subdivision 3, paragraph (b), is effective upon adoption by the public utilities commission of the rules required under section 4, subdivision 8; and

(2) section 3, subdivision 8, clauses (3) and (6), are also effective upon adoption of the rules required under section 4, subdivision 8, but local government units may exercise the authority that existed before November 1, 1996, with regard to the powers described in those clauses, until those rules are adopted."

Delete the title and insert:

"A bill for an act relating to utilities; modifying provisions relating to municipal utilities, cooperative electric cooperatives, and natural gas pipelines; regulating use of public rights-of-way by telecommunications carriers; creating task force; requiring rulemaking; amending Minnesota Statutes 1996, sections 237.04; 237.16, subdivision 1; and 237.74, subdivision 5; proposing coding for new law in Minnesota Statutes, chapter 237; repealing Minnesota Statutes 1996, section 237.163, subdivision 5."

With the recommendation that when so amended the bill pass and be re-referred to the Committee on Local Government and Metropolitan Affairs.

The report was adopted.

Skoglund from the Committee on Judiciary to which was referred:

H. F. No. 410, A bill for an act relating to natural resources; providing penalties for recreational motor vehicle operators who attempt to flee a peace officer; providing criminal penalties; amending Minnesota Statutes 1996, sections 84.873; 84.88, subdivision 2; and 84.90, subdivisions 1, 7, and by adding a subdivision.

Reported the same back with the following amendments:

Delete everything after the enacting clause and insert:

"Section 1. Minnesota Statutes 1996, section 84.873, is amended to read:

84.873 [SIGNAL FROM OFFICER TO STOP.]

It is unlawful for a snowmobile operator, after having received a visual or audible signal from any law enforcement officer to come to a stop, to (a) (1) operate a snowmobile in willful or wanton disregard of such signal, or (b) (2) interfere with or endanger the law enforcement officer or any other person or vehicle, or (c) increase speed or attempt to flee or elude the officer.

Sec. 2. Minnesota Statutes 1996, section 609.487, is amended by adding a subdivision to read:

Subd. 2a. [MOTOR VEHICLE; DEFINITION.] "Motor vehicle" has the meaning given it in section 169.01, subdivision 3, and includes the following recreational motor vehicles:

(2) an off-road vehicle, as defined in section 84.797;

(3) a snowmobile, as defined in section 84.81;

(4) an all-terrain vehicle, as defined in section 84.92;

(5) a motorboat, as defined in section 86B.005, subdivision 9;

(6) any hovercraft or motor vehicle licensed for highway operation that is being used for an off-road recreational purpose; and

(7) any other self-propelled vehicle or vehicle propelled or drawn by a self-propelled vehicle that is being used for recreational purposes.

Sec. 3. [EFFECTIVE DATE.]

Sections 1 and 2 are effective August 1, 1997, and apply to crimes committed on or after that date."

Delete the title and insert:

"A bill for an act relating to natural resources; modifying the definition of a motor vehicle to include recreational motor vehicles for purposes of imposing criminal penalties for fleeing a peace officer; amending Minnesota Statutes 1996, sections 84.873; and 609.487, by adding a subdivision."

With the recommendation that when so amended the bill pass and be re-referred to the Committee on Environment and Natural Resources Finance.

The report was adopted.

Kahn from the Committee on Governmental Operations to which was referred:

H. F. No. 427, A bill for an act relating to taxation; changing the date for determination of a levy amount; extending the duration of the joint property tax advisory committee comprised of the city of St. Paul, Ramsey county, and independent school district No. 625, and making permanent the requirement of joint public hearings; amending Minnesota Statutes 1996, section 383A.75, subdivision 3; Laws 1993, chapter 375, article 7, section 29.

Reported the same back with the recommendation that the bill pass and be placed on the Consent Calendar.

The report was adopted.

Skoglund from the Committee on Judiciary to which was referred:

H. F. No. 506, A bill for an act relating to public safety; regulating school bus safety, equipment, and drivers; regulating disbursal of student transportation safety reserved revenue; changing school bus safety week requirements; requiring school districts to develop requirements for student conduct on school buses; providing for selective reporting by school districts of school bus accidents and incidents; making technical changes; imposing penalties; amending Minnesota Statutes 1996, sections 123.799, subdivision 1; 123.7991, subdivisions 1, 2, and by adding a subdivision; 169.01, subdivision 6; 169.1211, subdivision 1; 169.435, subdivision 2; 169.443, subdivision 3; 169.447, subdivision 6; 169.4501, subdivisions 1 and 2; 169.4502, subdivisions 2, 7, 11, and by adding subdivisions; 169.4503, subdivisions 1, 2, 10, 13, 14, 17, 19, 23, 24, and by adding a subdivision; 169.4504, subdivision 1, and by adding a subdivision; 169.451, subdivision 4; 169.452; 171.321, by adding a subdivision; and 171.3215, subdivision 4; repealing Minnesota Statutes 1996, sections 169.4502, subdivisions 6 and 9; 169.4503, subdivisions 3, 8, 9, 11, 12, and 22; and 169.454, subdivision 11.

Reported the same back with the following amendments:

Page 6, delete section 6 and insert:

"Sec. 5. Minnesota Statutes 1996, section 169.21, subdivision 2, is amended to read:

Subd. 2. [RIGHTS IN ABSENCE OF SIGNALS.] (a) Where traffic-control signals are not in place or in operation, the driver of a vehicle shall stop to yield the right-of-way to a pedestrian crossing the roadway within a marked crosswalk or within any crosswalk at an intersection but no pedestrian shall suddenly leave a curb or other place of safety and walk or run into the path of a vehicle which is so close that it is impossible for the driver to yield. This provision shall not apply under the conditions as otherwise provided in this subdivision.

(b) When any vehicle is stopped at a marked crosswalk or at any unmarked crosswalk at an intersection to permit a pedestrian to cross the roadway, the driver of any other vehicle approaching from the rear shall not overtake and pass the stopped vehicle.

(c) It is unlawful for any person to drive a motor vehicle through a column of school children crossing a street or highway or past a member of a school safety patrol or adult crossing guard, while the member of the school safety patrol or adult crossing guard is directing the movement of children across a street or highway and while the school safety patrol member or adult crossing guard is holding an official signal in the stop position. A peace officer may arrest the driver of a motor vehicle if the peace officer has probable cause to believe that the driver has operated the vehicle in violation of this paragraph within the past four hours.

(d) A person who violates this subdivision is guilty of a misdemeanor and may be sentenced to imprisonment for not more than 90 days or to payment of a fine of not more than $700, or both. A person who violates this subdivision a second or subsequent time within one year of a previous conviction under this subdivision is guilty of a gross misdemeanor and may be sentenced to imprisonment for not more than one year or to payment of a fine of not more than $3,000, or both."

Page 8, after line 24, insert:

"Sec. 8. Minnesota Statutes 1996, section 169.444, is amended by adding a subdivision to read:

Subd. 1a. [PASSING ON RIGHT.] No person may pass or attempt to pass a school bus in a motor vehicle on the right-hand, passenger-door side of the bus when the school bus is displaying the prewarning flashing amber signals as required in section 169.443, subdivision 1.

Sec. 9. Minnesota Statutes 1996, section 169.444, subdivision 2, is amended to read:

Subd. 2. [VIOLATIONS BY DRIVERS; PENALTIES.] (a) A person who fails to stop a vehicle or to keep it stopped, as required in subdivision 1, or who violates subdivision 1a, is guilty of a misdemeanor punishable by a fine of not less than $300.

(b) A person is guilty of a gross misdemeanor if the person fails to stop a motor vehicle or to keep it stopped, as required in subdivision 1, or who violates subdivision 1a, and commits either or both of the following acts:

(1) passes or attempts to pass the school bus in a motor vehicle on the right-hand, passenger-door side of the bus; or

(2) passes or attempts to pass the school bus in a motor vehicle when a school child is outside of and on the street or highway used by the school bus or on the adjacent sidewalk.

Sec. 10. Minnesota Statutes 1996, section 169.444, subdivision 5, is amended to read:

Subd. 5. [CAUSE FOR ARREST.] A peace officer may arrest the driver of a motor vehicle if the peace officer has probable cause to believe that the driver has operated the vehicle in violation of subdivision 1 or 1a within the past four hours.

Sec. 11. Minnesota Statutes 1996, section 169.444, subdivision 6, is amended to read:

(b) The owner or lessee may not be fined under paragraph (a) if (1) another person is convicted for that violation, or (2) the motor vehicle was stolen at the time of the violation.

(c) Paragraph (a) does not apply to a lessor of a motor vehicle if the lessor keeps a record of the name and address of the lessee.

(d) Paragraph (a) does not prohibit or limit the prosecution of a motor vehicle operator for violating subdivision 1 or 1a.

(e) A violation under paragraph (a) does not constitute grounds for revocation or suspension of the owner's or lessee's driver's license.

Sec. 12. Minnesota Statutes 1996, section 169.444, subdivision 7, is amended to read:

Subd. 7. [EVIDENTIARY PRESUMPTIONS.] (a) There is a rebuttable presumption that signals described in section 169.442 were in working order and operable when a violation of subdivision 1, 1a, 2, or 5 was allegedly committed, if the signals of the applicable school bus were inspected and visually found to be in working order and operable within 12 hours preceding the incident giving rise to the violation.

(b) There is a rebuttable presumption that a motor vehicle outwardly equipped and identified as a school bus satisfies all of the identification and equipment requirements of section 169.441 when a violation of subdivision 1, 1a, 2, or 5 was allegedly committed, if the applicable school bus bears a current inspection certificate issued under section 169.451."

Renumber the sections in sequence

Amend the title as follows:

Page 1, delete line 6

Page 1, line 7, delete everything before "providing"

Page 1, delete line 12 and insert "subdivisions 1 and 2;"

Page 1, line 13, delete "169.1211, subdivision 1" and insert "169.21, subdivision 2"

Page 1, line 14, after the second semicolon, insert "169.444, subdivisions 2, 5, 6, 7, and by adding a subdivision;"

With the recommendation that when so amended the bill pass and be re-referred to the Committee on Education.

The report was adopted.

Anderson, I., from the Committee on Financial Institutions and Insurance to which was referred:

H. F. No. 571, A bill for an act relating to insurance; regulating the sale of certain qualified long-term care insurance policies; amending Minnesota Statutes 1996, sections 61A.072, subdivisions 1 and 4; 62A.011, subdivision 3; 62A.31, subdivision 6; 62A.48, by adding a subdivision; 62A.50, by adding a subdivision; and 62L.02, subdivision 15; proposing coding for new law as Minnesota Statutes, chapter 62S.

Reported the same back with the following amendments:

Page 2, after line 7, insert:

Page 2, line 8, delete "6" and insert "7"

Page 2, line 11, delete "7" and insert "8"

Page 2, after line 23, insert:

"Subd. 9. [COGNITIVE IMPAIRMENT.] "Cognitive impairment" means a deficiency in a person's short or long-term memory, orientation as a person, place and time, deductive or abstract reasoning, or judgment as it relates to safety awareness."

Page 2, line 24, delete "8" and insert "10"

Page 2, after line 25, insert:

"Subd. 11. [CONTINENCE.] "Continence" means the ability to maintain control of bowel and bladder function, or when unable to maintain control of bowel or bladder function, the ability to perform associated personal hygiene, including caring for catheter or colostomy bag.

Subd. 12. [DRESSING.] "Dressing" means putting on and taking off all items of clothing and any necessary braces, fasteners, or artificial limbs.

Subd. 13. [EATING.] "Eating" means feeding oneself by getting food into the body from a receptacle, such as a plate, cup, or table, or by a feeding tube or intravenously.

Subd. 14. [FUNCTIONAL CAPACITY.] "Functional capacity" means requiring the substantial assistance of another person to perform the prescribed activities of daily living."

Page 2, line 26, delete "9" and insert "15"

Page 3, line 35, delete "10" and insert "16"

Page 4, line 6, delete "11" and insert "17"

Page 4, line 11, delete "12" and insert "18"

Page 5, line 7, delete "13" and insert "19"

Page 5, line 13, delete "14" and insert "20"

Page 5, line 18, delete "15" and insert "21"

Page 5, line 21, delete "16" and insert "22"

Page 5, line 26, delete "17" and insert "23"

Page 5, line 32, delete "18" and insert "24"

Page 5, line 36, delete "19" and insert "25"

Page 6, after line 6, insert:

"Subd. 26. [TOILETING.] "Toileting" means getting to and from the toilet, getting on and off the toilet, and performing associated personal hygiene.

Subd. 27. [TRANSFERRING.] "Transferring" means moving into or out of a bed, chair, or wheelchair."

Page 7, line 11, after the period, insert "Assessments of activities of daily living and cognitive impairment must be performed by a licensed or certified professional, such as a physician, nurse, or social worker.

Subd. 6. [APPEALS PROCESS.] A qualified long-term care insurance policy must include a clear description of the process for appealing and resolving benefit determinations."

Page 7, line 16, delete "9" and insert "15"

Page 8, lines 3 and 13, delete "9" and insert "15"

Page 9, line 35, delete "9" and insert "15"

Page 14, after line 2, insert:

"Subd. 4. [OUTLINE OF COVERAGE.] The outline of coverage must include the inflation protection information required under section 62S.23, subdivision 3, and the notice to buyer requirements specified under section 62S.29, subdivision 1, clause (3)."

Page 27, line 30, delete "9" and insert "15"

Page 29, line 10, delete "9" and insert "15"

Page 29, after line 21, insert:

"Subd. 2. [ADDITIONAL APPLICATION REQUIREMENTS.] An application for a long-term care insurance policy or certificate must meet the requirements specified under section 62S.21."

Page 29, line 22, delete "2" and insert "3"

Page 31, line 23, delete "3" and insert "4"

Page 33, line 5, delete "4" and insert "5"

Page 33, line 13, delete "5" and insert "6"

Page 35, line 16, after "commissioner" insert ", to the extent it may be required under state law"

Page 39, line 27, delete "19" and insert "25"

Page 42, line 33, delete "18" and insert "24"

With the recommendation that when so amended the bill pass.

The report was adopted.

Skoglund from the Committee on Judiciary to which was referred:

H. F. No. 614, A bill for an act relating to firearms; authorizing procedures for the possession of firearms silencer and muffling devices by certain persons and entities; amending Minnesota Statutes 1996, sections 609.66, subdivision 2, and by adding subdivisions; and 609.67, subdivision 4.

Reported the same back with the following amendments:

Delete everything after the enacting clause and insert:

"Section 1. [243.27] [CORRECTIONAL OFFICERS; AUTHORITY TO CARRY FIREARMS.]

medical care and the apprehension of parole or supervised release violators. This authority is in addition to the authority of correctional officers to carry pistols that is granted by section 624.714.

Subd. 2. [DEADLY FORCE POLICY AND TRAINING.] (a) The commissioner shall establish and enforce a written policy governing the use of force, including deadly force, as defined in section 609.066, by correctional officers who are authorized to carry a firearm under subdivision 1 or section 624.714. The policy must be consistent with the provisions of section 609.066, subdivision 2, and may not prohibit the use of deadly force under circumstances in which that force is justified under section 609.066, subdivision 2.

(b) The commissioner shall provide instruction on the use of force, deadly force, and the use of firearms to every correctional officer who is authorized to carry a firearm under subdivision 1 or section 624.714. This instruction must occur before the commissioner authorizes the officer to carry a firearm in the course of employment and must be repeated at least annually thereafter. The instruction must be based on the agency's written policy required in paragraph (a) and on the instructional materials required by the peace officer standards and training board for peace officer licensure.

Subd. 3. [NOTICE TO LOCAL LAW ENFORCEMENT AGENCY.] Before a state correctional officer who is carrying a firearm enters a local jurisdiction in order to apprehend a parole or supervised release violator, the officer shall make a reasonable effort to notify the local law enforcement agency in the municipality or county in which the apprehension will be made.

Sec. 2. Minnesota Statutes 1996, section 609.66, subdivision 2, is amended to read:

Subd. 2. [EXCEPTIONS.] Nothing in this section prohibits the possession of the articles mentioned by (a) The following persons or entities may own or possess the articles described in this section:

(1) museums; or

(2) collectors of art or for other lawful purposes of public exhibition.

(b) The following persons or entities may own or possess devices designed to silence or muffle the discharge of a firearm, provided the provisions of subdivision 3 are met:

(1) heads of law enforcement agencies, as defined in section 626.84, subdivision 1, and other law enforcement officers authorized by the agency head for use in the course of their duties;

(2) dealers and manufacturers who are federally licensed to buy, sell, or manufacture silencer or muffling devices and who either use the devices in peace officer training under courses approved by the board of peace officer standards and training, or are engaged in the sale of the devices to federal and state agencies and political subdivisions; and

(3) members of the armed forces of either the United States or the state of Minnesota for use in the course of their duties.

Sec. 3. Minnesota Statutes 1996, section 609.66, is amended by adding a subdivision to read:

Subd. 3. [REPORT REQUIRED.] (a) A person owning or possessing a silencer or muffling device as authorized by subdivision 2, paragraph (b), clause (1) or (2), shall, within ten days after acquiring or transferring ownership or possession, file a written report with the bureau of criminal apprehension showing the person's name and address; the person's official title and position, if any; a description of the device sufficient to enable identification of it; the purpose for which it is owned or possessed; and such further information as the bureau may reasonably require. The report shall include a copy of any forms filed with the federal Bureau of Alcohol, Tobacco, and Firearms relating to the registration of the device.

Sec. 4. Minnesota Statutes 1996, section 609.66, is amended by adding a subdivision to read:

Subd. 4. [LIMITATION OF SCOPE.] Nothing in this section prohibits the transfer of the articles mentioned in this section by persons who:

(1) lawfully own or possess the articles; or

(2) own or possess the articles by bequest or by intestate succession and transfer them to a person who may lawfully own or possess the articles.

Sec. 5. Minnesota Statutes 1996, section 609.67, subdivision 4, is amended to read:

Subd. 4. [REPORT REQUIRED.] (a) A person owning or possessing a machine gun or short-barreled shotgun as authorized by subdivision 3, clause (1), (2), (3), or (4) shall, within ten days after acquiring such ownership or possession, file a written report with the bureau of criminal apprehension, showing the person's name and address; the person's official title and position, if any; a description of the machine gun or short-barreled shotgun sufficient to enable identification thereof; the purpose for which it is owned or possessed; and such further information as the bureau may reasonably require.

(b) A dealer or manufacturer owning or having a machine gun or short-barreled shotgun as authorized by subdivision 3, clause (5) shall, by the tenth day of each month, file a written report with the bureau of criminal apprehension showing the name and address of the dealer or manufacturer and the serial number of each machine gun or short-barreled shotgun acquired or manufactured during the previous month.

(c) A dealer or manufacturer owning or having a machine gun or short-barreled shotgun as authorized by subdivision 3, clause (5), shall, within ten days of receiving proof of continuing status as a federally licensed firearms dealer from the federal Bureau of Alcohol, Tobacco, and Firearms, file proof of this status with the bureau of criminal apprehension.

Sec. 6. [EFFECTIVE DATE.]

Sections 1 to 5 are effective August 1, 1997, and apply to crimes committed on or after that date."

Amend the title as follows:

Page 1, line 4, after the semicolon, insert "providing that the commissioner of corrections may authorize certain correctional officers to carry firearms;"

Page 1, line 6, before the period, insert "; proposing coding for new law in Minnesota Statutes, chapter 243"

With the recommendation that when so amended the bill pass and be placed on the Consent Calendar.

The report was adopted.

Skoglund from the Committee on Judiciary to which was referred:

H. F. No. 635, A bill for an act relating to state government; establishing North Star as government on-line service and information initiative, with oversight provided by Minnesota office of technology; establishing the information and telecommunications technology community resource development initiative; implementing MNCard projects for demonstrating and utilizing "smart card" technology and uses; providing for fees and accounts; appropriating money; proposing coding for new law as Minnesota Statutes, chapter 237B.

Reported the same back with the following amendments:

Delete everything after the enacting clause and insert:

"Section 1. [237B.01] [DEFINITIONS.]

Subd. 2. [GOVERNMENT UNIT.] "Government unit" means a state department, agency, commission, council, board, task force, or committee; constitutional office; court entity; Minnesota state colleges and universities; county, statutory or home rule charter city, or town; school district; special district; and any other board, commission, district, or authority created pursuant to law, local ordinance, or charter provision.

Subd. 3. [IT.] "IT" means information and telecommunications technology.

Subd. 4. [IT COMMUNITY RESOURCE DEVELOPMENT INITIATIVE.] "IT community resource development initiative" means the programs developed under sections 237B.11 to 237B.14.

Subd. 5. [CENTER.] "Center" means the Minnesota Internet Center established under sections 237B.11 to 237B.14.

Subd. 6. [NORTH STAR.] "North Star" means the state's comprehensive government on-line service and information initiative. North Star is Minnesota's government framework for coordination and collaboration in providing on-line government services and information.

Subd. 7. [CORE SERVICES.] "Core services" means information system applications required to provide secure information services and on-line applications and content to the public from government units. On-line applications may include, but are not limited to:

(1) standardized public directory services and standardized content services;

(2) on-line search systems;

(3) general technical services to support government unit on-line services;

(4) electronic conferencing and communication services;

(5) secure electronic transaction services;

(6) digital audio, video, and multimedia services; and

(7) government intranet content and service development.

Subd. 8. [TELETERN.] "Teletern" means a student enrolled in a higher education program who has qualifications and duties described in section 237B.13.

Sec. 2. [237B.02] [NORTH STAR STAFF; OVERSIGHT BY OFFICE OF TECHNOLOGY.]

The executive director of the Minnesota office of technology shall appoint the manager of the North Star initiative and hire staff to carry out the responsibilities of the initiative.

Sec. 3. [237B.03] [NORTH STAR PARTICIPATION, CONSULTATION, AND GUIDELINES.]

Sec. 4. [237B.04] [NORTH STAR SECURE TRANSACTIONS, FEES.]

Subdivision 1. [SECURE TRANSACTION SYSTEM.] North Star shall plan and develop a secure transaction system to support delivery of government services electronically.

Subd. 2. [FEES.] The executive director shall establish fees for technical and transaction services for government units through North Star. Fees must be deposited into the North Star information access account.

Sec. 5. [237B.05] [AGGREGATION OF SERVICE DEMAND.]

The North Star staff shall identify opportunities for aggregation of demand for technical services required by government units for on-line activities and may contract with governmental or nongovernmental entities for provision of services. These contracts are not subject to the requirements of chapter 16B, except sections 16B.167, 16B.17, and 16B.175.

Sec. 6. [237B.06] [NORTH STAR OUTREACH.]

North Star may promote the availability of government on-line services and information through public outreach and education. Public network expansion in communities through libraries, schools, colleges, local government, and other community access points shall include access to North Star. North Star may make materials available to those public sites to promote awareness of the service.

Sec. 7. [237B.07] [NORTH STAR INFORMATION ACCESS ACCOUNT.]

Subdivision 1. [ACCOUNT CREATED; REVENUES; APPROPRIATION.] (a) The North Star information access account is created as an account in the special revenue fund. Money in the account not needed for the immediate purposes of the initiative may be invested by the state board of investment in any way authorized by section 11A.24.

(b) Money in the account is annually appropriated to the Minnesota office of technology to be used for the purposes of sections 237B.02 to 237B.07.

(c) The account consists of:

(1) money appropriated and transferred from other state funds;

(2) fees and charges collected by the office of technology;

(3) income from investments and purchases;

(4) revenue from loans, rentals, royalties, dividends, and other proceeds collected by the office in connection with its operations;

(5) gifts, donations, and bequests made to the North Star initiative; and

(6) other funds credited to the account by law.

Sec. 8. [237B.11] [IT COMMUNITY RESOURCE DEVELOPMENT INITIATIVE.]

Subdivision 1. [CREATION AND PURPOSE.] The information and telecommunications technology (IT) community resource development initiative is created under the oversight jurisdiction of the Minnesota office of technology to build the capacity of citizens, businesses, communities, and regions of the state to fully realize the benefits of IT for sustainable community and economic development and to help facilitate the transition into the market-based, competitive IT environment.

Subd. 2. [DUTIES GENERALLY.] Through this initiative, the Minnesota office of technology shall:

(1) provide for information collection, organization, and distribution regarding the benefits, applications, and effective uses of IT;

(2) create the Minnesota Internet Center, centrally located within the state, to collaborate with North Star, public and private partners, and with existing or emerging technology and community development efforts;

(3) promote community-based telecommunications planning and development and the use of community-oriented electronic communications and information applications in health care, education, and commerce;

(4) award grants for community-based development seed funds to encourage public-private partnerships that foster effective IT use and IT integration activities in the community; and

(5) facilitate the aggregation of demand for IT on a comprehensive private, nonprofit, and public sector shared basis in communities.

Sec. 9. [237B.12] [IT COMMUNITY RESOURCE CENTER DUTIES; GENERALLY.]

The Minnesota Internet Center shall assist communities and regions in comprehensive IT community planning, demand aggregation, design, and implementation. It shall maintain an interactive database of community and business-related IT experience, showcase successful models of community and business IT integration, coordinate statewide IT community development technical assistance, and act as a clearinghouse for applications and education in the uses of IT.

Sec. 10. [237B.13] [TELETERNS AND COMMUNITY IT RESOURCE TEAMS.]

The center shall coordinate the training and placement of teleterns who have IT experience and community development process skills, regional IT community development coordinators, and community IT resource teams to work in partnership with communities as they plan for and implement comprehensive IT resource development efforts. This includes the aggregation of demand for IT to help facilitate the transition into a market-based, competitive IT environment and the use of IT tools to enhance access to community services, improve the business climate, and strengthen community ties.

Sec. 11. [237B.14] [COLLABORATION PARTNERS; ASSISTANCE AND FUNDING REQUIREMENTS.]

Subdivision 1. [COMMUNITY-BASED DEVELOPMENT PARTNERS.] The center and its community-based development functions shall coordinate or partner, when possible, with Minnesota learning community initiatives, particularly for community-based technology learning centers; Minnesota library technology investments; Trade Point Minnesota, the University of Minnesota Secure Electronic Authentication Link (SEAL) laboratory and electronic trading centers; the Small Business Administration business information center; Minnesota Technology centers; the Minnesota extension service Access Minnesota sites; and the state's telecommunications collaboration project, among others.

Subd. 2. [ASSISTANCE AND FUNDING; GENERAL PRINCIPLES.] Community technical assistance and development seed funding for aggregation of demand and community IT planning provided through the IT community resource development initiative must be contingent upon the following general principles:

(2) that communities and regions agree to form local and regional IT coordination committees or modify similar, existing committees to be more inclusive of other sectors and undertake comprehensive planning across those sectors to leverage public and private IT investment to the maximum benefit of all citizens.

Sec. 12. [237B.21] [INITIAL MNCARD PILOT PROJECT.]

Subdivision 1. [JOINT VENTURE.] The MNCard pilot project is created as a joint venture between the department of administration and the Minnesota office of technology, with (1) management provided by the office, (2) assistance and advice provided by the department's information policy office, and (3) planning assistance provided by the information resource steering committee created in subdivision 4.

Subd. 2. [INITIAL IMPLEMENTATION.] The department and office shall plan, implement, and manage the MNCard pilot project. The project shall integrate information and communications technology into a single card, combining some or all of the following services or features: (1) state employee identification, (2) building access, (3) parking access, (4) MNet calling card features, (5) employee and dependent insurance carrier identification, (6) employee workstation security, (7) employee time and attendance, (8) debit features for capitol complex cafeterias and vending machines, (9) debit features for bank or credit union services, or (10) other present or future service capabilities.

Subd. 3. [RESOURCES; CONTRACTS.] The office and department may utilize existing network infrastructure and investments in information and communication technologies to the extent compatible and useful to the project. The office and department may negotiate, enter into, execute, and manage contracts with vendors and consultants in accordance with applicable law, rules, and standards and may require requests for information, requests for preliminary proposals, requests for proposals, and contract bids.

Subd. 4. [INFORMATION RESOURCE STEERING COMMITTEE.] (a) An information resource steering committee is created to assist the office and department in developing final project plans, which may include:

(1) surveying existing state employee cards and uses;

(2) surveying the results of other state agencies and the University of Minnesota with cards, such as UCard, employee identification and access cards, and electronic benefit transfer cards;

(3) involving current card providers, such as capitol security and MNet, in assisting and participating in the project;

(4) developing data, process, security, technology, and event models;

(5) designing MNCard;

(6) developing contracts and project partnerships;

(7) selecting a card-issuing system;

(8) developing, organizing, and publishing procedures and policies;

(9) providing for system backup and redundant design;

(10) developing and testing applications and software;

(11) providing for a data interface to the X.500 directory; and

(b) Membership on the steering committee will consist of:

(1) the executive director of the Minnesota office of technology, or the director's designee, who shall act as chair;

(2) the commissioner of administration, or designee from the information policy office;

(3) a representative of each exclusive representative of state employees, appointed by the exclusive representatives;

(4) the state treasurer, or designee;

(5) both co-chairs of the information policy council;

(6) a representative of the University of Minnesota, appointed by the university regents;

(7) a representative of the Minnesota state colleges and universities, appointed by its board of trustees;

(8) a member of the intertechnologies group, appointed by the commissioner of administration;

(9) a representative of state employee health insurance providers, appointed by the governor;

(10) a representative of state financial institutions, appointed by the governor;

(11) a representative of card technology vendors, appointed by the governor; and

(12) up to four additional members representing other participating, interested, or affected agencies or groups, appointed by the governor.

(c) Compensation and removal of members of the steering committee are governed by Minnesota Statutes, section 15.059, subdivisions 3 and 4.

(d) The committee expires June 30, 2000.

Subd. 5. [NOTICE TO MNCARD USER.] (a) When an individual is issued a MNCard, the individual must be informed of the following operating features of the card:

(1) agencies or other organizations that use the card and for what purposes;

(2) agencies or other organizations that will be able to revise, alter, or update data on the card, including a description of the kinds of data they will be able to place on the card;

(3) agencies or other organizations that will have access to data on the card without being able to revise, alter, or update data on the card, and the nature of their access, including what data are accessible.

(b) An individual must be notified whenever an additional agency or other organization is authorized access to, or the ability to revise, MNCard data.

(c) The office of technology shall maintain as a public record on paper and in electronic format, a description of:

(1) agencies and other organizations authorized access to data on the MNCard;

(2) agencies or other organizations with authority to change or add data to the MNCard;

(3) a description of the security measures that prevent unauthorized access to data on the card; and

Subd. 6. [CARD USER INFORMATION AND CONSENT.] Private or confidential data must not be placed on a MNCard without the express written consent of the card user, in the case of private data, or with notice to the individual, in the case of confidential data.

Subd. 7. [CARD READER.] At least one card reader must be located at each participating state agency, and each reader must be audited once a month by the department of administration to ensure that it provides accurate output that can be verified by the MNCard holder to be all the data on the card.

Subd. 8. [DATA PRIVACY.] The commissioner shall develop methods of protecting the privacy of MNCard users and shall evaluate the effectiveness of those methods. The commissioner's evaluation shall be incorporated in the report to the legislature required in subdivision 6. Employee participation in the pilot project is optional and may not be required. A participating employee has the right to select which private data, if any, are shown on the employee's MNCard.

Subd. 9. [REPORT TO LEGISLATURE.] The Minnesota office of technology shall submit a written report to the legislature by January 15, 1999, making findings of fact and conclusions for the initial phase of the project ending June 30, 1998, and making recommendations for suggested procedures, processes and methodologies, technologies, programs and systems, legislation, rules, financing, staffing, and other considerations related to or needed for expansion of the MNCard project.

Sec. 13. [APPROPRIATIONS.]

(a) $....... is appropriated from the general fund to the Minnesota office of technology for the purposes of the North Star initiative. This appropriation is available until spent.

(b) $1,000,000 is appropriated from the general fund to the executive director of the Minnesota office of technology for the operation of the Minnesota Internet Center and community technology resource development under Minnesota Statutes, sections 237B.11 to 237B.14. This appropriation is available until spent.

(c) $....... is appropriated from the general fund to the Minnesota office of technology for grants to be awarded under Minnesota Statutes, section 237B.11, subdivision 2, clause (4), and is available for the biennium ending June 30, 1999.

(d) $....... is appropriated from the general fund to the Minnesota office of technology for the purposes of the initial MNCard project under Minnesota Statutes, section 237B.21, and is available until June 30, 1998.

(e) $....... is appropriated from the general fund to the department of administration for the purpose of the audit under section 12.

Sec. 14. [REPEALER.]

Section 12, subdivisions 1 to 8, are repealed June 30, 1999.

Sec. 15. [EFFECTIVE DATE.]

Sections 1 to 8 are effective the day following final enactment. Sections 9 to 14 are effective July 1, 1997."

With the recommendation that when so amended the bill pass and be re-referred to the Committee on Governmental Operations.

The report was adopted.

Dorn from the Committee on Health and Human Services to which was referred:

62D.02, subdivision 3; 62D.03, subdivisions 1, 3, and 4; 62D.04, subdivisions 1, 2, 3, and by adding a subdivision; 62D.05, subdivision 6; 62D.06, subdivision 2; 62D.07, subdivisions 2, 3, and 10; 62D.08, subdivisions 1, 2, 3, 4, 5, and 6; 62D.09, subdivisions 1 and 8; 62D.10, subdivision 4; 62D.11, subdivisions 1b, 2, and 3; 62D.12, subdivisions 1, 2, and 9; 62D.121, subdivisions 3a and 7; 62D.14, subdivisions 1, 3, 4, 5, and 6; 62D.15, subdivisions 1 and 4; 62D.16, subdivisions 1 and 2; 62D.17, subdivisions 1, 3, 4, and 5; 62D.18, subdivisions 1 and 7; 62D.19; 62D.20, subdivision 1; 62D.21; 62D.211; 62D.22, subdivisions 4 and 10; 62D.24; 62D.30, subdivisions 1 and 3; repealing Minnesota Statutes 1996, sections 62D.03, subdivision 2; and 62D.18.

Reported the same back with the recommendation that the bill pass and be re-referred to the Committee on Governmental Operations.

The report was adopted.

Skoglund from the Committee on Judiciary to which was referred:

H. F. No. 686, A bill for an act relating to domestic abuse; prohibiting landlords from including lease provisions that penalize tenants for seeking police or emergency assistance for domestic abuse; superseding inconsistent local regulation; authorizing the attorney general to investigate and prosecute violations; providing civil penalties; amending Minnesota Statutes 1996, section 8.31, subdivisions 1 and 2; proposing coding for new law in Minnesota Statutes, chapter 504.

Reported the same back with the following amendments:

Delete everything after the enacting clause and insert:

"Section 1. [504.215] [TENANT'S RIGHT TO SEEK POLICE AND EMERGENCY ASSISTANCE.]

Subdivision 1. [DEFINITIONS.] (a) The definitions in this subdivision apply to this section.

(b) "Domestic abuse" has the meaning given in section 518B.01, subdivision 2.

(c) "Landlord" means the owner as defined in section 566.18, subdivision 3, the owner's agent, or a person acting under the owner's direction and control.

(d) "Tenant" has the meaning given in section 566.18, subdivision 2.

Subd. 2. [EMERGENCY CALLS PERMITTED.] (a) A landlord may not:

(1) bar or limit a tenant's right to call for police or emergency assistance in response to domestic abuse or any other conduct; or

(2) impose a penalty on a tenant for calling for police or emergency assistance in response to domestic abuse or any other conduct.

(b) A tenant may not waive and a landlord may not require the tenant to waive the tenant's right to call for police or emergency assistance.

Subd. 3. [LOCAL PREEMPTION.] This section preempts any inconsistent local ordinance or rule including, without limitation, any ordinance or rule that:

(1) requires an eviction after a specified number of calls by a tenant for police or emergency assistance in response to domestic abuse or any other conduct; or

This subdivision shall not otherwise preempt any local ordinance or rule that penalizes a landlord for, or requires a landlord to abate, conduct on the premises that constitutes a nuisance or other disorderly conduct as defined by local ordinance or rule.

Subd. 4. [TENANT RESPONSIBILITY.] This section shall not be construed to condone or permit any breach of a lease or of law by a tenant including, but not limited to, disturbing the peace and quiet of other tenants, damage to property, and disorderly conduct.

Subd. 5. [TENANT REMEDIES.] A tenant may bring a civil action for a violation of this section and recover from the landlord actual damages or up to $500, whichever is greater, and reasonable attorney's fees.

Subd. 6. [ATTORNEY GENERAL AUTHORITY.] The attorney general has authority under section 8.31 to investigate and prosecute violations of this section.

Sec. 2. [EFFECTIVE DATE.]

Section 1 is effective the day following final enactment and applies to all leases entered into, modified, or renewed on or after that date. A provision in a current lease in conflict with section 1 is unenforceable on and after that effective date."

Delete the title and insert:

"A bill for an act relating to landlord and tenant; prohibiting landlords from penalizing tenants solely for seeking police or emergency assistance; superseding inconsistent local regulation; authorizing the attorney general to investigate and prosecute violations; providing civil penalties; proposing coding for new law in Minnesota Statutes, chapter 504."

With the recommendation that when so amended the bill pass and be re-referred to the Committee on Economic Development and International Trade.

The report was adopted.

Tunheim from the Committee on Commerce, Tourism and Consumer Affairs to which was referred:

H. F. No. 688, A bill for an act relating to commerce; regulating advertisements for cigarettes; restricting the placement of outdoor advertisements for cigarettes; providing penalties and remedies; proposing coding for new law in Minnesota Statutes, chapter 325E.

Reported the same back with the following amendments:

Delete everything after the enacting clause and insert:

"Section 1. [325E.255] [LEGISLATIVE INTENT; FINDINGS.]

The legislature intends to restrict tobacco advertising where the tobacco advertising is likely to be seen by minors.

The legislature finds that tobacco advertising on billboards and other publicly visible signs influences minors to use, purchase, and attempt to purchase tobacco in violation of state law; and, that tobacco advertising, when viewed by minors, is advertising of an illegal activity.

Sec. 2. [325E.256] [DEFINITIONS.]

Subd. 2. [FIXED SIGNAGE.] "Fixed signage" means any sign, poster, placard, device, graphic display, or other form of advertising secured on or to a publicly visible location.

Subd. 3. [TOBACCO.] "Tobacco" has the definition in section 609.685, subdivision 1.

Subd. 4. [PUBLICLY VISIBLE LOCATION.] "Publicly visible location" means a location visible from a public street, sidewalk, highway, or park and includes outdoor billboards, exteriors of buildings, windows and doors of buildings if the fixed signage faces outward, freestanding signboards, bus shelters, bus benches, and public buses.

Sec. 3. [325E.257] [TOBACCO ADVERTISEMENTS RESTRICTION.]

No person shall place any fixed signage advertising tobacco in a publicly visible location.

Sec. 4. [325E.258] [EXCLUSIONS.]

Section 3 does not apply to:

(1) districts zoned by a local unit of government exclusively for industrial use provided any fixed signage advertising tobacco is not directed at traffic on an interstate, state, or county highway;

(2) the interior of any building where tobacco is legally sold at retail provided any fixed signage advertising tobacco on a window or door faces inward; or

(3) fixed signage on the premises of any building where tobacco is legally sold at retail, such as, "TOBACCO" or "TOBACCO SOLD HERE" or other generic tobacco information.

Sec. 5. [325E.259] [CIVIL PENALTY.]

A person who violates section 3 is subject to the penalties and remedies of section 8.31."

Delete the title and insert:

"A bill for an act relating to commerce; regulating advertisements for tobacco; restricting the placement of publicly visible advertisements for tobacco; providing civil penalties; proposing coding for new law in Minnesota Statutes, chapter 325E."

With the recommendation that when so amended the bill pass.

The report was adopted.

Anderson, I., from the Committee on Financial Institutions and Insurance to which was referred:

H. F. No. 708, A bill for an act relating to insurance; requiring coverage of mastectomies on an inpatient basis; proposing coding for new law in Minnesota Statutes, chapter 62Q.

Reported the same back with the recommendation that the bill pass.

The report was adopted.

Rest from the Committee on Local Government and Metropolitan Affairs to which was referred:

H. F. No. 745, A bill for an act relating to economic security; providing for the administration of certain employment and training services; proposing coding for new law in Minnesota Statutes, chapter 268.

Reported the same back with the recommendation that the bill pass and be re-referred to the Committee on Labor-Management Relations.

Dorn from the Committee on Health and Human Services to which was referred:

H. F. No. 750, A bill for an act relating to human services; establishing a task force to study treatment options for autism.

Reported the same back with the recommendation that the bill pass.

The report was adopted.

Rest from the Committee on Local Government and Metropolitan Affairs to which was referred:

H. F. No. 798, A bill for an act relating to municipalities; providing a penalty for unpaid judgments; amending Minnesota Statutes 1996, section 465.13.

Reported the same back with the recommendation that the bill pass.

The report was adopted.

Dorn from the Committee on Health and Human Services to which was referred:

H. F. No. 858, A bill for an act relating to health; regulating health plans; providing for certain disclosures; amending Minnesota Statutes 1996, sections 62J.04, subdivisions 1, 1a, and 3; 62J.041; and 62J.042, subdivisions 2, 3, and 4.

Reported the same back with the recommendation that the bill pass.

The report was adopted.

Dorn from the Committee on Health and Human Services to which was referred:

H. F. No. 864, A bill for an act relating to professions; modifying provisions relating to the board of social work; providing civil penalties; amending Minnesota Statutes 1996, sections 13.99, subdivision 50; 148B.01, subdivisions 4 and 7; 148B.03; 148B.04, subdivisions 2, 3, and 4; 148B.06, subdivision 3; 148B.07; 148B.08, subdivision 2; 148B.18, subdivisions 4, 5, 11, and by adding subdivisions; 148B.19, subdivisions 1, 2, and 4; 148B.20, subdivision 1, and by adding a subdivision; 148B.21, subdivisions 3, 4, 5, 6, 7, and by adding a subdivision; 148B.215; 148B.22, by adding a subdivision; 148B.26, subdivision 1, and by adding a subdivision; 148B.27, subdivisions 1 and 2; and 148B.28, subdivisions 1 and 4; proposing coding for new law in Minnesota Statutes, chapter 148B; repealing Minnesota Statutes 1996, sections 148B.01, subdivision 3; 148B.18, subdivisions 6 and 7; 148B.19, subdivision 3; and 148B.23.

Reported the same back with the following amendments:

Page 25, line 4, delete "witness" and insert "witnesses"

Page 32, after line 1, insert:

"Sec. 40. [148B.284] [IMMUNITY.]

Subdivision 1. [REPORTING.] Any person, health care facility, business, or organization is immune from civil liability or criminal prosecution for submitting in good faith a report under section 148B.283 or for otherwise reporting, providing information, or testifying about violations or alleged violations of this chapter. The reports are classified under section 13.41.

Page 36, after line 17, insert:

"Sec. 49. [EFFECTIVE DATE.]

Sections 28 and 46 are effective on the day following final enactment."

Renumber the sections in sequence and correct internal references

With the recommendation that when so amended the bill pass and be re-referred to the Committee on Governmental Operations.

The report was adopted.

Anderson, I., from the Committee on Financial Institutions and Insurance to which was referred:

H. F. No. 875, A bill for an act relating to insurance; requiring health insurers to cover care provided by any licensed provider willing to serve the insurer's enrollees; proposing coding for new law in Minnesota Statutes, chapter 62Q; repealing Minnesota Statutes 1996, section 62Q.095.

Reported the same back with the recommendation that the bill pass and be re-referred to the Committee on Health and Human Services.

The report was adopted.

Tunheim from the Committee on Commerce, Tourism and Consumer Affairs to which was referred:

H. F. No. 889, A bill for an act relating to housing; providing for changes in rights of parties to mobile home park rentals; amending Minnesota Statutes 1996, sections 327C.02, subdivision 5; 327C.07, subdivision 2; and 327C.09, subdivision 4.

Reported the same back with the recommendation that the bill pass and be placed on the Consent Calendar.

The report was adopted.

Anderson, I., from the Committee on Financial Institutions and Insurance to which was referred:

H. F. No. 923, A bill for an act relating to financial institutions; permitting state-chartered financial institutions to act as trustees of federally-qualified medical savings accounts; amending Minnesota Statutes 1996, sections 47.75, subdivision 1; and 48.15, subdivision 4.

Reported the same back with the recommendation that the bill pass.

The report was adopted.

Skoglund from the Committee on Judiciary to which was referred:

H. F. No. 925, A bill for an act relating to family law; child support; classifying data on certain obligors; reducing the time period for remitting amounts withheld to the public authority; requiring a report on independent contractors; amending Minnesota Statutes 1996, sections 171.12, by adding a subdivision; and 518.611, subdivision 4.

Delete everything after the enacting clause and insert:

Section 1. Minnesota Statutes 1996, section 13.46, subdivision 2, is amended to read:

Subd. 2. [GENERAL.] (a) Unless the data is summary data or a statute specifically provides a different classification, data on individuals collected, maintained, used, or disseminated by the welfare system is private data on individuals, and shall not be disclosed except:

(1) pursuant according to section 13.05;

(2) pursuant according to court order;

(3) pursuant according to a statute specifically authorizing access to the private data;

(4) to an agent of the welfare system, including a law enforcement person, attorney, or investigator acting for it in the investigation or prosecution of a criminal or civil proceeding relating to the administration of a program;

(5) to personnel of the welfare system who require the data to determine eligibility, amount of assistance, and the need to provide services of additional programs to the individual;

(6) to administer federal funds or programs;

(7) between personnel of the welfare system working in the same program;

(8) the amounts of cash public assistance and relief paid to welfare recipients in this state, including their names, social security numbers, income, addresses, and other data as required, upon request by the department of revenue to administer the property tax refund law, supplemental housing allowance, early refund of refundable tax credits, and the income tax. "Refundable tax credits" means the dependent care credit under section 290.067, the Minnesota working family credit under section 290.0671, the property tax refund under section 290A.04, and, if the required federal waiver or waivers are granted, the federal earned income tax credit under section 32 of the Internal Revenue Code;

(9) to the Minnesota department of economic security for the purpose of monitoring the eligibility of the data subject for reemployment insurance, for any employment or training program administered, supervised, or certified by that agency, or for the purpose of administering any rehabilitation program, whether alone or in conjunction with the welfare system, and to verify receipt of energy assistance for the telephone assistance plan;

(10) to appropriate parties in connection with an emergency if knowledge of the information is necessary to protect the health or safety of the individual or other individuals or persons;

(11) data maintained by residential programs as defined in section 245A.02 may be disclosed to the protection and advocacy system established in this state pursuant according to Part C of Public Law Number 98-527 to protect the legal and human rights of persons with mental retardation or other related conditions who live in residential facilities for these persons if the protection and advocacy system receives a complaint by or on behalf of that person and the person does not have a legal guardian or the state or a designee of the state is the legal guardian of the person;

(12) to the county medical examiner or the county coroner for identifying or locating relatives or friends of a deceased person;

(14) participant social security numbers and names collected by the telephone assistance program may be disclosed to the department of revenue to conduct an electronic data match with the property tax refund database to determine eligibility under section 237.70, subdivision 4a;

(15) the current address of a recipient of aid to families with dependent children may be disclosed to law enforcement officers who provide the name and social security number of the recipient and satisfactorily demonstrate that: (i) the recipient is a fugitive felon, including the grounds for this determination; (ii) the location or apprehension of the felon is within the law enforcement officer's official duties; and (iii) the request is made in writing and in the proper exercise of those duties;

(16) the current address of a recipient of general assistance, work readiness, or general assistance medical care may be disclosed to probation officers and corrections agents who are supervising the recipient, and to law enforcement officers who are investigating the recipient in connection with a felony level offense;

(17) information obtained from food stamp applicant or recipient households may be disclosed to local, state, or federal law enforcement officials, upon their written request, for the purpose of investigating an alleged violation of the food stamp act, in accordance with Code of Federal Regulations, title 7, section 272.1(c);

(18) data on a certain information regarding child support obligor obligors who is are in arrears may be disclosed for purposes of publishing the data pursuant made public according to section 518.575;

(19) data on child support payments made by a child support obligor, data on the enforcement actions undertaken by the public authority and the status of those actions, and data on the income of the obligor may be disclosed to the obligee;

(20) data on the income of a child support obligee may be disclosed to the support obligor;

(20) (21) data in the work reporting system may be disclosed under section 256.998, subdivision 7;

(21) (22) to the department of children, families, and learning for the purpose of matching department of children, families, and learning student data with public assistance data to determine students eligible for free and reduced price meals, meal supplements, and free milk pursuant according to United States Code, title 42, sections 1758, 1761, 1766, 1766a, 1772, and 1773; to produce accurate numbers of students receiving aid to families with dependent children as required by section 124.175; and to allocate federal and state funds that are distributed based on income of the student's family; or

(22) (23) the current address and telephone number of program recipients and emergency contacts may be released to the commissioner of health or a local board of health as defined in section 145A.02, subdivision 2, when the commissioner or local board of health has reason to believe that a program recipient is a disease case, carrier, suspect case, or at risk of illness, and the data are necessary to locate the person.; or

(24) to other agencies, statewide systems, and political subdivisions of this state, including the attorney general, and agencies of other states, interstate information networks, federal agencies, and other entities as required by federal regulation or law for the administration of the child support enforcement program.

(b) Information on persons who have been treated for drug or alcohol abuse may only be disclosed in accordance with the requirements of Code of Federal Regulations, title 42, sections 2.1 to 2.67.

(c) Data provided to law enforcement agencies under paragraph (a), clause (15), (16), or (17), or paragraph (b), are investigative data and are confidential or protected nonpublic while the investigation is active. The data are private after the investigation becomes inactive under section 13.82, subdivision 5, paragraph (a) or (b).

(d) Mental health data shall be treated as provided in subdivisions 7, 8, and 9, but is not subject to the access provisions of subdivision 10, paragraph (b).

Sec. 2. Minnesota Statutes 1996, section 13.99, is amended by adding a subdivision to read:

Sec. 3. [13B.06] [CHILD SUPPORT OR MAINTENANCE OBLIGOR DATA MATCHES.]

Subdivision 1. [DEFINITIONS.] The definitions in this subdivision apply to this section.

(a) "Account" means a demand deposit account, checking or negotiable withdraw order account, savings account, time deposit account, or money market mutual fund.

(b) "Account information" means the type of account, the account number, whether the account is singly or jointly owned, and in the case of jointly owned accounts the name and address of the nonobligor account owner if available.

(c) "Financial institution" means any of the following that do business within the state:

(1) federal or state commercial banks and federal or state savings banks, including savings and loan associations and cooperative banks;

(2) federal and state chartered credit unions;

(3) benefit associations;

(4) life insurance companies;

(5) safe deposit companies; and

(6) money market mutual funds.

(d) "Obligor" means an individual who is in arrears in court-ordered child support or maintenance payments, or both, in an amount equal to or greater than three times the obligor's total monthly support and maintenance payments, irrespective of when the arrears arose, and is not in compliance with a written payment agreement regarding both current support and arrearages approved by the court, an administrative law judge, or the public authority.

(e) "Public authority" means the public authority responsible for child support enforcement.

Subd. 2. [DATA MATCH SYSTEM ESTABLISHED.] The commissioner of human services shall establish a process for the comparison of account information data held by financial institutions with the public authority's database of child support obligors. The commissioner shall inform the financial industry of the requirements of this section and the means by which financial institutions can comply. The commissioner may contract for services to carry out this section.

Subd. 3. [DUTY TO PROVIDE DATA.] On written request by a public authority, a financial institution shall provide to the public authority on a quarterly basis the name, address, social security number, tax identification number if known, and all account information for each obligor who maintains an account at the financial institution.

Subd. 4. [METHOD TO PROVIDE DATA.] To comply with the requirements of this section, a financial institution may either:

(1) provide to the public authority a list of all account holders for the public authority to compare against its list of child support obligors for the purpose of identifying which obligors maintain an account at the financial institution; or

(2) obtain a list of child support obligors from the public authority and compare that data to the data maintained at the financial institution to identify which of the identified obligors maintains an account at the financial institution.

A financial institution shall elect either method in writing upon written request of the public authority, and the election remains in effect unless the public authority agrees in writing to a change.

Subd. 5. [MEANS TO PROVIDE DATA.] A financial institution may provide the required data by submitting electronic media in a compatible format, delivering, mailing, or telefaxing a copy of the data, or by other means authorized by the commissioner of human services that will result in timely reporting.

Subd. 6. [ACCESS TO DATA.] (a) With regard to account information on all account holders provided by a financial institution under subdivision 4, clause (1), the commissioner of human services shall retain the reported information only until the account information is compared against the public authority's obligor database. Notwithstanding section 138.17, all account information that does not pertain to an obligor listed in the public authority's database must be immediately discarded, and no retention or publication may be made of that data by the public authority. All account information that does pertain to an obligor listed in the public authority's database must be incorporated into the public authority's database. Access to that data is governed by chapter 13.

(b) With regard to data on obligors provided by the public authority to a financial institution under subdivision 4, clause (2), the financial institution shall retain the reported information only until the financial institution's database is compared against the public authority's database. All data that does not pertain to an account holder at the financial institution must be immediately discarded, and no retention or publication may be made of that data by the financial institution.

Subd. 7. [FEES.] A financial institution may charge and collect a fee from the public authority for providing account information to the public authority. No financial institution shall charge or collect a fee that exceeds its actual costs of complying with this section.

The commissioner, together with an advisory group consisting of representatives of the financial institutions in the state, shall determine a fee structure that minimizes the cost to the state and reasonably meets the needs of the financial institutions, and shall report to the chairs of the judiciary committees in the house of representatives and the senate by February 1, 1998, a recommended fee structure for inclusion in this section.

Subd. 8. [FAILURE TO RESPOND TO REQUEST FOR INFORMATION.] The public authority shall send by certified mail a written notice of noncompliance to a financial institution that fails to respond to a first written request for information under this section. The notice of noncompliance must explain the requirements of this section and advise the financial institution of the penalty for noncompliance. A financial institution that receives a second notice of noncompliance is subject to a civil penalty of $1,000 for its failure to comply. A financial institution that continues to fail to comply with this section is subject to a civil penalty of $5,000 for the third and each subsequent failure to comply. These penalties may be imposed and collected by the public authority.

A financial institution that has been served with a notice of noncompliance and incurs a second or subsequent notice of noncompliance has the right to a contested case hearing under chapter 14. A financial institution has 20 days from the date of the service of the notice of noncompliance to file a request for a contested case hearing with the commissioner. The order of the administrative law judge constitutes the final decision in the case.

Subd. 9. [IMMUNITY.] A financial institution that provides or reasonably attempts to provide information to the public authority in compliance with this section is not liable to any person for disclosing the information or for taking any other action in good faith as authorized by this section or section 548.092.

Subd. 10. [CIVIL ACTION FOR UNAUTHORIZED DISCLOSURE BY FINANCIAL INSTITUTION.] (a) An account holder may bring a civil action in district court against a financial institution for unauthorized disclosure of data received from the public authority under subdivision 4, clause (2). A financial institution found to have violated this subdivision shall be liable as provided in paragraph (b) or (c).

(b) Any financial institution that willfully and maliciously discloses data received from the public authority under subdivision 4 is liable to that account holder in an amount equal to the sum of:

(1) any actual damages sustained by the consumer as a result of the disclosure; and

(c) Any financial institution that negligently discloses data received from the public authority under subdivision 4 is liable to that account holder in an amount equal to any actual damages sustained by the account holder as a result of the disclosure.

(d) A financial institution may not be held liable in any action brought under this subdivision if the financial institution shows, by a preponderance of evidence, that the disclosure was not intentional and resulted from a bona fide error notwithstanding the maintenance of procedures reasonably adapted to avoid any error.

Sec. 4. Minnesota Statutes 1996, section 144.223, is amended to read:

144.223 [REPORT OF MARRIAGE.]

Data relating to certificates of marriage registered shall be reported to the state registrar by the local registrars pursuant according to the rules of the commissioner. The information necessary to compile the report shall be furnished by the applicant prior to the issuance of the marriage license. The report shall contain the following information:

A. Personal information on bride and groom:

1. Name;

2. Residence;

3. Date and place of birth;

4. Race;

5. If previously married, how terminated;

6. Signature of applicant and date signed; and

7. Social security number.

B. Information concerning the marriage:

1. Date of marriage;

2. Place of marriage; and

3. Civil or religious ceremony.

The social security number shall be collected for the report but shall not appear on the marriage license.

Sec. 5. Minnesota Statutes 1996, section 171.19, is amended to read:

171.19 [PETITION FOR LICENSE REINSTATEMENT.]

Sec. 6. [256.741] [CHILD SUPPORT AND MAINTENANCE.]

Subdivision 1. [PUBLIC ASSISTANCE.] (a) "Public assistance" as used in this chapter and chapters 257, 518, and 518C includes any form of cash assistance provided under Title IV-A of the Social Security Act, including child care assistance; any form of medical assistance as defined under Title XIX of the Social Security Act, including MinnesotaCare; and foster care as provided under Title IV-E of the Social Security Act.

(b) "Child support agency" as used in this section refers to the public authority responsible for child support enforcement.

(c) "Public assistance agency" as used in this section refers to any public authority providing public assistance to an individual.

Subd. 2. [ASSIGNMENT OF SUPPORT AND MAINTENANCE RIGHTS.] (a) An individual receiving public assistance in the form of cash assistance is considered to have assigned to the state at the time of application all rights to child support and maintenance from any other person the applicant or recipient may have in the individual's own behalf or in the behalf of any other family member for whom application for public assistance is made. An assistance unit is ineligible for aid to families with dependent children or its successor program unless the caregiver assigns all rights to child support and spousal maintenance benefits under this section.

(b) An assignment made according to this section is effective as to:

(1) any current child support and current spousal maintenance; and

(2) any accrued child support and spousal maintenance arrears.

(c) An assignment made after September 30, 1997, is effective as to:

(1) any current child support and current spousal maintenance;

(2) any accrued child support and spousal maintenance arrears collected before October 1, 2000; and

(3) any accrued child support and spousal maintenance arrears collected under federal tax intercept.

(d) An individual receiving public assistance in the form of medical assistance, including MinnesotaCare, is considered to have assigned to the state at the time of application all rights to medical support from any other person the individual may have in the individual's own behalf or in the behalf of any other family member for whom medical assistance is provided.

An assignment made after September 30, 1997, is effective as to any medical support accruing after the date of medical assistance or MinnesotaCare eligibility.

(e) An individual receiving public assistance in the form of child care assistance under title IV-A of the Social Security Act is considered to have assigned to the state at the time of application all rights to child care support from any other person the individual may have in the individual's own behalf or in the behalf of any other family member for whom child care assistance is provided.

An assignment made according to this paragraph is effective as to:

(1) any current child care support and any child care support arrears assigned and accruing after the effective date of this section that are collected before October 1, 2000; and

(2) any accrued child care support arrears collected under federal tax intercept.

Subd. 4. [EFFECT OF ASSIGNMENT.] All assignments in this section take effect upon a determination that the applicant is eligible for public assistance. The amount of support assigned under this subdivision cannot exceed the total amount of public assistance issued.

Subd. 5. [COOPERATION WITH CHILD SUPPORT ENFORCEMENT.] After notification from a public assistance agency that an individual has applied for or is receiving any form of public assistance, the child support agency shall determine whether the party is cooperating with the agency in establishing paternity, child support, modification of an existing child support order, or enforcement of an existing child support order. The public assistance agency shall notify each applicant or recipient in writing of the right to claim a good cause exemption from cooperating with the requirements in this section. A copy of the notice shall be furnished to the applicant or recipient, and the applicant or recipient and a representative from the public authority shall acknowledge receipt of the notice by signing and dating a copy of the notice.

The individual shall cooperate with the child support agency by:

(1) providing all known information regarding the alleged father or obligor including name, address, social security number, telephone number, place of employment or school, and the names and addresses of any relatives;

(2) appearing at interviews, hearings, and legal proceedings;

(3) submitting to genetic tests, including genetic testing of the child, under a judicial or administrative order; and

(4) providing additional information known by the individual as necessary for cooperating in good faith with the child support agency.

The caregiver of a minor child shall cooperate with the efforts of the public authority to collect support according to this subdivision. A caregiver shall forward to the public authority all support the caregiver receives during the period the assignment of support required under subdivision 2 is in effect. Support received by a caregiver, and not forwarded to the public authority, must be repaid to the child support enforcement unit for any month following the date on which initial eligibility is determined, except as provided under subdivision 8, paragraph (b), clause (4).

Subd. 6. [DETERMINATION.] If the individual cannot provide the information required in subdivision 5, before making a determination that the individual is cooperating, the child support agency shall make a finding that the individual could not reasonably be expected to provide the information. In making this finding, the child support agency shall consider:

(1) the age of the child for whom support is being sought;

(2) the circumstances surrounding the conception of the child;

(3) the age and mental capacity of the parent or caregiver of the child for whom support is being sought;

(4) the time period that has expired since the parent or caregiver of the child for whom support is sought last had contact with the alleged father or obligor, or such person's relatives; and

(5) statements from the applicant or recipient or other individuals that show evidence of an inability to provide correct information about the alleged father or obligor because of deception by the alleged father or obligor.

Subd. 7. [NONCOOPERATION.] Unless good cause is found to exist under subdivision 10, upon a determination of noncooperation by the child support agency, the agency shall promptly notify the individual and each public assistance agency providing public assistance to the individual that the individual is not cooperating with the child support agency. Upon notice of noncooperation, the individual shall be sanctioned in the amount determined according to the public assistance agency responsible for enforcing the sanction.

(b) Determination by the Social Security Act, Title IV-D agency that a caregiver has refused to cooperate shall have the following effects:

(1) After adequate notice, the grant of a caregiver who refuses to cooperate must be reduced by 25 percent if no other sanction is in effect or by an additional ten percent if one other sanction is already in effect.

(2) A caregiver who is not a parent of a minor child in an assistance unit may choose to remove the child from the assistance unit unless the child is required to be in the assistance unit.

(3) A parental caregiver who refuses to cooperate is ineligible for medical assistance.

(4) Direct support retained by a caregiver must be counted as unearned income when determining the amount of the assistance payment.

Subd. 9. [GOOD CAUSE EXEMPTION FROM COOPERATING WITH SUPPORT REQUIREMENTS.] The Social Security Act, Title IV-A or IV-D agency must notify the caregiver that the caregiver may claim a good cause exemption from cooperating with the requirements in subdivision 5. Good cause may be claimed and exemptions determined according to subdivisions 10 to 13.

Subd. 10. [GOOD CAUSE EXEMPTION.] (a) Cooperation with the child support agency under subdivision 5 is not necessary if the individual asserts, and both the child support agency and the public assistance agency find, good cause exists under this subdivision for failing to cooperate. An individual may request a good cause exemption by filing a written claim with the public assistance agency on a form provided by the commissioner of human services. Upon notification of a claim for good cause exemption, the child support agency shall cease all child support enforcement efforts until the claim for good cause exemption is reviewed and the validity of the claim is determined. Designated representatives from public assistance agencies and at least one representative from the child support enforcement agency shall review each claim for a good cause exemption and determine its validity.

(b) Good cause exists when an individual documents that pursuit of child support enforcement services could reasonably result in:

(1) physical or emotional harm to the child for whom support is sought;

(2) physical harm to the parent or caregiver with whom the child is living that would reduce the ability to adequately care for the child; or

(3) emotional harm to the parent or caregiver with whom the child is living, of such nature or degree that it would reduce the person's ability to adequately care for the child.

The physical and emotional harm under this paragraph must be of a serious nature in order to justify a finding of good cause exemption. A finding of good cause exemption based on emotional harm may only be based upon a demonstration of emotional impairment that substantially affects the individual's ability to function.

(c) Good cause also exists when the designated representatives in this subdivision believe that pursuing child support enforcement would be detrimental to the child for whom support is sought and the individual applicant or recipient documents any of the following:

(1) the child for whom child support enforcement is sought was conceived as a result of incest or rape;

(2) legal proceedings for the adoption of the child are pending before a court of competent jurisdiction; or

(3) the parent or caregiver of the child is currently being assisted by a public or licensed private social service agency to resolve the issues of whether to keep the child or place the child for adoption.

(d) The public authority shall consider the best interests of the child in determining good cause.

Subd. 11. [PROOF OF GOOD CAUSE.] (a) An individual seeking a good cause exemption has 20 days from the date the good cause claim was provided to the public assistance agency to supply evidence supporting the claim. The public assistance agency may extend the time period in this section if it believes the individual is cooperating and needs additional time to submit the evidence required by this section. Failure to provide such evidence shall result in the child support agency resuming child support enforcement efforts.

(b) Evidence supporting a good cause claim includes, but is not limited to:

(1) a birth certificate or medical or law enforcement records indicating that the child was conceived as the result of incest or rape;

(2) court documents or other records indicating that legal proceedings for adoption are pending before a court of competent jurisdiction;

(3) court, medical, criminal, child protective services, social services, domestic violence advocate services, psychological, or law enforcement records indicating that the alleged father or obligor might inflict physical or emotional harm on the child, parent, or caregiver;

(4) medical records or written statements from a licensed medical professional indicating the emotional health history or status of the custodial parent, child, or caregiver, or indicating a diagnosis or prognosis concerning their emotional health;

(5) a written statement from a public or licensed private social services agency that the individual is deciding whether to keep the child or place the child for adoption; or

(6) sworn statements from individuals other than the applicant or recipient that provide evidence supporting the good cause claim.

(c) The child support agency and the public assistance agency shall assist an individual in obtaining the evidence in this section upon request of the individual.

Subd. 12. [DECISION.] A good cause exemption shall be granted if the individual's claim and the investigation of the supporting evidence satisfy the investigating agencies that the individual has good cause for refusing to cooperate.

Subd. 13. [DURATION.] A good cause exemption shall not continue for more than one year without redetermination of cooperation and good cause pursuant to this section. The child support agency may redetermine cooperation and the designated representatives in subdivision 10 may redetermine the granting of a good cause exemption before the one-year expiration in this subdivision.

A good cause exemption must be allowed under subsequent applications and redeterminations without additional evidence when the factors which led to the exemption continue to exist. A good cause exemption must end when the factors that led to the exemption have changed.

Sec. 7. Minnesota Statutes 1996, section 256.87, subdivision 1, is amended to read:

Sec. 8. Minnesota Statutes 1996, section 256.87, subdivision 1a, is amended to read:

Subd. 1a. [CONTINUING SUPPORT CONTRIBUTIONS.] In addition to granting the county or state agency a money judgment, the court may, upon a motion or order to show cause, order continuing support contributions by a parent found able to reimburse the county or state agency. The order shall be effective for the period of time during which the recipient receives public assistance from any county or state agency and thereafter. The order shall require support according to chapter 518. An order for continuing contributions is reinstated without further hearing upon notice to the parent by any county or state agency that assistance is again being provided for the child of the parent under sections 256.031 to 256.0361, 256.72 to 256.87, or under Title IV-A or IV-E of the Social Security Act or medical assistance under chapter 256, 256B, or 256D Title XIX of the Social Security Act. The notice shall be in writing and shall indicate that the parent may request a hearing for modification of the amount of support or maintenance.

Sec. 9. Minnesota Statutes 1996, section 256.87, subdivision 3, is amended to read:

Subd. 3. [CONTINUING CONTRIBUTIONS TO FORMER RECIPIENT.] The order for continuing support contributions shall remain in effect following the period after public assistance granted under sections 256.72 to 256.87 Title IV-A or IV-E of the Social Security Act is terminated unless the former recipient files an affidavit with the court requesting termination of the order.

Sec. 10. Minnesota Statutes 1996, section 256.87, subdivision 5, is amended to read:

Subd. 5. [CHILD NOT RECEIVING ASSISTANCE.] A person or entity having physical custody of a dependent child not receiving public assistance under as defined in sections 256.031 to 256.0361, or 256.72 to 256.87 section 256.741 has a cause of action for child support against the child's absent noncustodial parents. Upon a motion served on the absent noncustodial parent, the court shall order child support payments, including medical support and child care support, from the absent noncustodial parent under chapter 518. The absent A noncustodial parent's liability may include up to the two years immediately preceding the commencement of the action. This subdivision applies only if the person or entity has physical custody with the consent of a custodial parent or approval of the court.

Sec. 11. Minnesota Statutes 1996, section 256.87, is amended by adding a subdivision to read:

Subd. 8. [DISCLOSURE PROHIBITED.] Notwithstanding statutory or other authorization for the public authority to release private data on the location of a party to the action, information on the location of one party may not be released to the other party by the public authority if:

(1) the public authority has knowledge that a protective order with respect to the other party has been entered; or

(2) the public authority has reason to believe that the release of the information may result in physical or emotional harm to the other party.

Sec. 12. Minnesota Statutes 1996, section 256.978, subdivision 1, is amended to read:

directed to maintain the data consistent with its classification in this state. Information obtained under this section may not be released except to the extent necessary for the administration of the child support enforcement program or when otherwise authorized by law. to other agencies, statewide systems, and political subdivisions of this state, and agencies of other states, interstate information networks, federal agencies, and other entities as required by federal regulation or law for the administration of the child support enforcement program.

For purposes of this section, "state" includes the District of Columbia, Puerto Rico, the United States Virgin Islands, and any territory or insular possession subject to the jurisdiction of the United States.

Sec. 13. Minnesota Statutes 1996, section 256.978, subdivision 2, is amended to read:

Subd. 2. [ACCESS TO INFORMATION.] (a) A written request for information by the public authority responsible for child support of this state or any other state may be made to:

(1) employers when there is reasonable cause to believe that the subject of the inquiry is or was an employee or independent contractor of the employer. Information to be released by employers is limited to place of residence, employment status, wage or payment information, benefit information, and social security number;

(2) utility companies when there is reasonable cause to believe that the subject of the inquiry is or was a retail customer of the utility company. Customer information to be released by utility companies is limited to place of residence, home telephone, work telephone, source of income, employer and place of employment, and social security number;

(3) insurance companies when there is an arrearage of child support and there is reasonable cause to believe that the subject of the inquiry is or was receiving funds either in the form of a lump sum or periodic payments. Information to be released by insurance companies is limited to place of residence, home telephone, work telephone, employer, social security number, and amounts and type of payments made to the subject of the inquiry;

(4) labor organizations when there is reasonable cause to believe that the subject of the inquiry is or was a member of the labor association. Information to be released by labor associations is limited to place of residence, home telephone, work telephone, social security number, and current and past employment information; and

(5) financial institutions when there is an arrearage of child support and there is reasonable cause to believe that the subject of the inquiry has or has had accounts, stocks, loans, certificates of deposits, treasury bills, life insurance policies, or other forms of financial dealings with the institution. Information to be released by the financial institution is limited to place of residence, home telephone, work telephone, identifying information on the type of financial relationships, social security number, current value of financial relationships, and current indebtedness of the subject with the financial institution.

(b) For purposes of this subdivision, utility companies include telephone companies, radio common carriers, and telecommunications carriers as defined in section 237.01, and companies that provide electrical, telephone, natural gas, propane gas, oil, coal, or cable television services to retail customers. The term financial institution includes banks, savings and loans, credit unions, brokerage firms, mortgage companies, and insurance companies., benefit associations, safe deposit companies, money market mutual funds, or similar entities authorized to do business in the state.

Sec. 14. Minnesota Statutes 1996, section 256.979, subdivision 5, is amended to read:

Subd. 5. [PATERNITY ESTABLISHMENT AND CHILD SUPPORT ORDER ESTABLISHMENT AND MODIFICATION BONUS INCENTIVES.] (a) A bonus incentive program is created to increase the number of paternity establishments and establishment and modifications of child support orders done by county child support enforcement agencies.

(b) A bonus must be awarded to a county child support agency for each child for which the agency completes a paternity or child support order establishment or modification through judicial, or administrative, or expedited processes and for each instance in which the agency reviews a case for a modification of the child support order.

(c) The rate of bonus incentive is $100 for each paternity or child support order establishment and $50 for each review for modification of a child support order modification set in a specific dollar amount.

Sec. 15. Minnesota Statutes 1996, section 256.979, subdivision 6, is amended to read:

Subd. 6. [CLAIMS FOR BONUS INCENTIVE.] (a) The commissioner of human services and the county agency shall develop procedures for the claims process and criteria using automated systems where possible.

(b) Only one county agency may receive a bonus per paternity establishment or child support order establishment or modification for each case. The county agency making the initial preparations for the case resulting in the establishment of paternity or modification of an order is the county agency entitled to claim the bonus incentive, even if the case is transferred to another county agency prior to the time the order is established or modified. The county agency completing the action or procedure needed to establish paternity or a child support order or modify an order is the county agency entitled to claim the bonus incentive.

(c) Disputed claims must be submitted to the commissioner of human services and the commissioner's decision is final.

(d) For purposes of this section, "case" means a family unit for whom the county agency is providing child support enforcement services.

Sec. 16. Minnesota Statutes 1996, section 256.979, subdivision 7, is amended to read:

Subd. 7. [DISTRIBUTION.] (a) Bonus incentives must be issued to the county agency quarterly, within 45 days after the last day of each quarter for which a bonus incentive is being claimed, and must be paid in the order in which claims are received.

(b) Bonus incentive funds under this section must be reinvested in the county child support enforcement program and a county may not reduce funding of the child support enforcement program by the amount of the bonus earned.

(c) The county agency shall repay any bonus erroneously issued.

(d) A county agency shall maintain a record of bonus incentives claimed and received for each quarter.

(e) Payment of bonus incentives is limited by the amount of the appropriation for this purpose. If the appropriation is insufficient to cover all claims, the commissioner of human services may prorate payments among the county agencies.

Sec. 17. Minnesota Statutes 1996, section 256.979, subdivision 8, is amended to read:

Subd. 8. [MEDICAL PROVIDER REIMBURSEMENT.] (a) A fee to the providers of medical services is created for the purpose of increasing the numbers of signed and notarized recognition of parentage forms completed in the medical setting.

(b) A fee of $25 shall be paid to each medical provider for each properly completed recognition of parentage form sent to the department of vital statistics.

(c) The office of vital statistics shall notify the department of human services quarterly of the numbers of completed forms received and the amounts paid.

(d) The department of human services shall remit quarterly to each medical provider a payment for the number of signed recognition of parentage forms completed by that medical provider and sent to the office of vital statistics.

(e) The commissioners of the department of human services and the department of health shall develop procedures for the implementation of this provision.

(f) Payments will be made to the medical provider within the limit of available appropriations.

Sec. 18. Minnesota Statutes 1996, section 256.979, is amended by adding a subdivision to read:

Subd. 10. [TRANSFERABILITY BETWEEN BONUS INCENTIVE ACCOUNTS AND GRANTS TO COUNTY AGENCIES.] The commissioner of human services may transfer money appropriated for child support enforcement county performance incentives under this section and section 256.9791 among county performance incentive accounts. Incentive funds to counties transferred under this section must be reinvested in the child support enforcement program and may not be used to supplant money now spent by counties for child support enforcement.

Sec. 19. Minnesota Statutes 1996, section 256.9791, subdivision 1, is amended to read:

Subdivision 1. [BONUS INCENTIVE.] (a) A bonus incentive program is created to increase the identification and enforcement by county agencies of dependent health insurance coverage for persons who are receiving medical assistance under section 256B.055 and for whom the county agency is providing child support enforcement services.

(b) The bonus shall be awarded to a county child support agency for each person for whom coverage is identified and enforced by the child support enforcement program when the obligor is under a court order to provide dependent health insurance coverage.

(c) Bonus incentive funds under this section must be reinvested in the county child support enforcement program and a county may not reduce funding of the child support enforcement program by the amount of the bonus earned.

Sec. 20. Minnesota Statutes 1996, section 256.9792, subdivision 1, is amended to read:

Subdivision 1. [ARREARAGE COLLECTIONS.] Arrearage collection projects are created to increase the revenue to the state and counties, reduce AFDC public assistance expenditures for former public assistance cases, and increase payments of arrearages to persons who are not receiving public assistance by submitting cases for arrearage collection to collection entities, including but not limited to, the department of revenue and private collection agencies.

Sec. 21. Minnesota Statutes 1996, section 256.9792, subdivision 2, is amended to read:

Subd. 2. [DEFINITIONS.] (a) The definitions in this subdivision apply to this section:

(b) "Public assistance arrearage case" means a case where current support may be due, no payment, with the exception of tax offset, has been made within the last 90 days, and the arrearages are assigned to the public agency pursuant according to section 256.74, subdivision 5 256.741.

(c) "Public authority" means the public authority responsible for child support enforcement.

(d) "Nonpublic assistance arrearage case" means a support case where arrearages have accrued that have not been assigned pursuant according to section 256.74, subdivision 5 256.741.

Sec. 22. Minnesota Statutes 1996, section 256.998, subdivision 1, is amended to read:

Subdivision 1. [DEFINITIONS.] (a) The definitions in this subdivision apply to this section.

(b) "Date of hiring" means the earlier of: (1) the first day for which an employee is owed compensation by an employer; or (2) the first day that an employee reports to work or performs labor or services for an employer.

(c) "Earnings" means payment owed by an employer for labor or services rendered by an employee.

(d) "Employee" means a person who resides or works in Minnesota, and performs services for compensation, in whatever form, for an employer, and satisfies the criteria of an employee under chapter 24 of the Internal Revenue Code. Employee does not include:

(1) persons hired for domestic service in the private home of the employer, as defined in the Federal Tax Code.; or

(e) "Employer" means a person or entity located or doing business in this state that employs one or more employees for payment, and satisfies the criteria of an employer under chapter 24 of the Internal Revenue Code. Employer includes a labor organization as defined in paragraph (g). Employer also includes the state, political or other governmental subdivisions of the state, and the federal government.

(f) "Hiring" means engaging a person to perform services for compensation and includes the reemploying or return to work of any previous employee who was laid off, furloughed, separated, granted a leave without pay, or terminated from employment. when a period of 90 days elapses from the date of layoff, furlough, separation, leave, or termination to the date of the person's return to work.

(g) "Labor organization" means entities located or doing business in this state that meet the criteria of labor organization under section 2(5) of the National Labor Relations Act. This includes any entity, that may also be known as a hiring hall, used to carry out requirements described in chapter 7 of the National Labor Relations Act.

(h) "Payor" means a person or entity located or doing business in Minnesota who pays money to an independent contractor according to an agreement for the performance of services.

Sec. 23. Minnesota Statutes 1996, section 256.998, subdivision 6, is amended to read:

Subd. 6. [SANCTIONS.] If an employer fails to report under this section, the commissioner of human services, by certified mail, shall send the employer a written notice of noncompliance requesting that the employer comply with the reporting requirements of this section. The notice of noncompliance must explain the reporting procedure under this section and advise the employer of the penalty for noncompliance. An employer who has received a notice of noncompliance and later incurs a second violation is subject to a civil penalty of $50 $25 for each intentionally unreported employee. An employer who has received a notice of noncompliance and later incurs a third or subsequent violation is subject to a civil penalty of $500 for each intentionally unreported employee., if noncompliance is the result of a conspiracy between an employer and an employee not to supply the required report or to supply a false or incomplete report. These penalties may be imposed and collected by the commissioner of human services. An employer who has been served with a notice of noncompliance and incurs a second or subsequent notice of noncompliance has the right to a contested case hearing pursuant to chapter 14. An employer has 20 days from the date of service of the notice of noncompliance to file a request for a contested case hearing with the commissioner. The order of the administrative law judge constitutes the final decision in the case.

Sec. 24. Minnesota Statutes 1996, section 256.998, subdivision 7, is amended to read:

Subd. 7. [ACCESS TO DATA.] The commissioner of human services shall retain the information reported to the work reporting system for a period of six months. Data in the work reporting system may be disclosed to the public authority responsible for child support enforcement, federal agencies, and state and local agencies of other states for the purposes of enforcing state and federal laws governing child support., and agencies responsible for the administration of programs under Title IV-A of the Social Security Act, the department of economic security, and the department of labor and industry.

Sec. 25. Minnesota Statutes 1996, section 256.998, subdivision 9, is amended to read:

Subd. 9. [INDEPENDENT CONTRACTORS.] The state and all political subdivisions of the state, when acting in the capacity of an employer, shall report the hiring of any person as an independent contractor to the centralized work reporting system in the same manner as the hiring of an employee is reported.

Sec. 26. Minnesota Statutes 1996, section 256.998, is amended by adding a subdivision to read:

Subd. 10. [USE OF WORK REPORTING SYSTEM INFORMATION IN DETERMINING ELIGIBILITY FOR PUBLIC ASSISTANCE PROGRAMS.] The commissioner of human services is authorized to use information from the work reporting system to determine eligibility for applicants and recipients of public assistance programs administered by the department of human services. Data including names, dates of birth, and social security numbers of people applying for or receiving public assistance benefits will be compared to the work reporting system information to determine if applicants or recipients of public assistance are employed. County agencies will be notified of discrepancies in information obtained from the work reporting system.

Sec. 27. Minnesota Statutes 1996, section 256.998, is amended by adding a subdivision to read:

Subd. 11. [ACTION ON INFORMATION.] Upon receipt of the discrepant information, county agencies will notify clients of the information and request verification of employment status and earnings. County agencies must attempt to resolve the discrepancy within 45 days of receipt of the information.

Sec. 28. Minnesota Statutes 1996, section 256.998, is amended by adding a subdivision to read:

Subd. 12. [CLIENT NOTIFICATION.] Persons applying for public assistance programs administered by the department of human services will be notified at the time of application that data including their name, date of birth, and social security number will be shared with the work reporting system to determine possible employment. All current public assistance recipients will be notified of this provision prior to its implementation.

Sec. 29. Minnesota Statutes 1996, section 257.62, subdivision 1, is amended to read:

Subdivision 1. [BLOOD OR GENETIC TESTS REQUIRED.] (a) The court or public authority may, and upon request of a party shall, require the child, mother, or alleged father to submit to blood or genetic tests. A mother or alleged father requesting the tests shall file with the court an affidavit either alleging or denying paternity and setting forth facts that establish the reasonable possibility that there was, or was not, the requisite sexual contact between the parties.

(b) A copy of the test results must be served on the parties as provided in section 543.20 each party by first class mail to the party's last known address. Any objection to the results of blood or genetic tests must be made in writing no later than 15 days prior to a hearing at which time those test results may be introduced into evidence 30 days after service of the results. Test results served upon a party must include notice of this right to object.

(c) If the alleged father is dead, the court may, and upon request of a party shall, require the decedent's parents or brothers and sisters or both to submit to blood or genetic tests. However, in a case involving these relatives of an alleged father, who is deceased, the court may refuse to order blood or genetic tests if the court makes an express finding that submitting to the tests presents a danger to the health of one or more of these relatives that outweighs the child's interest in having the tests performed. Unless the person gives consent to the use, the results of any blood or genetic tests of the decedent's parents, brothers, or sisters may be used only to establish the right of the child to public assistance including but not limited to social security and veterans' benefits. The tests shall be performed by a qualified expert appointed by the court.

Sec. 30. Minnesota Statutes 1996, section 257.62, subdivision 2, is amended to read:

Subd. 2. The court, upon reasonable request by a party, shall order that independent tests be performed by other qualified experts. Unless otherwise agreed by the parties, a party wanting additional testing must first contest the original tests in subdivision 1, paragraph (b), and must pay in advance for the additional testing. The additional testing shall be performed by another qualified expert.

Sec. 31. Minnesota Statutes 1996, section 257.66, subdivision 3, is amended to read:

or any other matter in the best interest of the child. Custody and visitation and all subsequent motions related to them shall proceed and be determined under section 257.541. The remaining matters and all subsequent motions related to them shall proceed and be determined in accordance with chapter 518. The judgment or order may direct the appropriate party to pay all or a proportion of the reasonable expenses of the mother's pregnancy and confinement, after consideration of the relevant facts, including the relative financial means of the parents; the earning ability of each parent; and any health insurance policies held by either parent, or by a spouse or parent of the parent, which would provide benefits for the expenses incurred by the mother during her pregnancy and confinement. Pregnancy and confinement expenses and genetic testing costs, submitted by the public authority, are admissible as evidence without third-party foundation testimony and shall constitute prima facie evidence of the amounts incurred for such services or for the genetic testing. Remedies available for the collection and enforcement of child support apply to confinement costs and are considered additional child support.

Sec. 32. Minnesota Statutes 1996, section 257.66, is amended by adding a subdivision to read:

Subd. 6. [REQUIRED INFORMATION.] Upon entry of judgment or order, each parent who is a party in a paternity proceeding shall:

(1) file with the public authority responsible for child support enforcement the party's social security number, residential and mailing address, telephone number, driver's license number, and name, address, and telephone number of any employer if the party is receiving services from the public authority or begins receiving services from the public authority;

(2) file the information in clause (1) with the district court; and

(3) notify the court and, if applicable, the public authority responsible for child support enforcement of any change in the information required under this section within ten days of the change.

Sec. 33. Minnesota Statutes 1996, section 257.70, is amended to read:

257.70 [HEARINGS AND RECORDS; CONFIDENTIALITY.]

(a) Notwithstanding any other law concerning public hearings and records, any hearing or trial held under sections 257.51 to 257.74 shall be held in closed court without admittance of any person other than those necessary to the action or proceeding. All papers and records, other than the final judgment, pertaining to the action or proceeding, whether part of the permanent record of the court or of a file in the state department of human services or elsewhere, are subject to inspection only upon consent of the court and all interested persons, or in exceptional cases only upon an order of the court for good cause shown.

(b) In all actions under this chapter in which public assistance is assigned under section 256.741 or the public authority provides services to a party or parties to the action, notwithstanding statutory or other authorization for the public authority to release private data on the location of a party to the action, information on the location of one party may not be released by the public authority to the other party if:

(1) the public authority has knowledge that a protective order with respect to the other party has been entered; or

(2) the public authority has reason to believe that the release of the information may result in physical or emotional harm to the other party.

Sec. 34. Minnesota Statutes 1996, section 257.75, subdivision 1a, is amended to read:

cognition. the joinder must be included in the recognition form or incorporated by reference within the recognition and attached to the form when it is filed with the state registrar of vital statistics. The joinder must be on a form prepared by the commissioner of human services. Failure to properly execute a joinder in a recognition does not affect the validity of the recognition under subdivision 1. A joinder without a corresponding recognition of parentage has no legal effect.

Sec. 35. Minnesota Statutes 1996, section 257.75, subdivision 2, is amended to read:

Subd. 2. [REVOCATION OF RECOGNITION.] A recognition may be revoked in a writing signed by the mother or father before a notary public and filed with the state registrar of vital statistics within the earlier of 30 days after the recognition is executed. or the date of an administrative or judicial hearing relating to the child in which the revoking party is a party to the related action. A joinder in a recognition may be revoked in a writing signed by the man who executed the joinder and filed with the state registrar of vital statistics within 30 days after the joinder is executed. Upon receipt of a revocation of the recognition of parentage or joinder in a recognition, the state registrar of vital statistics shall forward a copy of the revocation to the nonrevoking parent, or, in the case of a joinder in a recognition, to the mother and father who executed the recognition.

Sec. 36. Minnesota Statutes 1996, section 257.75, subdivision 3, is amended to read:

Subd. 3. [EFFECT OF RECOGNITION.] Subject to subdivision 2 and section 257.55, subdivision 1, paragraph (g) or (h), the recognition has the force and effect of a judgment or order determining the existence of the parent and child relationship under section 257.66. If the conditions in section 257.55, subdivision 1, paragraph (g) or (h), exist, the recognition creates only a presumption of paternity for purposes of sections 257.51 to 257.74. Once a recognition has been properly executed and filed with the state registrar of vital statistics, if there are no competing presumptions of paternity, a judicial or administrative court shall not allow further action to determine parentage regarding the signator of recognition. Until an order is entered granting custody to another, the mother has sole custody. The recognition is:

(1) a basis for bringing an action to award custody or visitation rights to either parent, establishing a child support obligation which may include up to the two years immediately preceding the commencement of the action, ordering a contribution by a parent under section 256.87, or ordering a contribution to the reasonable expenses of the mother's pregnancy and confinement, as provided under section 257.66, subdivision 3, or ordering reimbursement for the costs of blood or genetic testing, as provided under section 257.69, subdivision 2;

(2) determinative for all other purposes related to the existence of the parent and child relationship; and

(3) entitled to full faith and credit in other jurisdictions.

Sec. 37. Minnesota Statutes 1996, section 257.75, subdivision 4, is amended to read:

(b) The burden of proof in an action to vacate the recognition is on the moving party. The moving party must request the vacation on the basis of fraud, duress, or material mistake of fact. The legal responsibilities in existence at the time of an action to vacate, including child support obligations, may not be suspended during the proceeding, except for good cause shown.

Sec. 38. Minnesota Statutes 1996, section 257.75, subdivision 5, is amended to read:

Subd. 5. [RECOGNITION FORM.] The commissioner of human services shall prepare a form for the recognition of parentage under this section. In preparing the form, the commissioner shall consult with the individuals specified in subdivision 6. The recognition form must be drafted so that the force and effect of the recognition, the alternatives to executing a recognition, and the benefits and responsibilities of establishing paternity are clear and understandable. The form must include a notice regarding the finality of a recognition and the revocation procedure under subdivision 2. The form must include a provision for each parent to verify that the parent has read or viewed the educational materials prepared by the commissioner of human services describing the recognition of paternity. If feasible, the individual providing the form to the parents for execution shall provide oral notice of the rights, responsibilities, and alternatives to executing the recognition. Notice may be provided by audio tape, videotape, or similar means. Each parent must receive a copy of the recognition.

Sec. 39. Minnesota Statutes 1996, section 257.75, subdivision 7, is amended to read:

Subd. 7. [HOSPITAL AND DEPARTMENT OF HEALTH DISTRIBUTION OF EDUCATIONAL MATERIALS; RECOGNITION FORM.] Hospitals that provide obstetric services and the state registrar of vital statistics shall distribute the educational materials and recognition of parentage forms prepared by the commissioner of human services to new parents and shall assist parents in understanding the recognition of parentage form., including following the provisions for notice under subdivision 5. On and after January 1, 1994, hospitals may not distribute the declaration of parentage forms.

Sec. 40. Minnesota Statutes 1996, section 299C.46, subdivision 3, is amended to read:

Subd. 3. [AUTHORIZED USE, FEE.] (a) The data communications network shall be used exclusively by:

(1) criminal justice agencies in connection with the performance of duties required by law;

(2) agencies investigating federal security clearances of individuals for assignment or retention in federal employment with duties related to national security, as required by Public Law Number 99-1691; and

(3) other agencies to the extent necessary to provide for protection of the public or property in an emergency or disaster situation.; and

(4) the public authority responsible for child support enforcement in connection with the performance of its duties.

(b) The commissioner of public safety shall establish a monthly network access charge to be paid by each participating criminal justice agency. The network access charge shall be a standard fee established for each terminal, computer, or other equipment directly addressable by the criminal justice data communications network, as follows: January 1, 1984 to December 31, 1984, $40 connect fee per month; January 1, 1985 and thereafter, $50 connect fee per month.

(c) The commissioner of public safety is authorized to arrange for the connection of the data communications network with the criminal justice information system of the federal government, any adjacent state, or Canada.

Sec. 41. Minnesota Statutes 1996, section 508.63, is amended to read:

508.63 [REGISTRATION OF INSTRUMENTS CREATING LIENS; JUDGMENTS.]

and a proper reference to the certificate or certificates of title to such land. Upon filing such copy and statement, the registrar shall enter a memorial of such judgment upon each certificate designated in such statement, and the judgment shall thereupon be and become a lien upon the judgment debtor's interest in the land described in such certificate or certificates. At any time after filing the certified copy of such judgment, any person claiming the lien may, by filing a written statement, as herein provided, cause a memorial of such judgment to be entered upon any certificate of title to land in which the judgment debtor has a registered interest and not described in any previous statement and the judgment shall thereupon be and become a lien upon the judgment debtor's interest in such land. The public authority for child support enforcement may present for filing a notice of judgment lien under section 548.091 with identifying information for a parcel of real property. Upon receipt of the notice of judgment lien, the registrar shall enter a memorial of it upon each certificate which can reasonably be identified as owned by the judgment debtor on the basis of the information provided. The judgment shall survive and the lien thereof shall continue for a period of ten years from the date of the judgment and no longer, and the registrar of titles shall not carry forward to a new certificate of title the memorial of the judgment after that period. In every case where an instrument of any description, or a copy of any writ, order, or decree, is required by law to be filed or recorded in order to create or preserve any lien, writ, or attachment upon unregistered land, such instrument or copy, if intended to affect registered land, shall, in lieu of recording, be filed and registered with the registrar. In addition to any facts required by law to be stated in such instruments to entitle them to be filed or recorded, they shall also contain a reference to the number of the certificate of title of the land to be affected, and, if the attachment, charge, or lien is not claimed on all the land described in any certificate of title, such instrument shall contain a description sufficient to identify the land.

Sec. 42. Minnesota Statutes 1996, section 508A.63, is amended to read:

508A.63 [REGISTRATION OF INSTRUMENTS CREATING LIENS; JUDGMENTS.]

No judgment requiring the payment of money shall be a lien upon land registered under sections 508A.01 to 508A.85, except as herein provided. Any person claiming a lien shall file with the registrar a certified copy of the judgment, together with a written statement containing a description of each parcel of land in which the judgment debtor has a registered interest and upon which the lien is claimed, and a proper reference to the CPT or CPTs to the land. Upon filing the copy and statement, the registrar shall enter a memorial of the judgment upon each CPT designated in the statement, and the judgment shall then be and become a lien upon the judgment debtor's interest in the land described in CPT or CPTs. At any time after filing the certified copy of the judgment, any person claiming the lien may, by filing a written statement, as herein provided, cause a memorial of the judgment to be entered upon any CPT to land in which the judgment debtor has a registered interest and not described in any previous statement and the judgment shall then be and become a lien upon the judgment debtor's interest in the land. The public authority for child support enforcement may present for filing a notice of judgment lien under section 548.091 with identifying information for a parcel of real property. Upon receipt of the notice of judgment lien, the registrar shall enter a memorial of it upon each certificate of possessory title which reasonably can be identified as owned by the judgment debtor on the basis of the information provided. The judgment shall survive and the lien thereof shall continue for a period of ten years from the date of the judgment and no longer; and the registrar shall not carry forward to a new certificate of title the memorial of the judgment after that period. In every case where an instrument of any description, or a copy of any writ, order, or decree, is required by law to be filed or recorded in order to create or preserve any lien, writ, or attachment upon unregistered land, the instrument or copy, if intended to affect registered land, shall, in lieu of recording, be filed and registered with the registrar. In addition to any facts required by law to be stated in the instruments to entitle them to be filed or recorded, they shall also contain a reference to the number of the CPT of the land to be affected. If the attachment, charge, or lien is not claimed on all the land described in any CPT, the instrument shall contain a description sufficient to identify the land.

Sec. 43. Minnesota Statutes 1996, section 518.005, is amended by adding a subdivision to read:

Subd. 5. [PROHIBITED DISCLOSURE.] In all proceedings under this chapter in which public assistance is assigned under section 256.741 or the public authority provides services to a party or parties to the proceedings, notwithstanding statutory or other authorization for the public authority to release private data on the location of a party to the action, information on the location of one party may not be released by the public authority to the other party if:

(1) the public authority has knowledge that a protective order with respect to the other party has been entered; or

Sec. 44. Minnesota Statutes 1996, section 518.10, is amended to read:

518.10 [REQUISITES OF PETITION.]

The petition for dissolution of marriage or legal separation shall state and allege:

(a) The name and, address, and, in circumstances in which child support or spousal maintenance will be addressed, social security number of the petitioner and any prior or other name used by the petitioner;

(b) The name and, if known, the address and, in circumstances in which child support or spousal maintenance will be addressed, social security number of the respondent and any prior or other name used by the respondent and known to the petitioner;

(c) The place and date of the marriage of the parties;

(d) In the case of a petition for dissolution, that either the petitioner or the respondent or both:

(1) Has resided in this state for not less than 180 days immediately preceding the commencement of the proceeding, or

(2) Has been a member of the armed services and has been stationed in this state for not less than 180 days immediately preceding the commencement of the proceeding, or

(3) Has been a domiciliary of this state for not less than 180 days immediately preceding the commencement of the proceeding;

(e) The name at the time of the petition and any prior or other name, age and date of birth of each living minor or dependent child of the parties born before the marriage or born or adopted during the marriage and a reference to, and the expected date of birth of, a child of the parties conceived during the marriage but not born;

(f) Whether or not a separate proceeding for dissolution, legal separation, or custody is pending in a court in this state or elsewhere;

(g) In the case of a petition for dissolution, that there has been an irretrievable breakdown of the marriage relationship;

(h) In the case of a petition for legal separation, that there is a need for a decree of legal separation; and

(i) Any temporary or permanent maintenance, child support, child custody, disposition of property, attorneys' fees, costs and disbursements applied for without setting forth the amounts.

The petition shall be verified by the petitioner or petitioners, and its allegations established by competent evidence.

Sec. 45. [518.111] [SUFFICIENCY OF NOTICE.]

(a) Automated child support notices sent by the public authority which do not require service are sufficient notice when issued and mailed by first class mail to the person's last known address.

(b) It is not a defense that a person failed to notify the public authority of a change of address as required by state law.

Sec. 46. Minnesota Statutes 1996, section 518.148, subdivision 2, is amended to read:

Subd. 2. [REQUIRED INFORMATION.] The certificate shall include the following information:

(1) the full caption and file number of the case and the title "Certificate of Dissolution";

(3) the names of any living minor or dependent children as identified in the judgment and decree;

(4) that the marriage of the parties is dissolved; and

(5) the date of the judgment and decree.; and

(6) the social security number of the parties to the dissolution and the social security number of any living minor or dependent children identified in the judgment and decree.

Sec. 47. Minnesota Statutes 1996, section 518.171, subdivision 1, is amended to read:

Subdivision 1. [ORDER.] Compliance with this section constitutes compliance with a qualified medical child support order as described in the federal Employee Retirement Income Security Act of 1974 (ERISA) as amended by the federal Omnibus Budget Reconciliation Act of 1993 (OBRA).

(a) Every child support order must:

(1) expressly assign or reserve the responsibility for maintaining medical insurance for the minor children and the division of uninsured medical and dental costs; and

(2) contain the names and, last known addresses, if any and social security numbers of the custodial parent and noncustodial parent, of the dependents unless the court prohibits the inclusion of an address or social security number and orders the custodial parent to provide the address and social security number to the administrator of the health plan. The court shall order the party with the better group dependent health and dental insurance coverage or health insurance plan to name the minor child as beneficiary on any health and dental insurance plan that is available to the party on:

(i) a group basis;

(ii) through an employer or union; or

(iii) through a group health plan governed under the ERISA and included within the definitions relating to health plans found in section 62A.011, 62A.048, or 62E.06, subdivision 2.

"Health insurance" or "health insurance coverage" as used in this section means coverage that is comparable to or better than a number two qualified plan as defined in section 62E.06, subdivision 2. "Health insurance" or "health insurance coverage" as used in this section does not include medical assistance provided under chapter 256, 256B, or 256D.

(b) If the court finds that dependent health or dental insurance is not available to the obligor or obligee on a group basis or through an employer or union, or that group insurance is not accessible to the obligee, the court may require the obligor (1) to obtain other dependent health or dental insurance, (2) to be liable for reasonable and necessary medical or dental expenses of the child, or (3) to pay no less than $50 per month to be applied to the medical and dental expenses of the children or to the cost of health insurance dependent coverage.

(c) If the court finds that the available dependent health or dental insurance does not pay all the reasonable and necessary medical or dental expenses of the child, including any existing or anticipated extraordinary medical expenses, and the court finds that the obligor has the financial ability to contribute to the payment of these medical or dental expenses, the court shall require the obligor to be liable for all or a portion of the medical or dental expenses of the child not covered by the required health or dental plan. Medical and dental expenses include, but are not limited to, necessary orthodontia and eye care, including prescription lenses.

(d) Unless otherwise agreed by the parties and approved by the court, if the court finds that the obligee is not receiving public assistance for the child and has the financial ability to contribute to the cost of medical and dental expenses for the child, including the cost of insurance, the court shall order the obligee and obligor to each assume a portion of these expenses based on their proportionate share of their total net income as defined in section 518.54, subdivision 6.

Sec. 48. Minnesota Statutes 1996, section 518.171, subdivision 4, is amended to read:

Subd. 4. [EFFECT OF ORDER.] (a) The order is binding on the employer or union and the health and dental insurance plan when service under subdivision 3 has been made. In the case of an obligor who changes employment and is required to provide health coverage for the child, a new employer that provides health care coverage shall enroll the child in the obligor's health plan upon receipt of an order or notice for health insurance, unless the obligor contests the enrollment. The obligor may contest the enrollment on the limited grounds that the enrollment is improper due to mistake of fact or that the enrollment meets the requirements of section 518.64, subdivision 2. If the obligor chooses to contest the enrollment, the obligor must do so no later than 15 days after the employer notifies the obligor of the enrollment by doing all of the following:

(1) filing a request for contested hearing according to section 518.5511, subdivision 3a;

(2) serving a copy of the request for contested hearing upon the public authority and the obligee; and

(3) securing a date for the contested hearing no later than 45 days after the notice of enrollment.

(b) The enrollment must remain in place during the time period in which the obligor contests the withholding.

(c) If the court finds that an arrearage of at least 30 days existed as of the date of the notice of withholding, the court shall order income withholding to continue. 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. An employer or union that is included under ERISA may not deny enrollment based on exclusionary clauses described in section 62A.048. Upon receipt of the order, or upon application of the obligor pursuant according to the order or notice, the employer or union and its health and dental insurance plan shall enroll the minor child as a beneficiary in the group insurance plan and withhold any required premium from the obligor's income or wages. If more than one plan is offered by the employer or union, the child shall be enrolled in the least costly health insurance plan otherwise available to the obligor that is comparable to a number two qualified plan. If the obligor is not enrolled in a health insurance plan, the employer or union shall also enroll the obligor in the chosen plan if enrollment of the obligor is necessary in order to obtain dependent coverage under the plan. Enrollment of dependents and the obligor shall be immediate and not dependent upon open enrollment periods. Enrollment is not subject to the underwriting policies described in section 62A.048.

(b) An employer or union that willfully fails to comply with the order is liable for any health or dental expenses incurred by the dependents during the period of time the dependents were eligible to be enrolled in the insurance program, and for any other premium costs incurred because the employer or union willfully failed to comply with the order. An employer or union that fails to comply with the order is subject to contempt under section 518.615 and is also subject to a fine of $500 to be paid to the obligee or public authority. Fines paid to the public authority are designated for child support enforcement services.

(c) Failure of the obligor to execute any documents necessary to enroll the dependent in the group health and dental insurance plan will not affect the obligation of the employer or union and group health and dental insurance plan to enroll the dependent in a plan. Information and authorization provided by the public authority responsible for child support enforcement, or by the custodial parent or guardian, is valid for the purposes of meeting enrollment requirements of the health plan. The insurance coverage for a child eligible under subdivision 5 shall not be terminated except as authorized in subdivision 5.

Sec. 49. Minnesota Statutes 1996, section 518.54, is amended by adding a subdivision to read:

Sec. 50. Minnesota Statutes 1996, section 518.54, subdivision 6, is amended to read:

Subd. 6. [INCOME.] (a) "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 sections 256.72 to 256.87 and chapter 256D Title IV-A of the Social Security Act are not income under this section.

(b) Income also includes other resources of an individual including, but not limited to, nonperiodic distributions of workers' compensation claims, reemployment claims, personal injury recoveries, proceeds from a lawsuit, severance pay, bonuses, and lottery or gambling winnings.

Sec. 51. Minnesota Statutes 1996, 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 268.121.

(d) If the court finds that a parent is voluntarily unemployed or underemployed, 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. If the court is unable to determine or estimate the earning ability of a parent, the court may calculate child support based on full-time employment of 40 hours per week at 200 percent of the federal minimum wage or the Minnesota minimum wage, whichever is higher. Any medical support or child care contribution shall be calculated based upon the obligor's proportionate share of the child care expenses using 40 hours per week at 200 percent of the federal minimum wage or the Minnesota minimum wage, whichever is higher. If a parent is a recipient of public assistance under sections 256.72 to 256.87 or chapter 256D, or is physically or mentally incapacitated, it shall be presumed that the parent is not voluntarily unemployed or underemployed.

(e) 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 that the expense is ordinary and necessary. Net income under this section may be different from taxable income.

Sec. 52. Minnesota Statutes 1996, section 518.551, subdivision 7, is amended to read:

county of providing collection services, in addition to the amount of the child support which was ordered by the court. The fee shall be deposited in the county general fund. The service fee assessed is limited to ten percent of the monthly court ordered child support and shall not be assessed to obligors who are current in payment of the monthly court ordered child support.

An application fee of $25 shall be paid by the person who applies for child support and maintenance collection services, except persons who are receiving public assistance as defined in section 256.741 and persons who transfer from public assistance to nonpublic assistance status. Fees assessed by state and federal tax agencies for collection of overdue support owed to or on behalf of a person not receiving public assistance must be imposed on the person for whom these services are provided. The public authority upon written notice to the obligee shall assess a fee of $25 to the person not receiving public assistance for each successful federal tax interception. The fee must be withheld prior to the release of the funds received from each interception and deposited in the general fund.

However, the limitations of this subdivision on the assessment of fees shall not apply to the extent inconsistent with the requirements of federal law for receiving funds for the programs under Title IV-A and Title IV-D of the Social Security Act, United States Code, title 42, sections 601 to 613 and United States Code, title 42, sections 651 to 662.

Sec. 53. Minnesota Statutes 1996, section 518.551, subdivision 12, is amended to read:

Subd. 12. [OCCUPATIONAL LICENSE SUSPENSION.] (a) Upon motion of an obligee, if the court finds that the obligor is or may be licensed by a licensing board listed in section 214.01 or other state, county, or municipal agency or board that issues an occupational license and the obligor is in arrears in court-ordered child support or maintenance payments or both in an amount equal to or greater than three times the obligor's total monthly support and maintenance payments and is not in compliance with a written payment agreement regarding both current support and arrearages approved by the court, an administrative law judge, or the public authority, the administrative law judge, or the court shall direct the licensing board or other licensing agency to suspend the license under section 214.101. The court's order must be stayed for 90 days in order to allow the obligor to execute a written payment agreement regarding both current support and arrearages. The payment agreement must be approved by either the court or the public authority responsible for child support enforcement. If the obligor has not executed or is not in compliance with a written payment agreement regarding both current support and arrearages after the 90 days expires, the court's order becomes effective. If the obligor is a licensed attorney, the court shall report the matter to the lawyers professional responsibility board for appropriate action in accordance with the rules of professional conduct. The remedy under this subdivision is in addition to any other enforcement remedy available to the court.

(b) If a public authority responsible for child support enforcement finds that the obligor is or may be licensed by a licensing board listed in section 214.01 or other state, county, or municipal agency or board that issues an occupational license and the obligor is in arrears in court-ordered child support or maintenance payments or both in an amount equal to or greater than three times the obligor's total monthly support and maintenance payments and is not in compliance with a written payment agreement regarding both current support and arrearages approved by the court, an administrative law judge, or the public authority, the court, an administrative law judge, or the public authority shall direct the licensing board or other licensing agency to suspend the license under section 214.101. If the obligor is a licensed attorney, the public authority may report the matter to the lawyers professional responsibility board for appropriate action in accordance with the rules of professional conduct. The remedy under this subdivision is in addition to any other enforcement remedy available to the public authority.

(d) The administrative law judge, on behalf of the public authority, or the court shall notify the lawyers professional responsibility board for appropriate action in accordance with the rules of professional responsibility conduct or order the licensing board or licensing agency to suspend the license if the judge finds that:

(1) the person is licensed by a licensing board or other state agency that issues an occupational license;

(2) the person has not made full payment of arrearages found to be due by the public authority; and

(3) the person has not executed or is not in compliance with a payment plan approved by the court, an administrative law judge, or the public authority.

(e) Within 15 days of the date on which the obligor either makes full payment of arrearages found to be due by the court or public authority or executes and initiates good faith compliance with a written payment plan approved by the court, an administrative law judge, or the public authority, the court, an administrative law judge, or the public authority responsible for child support enforcement shall notify the licensing board or licensing agency or the lawyers professional responsibility board that the obligor is no longer ineligible for license issuance, reinstatement, or renewal under this subdivision.

(f) In addition to the criteria established under this section for the suspension of an obligor's occupational license, a court, an administrative law judge, or the public authority may direct the licensing board or other licensing agency to suspend the license of an obligor who has failed, after receiving notice, to comply with a subpoena or warrant relating to a paternity or child support proceeding.

(g) The license of an obligor who fails to remain in compliance with an approved payment agreement may be suspended. Notice to the obligor of an intent to suspend under this paragraph shall be served by first class mail at the obligor's last known address and shall include a notice of hearing. The notice shall be served upon the obligor not less than ten days before the date of the hearing. If the obligor appears at the hearing and the judge determines that the obligor has failed to comply with the approved payment agreement, the judge shall notify the occupational licensing board or agency to suspend the obligor's license under paragraph (c). If the obligor fails to appear at the hearing, the public authority may notify the occupational or licensing board to suspend the obligor's license under paragraph (c).

Sec. 54. Minnesota Statutes 1996, section 518.551, subdivision 13, is amended to read:

Subd. 13. [DRIVER'S LICENSE SUSPENSION.] (a) Upon motion of an obligee, which has been properly served on the obligor and upon which there has been an opportunity for hearing, if a court finds that the obligor has been or may be issued a driver's license by the commissioner of public safety and the obligor is in arrears in court-ordered child support or maintenance payments, or both, in an amount equal to or greater than three times the obligor's total monthly support and maintenance payments and is not in compliance with a written payment agreement regarding both current support and arrearages approved by the court, an administrative law judge, or the public authority, the court shall order the commissioner of public safety to suspend the obligor's driver's license. The court's order must be stayed for 90 days in order to allow the obligor to execute a written payment agreement regarding both current support and arrearages, which payment agreement must be approved by either the court or the public authority responsible for child support enforcement. If the obligor has not executed or is not in compliance with a written payment agreement regarding both current support and arrearages after the 90 days expires, the court's order becomes effective and the commissioner of public safety shall suspend the obligor's driver's license. The remedy under this subdivision is in addition to any other enforcement remedy available to the court. An obligee may not bring a motion under this paragraph within 12 months of a denial of a previous motion under this paragraph.

(c) At least 90 days prior to notifying the commissioner of public safety pursuant according to paragraph (b), the public authority must mail a written notice to the obligor at the obligor's last known address, that it intends to seek suspension of the obligor's driver's license and that the obligor must request a hearing within 30 days in order to contest the suspension. If the obligor makes a written request for a hearing within 30 days of the date of the notice, either a court hearing or a contested administrative proceeding must be held under section 518.5511, subdivision 4. Notwithstanding any law to the contrary, the obligor must be served with 14 days' notice in writing specifying the time and place of the hearing and the allegations against the obligor. The notice may be served personally or by mail. If the public authority does not receive a request for a hearing within 30 days of the date of the notice, and the obligor does not execute a written payment agreement regarding both current support and arrearages approved by the court, an administrative law judge, or the public authority within 90 days of the date of the notice, the public authority shall direct the commissioner of public safety to suspend the obligor's driver's license under paragraph (b).

(d) At a hearing requested by the obligor under paragraph (c), and on finding that the obligor is in arrears in court-ordered child support or maintenance payments or both in an amount equal to or greater than three times the obligor's total monthly support and maintenance payments, the district court or the administrative law judge shall order the commissioner of public safety to suspend the obligor's driver's license or operating privileges unless the court or administrative law judge determines that the obligor has executed and is in compliance with a written payment agreement regarding both current support and arrearages approved by the court, an administrative law judge, or the public authority.

(e) An obligor whose driver's license or operating privileges are suspended may provide proof to the court or the public authority responsible for child support enforcement that the obligor is in compliance with all written payment agreements regarding both current support and arrearages. Within 15 days of the receipt of that proof, the court or public authority shall inform the commissioner of public safety that the obligor's driver's license or operating privileges should no longer be suspended.

(f) On January 15, 1997, and every two years after that, the commissioner of human services shall submit a report to the legislature that identifies the following information relevant to the implementation of this section:

(1) the number of child support obligors notified of an intent to suspend a driver's license;

(2) the amount collected in payments from the child support obligors notified of an intent to suspend a driver's license;

(3) the number of cases paid in full and payment agreements executed in response to notification of an intent to suspend a driver's license;

(4) the number of cases in which there has been notification and no payments or payment agreements;

(5) the number of driver's licenses suspended; and

(6) the cost of implementation and operation of the requirements of this section.

(g) In addition to the criteria established under this section for the suspension of an obligor's driver's license, a court, an administrative law judge, or the public authority may direct the commissioner of public safety to suspend the license of an obligor who has failed, after receiving notice, to comply with a subpoena or warrant relating to a paternity or child support proceeding.

Sec. 55. Minnesota Statutes 1996, section 518.551, is amended by adding a subdivision to read:

Subd. 13a. [DATA ON SUSPENSIONS FOR SUPPORT ARREARS.] Notwithstanding section 13.03, subdivision 4, paragraph (c), data on an occupational license suspension under subdivision 12 or a driver's license suspension under subdivision 13 transferred by the department of human services to any state, county, or municipal licensing agency shall have the same classification under section 13.02 at the receiving agency as other license suspension data held by the receiving agency. The transfer of the data does not affect the classification of the data in the hands of the department of human services.

Sec. 56. Minnesota Statutes 1996, section 518.551, subdivision 14, is amended to read:

Subd. 14. [MOTOR VEHICLE LIEN.] (a) Upon motion of an obligee, if a court finds that the obligor is the registered owner of a motor vehicle and the obligor is a debtor for a judgment debt resulting from nonpayment of court-ordered child support or maintenance payments, or both, in an amount equal to or greater than three times the obligor's total monthly support and maintenance payments, irrespective of when the arrears arose, the court shall order the commissioner of public safety to enter a lien in the name of the obligee or in the name of the state of Minnesota, as appropriate, in accordance with section 168A.05, subdivision 8, unless the court finds that the obligor is in compliance with a written payment agreement regarding both current support and arrearages approved by the court, an administrative law judge, or the public authority or that the obligor's interest in the motor vehicle is valued at less than $4,500. The court's order must be stayed for 90 days in order to allow the obligor to either execute a written payment agreement regarding both current support and arrearages, which agreement shall be approved by either the court or the public authority responsible for child support enforcement, or to allow the obligor to demonstrate that the ownership interest in the motor vehicle is valued at less than $4,500. If the obligor has not executed or is not in compliance with a written payment agreement regarding both current support and arrearages approved by the court, an administrative law judge, or the public authority or has not demonstrated that the ownership interest in the motor vehicle is valued at less than $4,500 within the 90-day period, the court's order becomes effective and the commissioner of public safety shall record the lien. The remedy under this subdivision is in addition to any other enforcement remedy available to the court.

(b) If a public authority responsible for child support enforcement determines that the obligor is the registered owner of a motor vehicle and the obligor is a debtor for judgment debt resulting from nonpayment of court-ordered child support or maintenance payments, or both, in an amount equal to or greater than three times the obligor's total monthly support and maintenance payments, irrespective of when the arrears arose, the public authority shall direct the commissioner of public safety to enter a lien in the name of the obligee or in the name of the state of Minnesota, as appropriate, under section 168A.05, subdivision 8, unless the public authority determines that the obligor is in compliance with a written payment agreement regarding both current support and arrearages approved by the court, an administrative law judge, or the public authority or that the obligor's ownership interest in the motor vehicle is valued at less than $4,500. The remedy under this subdivision is in addition to any other enforcement remedy available to the public agency.

(c) At least 90 days prior to notifying the commissioner of public safety pursuant to paragraph (b), the public authority must mail a written notice to the obligor at the obligor's last known address, that it intends to record a lien on the obligor's motor vehicle certificate of title and that the obligor must request a hearing within 30 days in order to contest the action. If the obligor makes a written request for a hearing within 30 days of the date of the notice, either a court hearing or a contested administrative proceeding must be held under section 518.5511, subdivision 4. Notwithstanding any law to the contrary, the obligor must be served with 14 days' notice in writing specifying the time and place of the hearing and the allegations against the obligor. The notice may be served personally or by mail. If the public authority does not receive a request for a hearing within 30 days of the date of the notice and the obligor does not execute or is not in compliance with a written payment agreement regarding both current support and arrearages approved by the court, an administrative law judge, or the public authority or demonstrate to the public authority that the obligor's ownership interest in the motor vehicle is valued at less than $4,500 within 90 days of the date of the notice, the public authority shall direct the commissioner of public safety to record the lien under paragraph (b).

(d) At a hearing requested by the obligor under paragraph (c), and on finding that the obligor is in arrears in court-ordered child support or maintenance payments or both in an amount equal to or greater than three times the obligor's total monthly support and maintenance payments, the district court or the administrative law judge shall order the commissioner of public safety to record the lien unless the court or administrative law judge determines that:

(2) the obligor has demonstrated that the ownership interest in the motor vehicle is valued at less than $4,500.

(e) An obligor who has had a lien recorded against a motor vehicle certificate of title may provide proof to the court or the public authority responsible for child support enforcement that the obligor is in compliance with all written payment agreements regarding both current support and arrearages. Within 15 days of the receipt of that proof, the court or public authority shall execute a release of security interest under section 168A.20, subdivision 4, and mail or deliver the release to the owner or other authorized person. The dollar amounts in this section shall change periodically in the manner provided in section 550.37, subdivision 4a.

(f) This enforcement mechanism is available retroactively for the enforcement and collection of arrears consisting of unpaid child support and spousal maintenance irrespective of the date those arrears arose and is applicable in all cases whether or not the children to whom support is owed have reached the age of majority.

Sec. 57. Minnesota Statutes 1996, section 518.5511, subdivision 1, is amended to read:

Subdivision 1. [GENERAL.] (a) An administrative process is established to obtain, modify, and enforce child and medical support orders and parentage orders and modify enforce maintenance if combined with a child support proceeding. All laws governing these actions apply insofar as they are not inconsistent with the provisions of this section and section 518.5512. Wherever other laws or rules are inconsistent with this section and section 518.5512, the provisions in this section and section 518.5512 shall apply.

(b) All proceedings for obtaining, modifying, or enforcing child and medical support orders and modifying enforcing maintenance orders if combined with a child support proceeding, are required to be conducted in the administrative process when the public authority is a party or provides services to a party or parties to the proceedings. Cases in which there is no assignment of support or in which the public authority is not providing services shall not be conducted in the administrative process. At county option, the administrative process may include contempt motions or actions to establish parentage. Nothing contained herein shall prevent a party, upon timely notice to the public authority, from commencing an action or bringing a motion for the establishment, modification, or enforcement of child support or modification enforcement of maintenance orders if combined with a child support proceeding in district court, if additional issues involving domestic abuse, establishment or modification of custody or visitation, property issues, or other issues outside the jurisdiction of the administrative process, are part of the motion or action, or from proceeding with a motion or action brought by another party containing one or more of these issues if it is pending in district court.

(c) A party may make a written request to the public authority to initiate an uncontested administrative proceeding. If the public authority denies the request, the public authority shall issue a summary notice which denies the request for relief within 30 days of receiving the written request, states the reasons for the denial, and notifies the party of the right to commence an action for relief proceed directly to a contested administrative proceeding under subdivision 3a. If the party commences an action or serves and files a motion within 30 days after the public authority's denial and the party's action results in a modification of a child support order, the modification may be retroactive to the date the written request was received by the public authority.

(d) After August 1, 1994, all counties shall participate in the administrative process established in this section in accordance with a statewide implementation plan to be set forth by the commissioner of human services. No county shall be required to participate in the administrative process until after the county has been trained. The implementation plan shall include provisions for training the counties by region no later than July 1, 1995. The public authority may initiate actions in the administrative process.

(e) For the purpose of the administrative process, all powers, duties, and responsibilities conferred on judges of district court to obtain and enforce child and medical support and parentage and maintenance obligations, subject to the limitations of this section are conferred on administrative law judges, including the power to determine controlling interstate orders, and to issue subpoenas, orders to show cause, and bench warrants for failure to appear.

(f) Nonattorney employees of the public authority responsible for child support may prepare, sign, serve, and file complaints, motions, notices, summary notices, proposed orders, default orders, consent orders, orders for blood or genetic tests, and other documents related to the administrative process for obtaining, modifying, or enforcing child and medical support orders, orders establishing paternity, and related documents, and orders to modify maintenance if combined with a child support order. The nonattorney employee may issue administrative subpoenas, conduct prehearing conferences, and participate in proceedings before an administrative law judge. This activity shall not be considered to be the unauthorized practice of law. Nonattorney employees may not represent the interests of any party other than the public authority, and may not give legal advice. The nonattorney employees may act subject to the limitations of section 518.5512.

(g) After the commencement of the administrative process, any party may make a written request to the office of administrative hearings for a subpoena compelling the attendance of a witness or the production of books, papers, records, or other documents relevant to the administrative process. Subpoenas shall be enforceable through the district court. The public authority may also request a subpoena from the office of administrative hearings for the production of a witness or documents. The nonattorney employee of the public authority may issue subpoenas subject to the limitations in section 518.5512, subdivision 6, paragraph (a), clause (2).

(h) At all stages of the administrative process, the county attorney or other attorney under contract shall act as the legal adviser for the public authority but shall not play an active role in the review of information, the preparation of default and consent orders, and the contested administrative proceedings unless the nonattorney employee of the public authority requests the appearance of the county attorney.

(i) The commissioner of human services shall:

(1) provide training to child support officers and other persons involved in the administrative process;

(2) timely prepare simple and easy to understand forms for all notices and orders prescribed in this section, including a support order worksheet form, with the exception of orders issued by the district court or the office of administrative hearings under subdivision 4; and

(3) distribute money to cover the costs of the administrative process, including the salaries of administrative law judges. If available appropriations are insufficient to cover the costs, the commissioner shall prorate the amount among the counties.

(j) The commissioner of human services, in consultation with the office of administrative hearings, shall be responsible for the supervision of the administrative process.

(k) The public authority, the office of administrative hearings, court administrators, and other entities involved in the administrative process shall use the forms prepared by the commissioner.

(l) The office of administrative hearings may reject orders which have not been prepared using the commissioner's forms or on forms which have not been approved by the commissioner.

(m) The office of administrative hearings shall be responsible for training and monitoring the performance of administrative law judges, maintaining records of proceedings, providing transcripts upon request, and maintaining the integrity of the district court file.

Sec. 58. Minnesota Statutes 1996, section 518.5511, subdivision 2, is amended to read:

Subd. 2. [UNCONTESTED ADMINISTRATIVE PROCEEDING.] (a) A party may petition the chief administrative law judge, the chief district court judge, or the chief family court referee to proceed immediately to a contested hearing upon good cause shown.

(c) Following the submission of information or following the date when the information was due 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 518.503, subdivision 5, 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 requests a conference under subdivision 3 contacts the public authority regarding the proposed order within 21 30 days following the date of service of the proposed order. The method for requesting the conference shall be stated in the notice. 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. If the action was initiated by the public authority, the notice and proposed order shall be served under the rules of civil procedure. After receipt of the notice and proposed order, the court administrator shall file the documents.

For the purposes of the contested hearing administrative process, and notwithstanding any law or rule to the contrary, the service of the proposed order pursuant to under this paragraph shall be deemed to have commenced a proceeding and the judge, including an administrative law judge or a referee, shall have jurisdiction over the a contested hearing administrative proceeding.

(d) (b) If a conference under subdivision 3 is not requested the public authority is not contacted by a party within 21 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, district court judge, or referee. The public authority may also prepare and serve a new notice and proposed order if new information is subsequently obtained. 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 shall 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.

(e) (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. 59. Minnesota Statutes 1996, section 518.5511, subdivision 3, is amended to read:

Subd. 3. [ADMINISTRATIVE CONFERENCE.] (a) If a party requests a conference contacts the public authority within 21 30 days of the date of service of the proposed order, and the public authority does not choose to proceed directly to a contested administrative proceeding, the public authority shall schedule a conference, and shall serve written notice of the date, time, and place of the conference and the date, time, and place of a contested administrative proceeding in the event the administrative conference fails to resolve all of the issues on the parties. The public authority may request any additional information necessary to establish child support. The public authority may choose to go directly to a contested administrative proceeding and is not required to conduct an administrative conference. The date of the contested administrative proceeding shall be set within 31 days of the administrative conference or not more than 60 days from the date of the notice of the administrative conference. A request for a continuance shall be made to the chief administrative law judge according to Minnesota Rules, part 1400.7500.

(c) A party alleging domestic abuse by the other party shall not be required to participate in a conference. In such a case, the public authority shall meet separately with the parties in order to determine whether an agreement can be reached.

(d) If all parties appear at the conference and agree to all issues, and the public authority approves the agreement, the public authority shall prepare a consent order which the parties and the public authority sign. The public authority shall submit the consent order to the administrative law judge or district court judge for signature. Upon signature, the order shall be a final order and shall be served on the parties by first class mail.

(d) If the party requesting the conference does not appear and fails to provide a written excuse (with supporting documentation if relevant) to the public authority within seven days after the date of the conference which constitutes good cause (e) If only one party appears at the conference and there is no new information available, or if both of the parties fail to appear at the conference, the public authority may enter submit a default order through the uncontested administrative process. The public authority shall not enter the default order until at least seven days after the date of the conference.

For purposes of this section, misrepresentation, excusable neglect, or circumstances beyond the control of the person who requested the conference which prevented the person's appearance at the conference constitutes good cause for failure to appear. If the public authority finds good cause, the conference shall be rescheduled by the public authority and the public authority shall send notice as required under this subdivision. If only one party appears at the conference and there is new information available, the matter shall proceed directly to the scheduled contested administrative proceeding.

(e) (f) If the parties appear at the conference, the public authority shall seek and do not reach agreement of the parties to the entry of a consent order which establishes child support in accordance with applicable law., the public authority shall advise the parties that if a consent order is not entered, the matter will be remains scheduled for a hearing before an administrative law judge, or a district court judge or referee contested administrative proceeding, and that the public authority will seek the establishment of child support at the hearing proceeding in accordance with the highest amount permitted under section sections 518.551, subdivision 5. If an agreement to enter the consent order is not reached at the conference, the public authority shall schedule the matter for a contested hearing, and 518.5512, subdivision 5.

(f) If an agreement is reached by the parties at the conference, a consent order shall be prepared by the public authority, and shall be signed by the parties. All consent and default orders shall be signed by the nonattorney employee of the public authority and shall be submitted to an administrative law judge or the district court for approval and signature. The order is enforceable upon the signature by the administrative law judge or the district court. The consent order shall be served on the parties under the rules of civil procedure.

Sec. 60. Minnesota Statutes 1996, section 518.5511, is amended by adding a subdivision to read:

Subd. 3a. [ALTERNATIVE ADMINISTRATIVE RESOLUTIONS.] (a)(1) Any party may proceed directly to a contested administrative proceeding under subdivision 4 by making a written request to the public authority. After receiving a written request, the public authority shall schedule a contested administrative proceeding and inform the requestor of the date, time, and place of the hearing. The public authority shall also provide the requestor with the contested administrative documents necessary for the proceeding. These documents must be completed by the requestor, served on the other party and the public authority, and filed with the court administrator at least 21 days before the hearing. If the documents are not filed with the court administrator, the contested administrative proceeding shall be canceled.

(2) The public authority may also proceed directly to a contested administrative proceeding.

Sec. 61. Minnesota Statutes 1996, section 518.5511, subdivision 4, is amended to read:

Subd. 4. [CONTESTED ADMINISTRATIVE PROCEEDING.] (a) All counties shall participate in the contested administrative process established in this section as designated in a statewide implementation plan to be set forth by the commissioner of human services. No county shall be required to participate in the contested administrative process until after the county has been trained. The contested administrative process shall be in operation in all counties no later than July 1, 1998, with the exception of Hennepin county which shall have a pilot program in operation no later than July 1, 1996.

The Hennepin county pilot program shall be jointly planned, implemented, and evaluated by the department of human services, the office of administrative hearings, the fourth judicial district court, and Hennepin county. The pilot program shall provide that one-half of the case load use the contested administrative process. The pilot program shall include an evaluation which shall be conducted after one year of program operation. A preliminary evaluation report shall be submitted by the commissioner to the legislature by March 1, 1997. A final evaluation report shall be submitted by the commissioner to the legislature by January 15, 1998. The pilot program shall continue pending final decision by the legislature, or until the commissioner determines that the pilot program shall discontinue and that Hennepin county shall not participate in the contested administrative process.

In counties designated by the commissioner, contested hearings administrative proceedings required under this section shall be scheduled before administrative law judges, and shall be conducted in accordance with the provisions under this section. In counties not designated by the commissioner, contested hearings administrative proceedings shall be conducted in district court in accordance with the rules of civil procedure and the rules of family court. The district court shall not conduct administrative proceedings in counties designated by the commissioner.

(b) An administrative law judge may conduct hearings administrative proceedings and approve a stipulation reached on a contempt motion brought by the public authority. Any stipulation that involves a finding of contempt and a jail sentence, whether stayed or imposed, shall require the review and signature of a district court judge.

(c) A party, witness, or attorney may appear or testify by telephone, audiovisual means, or other electronic means, at the discretion of the administrative law judge.

(d) Before implementing the process in a county, the chief administrative law judge, the commissioner of human services, the director of the county human services agency, the county attorney, the county court administrator, and the county sheriff shall jointly establish procedures, and the county shall provide hearing facilities for implementing this process in the county. A contested administrative hearing proceeding shall be conducted in a courtroom, if one is available, or a conference or meeting room with at least two exits and of sufficient size to permit adequate physical separation of the parties. The court administrator shall, to the extent practical, provide administrative support for the contested hearing administrative proceeding. Security personnel shall either be present during the administrative hearings proceedings, or be available to respond to a request for emergency assistance.

(e) The contested administrative hearings shall be conducted under the rules of the office of administrative hearings, Minnesota Rules, parts 1400.5275, 1400.5500, 1400.6000 to 1400.6400, 1400.6600 to 1400.7000, 1400.7100 to 1400.7500, 1400.7700, 1400.7800, and 1400.8100, as adopted by the chief administrative law judge. For matters not initiated under subdivision 2, documents from the moving party shall be served and filed at least 21 14 days prior to the hearing and the opposing party shall serve and file documents raising new issues at least ten days prior to the hearing. In all contested administrative proceedings, the administrative law judge may limit the extent and timing of discovery. Except as provided under this section, other aspects of the case, including, but not limited to, discovery, shall be conducted under the rules of family court, the rules of civil procedure, and chapter 518.

(f) Pursuant According to a contested administrative hearing, the administrative law judge shall make findings of fact, conclusions, and a final decision and issue an order. Orders issued by an administrative law judge may be enforceable by the contempt powers of the district courts.

without need for further foundation testimony. For matters scheduled for a contested hearing administrative proceeding which were not initiated under subdivision 2, the public authority shall obtain any income information available to the public authority through the department of economic security and serve this information on all parties and file the information with the court at least five days prior to the hearing.

(h) When only one party appears at the contested administrative proceeding, a hearing shall be conducted. The administrative law judge or district court judge shall prepare an order and file it with the district court. The court shall serve the order on the parties by first class mail at the last known address and shall provide a copy of the order to the public authority.

(i) If neither party appears at the contested administrative proceeding and no new information has been submitted or made available to the court or public authority, the public authority shall submit the default order to the administrative law judge, district court judge, or referee for signature. If neither party appears and new information is available to the court or public authority, the administrative law judge or district court judge shall prepare an order based on the new information. The court shall serve the order on the parties by first class mail at the last known address and shall provide a copy of the order to the public authority.

(j) The decision and order of the administrative law judge is appealable to the court of appeals in the same manner as a decision of the district court.

Sec. 62. Minnesota Statutes 1996, section 518.5512, subdivision 2, is amended to read:

Subd. 2. [PATERNITY.] (a) After service of the notice and proposed order, a nonattorney employee of the public authority may request an administrative law judge or the district court to order the child, mother, or alleged father to submit to blood or genetic tests. The order is effective when signed by an administrative law judge or the district court. The order of the public authority shall be effective unless, within 20 days of the date of the order, the child, mother, or alleged father requests a contested administrative proceeding under section 518.5511, subdivision 3a. If a contested administrative proceeding is requested and held, any order issued by an administrative law judge shall supersede the order issued by the public authority. In all other cases, the order of the public authority is controlling. Failure to comply with the order for blood or genetic tests may result in a default determination of parentage.

(b) If parentage is contested at the administrative hearing proceeding, the administrative law judge may order temporary child support under section 257.62, subdivision 5, and shall refer the case to the district court. The district court shall have the authority to decide the case based on the administrative process documents and shall not require the issuance of any alternate pleadings.

(c) The district court may appoint counsel for an indigent alleged father only after the return of the blood or genetic test results from the testing laboratory.

Sec. 63. Minnesota Statutes 1996, section 518.5512, subdivision 3, is amended to read:

Subd. 3. [COST-OF-LIVING ADJUSTMENT.] The notice of application for adjustment shall be treated as a proposed order under section 518.5511, subdivision 2, paragraph (c). The public authority shall serve notice of its application for a cost-of-living adjustment on the obligor in accordance with section 518.641. The public authority shall stay the adjustment of support upon receipt by the public authority of a request for an administrative conference by the obligor to proceed directly to a contested administrative proceeding under section 518.5511, subdivision 4. An obligor requesting an administrative conference shall provide all relevant information that establishes an insufficient increase in income to justify the adjustment of the support obligation. If the obligor fails to submit any evidence at the administrative conference, the cost-of-living adjustment will immediately go into effect.

Sec. 64. Minnesota Statutes 1996, section 518.5512, is amended by adding a subdivision to read:

Sec. 65. Minnesota Statutes 1996, section 518.5512, is amended by adding a subdivision to read:

Subd. 6. [ADMINISTRATIVE AUTHORITY.] (a) In each case in which support rights are assigned under section 256.741, subdivision 1, or where the public authority is providing services under an application for child support services, a nonattorney employee of the public authority may, without requirement of a court order:

(1) recognize and enforce orders of child support agencies of other states;

(2) compel by subpoena the production of all papers, books, records, documents, or other evidentiary material needed to establish a parentage or child support order or to modify or enforce a child support order;

(3) change the payee to the appropriate person, organization, or agency authorized to receive or collect child support or any other person or agency designated as the caretaker of the child by agreement of the legal custodian or by court order;

(4) order income withholding of child support under section 518.611;

(5) secure assets to satisfy the debt or arrearage in cases in which there is a support debt or arrearage by:

(i) intercepting or seizing periodic or lump sum payments from state or local agencies, including reemployment insurance, workers' compensation payments, judgments, settlements, and lotteries;

(ii) attaching and seizing assets of the obligor held in financial institutions or public or private retirement funds; and

(iii) imposing liens and, in appropriate cases, forcing the sale of property and the distribution of proceeds; and

(6) increase the amount of the monthly support payments to include amounts for debts or arrearages for the purpose of securing overdue support.

(b) Subpoenas may be served anywhere within the state and served outside the state in the same manner as prescribed by law for service of process of subpoenas issued by the district court of this state. When a subpoena under this subdivision is served on a third-party recordkeeper, written notice of the subpoena shall be mailed to the person who is the subject of the subpoenaed material at the person's last known address within three days of the day the subpoena is served. This notice provision does not apply if there is reasonable cause to believe the giving of the notice may lead to interference with the production of the subpoenaed documents.

(c) A person served with a subpoena may make a written objection to the public authority or court before the time specified in the subpoena for compliance. The public authority or the court shall cancel or modify the subpoena, if appropriate. The public authority shall pay the reasonable costs of producing the documents, if requested.

(d) Subpoenas shall be enforceable in the same manner as subpoenas of the district court, in proceedings initiated by complaint of the public authority in the district court.

Sec. 66. Minnesota Statutes 1996, section 518.5512, is amended by adding a subdivision to read:

Subd. 7. [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).

Sec. 67. Minnesota Statutes 1996, section 518.553, is amended to read:

518.553 [PAYMENT AGREEMENTS.]

Sec. 68. Minnesota Statutes 1996, section 518.575, is amended to read:

518.575 [PUBLICATION OF NAMES OF DELINQUENT CHILD SUPPORT OBLIGORS MOST WANTED LIST.]

Subdivision 1. [PUBLICATION OF NAMES.] Twice each year, the attorney general, in consultation with the commissioner of human services, shall publish a list of the names and, photographs, and other identifying information, including last known addresses of each person who (1) is a child support obligor, (2) is at least $3,000 in arrears, and (3) is at least ten individuals who meet the following criteria:

(1) owe the largest amounts of unpaid child support;

(2) are not in compliance with a written payment agreement regarding both current support and arrearages approved by the court, an administrative law judge, or the public authority; and

(3) cannot currently be located by the public authority for the purposes of enforcing a child support order.

The commissioner of human services attorney general shall publish the name of each obligor in the newspaper or newspapers of widest circulation in the area where the obligor is most likely to be residing. For each publication, the commissioner shall release the list of all names being published not earlier than the first day on which names appear in any newspaper. An obligor's name may not be published if the obligor claims in writing, and the commissioner of human services determines, there is good cause for the nonpayment of child support. Good cause includes the following: (i) there is a mistake in the obligor's identity or the amount of the obligor's arrears; (ii) arrears are reserved by the court or there is a pending legal action concerning the unpaid child support; or (iii) other circumstances as determined by the commissioner "Most Wanted" list in the most cost-effective means available that is calculated to lead to the location of the individuals sought, including publication on the Internet. The list must be based on the best information available to the state at the time of publication.

Before publishing the name of the obligor, the attorney general, in consultation with the department of human services, shall send a notice to the obligor's last known address which states the department's intention to publish the obligor's name and, photograph, the amount of child support the obligor owes, and other identifying information. The notice must also provide an opportunity to have the obligor's name removed from the list by paying the arrearage or by entering into an agreement to pay the arrearage, and the final date when the payment or agreement can be accepted.

The department of human services shall insert with the notices sent to the obligee, a notice stating the intent to publish the obligor's name, and the criteria used to determine the publication of the obligor's name. Prior to publishing any obligor's name, photograph, or other identifying information, the attorney general, in consultation with the department of human services, shall obtain the written consent of the obligee to whom the child support is owed.

Subd. 2. [NAMES PUBLISHED IN ERROR.] If the commissioner attorney general publishes a name or photograph under subdivision 1 which is in error, the commissioner attorney general must also offer to publish a printed retraction and apology acknowledging that the name or photograph was published in error. The retraction and apology must appear in each publication that included the original notice with the name or photograph listed in error, and it must appear in the same type size and appear the same number of times as the original notice.

Sec. 69. [518.6111] [INCOME WITHHOLDING.]

Subdivision 1. [DEFINITIONS.] (a) For the purpose of this section, the following terms have the meanings provided in this subdivision unless otherwise stated.

(b) "Payor of funds" means any person or entity that provides funds to an obligor, including an employer as defined under chapter 24 of the Internal Revenue Code, section 3401(d), an independent contractor, payor of worker's compensation benefits or reemployment insurance, or a financial institution as defined in section 256.978, subdivision 2, paragraph (b).

(c) "Business day" means a day on which state offices are open for regular business.

Subd. 2. [APPLICATION.] This section applies to all support orders issued by a court or an administrative tribunal and orders for or notices of withholding issued by the public authority according to section 518.5512, subdivision 6, paragraph (a), clause (4).

Subd. 3. [ORDER.] Every support order must address income withholding. Whenever a support order is initially entered or modified, the full amount of the support order must be withheld from the income of the obligor and forwarded to the public authority. Every order for support or maintenance shall provide for a conspicuous notice of the provisions of this section that complies with section 518.68, subdivision 2. An order without this notice remains subject to this section. This section applies regardless of the source of income of the person obligated to pay the support or maintenance.

A payor of funds shall implement income withholding according to this section upon receipt of an order for or notice of withholding. The notice of withholding shall be on a form provided by the commissioner of human services.

Subd. 4. [COLLECTION SERVICES.] The commissioner of human services shall prepare and make available to the courts a notice of services that explains child support and maintenance collection services available through the public authority, including income withholding. Upon receiving a petition for dissolution of marriage or legal separation, the court administrator shall promptly send the notice of services to the petitioner and respondent at the addresses stated in the petition.

Upon receipt of a support order requiring income withholding, a petitioner or respondent, who is not a recipient of public assistance and does not receive child support services from the public authority, shall apply to the public authority for either full child support collection services or for income withholding only services.

For those persons applying for income withholding only services, a monthly service fee of $15 must be charged to the obligor. This fee is in addition to the amount of the support order and shall be withheld through income withholding. The public authority shall explain the service options in this section to the affected parties and encourage the application for full child support collection services.

Subd. 5. [PAYOR OF FUNDS RESPONSIBILITIES.] (a) An order for or notice of withholding is binding on a payor of funds upon receipt. Withholding must begin no later than the first pay period that occurs after 14 days following the date of receipt of the order for or notice of withholding. In the case of a financial institution, preauthorized transfers must occur in accordance with a court-ordered payment schedule.

(b) A payor of funds shall withhold from the income payable to the obligor the amount specified in the order or notice of withholding and amounts specified under subdivisions 6 and 9 and shall remit the amounts withheld to the public authority within seven business days of the date the obligor is paid the remainder of the income. The payor of funds shall include with the remittance the social security number of the obligor, the case type indicator, and the date the obligor is paid the remainder of the income. The obligor is considered to have paid the amount withheld as of the date the obligor received the remainder of the income. A payor of funds may combine all amounts withheld from one pay period into one payment to each public authority, but shall separately identify each obligor making payment.

(c) A payor of funds shall not discharge, or refuse to hire, or otherwise discipline an employee as a result of wage or salary withholding authorized by this section. A payor of funds shall be liable to the obligee for any amounts required to be withheld. A payor of funds that fails to withhold or transfer funds in accordance with this section is also liable to the obligee for interest on the funds at the rate applicable to judgments under section 549.09 computed from the date the funds were required to be withheld or transferred. A payor of funds is liable for reasonable attorney fees of the obligee or public authority incurred in enforcing the liability under this paragraph. A payor of funds that has failed to comply with the requirements of this section is subject to contempt sanctions under section 518.615. If the payor of funds is an employer or independent contractor and violates this subdivision, a court may award the obligor twice the wages lost as a result of this violation. If a court finds a payor of funds violated this subdivision, the court shall impose a civil fine of not less than $500.

(1) if the total of the amounts designated in the orders for or notices of withholding as current support exceeds the amount available for income withholding, the payor of funds shall allocate to each order or notice an amount for current support equal to the amount designated in that order or notice as current support, divided by the total of the amounts designated in the orders or notices as current support, multiplied by the amount of the income available for income withholding; and

(2) if the total of the amounts designated in the orders for or notices of withholding as current support does not exceed the amount available for income withholding, the payor of funds shall pay the amounts designated as current support, and shall allocate to each order or notice an amount for past due support, equal to the amount designated in that order or notice as past due support, divided by the total of the amounts designated in the orders or notices as past due support, multiplied by the amount of income remaining available for income withholding after the payment of current support.

(e) When an order for or notice of withholding is in effect and the obligor's employment is terminated, the obligor and the payor of funds shall notify the public authority of the termination within ten days of the termination date. The termination notice shall include the obligor's home address and the name and address of the obligor's new payor of funds, if known.

(f) A payor of funds may deduct one dollar from the obligor's remaining salary for each payment made pursuant to an order for or notice of withholding under this section to cover the expenses of withholding.

Subd. 6. [FINANCIAL INSTITUTIONS.] (a) If income withholding is ineffective due to the obligor's method of obtaining income, the court shall order the obligor to identify a child support deposit account owned solely by the obligor, or to establish an account, in a financial institution located in this state for the purpose of depositing court-ordered child support payments. The court shall order the obligor to execute an agreement with the appropriate public authority for preauthorized transfers from the obligor's child support account payable to an account of the public authority. The court shall order the obligor to disclose to the court all deposit accounts owned by the obligor in whole or in part in any financial institution. The court may order the obligor to disclose to the court the opening or closing of any deposit account owned in whole or in part by the obligor within 30 days of the opening or closing. The court may order the obligor to execute an agreement with the appropriate public authority for preauthorized transfers from any deposit account owned in whole or in part by the obligor to the obligor's child support deposit account if necessary to satisfy court-ordered child support payments. The court may order a financial institution to disclose to the court the account number and any other information regarding accounts owned in whole or in part by the obligor. An obligor who fails to comply with this subdivision, fails to deposit funds in at least one deposit account sufficient to pay court-ordered child support, or stops payment or revokes authorization of any preauthorized transfer is subject to contempt of court procedures under chapter 588.

(b) A financial institution shall execute preauthorized transfers for the deposit accounts of the obligor in the amount specified in the order and amounts required under this section as directed by the public authority. A financial institution is liable to the obligee if funds in any of the obligor's deposit accounts identified in the court order equal the amount stated in the preauthorization agreement but are not transferred by the financial institution in accordance with the agreement.

Subd. 7. [SUBSEQUENT INCOME WITHHOLDING.] (a) This subdivision applies to support orders that do not contain provisions for income withholding.

(b) For cases in which the public authority is providing child support enforcement services to the parties, the income withholding under this subdivision shall take effect without prior judicial notice to the obligor and without the need for judicial or administrative hearing. Withholding shall result when:

(1) the obligor requests it in writing to the public authority;

(2) the obligor fails to make the payments as required in the support order and is at least 30 days in arrears;

(3) the obligee or obligor serves on the public authority a copy of the notice of income withholding, a copy of the court's order, an application, and the fee to use the public authority's collection services; or

(4) the public authority commences withholding according to section 518.5512, subdivision 6, paragraph (a), clause (4).

(d) Within two days after the public authority commences withholding under this subdivision, the public authority shall send to the obligor at the obligor's last known address, notice that withholding has commenced. The notice shall include the information provided to the payor of funds in the notice of withholding.

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, 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 that an arrearage of at least 30 days existed as of the date of the notice of withholding, the court shall order income withholding to continue. 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.

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, United States Code, title 15, 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 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 order. The public authority shall notify the payor of funds to withhold under the most current withholding order or notice.

Subd. 10. [ARREARAGE ORDER.] (a) This section does not prevent the court from ordering the payor of funds to withhold amounts to satisfy the obligor's previous arrearage in support order payments. This remedy shall not operate to exclude availability of other remedies to enforce judgments. The employer or payor of funds shall withhold from the obligor's income an additional amount equal to 20 percent of the monthly child support or maintenance obligation until the arrearage is paid.

(b) Notwithstanding any law to the contrary, funds from income sources included in section 518.54, subdivision 6, whether periodic or lump sum, are not exempt from attachment or execution upon a judgment for child support arrearage.

(c) Absent an order to the contrary, if an arrearage exists at the time a support order would otherwise terminate, income withholding shall continue in effect or may be implemented in an amount equal to the support order plus an additional 20 percent of the monthly child support obligation, until all arrears have been paid in full.

Subd. 11. [LUMP SUM PAYMENTS.] Before transmittal to the obligor of a lump sum payment of $500 or more including, but not limited to, severance pay, accumulated sick pay, vacation pay, bonuses, commissions, or other pay or benefits, a payor of funds:

(1) who has been served with an order for or notice of income withholding under this section shall:

(i) notify the public authority of the lump sum payment that is to be paid to the obligor;

(iii) upon order of the court, and after a showing of past willful nonpayment of support, pay any specified amount of the lump sum payment to the public authority for future support; or

(2) shall pay the lessor of the amount of the lump sum payment or the total amount of the judgment and arrearages upon service by United States mail of a sworn affidavit from the public authority or a court order that includes the following information:

(i) that a judgment entered pursuant to section 548.091, subdivision 1a, exists against the obligor, or that other support arrearages exist;

(ii) the current balance of the judgment or arrearage; and

(iii) that a portion of the judgment or arrearage remains unpaid.

The Consumer Credit Protection Act, United States Code, title 15, section 1673(b), does not apply to lump sum payments.

Subd. 12. [INTERSTATE INCOME WITHHOLDING.] (a) Upon receipt of an order for support entered in another state and the specified documentation from an authorized agency, the public authority shall implement income withholding. A payor of funds in this state shall withhold income under court orders for withholding issued by other states or territories.

(b) An employer receiving an income withholding notice from another state shall withhold and distribute the funds as directed in the withholding notice and shall apply the law of the obligor's principal place of employment when determining:

(1) the employer's fee for processing an income withholding notice;

(2) the maximum amount permitted to be withheld from the obligor's income; and

(3) deadlines for implementing and forwarding the child support payment.

(c) An obligor may contest withholding under this subdivision pursuant to section 518C.506.

Subd. 13. [ORDER TERMINATING INCOME WITHHOLDING.] An order terminating income withholding must specify the effective date of the order and reference the initial order or decree that establishes the support obligation and shall be entered once the following conditions have been met:

(1) the obligor serves written notice of the application for termination of income withholding by mail upon the obligee at the obligee's last known mailing address, and a duplicate copy of the application is served on the public authority;

(2) the application for termination of income withholding specifies the event that terminates the support obligation, the effective date of the termination of the support obligation, and the applicable provisions of the order or decree that established the support obligation;

(3) the application includes the complete name of the obligor's payor of funds, the business mailing address, the court action and court file number, and the support and collections file number, if known; and

(4) after receipt of the application for termination of income withholding, the obligee or the public authority fails within 20 days to request a contested hearing on the issue of whether income withholding of support should continue clearly specifying the basis for the continued support obligation and, ex parte, to stay the service of the order terminating income withholding upon the obligor's payor of funds, pending the outcome of the contest hearing.

Subd. 14. [TERMINATION BY 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.

Subd. 15. [CONTRACT FOR SERVICE.] To carry out the provisions of this section, the public authority responsible for child support enforcement may contract for services, including the use of electronic funds transfer.

Subd. 16. [WAIVER.] (a) If child support or maintenance is not assigned under section 256.741, the court may waive the requirements of this section if the court finds there is no arrearage in child support and maintenance as of the date of the hearing and:

(1) one party demonstrates and the court finds there is good cause to waive the requirements of this section or to terminate an order for or notice of income withholding previously entered under this section; or

(2) all parties reach an agreement and the agreement is approved by the court after a finding that the agreement is likely to result in regular and timely payments. The court's findings waiving the requirements of this paragraph shall include a written explanation of the reasons why income withholding would not be in the best interests of the child.

In addition to the other requirements in this subdivision, if the case involves a modification of support, the court shall make a finding that support has been timely made.

(b) If the court waives income withholding, the obligee or obligor may at any time request income withholding under subdivision 7.

Subd. 17. [NONLIABILITY; PAYOR OF FUNDS.] A payor of funds who complies with an income withholding order or notice of withholding according to this chapter or chapter 518C that appears regular on its face shall not be subject to civil liability to any individual or agency for taking action in compliance with the order or notice.

Subd. 18. [ELECTRONIC TRANSMISSION.] Orders or notices for withholding under this section may be transmitted for enforcement purposes by electronic means.

Sec. 70. Minnesota Statutes 1996, section 518.616, is amended by adding a subdivision to read:

Subd. 1a. [COURT ORDERS FOR CHILDREN RECEIVING PUBLIC ASSISTANCE.] For any order enforced by the public authority for children receiving assistance under any of the programs referred to in section 256.741, subdivision 8, the public authority may seek a court order requiring the obligor to participate in work activities if the obligor is in arrears in child support. Work activities include the following:

(1) unsubsidized employment;

(2) subsidized private sector employment;

(3) subsidized public sector employment or work experience only if sufficient private sector employment is unavailable;

(4) on-the-job training;

(5) job search and job readiness;

(6) education directly related to employment, in the case of an obligor who:

(i) has not attained 20 years of age; and

(ii) has not received a high school diploma or certificate of high school equivalency;

(7) job skills training directly related to employment;

(8) satisfactory attendance at a secondary school in the case of an obligor who:

(ii) is a dependent child, or a head of a household and who has not attained 20 years of age; and

(9) vocational educational training, not to exceed 12 months with respect to any individual.

Sec. 71. [518.618] [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.

Sec. 72. Minnesota Statutes 1996, 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.

(b) It is presumed that there has been a substantial change in circumstances under clause (1), (2), or (4) 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.

(b) (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;

(iii) the excess employment is in the nature of additional, part-time employment, or overtime employment compensable by the hour or fractions of an hour;

(iv) the party's compensation structure has not been changed for the purpose of affecting a support or maintenance obligation;

(v) in the case of an obligor, current child support payments are at least equal to the guidelines amount based on income not excluded under this clause; and

(vi) in the case of an obligor who is in arrears in child support payments to the obligee, any net income from excess employment must be used to pay the arrearages until the arrearages are paid in full.

(c) (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.

(d) (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.

(e) (f) The court need not hold an evidentiary hearing on a motion for modification of maintenance or support.

(f) (g) Section 518.14 shall govern the award of attorney fees for motions brought under this subdivision.

Sec. 73. Minnesota Statutes 1996, section 518.641, subdivision 2, is amended to read:

Subd. 2. [CONDITIONS.] No adjustment under this section may be made unless the order provides for it and until the following conditions are met:

(a) the obligee or public authority serves notice of its the application for adjustment by mail on the obligor at the obligor's last known address at least 20 days before the effective date of the adjustment;

(b) the notice to the obligor informs the obligor of the date on which the adjustment in payments will become effective; and

(d) the public authority sends notice of its application for adjustment to the obligor at the obligor's last known address at least 20 days before the effective date of the adjustment, and the notice informs the obligor of the date on which the adjustment will become effective and the procedures for contesting the adjustment according to section 518.5512.

Sec. 74. Minnesota Statutes 1996, section 518.68, subdivision 2, is amended to read:

Subd. 2. [CONTENTS.] The required notices must be substantially as follows:

1. PAYMENTS TO PUBLIC AGENCY

Pursuant According to Minnesota Statutes, section 518.551, subdivision 1, payments ordered for maintenance and support must be paid to the public agency responsible for child support enforcement as long as the person entitled to receive the payments is receiving or has applied for public assistance or has applied for support and maintenance collection services. MAIL PAYMENTS TO:

2. DEPRIVING ANOTHER OF CUSTODIAL OR PARENTAL RIGHTS -- A FELONY

A person may be charged with a felony who conceals a minor child or takes, obtains, retains, or fails to return a minor child from or to the child's parent (or person with custodial or visitation rights), pursuant according to Minnesota Statutes, section 609.26. A copy of that section is available from any district court clerk.

3. RULES OF SUPPORT, MAINTENANCE, VISITATION

(a) Payment of support or spousal maintenance is to be as ordered, and the giving of gifts or making purchases of food, clothing, and the like will not fulfill the obligation.

(b) Payment of support must be made as it becomes due, and failure to secure or denial of rights of visitation is NOT an excuse for nonpayment, but the aggrieved party must seek relief through a proper motion filed with the court.

(c) Nonpayment of support is not grounds to deny visitation. The party entitled to receive support may apply for support and collection services, file a contempt motion, or obtain a judgment as provided in Minnesota Statutes, section 548.091.

(d) The payment of support or spousal maintenance takes priority over payment of debts and other obligations.

(e) A party who accepts additional obligations of support does so with the full knowledge of the party's prior obligation under this proceeding.

(f) Child support or maintenance is based on annual income, and it is the responsibility of a person with seasonal employment to budget income so that payments are made throughout the year as ordered.

(g) If there is a layoff or a pay reduction, support may be reduced as of the time of the layoff or pay reduction if a motion to reduce the support is served and filed with the court at that time, but any such reduction must be ordered by the court. The court is not permitted to reduce support retroactively, except as provided in Minnesota Statutes, section 518.64, subdivision 2, paragraph (c).

4. PARENTAL RIGHTS FROM MINNESOTA STATUTES, SECTION 518.17, SUBDIVISION 3

Unless otherwise provided by the Court:

(b) Each party shall keep the other informed as to the name and address of the school of attendance of the minor children. Each party has the right to be informed by school officials about the children's welfare, educational progress and status, and to attend school and parent teacher conferences. The school is not required to hold a separate conference for each party.

(c) In case of an accident or serious illness of a minor child, each party shall notify the other party of the accident or illness, and the name of the health care provider and the place of treatment.

(d) Each party has the right of reasonable access and telephone contact with the minor children.

5. WAGE AND INCOME DEDUCTION OF SUPPORT AND MAINTENANCE

Child support and/or spousal maintenance may be withheld from income, with or without notice to the person obligated to pay, when the conditions of Minnesota Statutes, sections 518.611 and 518.613, have been met. A copy of those sections is available from any district court clerk.

6. CHANGE OF ADDRESS OR RESIDENCE

Unless otherwise ordered, the person responsible to make support or maintenance payments each party shall notify the person entitled to receive the payment other party, the court, and the public authority responsible for collection, if applicable, of a change of address or residence the following information within 60 ten days of the address or residence change any change: the residential and mailing address, telephone number, driver's license number, social security number, and name, address, and telephone number of the employer.

7. COST OF LIVING INCREASE OF SUPPORT AND MAINTENANCE

Child support and/or spousal maintenance may be adjusted every two years based upon a change in the cost of living (using Department of Labor Consumer Price Index . .. .. .. .. ., unless otherwise specified in this order) when the conditions of Minnesota Statutes, section 518.641, are met. Cost of living increases are compounded. A copy of Minnesota Statutes, section 518.641, and forms necessary to request or contest a cost of living increase are available from any district court clerk.

8. JUDGMENTS FOR UNPAID SUPPORT

If a person fails to make a child support payment, the payment owed becomes a judgment against the person responsible to make the payment by operation of law on or after the date the payment is due, and the person entitled to receive the payment or the public agency may obtain entry and docketing of the judgment WITHOUT NOTICE to the person responsible to make the payment under Minnesota Statutes, section 548.091. Interest begins to accrue on a payment or installment of child support whenever the unpaid amount due is greater than the current support due, pursuant according to Minnesota Statutes, section 548.091, subdivision 1a.

9. JUDGMENTS FOR UNPAID MAINTENANCE

A judgment for unpaid spousal maintenance may be entered when the conditions of Minnesota Statutes, section 548.091, are met. A copy of that section is available from any district court clerk.

10. ATTORNEY FEES AND COLLECTION COSTS FOR ENFORCEMENT OF CHILD SUPPORT

A judgment for attorney fees and other collection costs incurred in enforcing a child support order will be entered against the person responsible to pay support when the conditions of section 518.14, subdivision 2, are met. A copy of section 518.14 and forms necessary to request or contest these attorney fees and collection costs are available from any district court clerk.

11. VISITATION EXPEDITOR PROCESS

12. VISITATION REMEDIES AND PENALTIES

Remedies and penalties for the wrongful denial of visitation rights are available under Minnesota Statutes, section 518.175, subdivision 6. These include compensatory visitation; civil penalties; bond requirements; contempt; and reversal of custody. A copy of that subdivision and forms for requesting relief are available from any district court clerk.

Sec. 75. Minnesota Statutes 1996, section 518C.101, is amended to read:

518C.101 [DEFINITIONS.]

In this chapter:

(a) "Child" means an individual, whether over or under the age of majority, who is or is alleged to be owed a duty of support by the individual's parent or who is or is alleged to be the beneficiary of a support order directed to the parent.

(b) "Child support order" means a support order for a child, including a child who has attained the age of majority under the law of the issuing state.

(c) "Duty of support" means an obligation imposed or imposable by law to provide support for a child, spouse, or former spouse, including an unsatisfied obligation to provide support.

(d) "Home state" means the state in which a child lived with a parent or a person acting as parent for at least six consecutive months immediately preceding the time of filing of a petition or comparable pleading for support and, if a child is less than six months old, the state in which the child lived from birth with any of them. A period of temporary absence of any of them is counted as part of the six-month or other period.

(e) "Income" includes earnings or other periodic entitlements to money from any source and any other property subject to withholding for support under the law of this state.

(f) "Income-withholding order" means an order or other legal process directed to an obligor's employer or other debtor under section 518.611 or 518.613, to withhold support from the income of the obligor.

(g) "Initiating state" means a state in from which a proceeding is forwarded or in which a proceeding is filed for forwarding to a responding state under this chapter or a law or procedure substantially similar to this chapter, the uniform reciprocal enforcement of support act, or the revised uniform reciprocal enforcement of support act is filed for forwarding to a responding state.

(h) "Initiating tribunal" means the authorized tribunal in an initiating state.

(i) "Issuing state" means the state in which a tribunal issues a support order or renders a judgment determining parentage.

(j) "Issuing tribunal" means the tribunal that issues a support order or renders a judgment determining parentage.

(k) "Law" includes decisional and statutory law and rules and regulations having the force of law.

(l) "Obligee" means:

(1) an individual to whom a duty of support is or is alleged to be owed or in whose favor a support order has been issued or a judgment determining parentage has been rendered;

(2) a state or political subdivision to which the rights under a duty of support or support order have been assigned or which has independent claims based on financial assistance provided to an individual obligee; or

(m) "Obligor" means an individual, or the estate of a decedent:

(1) who owes or is alleged to owe a duty of support;

(2) who is alleged but has not been adjudicated to be a parent of a child; or

(3) who is liable under a support order.

(n) "Petition" means a petition or comparable pleading used pursuant to section 518.5511.

(o) "Register" means to file a support order or judgment determining parentage in the office of the court administrator.

(p) (o) "Registering tribunal" means a tribunal in which a support order is registered.

(q) (p) "Responding state" means a state to in which a proceeding is filed or to which a proceeding is forwarded for filing from an initiating state under this chapter or a law or procedure substantially similar to this chapter, the uniform reciprocal enforcement of support act, or the revised uniform reciprocal enforcement of support act.

(r) (q) "Responding tribunal" means the authorized tribunal in a responding state.

(s) (r) "Spousal support order" means a support order for a spouse or former spouse of the obligor.

(t) (s) "State" means a state of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States. "State" This term also includes:

(1) an Indian tribe; and

(2) a foreign jurisdiction that has enacted a law or established procedures for issuance and enforcement of support orders that which are substantially similar to the procedures under this chapter, the Uniform Reciprocal Enforcement of Support Act, or the Revised Uniform Reciprocal Enforcement of Support Act.

(u) (t) "Support enforcement agency" means a public official or agency authorized to seek:

(1) seek enforcement of support orders or laws relating to the duty of support;

(2) seek establishment or modification of child support;

(3) seek determination of parentage; or

(4) to locate obligors or their assets.

(v) (u) "Support order" means a judgment, decree, or order, whether temporary, final, or subject to modification, for the benefit of a child, a spouse, or a former spouse, which provides for monetary support, health care, arrearages, or reimbursement, and may include related costs and fees, interest, income withholding, attorney's fees, and other relief.

(w) (v) "Tribunal" means a court, administrative agency, or quasi-judicial entity authorized to establish, enforce, or modify support orders or to determine parentage.

Sec. 76. Minnesota Statutes 1996, section 518C.204, is amended to read:

518C.204 [SIMULTANEOUS PROCEEDINGS IN ANOTHER STATE.]

(a) A tribunal of this state may exercise jurisdiction to establish a support order if the petition or comparable pleading is filed after a petition or comparable pleading is filed in another state only if:

(2) the contesting party timely challenges the exercise of jurisdiction in the other state; and

(3) if relevant, this state is the home state of the child.

(b) A tribunal of this state may not exercise jurisdiction to establish a support order if the petition or comparable pleading is filed before a petition or comparable pleading is filed in another state if:

(1) the petition or comparable pleading in the other state is filed before the expiration of the time allowed in this state for filing a responsive pleading challenging the exercise of jurisdiction by this state;

(2) the contesting party timely challenges the exercise of jurisdiction in this state; and

(3) if relevant, the other state is the home state of the child.

Sec. 77. Minnesota Statutes 1996, section 518C.205, is amended to read:

518C.205 [CONTINUING, EXCLUSIVE JURISDICTION.]

(a) A tribunal of this state issuing a support order consistent with the law of this state has continuing, exclusive jurisdiction over a child support order:

(1) as long as this state remains the residence of the obligor, the individual obligee, or the child for whose benefit the support order is issued; or

(2) until each individual party has all of the parties who are individuals have filed written consent consents with the tribunal of this state for a tribunal of another state to modify the order and assume continuing, exclusive jurisdiction.

(b) A tribunal of this state issuing a child support order consistent with the law of this state may not exercise its continuing jurisdiction to modify the order if the order has been modified by a tribunal of another state pursuant according to this section or a law substantially similar to this chapter.

(c) If a child support order of this state is modified by a tribunal of another state pursuant according to this section or a law substantially similar to this chapter, a tribunal of this state loses its continuing, exclusive jurisdiction with regard to prospective enforcement of the order issued in this state, and may only:

(1) enforce the order that was modified as to amounts accruing before the modification;

(2) enforce nonmodifiable aspects of that order; and

(3) provide other appropriate relief for violations of that order which occurred before the effective date of the modification.

(d) A tribunal of this state shall recognize the continuing, exclusive jurisdiction of a tribunal of another state which has issued a child support order pursuant according to this section or a law substantially similar to this chapter.

(e) A temporary support order issued ex parte or pending resolution of a jurisdictional conflict does not create continuing, exclusive jurisdiction in the issuing tribunal.

(f) A tribunal of this state issuing a support order consistent with the law of this state has continuing, exclusive jurisdiction over a spousal support order throughout the existence of the support obligation. A tribunal of this state may not modify a spousal support order issued by a tribunal of another state having continuing, exclusive jurisdiction over that order under the law of that state.

Sec. 78. Minnesota Statutes 1996, section 518C.207, is amended to read:

518C.207 [RECOGNITION OF CONTROLLING CHILD SUPPORT ORDERS ORDER.]

(1) If a proceeding is brought under this chapter and only one tribunal has issued a child support order, the order of that tribunal is controlling and must be recognized.

(b) If a proceeding is brought under this chapter, and two or more child support orders have been issued by tribunals of this state or another state with regard to the same obligor and child, a tribunal of this state shall apply the rules in clauses (1) to (3) determining which order to recognize for purposes of continuing, exclusive jurisdiction.

(1) If only one of the tribunals would have continuing, exclusive jurisdiction under this chapter, the order of that tribunal is controlling and must be recognized.

(2) If two or more than one of the tribunals would have issued child support orders for the same obligor and child, and only one of the tribunals would have continuing, exclusive jurisdiction under this chapter, the order of that tribunal must be recognized continuing, exclusive jurisdiction under this chapter, an order issued by a tribunal in the current home state of the child is controlling and must be recognized, but if an order has not been issued in the current home state of the child, the most recently issued order controls and must be recognized.

(3) If two or more none of the tribunals would have issued child support orders for the same obligor and child, and more than one of the tribunals would have continuing, exclusive jurisdiction under this chapter, an order issued by a tribunal in the current home state of the child must be recognized, but if an order has not been issued in the current home state of the child, the order most recently issued must be recognized the tribunal of this state having jurisdiction over the parties shall issue a child support order, which controls and must be recognized.

(4) (c) If two or more tribunals have issued child support orders have been issued for the same obligor and child, and none of the tribunals would have continuing, exclusive jurisdiction under this chapter, the tribunal of this state may issue a child support order, which must be recognized and if the obligor or the individual obligee resides in this state, a party may request a tribunal of this state to determine which order is controlling and must be recognized under paragraph (b). The request must be accompanied by a certified copy of every support order in effect. The requesting party shall give notice of the request to each party whose rights may be affected by the determination.

(b) (d) The tribunal that has issued an the controlling order recognized under paragraph (a), (b), or (c) is the tribunal having that has continuing, exclusive jurisdiction under section 518C.205.

(e) A tribunal of this state which determines by order the identity of the controlling order under paragraph (b), clause (1) or (2), or which issues a new controlling order under paragraph (b), clause (3), shall state in that order the basis upon which the tribunal made its determination.

(f) Within 30 days after issuance of an order determining the identity of the controlling order, the party obtaining the order shall file a certified copy of the order with each tribunal that issued or registered an earlier order of child support. A party who obtains the order and fails to file a certified copy is subject to appropriate sanctions by a tribunal in which the issue of failure to file arises. The failure to file does not affect the validity or enforceability of the controlling order.

Sec. 79. Minnesota Statutes 1996, section 518C.301, is amended to read:

518C.301 [PROCEEDINGS UNDER THIS CHAPTER.]

(a) Except as otherwise provided in this chapter, sections 518C.301 to 518C.319 apply to all proceedings under this chapter.

(b) This chapter provides for the following proceedings:

(1) establishment of an order for spousal support or child support pursuant according to section 518C.401;

(3) registration of an order for spousal support or child support of another state for enforcement pursuant according to sections 518C.601 to 518C.612;

(4) modification of an order for child support or spousal support issued by a tribunal of this state pursuant according to sections 518C.203 to 518C.206;

(5) registration of an order for child support of another state for modification pursuant according to sections 518C.601 to 518C.612;

(6) determination of parentage pursuant according to section 518C.701; and

(7) assertion of jurisdiction over nonresidents pursuant according to sections 518C.201 and 518C.202.

(c) An individual petitioner or a support enforcement agency may commence a proceeding authorized under this chapter by filing a petition in an initiating tribunal for forwarding to a responding tribunal or by filing a petition or a comparable pleading directly in a tribunal of another state which has or can obtain personal jurisdiction over the respondent.

Sec. 80. Minnesota Statutes 1996, section 518C.304, is amended to read:

518C.304 [DUTIES OF INITIATING TRIBUNAL.]

(a) Upon the filing of a petition authorized by this chapter, an initiating tribunal of this state shall forward three copies of the petition and its accompanying documents:

(1) to the responding tribunal or appropriate support enforcement agency in the responding state; or

(2) if the identity of the responding tribunal is unknown, to the state information agency of the responding state with a request that they be forwarded to the appropriate tribunal and that receipt be acknowledged.

(b) If a responding state has not enacted the language in this chapter or a law or procedure substantially similar to this chapter, a tribunal of this state may issue a certificate or other document and make a finding required by the law of the responding state. If the responding state is a foreign jurisdiction, the tribunal may specify the amount of support sought and provide other documents necessary to satisfy the requirements of the responding state.

Sec. 81. Minnesota Statutes 1996, section 518C.305, is amended to read:

518C.305 [DUTIES AND POWERS OF RESPONDING TRIBUNAL.]

(a) When a responding tribunal of this state receives a petition or comparable pleading from an initiating tribunal or directly pursuant according to section 518C.301, paragraph (c), it shall cause the petition or pleading to be filed and notify the petitioner by first class mail where and when it was filed.

(b) A responding tribunal of this state, to the extent otherwise authorized by law, may do one or more of the following:

(1) issue or enforce a support order, modify a child support order, or render a judgment to determine parentage;

(2) order an obligor to comply with a support order, specifying the amount and the manner of compliance;

(3) order income withholding;

(4) determine the amount of any arrearages, and specify a method of payment;

(5) enforce orders by civil or criminal contempt, or both;

(7) place liens and order execution on the obligor's property;

(8) order an obligor to keep the tribunal informed of the obligor's current residential address, telephone number, employer, address of employment, and telephone number at the place of employment;

(9) issue a bench warrant for an obligor who has failed after proper notice to appear at a hearing ordered by the tribunal and enter the bench warrant in any local and state computer systems for criminal warrants;

(10) order the obligor to seek appropriate employment by specified methods;

(11) award reasonable attorney's fees and other fees and costs; and

(12) grant any other available remedy.

(c) A responding tribunal of this state shall include in a support order issued under this chapter, or in the documents accompanying the order, the calculations on which the support order is based.

(d) A responding tribunal of this state may not condition the payment of a support order issued under this chapter upon compliance by a party with provisions for visitation.

(e) If a responding tribunal of this state issues an order under this chapter, the tribunal shall send a copy of the order by first class mail to the petitioner and the respondent and to the initiating tribunal, if any.

Sec. 82. Minnesota Statutes 1996, section 518C.310, is amended to read:

518C.310 [DUTIES OF STATE INFORMATION AGENCY.]

(a) The unit within the department of human services that receives and disseminates incoming interstate actions under title IV-D of the Social Security Act from section 518C.02, subdivision 1a, is the state information agency under this chapter.

(b) The state information agency shall:

(1) compile and maintain a current list, including addresses, of the tribunals in this state which have jurisdiction under this chapter and any support enforcement agencies in this state and transmit a copy to the state information agency of every other state;

(2) maintain a register of tribunals and support enforcement agencies received from other states;

(3) forward to the appropriate tribunal in the place in this state in which the individual obligee or the obligor resides, or in which the obligor's property is believed to be located, all documents concerning a proceeding under this chapter received from an initiating tribunal or the state information agency of the initiating state; and

(4) obtain information concerning the location of the obligor and the obligor's property within this state not exempt from execution, by such means as postal verification and federal or state locator services, examination of telephone directories, requests for the obligor's address from employers, and examination of governmental records, including, to the extent not prohibited by other law, those relating to real property, vital statistics, law enforcement, taxation, motor vehicles, driver's licenses, and social security; and

Sec. 83. Minnesota Statutes 1996, section 518C.401, is amended to read:

518C.401 [PETITION TO ESTABLISH SUPPORT ORDER.]

(a) If a support order entitled to recognition under this chapter has not been issued, a responding tribunal of this state may issue a support order if:

(1) the individual seeking the order resides in another state; or

(2) the support enforcement agency seeking the order is located in another state.

(b) The tribunal may issue a temporary child support order if:

(1) the respondent has signed a verified statement acknowledging parentage;

(2) the respondent has been determined by or pursuant to law to be the parent; or

(3) there is other clear and convincing evidence that the respondent is the child's parent.

(c) Upon a finding, after notice and opportunity to be heard, that an obligor owes a duty of support, the tribunal shall issue a support order directed to the obligor and may issue other orders pursuant according to section 518C.305.

Sec. 84. Minnesota Statutes 1996, section 518C.501, is amended to read:

518C.501 [RECOGNITION EMPLOYER'S RECEIPT OF INCOME-WITHHOLDING ORDER OF ANOTHER STATE.]

(a) An income-withholding order issued in another state may be sent by first class mail to the person or entity defined as the obligor's employer under section 518.611 or 518.613 without first filing a petition or comparable pleading or registering the order with a tribunal of this state. Upon receipt of the order, the employer shall:

(1) treat an income-withholding order issued in another state which appears regular on its face as if it had been issued by a tribunal of this state;

(2) immediately provide a copy of the order to the obligor; and

(3) distribute the funds as directed in the withholding order.

(b) An obligor may contest the validity or enforcement of an income-withholding order issued in another state in the same manner as if the order had been issued by a tribunal of this state. Section 518C.604 applies to the contest. The obligor shall give notice of the contest to any support enforcement agency providing services to the obligee and to:

(1) the person or agency designated to receive payments in the income-withholding order; or

(2) if no person or agency is designated, the obligee.

Sec. 85. [518C.5021] [EMPLOYER'S COMPLIANCE WITH INCOME-WITHHOLDING ORDER OF ANOTHER STATE.]

(a) Upon receipt of an income-withholding order, the obligor's employer shall immediately provide a copy of the order to the obligor.

(c) Except as otherwise provided in paragraph (d) and section 518C.504, the employer shall withhold and distribute the funds specified in the withholding order by complying with the terms of the order which specify:

(1) the duration and amount of periodic payments of current child support, stated as a sum certain;

(2) the person or agency designated to receive payments and the address to which the payments are to be forwarded;

(3) medical support, whether in the form of periodic cash payment, stated as a sum certain, or ordering the obligor to provide health insurance coverage for the child under a policy available through the obligor's employment;

(4) the amount of periodic payments of fees and costs for a support enforcement agency, the issuing tribunal, and the obligee's attorney, stated as sums certain; and

(5) the amount of periodic payments of arrearages and interest on arrearages, stated as sums certain.

(d) An employer shall comply with the laws of the state of the obligor's principal place of employment for withholding from income with respect to:

(1) the employer's fee for processing an income-withholding order;

(2) the maximum amount permitted to be withheld from the obligor's income; and

(3) the times within which the employer must implement the withholding order and forward the child support payment.

Sec. 86. [518C.503] [COMPLIANCE WITH MULTIPLE INCOME-WITHHOLDING ORDERS.]

If an obligor's employer receives multiple income-withholding orders with respect to the earnings of the same obligor, the employer satisfies the terms of the multiple orders if the employer complies with the law of the state of the obligor's principal place of employment to establish the priorities for withholding and allocating income withheld for multiple child support obligees.

Sec. 87. [518C.504] [IMMUNITY FROM CIVIL LIABILITY.]

An employer who complies with an income-withholding order issued in another state according to this chapter is not subject to civil liability to an individual or agency with regard to the employer's withholding of child support from the obligor's income.

Sec. 88. [518C.505] [PENALTIES FOR NONCOMPLIANCE.]

An employer who willfully fails to comply with an income-withholding order issued by another state and received for enforcement is subject to the same penalties that may be imposed for noncompliance with an order issued by a tribunal of this state.

Sec. 89. [518C.506] [CONTEST BY OBLIGOR.]

(a) An obligor may contest the validity or enforcement of an income-withholding order issued in another state and received directly by an employer in this state in the same manner as if the order had been issued by a tribunal of this state. Section 518C.604 applies to the contested order.

(b) The obligor shall give notice of the contested order to:

(1) a support enforcement agency providing services to the obligee;

(3) the person or agency designated to receive payments in the income-withholding order or if no person or agency is designated, to the obligee.

Sec. 90. [518C.507] [ADMINISTRATIVE ENFORCEMENT OF ORDERS.]

(a) A party seeking to enforce a support order or an income-withholding order, or both, issued by a tribunal of another state may send the documents required for registering the order to a support enforcement agency of this state.

(b) Upon receipt of the documents, the support enforcement agency, without initially seeking to register the order, shall consider and may use any administrative procedure authorized by the laws of this state to enforce a support order or an income-withholding order, or both. If the obligor does not contest administrative enforcement, the order need not be registered. If the obligor contests the validity or administrative enforcement of the order, the support enforcement agency shall register the order under this chapter.

Sec. 91. Minnesota Statutes 1996, section 518C.603, is amended to read:

518C.603 [EFFECT OF REGISTRATION FOR ENFORCEMENT.]

(a) A support order or income-withholding order issued in another state is registered when the order is filed in the registering tribunal of this state.

(b) A registered order issued in another state is enforceable in the same manner and is subject to the same procedures as an order issued by a tribunal of this state.

(c) Except as otherwise provided in sections 518C.601 to 518C.612 this chapter, a tribunal of this state shall recognize and enforce, but may not modify, a registered order if the issuing tribunal had jurisdiction.

Sec. 92. Minnesota Statutes 1996, section 518C.605, is amended to read:

518C.605 [NOTICE OF REGISTRATION OF ORDER.]

(a) When a support order or income-withholding order issued in another state is registered, the registering tribunal shall notify the nonregistering party. Notice must be given by certified or registered mail or by any means of personal service authorized by the law of this state. The notice must be accompanied by a copy of the registered order and the documents and relevant information accompanying the order.

(b) The notice must inform the nonregistering party:

(1) that a registered order is enforceable as of the date of registration in the same manner as an order issued by a tribunal of this state;

(2) that a hearing to contest the validity or enforcement of the registered order must be requested within 20 days after the date of mailing or personal service of the notice;

(3) that failure to contest the validity or enforcement of the registered order in a timely manner will result in confirmation of the order and enforcement of the order and the alleged arrearages and precludes further contest of that order with respect to any matter that could have been asserted; and

(4) of the amount of any alleged arrearages.

Sec. 93. Minnesota Statutes 1996, section 518C.608, is amended to read:

518C.608 [CONFIRMED ORDER.]

If a contesting party has received notice of registration under section 518C.605, Confirmation of a registered order, whether by operation of law or after notice and hearing, precludes further contest of the order based upon facts that were known by the contesting party at the time of registration with respect to any matter that could have been asserted at the time of registration with respect to any matter that could have been asserted at the time of registration.

Sec. 94. Minnesota Statutes 1996, section 518C.611, is amended to read:

518C.611 [MODIFICATION OF CHILD SUPPORT ORDER OF ANOTHER STATE.]

(a) After a child support order issued in another state has been registered in this state, the responding tribunal of this state may modify that order only if, section 518C.613 does not apply and after notice and hearing, it finds that:

(1) the following requirements are met:

(i) the child, the individual obligee, and the obligor do not reside in the issuing state;

(ii) a petitioner who is a nonresident of this state seeks modification; and

(iii) the respondent is subject to the personal jurisdiction of the tribunal of this state; or

(2) an individual party or the child, or a party who is an individual, is subject to the personal jurisdiction of the tribunal of this state and all of the individual parties who are individuals have filed a written consent consents in the issuing tribunal providing that for a tribunal of this state may to modify the support order and assume continuing, exclusive jurisdiction over the order. However, if the issuing state is a foreign jurisdiction that has not enacted a law or established procedures substantially similar to the procedures in this chapter, the consent otherwise required of an individual residing in this state is not required for the tribunal to assume jurisdiction to modify the child support order.

(b) Modification of a registered child support order is subject to the same requirements, procedures, and defenses that apply to the modification of an order issued by a tribunal of this state and the order may be enforced and satisfied in the same manner.

(c) A tribunal of this state may not modify any aspect of a child support order that may not be modified under the law of the issuing state. If two or more tribunals have issued child support orders for the same obligor and child, the order that controls and must be recognized under section 518C.207 establishes the aspects of the support order which are nonmodifiable.

(d) On issuance of an order modifying a child support order issued in another state, a tribunal of this state becomes the tribunal of continuing, exclusive jurisdiction.

(e) Within 30 days after issuance of a modified child support order, the party obtaining the modification shall file a certified copy of the order with the issuing tribunal which had continuing, exclusive jurisdiction over the earlier order, and in each tribunal in which the party knows that earlier order has been registered.

Sec. 95. Minnesota Statutes 1996, section 518C.612, is amended to read:

518C.612 [RECOGNITION OF ORDER MODIFIED IN ANOTHER STATE.]

A tribunal of this state shall recognize a modification of its earlier child support order by a tribunal of another state which assumed jurisdiction pursuant according to this chapter or a law substantially similar to this chapter and, upon request, except as otherwise provided in this chapter, shall:

(2) enforce only nonmodifiable aspects of that order;

(3) provide other appropriate relief only for violations of that order which occurred before the effective date of the modification; and

(4) recognize the modifying order of the other state, upon registration, for the purpose of enforcement.

Sec. 96. [518C.613] [JURISDICTION TO MODIFY CHILD SUPPORT ORDER OF ANOTHER STATE WHEN INDIVIDUAL PARTIES RESIDE IN THIS STATE.]

(a) If all of the parties who are individuals reside in this state and the child does not reside in the issuing state, a tribunal of this state has jurisdiction to enforce and to modify the issuing state's child support order in a proceeding to register that order.

(b) A tribunal of this state exercising jurisdiction under this section shall apply the provisions of sections 518C.101 to 518C.209, and the procedural and substantive laws of this state to the proceeding for enforcement or modification. Sections 518C.301 to 518C.507 and 518C.701 to 518C.802 do not apply.

Sec. 97. [518C.614] [NOTICE TO ISSUING TRIBUNAL OF MODIFICATION.]

Within 30 days after issuance of a modified child support order, the party obtaining the modification shall file a certified copy of the order with the issuing tribunal that had continuing, exclusive jurisdiction over the earlier order, and in each tribunal in which the party knows the earlier order has been registered. A party who obtains the order and fails to file a certified copy is subject to appropriate sanctions by a tribunal in which the issue of failure to file arises. The failure to file does not affect the validity or enforceability of the modified order of the new tribunal having continuing, exclusive jurisdiction.

Sec. 98. Minnesota Statutes 1996, section 518C.701, is amended to read:

518C.701 [PROCEEDING TO DETERMINE PARENTAGE.]

(a) A tribunal of this state may serve as an initiating or responding tribunal in a proceeding brought under this chapter or a law or procedure substantially similar to this chapter, or under a law or procedure substantially similar to the uniform reciprocal enforcement of support act, or the revised uniform reciprocal enforcement of support act to determine that the petitioner is a parent of a particular child or to determine that a respondent is a parent of that child.

(b) In a proceeding to determine parentage, a responding tribunal of this state shall apply the parentage act, sections 257.51 to 257.74, and the rules of this state on choice of law.

Sec. 99. Minnesota Statutes 1996, section 548.091, subdivision 1a, is amended to read:

Subd. 1a. [CHILD SUPPORT JUDGMENT BY OPERATION OF LAW.] (a) Any payment or installment of support required by a judgment or decree of dissolution or legal separation, determination of parentage, an order under chapter 518C, an order under section 256.87, or an order under section 260.251, that is not paid or withheld from the obligor's income as required under section 518.611 or 518.613, or which is ordered as child support by judgment, decree, or order by a court in any other state, is a judgment by operation of law on and after the date it is due and is entitled to full faith and credit in this state and any other state. Except as otherwise provided by paragraph (b), interest accrues from the date the unpaid amount due is greater than the current support due at the annual rate provided in section 549.09, subdivision 1, plus two percent, not to exceed an annual rate of 18 percent. A payment or installment of support that becomes a judgment by operation of law between the date on which a party served notice of a motion for modification under section 518.64, subdivision 2, and the date of the court's order on modification may be modified under that subdivision.

those made in the month in which they are due. If, after that time, the obligor fails to make complete and timely payments of both current support and court-ordered paybacks of child support debt or arrearage, the public authority or the obligee may move the court for the reinstatement of interest as of the month in which the obligor ceased making complete and timely payments.

The court shall provide copies of all orders issued under this section to the public authority. The commissioner of human services shall prepare and make available to the court and the parties forms to be submitted by the parties in support of a motion under this paragraph.

Sec. 100. Minnesota Statutes 1996, section 548.091, subdivision 2a, is amended to read:

Subd. 2a. [DOCKETING OF CHILD SUPPORT JUDGMENT.] On or after the date an unpaid amount becomes a judgment by operation of law under subdivision 1a, the obligee or the public authority may file with the court administrator, either electronically or by other means:

(1) a statement identifying, or a copy of, the judgment or decree of dissolution or legal separation, determination of parentage, order under chapter 518C, an order under section 256.87, or an order under section 260.251, or judgment, decree, or order for child support by a court in any other state, which provides for installment or periodic payments installments of child support, or a judgment or notice of attorney fees and collection costs under section 518.14, subdivision 2;

(2) an affidavit of default. The affidavit of default must state the full name, occupation, place of residence, and last known post office address of the obligor, the name and post office address of the obligee, the date or dates payment was due and not received and judgment was obtained by operation of law, and the total amount of the judgments to the date of filing, and the amount and frequency of the periodic installments of child support that will continue to become due and payable subsequent to the date of filing; and

(3) an affidavit of service of a notice of entry of judgment or notice of intent to docket judgment and to recover attorney fees and collection costs on the obligor, in person or by mail at the obligor's last known post office address. Service is completed upon mailing in the manner designated. Where applicable, a notice of interstate lien in the form promulgated under United States Code, title 42, section 652(a), is sufficient to satisfy the requirements of clauses (1) and (2).

Sec. 101. Minnesota Statutes 1996, section 548.091, subdivision 3a, is amended to read:

Subd. 3a. [ENTRY, DOCKETING, AND SURVIVAL OF CHILD SUPPORT JUDGMENT.] Upon receipt of the documents filed under subdivision 2a, the court administrator shall enter and docket the judgment in the amount of the default specified in the affidavit of default unpaid obligation identified in the affidavit of default and note the amount and frequency of the periodic installments of child support that will continue to become due and payable after the date of docketing. From the time of docketing, the judgment is a lien upon all the real property in the county owned by the judgment debtor, but it is not a lien on registered land unless the obligee or the public authority causes a notice of judgment lien or certified copy of the judgment to be memorialized on the certificate of title or certificate of possessory title under section 508.63 or 508A.63. The judgment survives and the lien continues for ten years after the date the judgment was docketed. Child support judgments may be renewed by service of notice upon the debtor. Service shall be by certified mail at the last known address of the debtor or in the manner provided for the service of civil process. Upon the filing of the notice and proof of service the court administrator shall renew the judgment for child support without any additional filing fee.

Sec. 102. Minnesota Statutes 1996, section 548.091, is amended by adding a subdivision to read:

Sec. 103. Minnesota Statutes 1996, section 548.091, is amended by adding a subdivision to read:

Subd. 6. [NOTE ON JUDGMENT ROLL.] The court administrator shall note on the judgment roll which judgments are filed pursuant to this section and the amount and frequency of the periodic installment of child support that will continue to become due and payable after the date of docketing.

Sec. 104. Minnesota Statutes 1996, section 548.091, is amended by adding a subdivision to read:

Subd. 7. [FEES.] The public authority is exempt from payment of fees when a judgment is docketed or a certified copy of a judgment is issued by a court administrator, or a notice of judgment lien or a certified copy of a judgment is presented to a registrar of titles for recording. If a notice or certified copy is recorded by the public authority under this subdivision, the registrar of titles may collect from a party presenting for recording a satisfaction or release of the notice or certified copy, the fees for recording and memorializing both the notice or certified copy and the satisfaction or release.

Sec. 105. Minnesota Statutes 1996, section 548.091, is amended by adding a subdivision to read:

Subd. 8. [REGISTERED LAND.] If requested by the public authority and upon the public authority's providing a notice of judgment lien or a certified copy of a judgment for child support debt, together with a street address, tax parcel identifying number, or a legal description for a parcel of real property, the county recorder shall search the registered land records in that county and cause the notice of judgment lien or certified copy of the judgment to be memorialized on every certificate of title or certificate of possessory title of registered land in that county that can be reasonably identified as owned by the obligor who is named on a docketed judgment. The fees for memorializing the lien or judgment must be paid in the manner prescribed by subdivision 7. The county recorders and their employees and agents are not liable for any loss or damages arising from failure to identify a parcel of registered land owned by the obligor who is named on the docketed judgment.

Sec. 106. Minnesota Statutes 1996, section 548.091, is amended by adding a subdivision to read:

Subd. 9. [PAYOFF STATEMENT.] The public authority shall issue to the obligor, attorneys, lenders, and closers, or their agents, a payoff statement setting forth conclusively the amount necessary to satisfy the lien. Payoff statements must be issued within three business days after receipt of a request by mail, personal delivery, telefacsimile, or e-mail transmission, and must be delivered to the requester by telefacsimile or e-mail transmission if requested and if appropriate technology is available to the public authority.

Sec. 107. Minnesota Statutes 1996, section 548.091, is amended by adding a subdivision to read:

Subd. 10. [RELEASE OF LIEN.] Upon payment of the amount due under subdivision 5, the public authority shall execute and deliver a satisfaction of the judgment lien within five business days.

Sec. 108. Minnesota Statutes 1996, section 548.091, is amended by adding a subdivision to read:

Subd. 11. [SPECIAL PROCEDURES.] The public authority shall maintain sufficient staff available to negotiate a release of lien on specific property for less than the full amount due where the proceeds of a sale or financing, less reasonable and necessary closing expenses, are not sufficient to satisfy all encumbrances on the liened property. Partial releases do not release the obligor's personal liability for the amount unpaid.

Sec. 109. Minnesota Statutes 1996, section 548.091, is amended by adding a subdivision to read:

Subd. 12. [CORRECTING ERRORS.] The public authority shall maintain a process to review the identity of the obligor and to issue releases of lien in cases of misidentification. The public authority shall maintain a process to review the amount of child support determined to be delinquent and to issue amended notices of judgment lien in cases of incorrectly docketed judgments.

Sec. 110. Minnesota Statutes 1996, section 548.091, is amended by adding a subdivision to read:

Sec. 111. Minnesota Statutes 1996, section 550.37, subdivision 24, is amended to read:

Subd. 24. [EMPLOYEE BENEFITS.] (a) The debtor's right to receive present or future payments, or payments received by the debtor, under a stock bonus, pension, profit sharing, annuity, individual retirement account, individual retirement annuity, simplified employee pension, or similar plan or contract on account of illness, disability, death, age, or length of service:

(1) to the extent the plan or contract is described in section 401(a), 403, 408, or 457 of the Internal Revenue Code of 1986, as amended, or payments under the plan or contract are or will be rolled over as provided in section 402(a)(5), 403(b)(8), or 408(d)(3) of the Internal Revenue Code of 1986, as amended; or

(2) to the extent of the debtor's aggregate interest under all plans and contracts up to a present value of $30,000 and additional amounts under all the plans and contracts to the extent reasonably necessary for the support of the debtor and any spouse or dependent of the debtor.

(b) The exemptions in paragraph (a) do not apply when the debt is owed under a support order as defined in section 518.54, subdivision 4a.

Sec. 112. [552.01] [DEFINITIONS.]

Subdivision 1. [SCOPE.] The definitions in this section apply to this chapter.

Subd. 2. [CLAIM.] "Claim" means the unpaid balance of the public authority's judgment against the judgment debtor, including all lawful interest and costs incurred.

Subd. 3. [FINANCIAL INSTITUTION.] "Financial institution" means all entities identified in section 13B.06.

Subd. 4. [JUDGMENT DEBTOR.] "Judgment debtor" means a party against whom the public authority has a judgment for the recovery of money resulting from unpaid child support.

Subd. 5. [PUBLIC AUTHORITY.] "Public authority" means the public authority responsible for child support enforcement.

Subd. 6. [THIRD PARTY.] "Third party" means the person or entity upon whom the execution levy is served.

Sec. 113. [552.02] [PUBLIC AUTHORITY'S SUMMARY EXECUTION OF CHILD SUPPORT JUDGMENT DEBTS; WHEN AUTHORIZED.]

The public authority may execute on a money judgment resulting from unpaid child support by levying under this chapter on indebtedness owed to the judgment debtor by a third party. The public authority may execute under this chapter upon service of a notice of child support judgment levy for which the seal of the court is not required.

Sec. 114. [552.03] [SCOPE OF GENERAL AND SPECIFIC PROVISIONS.]

General provisions relating to the public authority's summary execution as authorized in this chapter are set forth in section 552.04. Specific provisions relating to summary execution on funds at a financial institution are set forth in section 552.05. When the public authority levies against funds at a financial institution, the specific provisions of section 552.05 must be complied with in addition to the general provisions of section 552.04. Provisions contained in the statutory forms are incorporated in this chapter and have the same force of law as any other provisions in this chapter.

Sec. 115. [552.04] [GENERAL PROVISIONS.]

Subd. 2. [PROPERTY ATTACHABLE BY SERVICE OF LIEN NOTICE.] Subject to the exemptions provided by subdivision 3 and section 550.37, and any other applicable statute, the service by the public authority of a notice of child support judgment levy under this chapter attaches all nonexempt indebtedness or money due or belonging to the judgment debtor and owing by the third party or in the possession or under the control of the third party at the time of service of the notice of child support judgment levy, whether or not the indebtedness or money has become payable. The third party shall not be compelled to pay or deliver the same before the time specified by any agreement unless the agreement was fraudulently contracted to defeat an execution levy or other collection remedy.

Subd. 3. [PROPERTY NOT ATTACHABLE.] The following property is not subject to attachment by a notice of child support judgment levy served under this chapter:

(1) any indebtedness or money due to the judgment debtor, unless at the time of the service of the notice of child support judgment levy the same is due absolutely or does not depend upon any contingency;

(2) any judgment owing by the third party to the judgment debtor, if the third party or the third party's property is liable on an execution levy upon the judgment;

(3) any debt owing by the third party to the judgment debtor for which any negotiable instrument has been issued or endorsed by the third party;

(4) any indebtedness or money due to the judgment debtor with a cumulative value of less than $10; and

(5) any disposable earnings, indebtedness, or money that is exempt under state or federal law.

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 child support judgment levy upon the third party either by registered or certified mail, or by personal service. Along with a copy of the notice of child support judgment levy, the public authority shall serve upon the third party a notice of third-party levy and disclosure form that must be substantially in the form set forth below.

File No. . . . . . . . . . . . . . . . . . . . . . . .

. . . . . . . . (Public authority)

against NOTICE OF THIRD PARTY

. . . . . . . . (Judgment Debtor) LEVY AND DISCLOSURE

and (OTHER THAN EARNINGS)

. . . . . . . . (Third Party)

PLEASE TAKE NOTICE that pursuant to Minnesota Statutes, chapter 552, 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 child 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.

Two exemption notices are also enclosed pursuant to Minnesota Statutes, section 552.02.

Public Authority

Address

(. . . . . . . .)

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.

. . . . . . . . . . . . . . . . . . . . . . . . .

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

. . . . . . . . . .

Subd. 5. [THIRD-PARTY DISCLOSURE AND REMITTANCE.] Within 15 days after receipt of the notice of child support judgment levy, unless governed by section 552.05, the third party shall disclose and remit to the public authority as much of the amount due as the third party's own debt equals to the judgment debtor.

Subd. 6. [ORAL DISCLOSURE.] Before or after the service of a written disclosure by a third party under subdivision 5, upon a showing by affidavit upon information and belief that an oral examination of the third party would provide a complete disclosure of relevant facts, any party to the execution proceedings may obtain an ex parte order requiring the third party, or a representative of the third party designated by name or by title, to appear for oral examination before the court or a referee appointed by the court. Notice of the examination must be given to all parties.

Subd. 7. [SUPPLEMENTAL COMPLAINT.] If a third party holds property, money, earnings, or other indebtedness by a title that is void as to the judgment debtor's creditors, the property may be levied on although the judgment debtor would be barred from maintaining an action to recover the property, money, earnings, or other indebtedness. In this and all other cases where the third party denies liability, the public authority may move the court at any time before the third party is discharged, on notice to both the judgment debtor and the third party for an order making the third party a party to supplemental action and granting the public authority leave to file a supplemental complaint against the third party and the judgment debtor. The supplemental complaint shall set forth the facts upon which the public authority claims to charge the third party. If probable cause is shown, the motion shall be granted. The supplemental complaint shall be served upon the third party and the judgment debtor and any other parties. The parties served shall answer or respond pursuant to the Minnesota Rules of Civil Procedure for the District Courts, and if they fail to do so, judgment by default may be entered against them.

Subd. 8. [JUDGMENT AGAINST THIRD PARTY UPON FAILURE TO DISCLOSE OR REMIT.] Judgment may be entered against a third party who has been served with a notice of child support judgment levy and fails to disclose or remit the levied funds as required in this chapter. Upon order to show cause served on the third party and notice of motion supported by affidavit of facts and affidavit of service upon both the judgment debtor and third party, the court may render judgment against the third party for an amount not exceeding 100 percent of the amount claimed in the execution. Judgment against the third party under this section shall not bar the public authority from further remedies under this chapter as a result of any subsequent defaults by the third party. The court upon good cause shown may remove the default and permit the third party to disclose or remit on just terms.

Subd. 9. [SATISFACTION.] Upon expiration, the public authority making the execution shall file a partial satisfaction by amount or the total satisfaction with the court administrator without charge.

Subd. 10. [THIRD-PARTY GOOD FAITH REQUIREMENT.] The third party is not liable to the judgment debtor, public authority, or other person for wrongful retention if the third party retains or remits disposable earnings, indebtedness, or money of the judgment debtor or any other person, pending the third party's disclosure or consistent with the disclosure the third party makes, if the third party has a good faith belief that the property retained or remitted is subject to the execution. In addition, the third party may, at any time before or after disclosure, proceed under Rule 67 of the Minnesota Rules of Civil Procedure to make deposit into court. No third party is liable for damages if the third party complies with the provisions of this chapter.

Subd. 12. [DISCHARGE OF A THIRD PARTY.] Subject to subdivisions 6 and 13, the third party, after disclosure, shall be discharged of any further obligation to the public authority when one of the following conditions is met:

(a) The third party discloses that the third party is not indebted to the judgment debtor or does not possess any earnings, property, money, or indebtedness belonging to the judgment debtor that is attachable as defined in subdivision 2. The disclosure is conclusive against the public authority and discharges the third party from any further obligation to the public authority other than to retain and remit all nonexempt disposable earnings, property, indebtedness, or money of the judgment debtor which was disclosed.

(b) The third party discloses that the third party is indebted to the judgment debtor as indicated on the execution disclosure form. The disclosure is conclusive against the public authority and discharges the third party from any further obligation to the public authority other than to retain and remit all nonexempt disposable earnings, property, indebtedness, or money of the judgment debtor that was disclosed.

(c) The court may, upon motion of an interested person, discharge the third party as to any disposable earnings, money, property, or indebtedness in excess of the amount that may be required to satisfy the public authority's claim.

Subd. 13. [EXCEPTIONS TO DISCHARGE OF A THIRD PARTY.] The third party is not discharged if:

(a) Within 20 days of the service of the third party's disclosure, an interested person serves a motion relating to the execution levy. The hearing on the motion must be scheduled to be heard within 30 days of the service of the motion.

(b) The public authority moves the court for leave to file a supplemental complaint against the third party, as provided for in subdivision 7, and the court upon proper showing vacates the discharge of the third party.

Subd. 14. [JOINDER AND INTERVENTION BY PERSONS IN INTEREST.] If it appears that a person, who is not a party to the action, has or claims an interest in any of the disposable earnings, other indebtedness, or money, the court shall permit that person to intervene or join in the execution proceeding under this chapter. If that person does not appear, the court may summon that person to appear or order the claim barred. The person so appearing or summoned shall be joined as a party and be bound by the judgment.

Subd. 15. [APPEAL.] A party to an execution proceeding aggrieved by an order or final judgment may appeal as in other civil cases.

Subd. 16. [PRIORITY OF LEVY.] Notwithstanding section 52.12, a levy by the public authority made under this section on an obligor's funds on deposit in a financial institution located in this state has priority over any unexercised right of setoff of the financial institution to apply the levied funds toward the balance of an outstanding loan or loans owed by the obligor to the financial institution. A claim by the financial institution that it exercised its right to setoff prior to the levy by the public authority must be substantiated by evidence of the date of the setoff and must be verified by the sworn statement of a responsible corporate officer of the financial institution. For purposes of determining the priority of a levy made under this section, the levy must be treated as if it were an execution made under chapter 550.

Sec. 116. [552.05] [SUMMARY EXECUTION UPON FUNDS AT FINANCIAL INSTITUTION.]

Subdivision 1. [PROCEDURE.] In addition to the provisions of section 552.04, when levying upon funds at a financial institution, this section must be complied with. If the notice of child support judgment levy is being used by the public authority to levy funds of a judgment debtor who is a natural person and if the funds to be levied are held on deposit at any financial institution, the public authority shall serve with the notice of child support judgment levy and summary execution two copies of an exemption notice. The notice must be substantially in the form determined by the public authority. Failure of the public authority to send the exemption notice renders the execution levy void, and the financial institution shall take no action. Upon receipt of the notice of child support judgment levy and exemption notices, the financial institution shall retain as much of the amount due as the financial institution has on deposit owing to the judgment debtor, but not more than 100 percent of the amount remaining due on the judgment.

Subd. 2. [EFFECT OF EXEMPTION NOTICE.] Within two business days after receipt of the execution levy and exemption notices, the financial institution shall serve upon the judgment debtor two copies of the exemption notice. The financial institution shall serve the notice by first class mail to the last known address of the judgment debtor. If no claim of exemption is received by the financial institution within 14 days after the exemption notices are mailed to the judgment debtor, the funds remain subject to the execution levy and shall be remitted to the public authority within seven days. If the judgment debtor elects to claim an exemption, the judgment debtor shall complete the exemption notice, sign it under penalty of perjury, and deliver one copy to the financial institution and one copy to the public authority within 14 days of the date postmarked on the correspondence mailed to the judgment debtor containing the exemption notices. Failure of the judgment debtor to deliver the executed exemption notice does not constitute a waiver of any claimed right to an exemption. Upon timely receipt of a claim of exemption, funds not claimed to be exempt by the judgment debtor remain subject to the execution levy. All money claimed to be exempt shall be released to the judgment debtor upon the expiration of seven days after the date postmarked on the envelope containing the executed exemption notice mailed to the financial institution, or the date of personal delivery of the executed exemption notice to the financial institution, unless within that time the public authority interposes an objection to the exemption.

Subd. 3. [OBJECTION TO EXEMPTION CLAIM.] Objection shall be interposed by mailing or delivering one copy of the written objection to the financial institution and one copy of the written objection to the judgment debtor along with a copy of the judgment debtor's claimed exemption form. Both copies of an objection to an exemption claim shall be mailed or delivered on the same date. The financial institution may rely on the date of mailing or delivery of a notice to it in computing any time periods in this section. The written objection must be substantially in the form specified in subdivision 5.

Subd. 4. [DUTIES OF FINANCIAL INSTITUTION IF OBJECTION IS MADE TO EXEMPTION CLAIM.] Upon receipt of a written objection from the public authority within the specified seven-day period, the financial institution shall retain the funds claimed to be exempt. Unless the financial institution receives a request for hearing and notice of hearing from the judgment debtor asserting exemption rights within ten days after receipt of a written objection to the exemption, the funds remain subject to the execution levy as if no claim of exemption had been made and shall be remitted to the public authority within seven days. If a request for hearing and notice of hearing to determine the validity of a claim of exemption is received by the financial institution within the period provided, it shall retain the funds claimed to be exempt until otherwise ordered by the court.

Subd. 5. [NOTICE OF OBJECTION.] (a) The written objection to the judgment debtor's claim of exemption must be in substantially the following form:

. . . . . . . (Public authority) OBJECTION TO

. . . . . . . (Judgment Debtor) EXEMPTION CLAIM

. . . . . . . (Garnishee)(Third Party)

The public authority objects to your claim for exemption from levy of execution for the following reason(s):

. . . . . . . . . . . . . . . . . . . .

. . . . . . . . . . . . . . . . . . . .

. . . . . . . . . . . . . . . . . . . .

Because of this objection, your financial institution will retain the funds you claimed to be exempt for an additional ten days. If you wish to request a hearing on your exemption claim, you should do so within ten days of your receipt of this objection. You may request a hearing by completing the attached form and filing it with the office of administrative hearings.

(2) Upon the filing of a Request for Hearing, the office of administrative hearings shall schedule the matter for a hearing no later than five business days from the date of filing. The office of administrative hearings shall promptly send a completed copy of the request, including the hearing date, time, and place to the adverse party and to the financial institution by first class mail.

(3) If it is possible that the financial institution might not receive the requested mailed form mailed from the court administrator within ten days, then you may want to personally deliver a copy of the request to the financial institution after you have filed your request with the office of administrative hearings.

(4) An order stating whether your funds are exempt shall be issued by the office of administrative hearings within three days of the date of the hearing.

If you do not file a Request for Hearing within ten days of the date you receive this objection, your financial institution may turn your funds over to the public authority.

If you file a Request for Hearing and your financial institution receives it within ten days of the date it received this objection, your financial institution will retain your funds claimed to be exempt until otherwise ordered by the office of administrative hearings.

. . . . . . . . . . .

Attorney for Public Authority

Subd. 6. [REQUEST FOR HEARING AND NOTICE FOR HEARING.] The request for hearing accompanying the objection notice must be in substantially the following form:

. . . . . . . .(Public authority) REQUEST FOR HEARING

. . . . .(Judgment Debtor) AND NOTICE FOR HEARING

. . . . .(Garnishee)(Third Party)

I hereby request a hearing to resolve the exemption claim which has been made in this case regarding funds in the account of . . . . . (Judgment Debtor) at the . . . . . (Financial Institution.

I believe the property being held is exempt because. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Dated: . . . . . . . . . . . . . . . . . . . . . . . . . . .

(JUDGMENT DEBTOR)

. . . . . . . . . . . . . . . . .

(ADDRESS)

. . . . . . . . . . . . . . . . .

HEARING DATE: . . . . . . . . . . . .

HEARING PLACE: . . . . . . . . . . . .

(Note to both parties: Bring with you to the hearing all documents and materials relevant to the exemption claim and objection. Failure to do so could delay the court's decision.

Subd. 7. [RIGHT TO REQUEST REVIEW.] (a) To request administrative review of an action taken by the public authority under this section, the obligor must make a request in writing directed to the public authority or file a motion with the court within 20 days of the date the notice of a child support judgment levy was served on the obligor.

(b) The public authority's receipt of a written request for administrative review starts the administrative process. At a hearing conducted under section 518.5511, the only issues to be determined are whether:

(2) the amount stated in the notice of child support judgment levy is owed by the obligor; and

(3) the amount stated in the notice of child support judgment levy is correct.

(c) The obligor's filing of a motion requesting a court hearing under the Rules of Civil Procedure serves to stay the levy on the obligor's property, but the lien remains in force and effect until the court has issued a final ruling on the matter and all periods for appeal have expired. At a court hearing requested by the obligor, the only issues to be determined are whether:

(1) the public authority complied with the process required by this section;

(2) the amount stated in the notice of child support judgment levy is owed by the obligor; and

(3) the amount stated in the notice of child support judgment levy is correct.

(d) The court may review the proceeding taken by the public authority under this section and may correct any mistakes of fact but shall not reduce or retroactively modify child support arrears.

Subd. 8. [RELEASE OF FUNDS.] At any time during the procedure specified in this section, the judgment debtor or the attorney for the public authority or the public authority may, by a writing dated after the service of the writ of execution, direct the financial institution to release the funds in question to the other party. Upon receipt of a release, the financial institution shall release the funds as directed.

Subd. 9. [SUBSEQUENT PROCEEDINGS; BAD FAITH CLAIM.] If in subsequent proceedings brought by the judgment debtor or the public authority, the claim of exemption is not upheld, and the office of administrative hearings finds that it was asserted in bad faith, the public authority shall be awarded actual damages, costs, and reasonable attorney's fees resulting from the additional proceedings, and an amount not to exceed $100. The underlying judgment must be modified to reflect assessment of damages, costs, and attorney's fees. However, if the party in whose favor a penalty assessment is made is not actually indebted to the party's attorney for fees, the attorney's fee award shall be made directly to the attorney and if not paid, an appropriate judgment in favor of the attorney shall be entered. Upon motion of any party in interest, on notice, the office of administrative hearings shall determine the validity of any claim of exemption, and may make any order necessary to protect the rights of those interested. No financial institution is liable for damages for complying with this section. Both copies of an exemption claim or an objection to an exemption claim must be mailed or delivered on the same date. The financial institution may rely on the date of mailing or delivery of a notice to it in computing any time periods in this section.

Subd. 10. [FORMS.] The public authority shall develop statutory forms for use as required under this section.

Sec. 117. Minnesota Statutes 1996, section 609.375, is amended by adding a subdivision to read:

Subd. 7. [MANDATORY JAIL TIME.] Upon conviction under this section, a defendant may obtain work release only upon the imposition of an automatic income withholding order, and may be required to post a bond in avoidance of jail time and conditioned upon payment of all child support owed. Nonpayment of child support is a violation of any probation granted following conviction under subdivision 2a.

Sec. 118. [CHILD SUPPORT ENFORCEMENT PROGRAM; SERVICES DELIVERY STUDY.]

The commissioner of human services shall conduct a study of the overall state child support enforcement delivery system in order to appropriately meet the performance requirements of new federal law.

Sec. 119. [INDEPENDENT CONTRACTORS.]

Sec. 120. [AGENCY CONSULTATION ON SUSPENDING RECREATIONAL LICENSES.]

The commissioner shall consult with other state agencies to establish procedures to meet federal requirements to suspend recreational licenses of child support obligors who fail to pay child support.

Sec. 121. [REPEALER.]

(a) Minnesota Statutes 1996, sections 518C.9011; and 609.375, subdivisions 3, 4, and 6 are repealed.

(b) Minnesota Statutes 1996, sections 256.74; 256.979, subdivision 9; 518.5511, subdivisions 5, 6, 7, 8, and 9; 518.611; 518.613; 518.645; and 518C.502, are repealed effective July 1, 1997.

Sec. 122. [INSTRUCTION TO REVISOR.]

The revisor shall delete the references to sections 518.611 and 518.613 and insert a reference to section 518.6111 wherever in Minnesota Statutes and Minnesota Rules references to those sections occur.

Sec. 123. [APPROPRIATION.]

Subdivision 1. [DEPARTMENT OF HUMAN SERVICES.] $. . . . . . . is appropriated from the general fund to the department of human services for fiscal year 1998 for the purposes specified in Minnesota Statutes, sections 13B.06 and 548.092.

Subd. 2. [PUBLIC EDUCATION.] $. . . . . . . is appropriated from the general fund to the attorney general for fiscal year 1998 for the continuation of the public education campaign specified in Minnesota Statutes, section 8.35.

Subd. 3. [ATTORNEY GENERAL.] $. . . . . . . is appropriated from the general fund to the attorney general for fiscal year 1998 for the purposes specified in section 518.575.

Sec. 124. [EFFECTIVE DATE.]

Sections 3, 66, and 98 to 108 are effective July 1, 1998. Section 100 (amending section 548.091, by adding a subdivision 5) applies only to judgments first docketed on or after July 1, 1998. Sections 1, 54, and 65 are effective the day following final enactment.

Section 1. Minnesota Statutes 1996, section 518.157, is amended to read:

518.157 [ORIENTATION PARENT EDUCATION PROGRAM IN PROCEEDINGS INVOLVING CHILDREN.]

Subdivision 1. [IMPLEMENTATION; ADMINISTRATION.] By January 1, 1998, the chief judge of each judicial district or a designee shall implement one or more parent education programs within the judicial district for the purpose of educating parents about the impact that divorce, the restructuring of families, and judicial proceedings have upon children and families; methods for preventing visitation conflicts; and dispute resolution options. The chief judge of each judicial district or a designee may require that children attend a separate education program designed to deal with the impact of divorce upon children as part of the parent education program. Each parent education program must enable persons to have timely and reasonable access to education sessions.

Subd. 3. [ATTENDANCE.] In a proceeding under this chapter involving custody, support, or visitation of children, the court may require the parties to or sections 257.51 to 257.75 where custody or visitation is contested, the parents of a minor child shall attend an orientation and education program regarding the proceedings and the impact on the children. that meets the minimum standards promulgated by the Minnesota supreme court. In all other proceedings involving custody, support, or visitation the court may order the parents of a minor child to attend a parent education program. The program shall provide the court with names of persons who fail to attend the parent education program as ordered by the court. Persons who are separated or contemplating involvement in a dissolution, paternity, custody, or visitation proceeding may attend a parent education program without a court order. Participation in a parent education program must occur as early as possible. Parent education programs must offer an opportunity to participate at all phases of a pending or postdecree proceeding. Upon request of a party and a showing of good cause, the court shall may excuse the party from attending the program. Parties may be required to pay a fee to cover the cost of the program, except that if a party is entitled to proceed in forma pauperis under section 563.01, the court shall waive the fee or direct its payment under section 563.01. If past or present domestic abuse, as defined in chapter 518B, is alleged, the court may shall not require the parties to attend the same orientation session parent education sessions and shall enter an order setting forth the manner in which the parties may safely participate in the program.

Subd. 4. [SANCTIONS.] The court may impose sanctions upon a parent for failure to attend or complete a parent education program as ordered.

Subd. 5. [CONFIDENTIALITY.] Unless all parties agree in writing, statements made by a party during participation in a parent education program are inadmissible as evidence for any purpose, including impeachment. No record may be made regarding a party's participation in a parent education program, except a record of attendance at and completion of the program as required under this section. Instructors shall not disclose information regarding an individual participant obtained as a result of participation in a parent education program. Parent education instructors may not be subpoenaed or called as witnesses in court proceedings.

Subd. 6. [FEE.] Except as provided in this subdivision, each person who attends a parent education program shall pay a fee to defray the cost of the program. A party who qualifies for waiver of filing fees under section 563.01 is exempt from paying the parent education program fee and the court shall waive the fee or direct its payment under section 563.01. Program providers shall implement a sliding fee scale.

Sec. 2. Minnesota Statutes 1996, section 518.175, subdivision 1, is amended to read:

Subdivision 1. [GENERAL.] (a) In all proceedings for dissolution or legal separation, subsequent to the commencement of the proceeding and continuing thereafter during the minority of the child, the court shall, upon the request of either parent, grant such rights of visitation on behalf of the child and noncustodial parent as will enable the child and the noncustodial parent to maintain a child to parent relationship that will be in the best interests of the child. A visitation order shall include a provision fairly apportioning between the parties the responsibility of travel associated with visitation. If the court finds, after a hearing, that visitation is likely to endanger the child's physical or emotional health or impair the child's emotional development, the court shall restrict visitation by the noncustodial parent as to time, place, duration, or supervision and may deny visitation entirely, as the circumstances warrant. The court shall consider the age of the child and the child's relationship with the noncustodial parent prior to the commencement of the proceeding. A parent's failure to pay support because of the parent's inability to do so shall not be sufficient cause for denial of visitation.

(b) The court may provide that a law enforcement officer or other appropriate person will accompany a party seeking to enforce or comply with visitation.

(c) Upon request of either party, to the extent practicable a visitation order must include a specific schedule for visitation, including the frequency and duration of visitation and visitation during holidays and vacations, unless visitation is restricted, denied, or reserved.

Sec. 3. Minnesota Statutes 1996, section 518.175, subdivision 6, is amended to read:

Subd. 6. [REMEDIES.] (a) The court may provide for one or more of the following remedies for denial of or interference with court-ordered visitation as provided under this subdivision. All visitation orders must include notice of the provisions of this subdivision.

(b) If the court finds that a person has been wrongfully deprived of the duly established right to court-ordered visitation, the court shall order the custodial parent to permit additional visits to compensate for the visitation of which the person was deprived or the court shall make specific findings as to why a request for compensatory visitation is denied. If compensatory visitation is awarded, additional visits must be:

(1) at least of the same type and duration as the wrongfully denied deprived visit and, at the discretion of the court, may be in excess of or of a different type than the deprived visit;

(2) taken within one year after the wrongfully denied deprived visit; and

(3) at a time acceptable to the person deprived of visitation.

(c) If the court finds that a custodial parent, a noncustodial parent, or any other party has wrongfully failed to comply with a visitation order or a binding agreement of the parties or a binding decision under section 518.1751, the court may shall order an appropriate remedy including one or more of the following:

(1) impose a civil penalty of up to $500 on the party; or

(2) require the party to post a bond with the court for a specified period of time to secure the party's compliance.;

(3) award reasonable attorney's fees and costs;

(4) require the party who violated the visitation order or binding agreement or decision of the visitation expeditor to reimburse the other party for costs incurred as a result of the violation of the order or agreement or decision; or

(5) award any other remedy that the court finds to be in the best interests of the children involved.

A civil penalty imposed under this paragraph must be deposited in the county general fund and must be used to fund the costs of a visitation expeditor program in a county with this program. In other counties, the civil penalty must be deposited in the state general fund.

(d) If the court finds that a party has been denied visitation and has incurred expenses in connection with the denied visitation, the court may require the party who denied visitation to post a bond in favor of the other party in the amount of prepaid expenses associated with an upcoming planned visitation.

(e) Proof of an unwarranted denial of or interference with duly established visitation may constitute contempt of court and may be sufficient cause for reversal of custody.

Sec. 4. Minnesota Statutes 1996, section 518.1751, is amended to read:

518.1751 [VISITATION DISPUTE RESOLUTION.]

Subd. 1a. [EXCEPTIONS.] A party may not be required to refer a visitation dispute to a visitation expeditor under this section if:

(1) one of the parties claims to be the victim of domestic abuse by the other party;

(2) the court determines there is probable cause that one of the parties or a child of the parties has been physically abused or threatened with physical abuse by the other party; or

(3) the party is unable to pay the costs of the expeditor, as provided under subdivision 2a.

If the court is satisfied that the parties have been advised by counsel and have agreed to use the visitation expeditor process and the process does not involve face-to-face meeting of the parties, the court may direct that the visitation expeditor process be used.

Subd. 1b. [PURPOSE; DEFINITIONS.] (a) The purpose of a visitation expeditor is to resolve visitation disputes by enforcing, interpreting, clarifying, and addressing circumstances not specifically addressed by an existing visitation order and, if appropriate, to make a determination as to whether the existing visitation order has been violated. A visitation expeditor may be appointed to resolve a one-time visitation dispute or to provide ongoing visitation dispute resolution services.

(b) For purposes of this section, "visitation dispute" means a disagreement among parties about visitation with a child, including a dispute about an anticipated denial of a future scheduled visit. "Visitation dispute" includes a claim by a custodial parent that a noncustodial parent is not visiting a child as well as a claim by a noncustodial parent that a custodial parent is denying or interfering with visitation.

(c) A "visitation expeditor" is a neutral person authorized to use a mediation-arbitration process to resolve visitation disputes. A visitation expeditor shall attempt to resolve a visitation dispute by facilitating negotiations between the parties to promote settlement and, if it becomes apparent that the dispute cannot be resolved by an agreement of the parties, the visitation expeditor shall make a decision resolving the dispute.

Subd. 2. [APPOINTMENT; COSTS.] The court shall appoint the visitation expeditor and indicate the term of the appointment. If the parties cannot agree on a visitation expeditor, the court shall present a list of candidates with one more candidate than there are parties to the dispute. In developing the list of candidates, the court must give preference (a) The parties may stipulate to the appointment of a visitation expeditor or a team of two expeditors without appearing in court by submitting to the court a written agreement identifying the names of the individuals to be appointed by the court; the nature of the dispute; the responsibilities of the visitation expeditor, including whether the expeditor is appointed to resolve a specific issue or on an ongoing basis; the term of the appointment; and the apportionment of fees and costs. The court shall review the agreement of the parties.

(c) An order appointing a visitation expeditor shall identify the name of the individual to be appointed, the nature of the dispute, the responsibilities of the visitation expeditor including whether the expeditor is appointed to resolve a specific issue or on an ongoing basis, the term of the appointment, the apportionment of fees, and notice that if the parties are unable to reach an agreement with the assistance of the visitation expeditor, the visitation expeditor is authorized to make a decision resolving the dispute which is binding upon the parties unless modified or vacated by the court.

Subd. 2a. [FEES.] Prior to appointing the visitation expeditor, the court shall give the parties notice that the fees of the visitation expeditor will be apportioned among the parties. In its order appointing the visitation expeditor, the court shall apportion the fees of the visitation expeditor among the parties, with each party bearing the portion of fees that the court determines is just and equitable under the circumstances. If a party files a pro se motion regarding a visitation dispute and there is not a court order that provides for apportionment of the fees of an expeditor, the court administrator may require the party requesting the appointment of an expeditor to pay the fees of the expeditor in advance. Neither party may be required to submit a dispute to a visitation expeditor if the party cannot afford to pay for the fees of an expeditor and an affordable expeditor is not available, unless the other party agrees to pay the fees. After fees are incurred, a party may by motion request that the fees be reapportioned on equitable grounds. The court may consider the resources of the parties, the nature of the dispute, and whether a party acted in bad faith. The court may consider information from the expeditor in determining bad faith.

Subd. 2b. [ROSTER OF VISITATION EXPEDITORS.] Each court administrator shall maintain and make available to the public and judicial officers a roster of individuals available to serve as visitation expeditors, including each individual's name, address, telephone number, and fee charged, if any. A court administrator shall not place on the roster the name of an individual who has not completed the training required in subdivision 2c. If the use of a visitation expeditor is initiated by stipulation of the parties, the parties may agree upon a person to serve as a visitation expeditor even if that person has not completed the training described in subdivision 2c. The court may appoint a person to serve as a visitation expeditor even if the person is not on the court administrator's roster, but may not appoint a person who has not completed the training described in subdivision 2c, unless so stipulated by the parties. To maintain one's listing on a court administrator's roster of visitation expeditors, an individual shall annually submit to the court administrator proof of completion of continuing education requirements.

Subd. 2c. [TRAINING AND CONTINUING EDUCATION REQUIREMENTS.] To qualify for listing on a court administrator's roster of visitation expeditors, an individual shall complete a minimum of 40 hours of family mediation training that has been certified by the Minnesota supreme court, which must include certified training in domestic abuse issues as required under Rule 114 of the Minnesota General Rules of Practice for the District Courts. To maintain one's listing on a court administrator's roster of visitation expeditors, an individual shall annually attend three hours of continuing education about alternative dispute resolution subjects.

Subd. 3. [AGREEMENT OR DECISION.] (a) If a visitation dispute arises Within five days of notice of the appointment, or within five days of notice of a subsequent visitation dispute between the same parties, the visitation expeditor shall meet with the parties together or separately within five days and shall make a diligent effort to facilitate an agreement to resolve the visitation dispute. If a visitation dispute requires immediate resolution, the visitation expeditor may confer with the parties through a telephone conference or similar means. An expeditor may make a decision without conferring with a party if the expeditor made a good faith effort to confer with the party, but the party chose not to participate in resolution of the dispute.

(b) If the parties do not reach an agreement, the expeditor shall make a decision resolving the dispute as soon as possible but not later than five days after receiving all information necessary to make a decision and after the final meeting or conference with the parties. Resolution of a dispute may include The visitation expeditor is authorized to award compensatory visitation under section 518.175, subdivision 6., and may recommend to the court that the noncomplying party pay attorney's fees, court costs, and other costs under section 518.175, subdivision 6, paragraph (d), if the visitation order has been violated. The visitation expeditor shall not lose authority to make a decision if circumstances beyond the visitation expeditor's control make it impracticable to meet the five-day timelines.

(d) The expeditor shall put an agreement or decision in writing, and provide a copy to the parties, and file a copy with the court. The visitation expeditor may include or omit reasons for the agreement or decision. An agreement of the parties or a decision of the visitation expeditor is binding on the parties unless vacated or modified by the court. If a party does not comply with an agreement of the parties or a decision of the expeditor, any party may bring a motion with the court to resolve the dispute and shall attach a copy of the parties' written agreement or decision of the expeditor. The court may consider enforce, modify, or vacate the agreement of the parties or the decision of the expeditor, but neither is binding on the court.

Subd. 4. [OTHER AGREEMENTS.] This section does not preclude the parties from voluntarily agreeing to submit their visitation dispute to a neutral third party or from otherwise resolving visitation disputes on a voluntary basis.

Subd. 4a. [CONFIDENTIALITY.] (a) Statements made and documents produced as part of the visitation expeditor process which are not otherwise discoverable are not subject to discovery or other disclosure and are not admissible into evidence for any purpose at trial or in any other proceeding, including impeachment.

(b) Sworn testimony may be used in subsequent proceedings for any purpose for which it is admissible under the rules of evidence. Visitation expeditors, and lawyers for the parties to the extent of their participation in the visitation expeditor process, must not be subpoenaed or called as witnesses in court proceedings.

(c) Notes, records, and recollections of visitation expeditors are confidential and must not be disclosed to the parties, the public, or anyone other than the visitation expeditor unless:

(1) all parties and the visitation expeditor agree in writing to the disclosure; or

(2) disclosure is required by law or other applicable professional codes.

Notes and records of visitation expeditors must not be disclosed to the court unless after a hearing the court determines that the notes or records should be reviewed in camera. Those notes or records must not be released by the court unless it determines that they disclose information showing illegal violation of the criminal law of the state.

Subd. 5. [IMMUNITY.] A visitation expeditor is immune from civil liability for actions taken or not taken when acting under this section.

Subd. 5a. [REMOVAL.] If a visitation expeditor has been appointed on a long-term basis, a party or the visitation expeditor may file a motion seeking to have the expeditor removed for good cause shown.

Subd. 6. [MANDATORY VISITATION DISPUTE RESOLUTION.] (a) Subject to subdivision 7 1a, a judicial district may establish a mandatory visitation dispute resolution program as provided in this subdivision. In a district where a program has been established, parties may be required to submit visitation disputes to a visitation expeditor as a prerequisite to a motion on the dispute being heard by the court, or either party may submit the dispute to a visitation expeditor. A party may file a motion with the court for purposes of obtaining a court date, if necessary, but a hearing may not be held until resolution of the dispute with the visitation expeditor. The appointment of a visitation expeditor must be in accordance with subdivision 2. Visitation expeditor fees must be paid in accordance with subdivision 2a.

(b) If a visitation expeditor has not been previously appointed for the parties under subdivision 1 and the parties cannot agree on a visitation expeditor, the court or court administrator shall appoint a visitation expeditor from a list of candidates established by the judicial district, giving preference to candidates who agree to volunteer their services or charge a variable fee based on the ability of the parties to pay.

(c) Notwithstanding subdivision 1, an agreement of the parties or decision of the visitation expeditor under this subdivision is binding on the parties unless vacated or modified by the court. The expeditor shall put the agreement or decision in writing, provide a copy to the parties, and file a copy with the court. The court may consider the agreement of the parties or the decision of the expeditor, but neither is binding on the court.

Subd. 7. [EXCEPTIONS.] A party may not be required to refer a visitation dispute to a visitation expeditor under this section if:

(1) the party has obtained an order for protection under chapter 518B against the other party; or

Sec. 5. Minnesota Statutes 1996, section 518.179, subdivision 1, is amended to read:

Subdivision 1. [SEEKING CUSTODY OR VISITATION.] Notwithstanding any contrary provision in section 518.17 or 518.175, if a person seeking child custody or visitation has been convicted of a crime described in subdivision 2, the person seeking custody or visitation has the burden to prove that custody or visitation by that person is in the best interests of the child if:

(1) the conviction occurred within the preceding five years;

(2) the person is currently incarcerated, on probation, or under supervised release for the offense; or

(3) the victim of the crime was a family or household member as defined in section 518B.01, subdivision 2.

If this section applies, the court may not grant custody or visitation to the person unless it finds that the custody or visitation is in the best interests of the child. If the victim of the crime was a family or household member, the standard of proof is clear and convincing evidence. A guardian ad litem must be appointed in any case where this section applies.

Sec. 6. Minnesota Statutes 1996, section 518.68, subdivision 2, is amended to read:

Subd. 2. [CONTENTS.] The required notices must be substantially as follows:

1. PAYMENTS TO PUBLIC AGENCY

Pursuant to Minnesota Statutes, section 518.551, subdivision 1, payments ordered for maintenance and support must be paid to the public agency responsible for child support enforcement as long as the person entitled to receive the payments is receiving or has applied for public assistance or has applied for support and maintenance collection services. MAIL PAYMENTS TO:

2. DEPRIVING ANOTHER OF CUSTODIAL OR PARENTAL RIGHTS -- A FELONY

A person may be charged with a felony who conceals a minor child or takes, obtains, retains, or fails to return a minor child from or to the child's parent (or person with custodial or visitation rights), pursuant to Minnesota Statutes, section 609.26. A copy of that section is available from any district court clerk.

3. RULES OF SUPPORT, MAINTENANCE, VISITATION

(a) Payment of support or spousal maintenance is to be as ordered, and the giving of gifts or making purchases of food, clothing, and the like will not fulfill the obligation.

(b) Payment of support must be made as it becomes due, and failure to secure or denial of rights of visitation is NOT an excuse for nonpayment, but the aggrieved party must seek relief through a proper motion filed with the court.

(c) Nonpayment of support is not grounds to deny visitation. The party entitled to receive support may apply for support and collection services, file a contempt motion, or obtain a judgment as provided in Minnesota Statutes, section 548.091.

(d) The payment of support or spousal maintenance takes priority over payment of debts and other obligations.

(e) A party who accepts additional obligations of support does so with the full knowledge of the party's prior obligation under this proceeding.

(g) If there is a layoff or a pay reduction, support may be reduced as of the time of the layoff or pay reduction if a motion to reduce the support is served and filed with the court at that time, but any such reduction must be ordered by the court. The court is not permitted to reduce support retroactively, except as provided in Minnesota Statutes, section 518.64, subdivision 2, paragraph (c).

(h) Reasonable visitation guidelines are contained in Appendix B, which is available from the court administrator.

4. PARENTAL RIGHTS FROM MINNESOTA STATUTES, SECTION 518.17, SUBDIVISION 3

Unless otherwise provided by the Court:

(a) Each party has the right of access to, and to receive copies of, school, medical, dental, religious training, and other important records and information about the minor children. Each party has the right of access to information regarding health or dental insurance available to the minor children. Presentation of a copy of this order to the custodian of a record or other information about the minor children constitutes sufficient authorization for the release of the record or information to the requesting party.

(b) Each party shall keep the other informed as to the name and address of the school of attendance of the minor children. Each party has the right to be informed by school officials about the children's welfare, educational progress and status, and to attend school and parent teacher conferences. The school is not required to hold a separate conference for each party.

(c) In case of an accident or serious illness of a minor child, each party shall notify the other party of the accident or illness, and the name of the health care provider and the place of treatment.

(d) Each party has the right of reasonable access and telephone contact with the minor children.

5. WAGE AND INCOME DEDUCTION OF SUPPORT AND MAINTENANCE

Child support and/or spousal maintenance may be withheld from income, with or without notice to the person obligated to pay, when the conditions of Minnesota Statutes, sections 518.611 and 518.613, have been met. A copy of those sections is available from any district court clerk.

6. CHANGE OF ADDRESS OR RESIDENCE

Unless otherwise ordered, the person responsible to make support or maintenance payments shall notify the person entitled to receive the payment and the public authority responsible for collection, if applicable, of a change of address or residence within 60 days of the address or residence change.

7. COST OF LIVING INCREASE OF SUPPORT AND MAINTENANCE

Child support and/or spousal maintenance may be adjusted every two years based upon a change in the cost of living (using Department of Labor Consumer Price Index . . . . . . . . . ., unless otherwise specified in this order) when the conditions of Minnesota Statutes, section 518.641, are met. Cost of living increases are compounded. A copy of Minnesota Statutes, section 518.641, and forms necessary to request or contest a cost of living increase are available from any district court clerk.

8. JUDGMENTS FOR UNPAID SUPPORT

9. JUDGMENTS FOR UNPAID MAINTENANCE

A judgment for unpaid spousal maintenance may be entered when the conditions of Minnesota Statutes, section 548.091, are met. A copy of that section is available from any district court clerk.

10. ATTORNEY FEES AND COLLECTION COSTS FOR ENFORCEMENT OF CHILD SUPPORT

A judgment for attorney fees and other collection costs incurred in enforcing a child support order will be entered against the person responsible to pay support when the conditions of section 518.14, subdivision 2, are met. A copy of section 518.14 and forms necessary to request or contest these attorney fees and collection costs are available from any district court clerk.

11. VISITATION EXPEDITOR PROCESS

On request of either party or on its own motion, the court may appoint a visitation expeditor to resolve visitation disputes under Minnesota Statutes, section 518.1751. A copy of that section and a description of the expeditor process is available from any district court clerk.

12. VISITATION REMEDIES AND PENALTIES

Remedies and penalties for the wrongful denial of visitation rights are available under Minnesota Statutes, section 518.175, subdivision 6. These include compensatory visitation; civil penalties; bond requirements; contempt; and reversal of custody. A copy of that subdivision and forms for requesting relief are available from any district court clerk.

Sec. 7. Minnesota Statutes 1996, section 626.556, subdivision 2, is amended to read:

Subd. 2. [DEFINITIONS.] As used in this section, the following terms have the meanings given them unless the specific content indicates otherwise:

(a) "Sexual abuse" means the subjection of a child by a person responsible for the child's care, by a person who has a significant relationship to the child, as defined in section 609.341, or by a person in a position of authority, as defined in section 609.341, subdivision 10, to any act which constitutes a violation of section 609.342, 609.343, 609.344, or 609.345. Sexual abuse also includes any act which involves a minor which constitutes a violation of sections 609.321 to 609.324 or 617.246. Sexual abuse includes threatened sexual abuse.

(b) "Person responsible for the child's care" means (1) an individual functioning within the family unit and having responsibilities for the care of the child such as a parent, guardian, or other person having similar care responsibilities, or (2) an individual functioning outside the family unit and having responsibilities for the care of the child such as a teacher, school administrator, or other lawful custodian of a child having either full-time or short-term care responsibilities including, but not limited to, day care, babysitting whether paid or unpaid, counseling, teaching, and coaching.

(d) "Physical abuse" means any physical or mental injury, or threatened injury, inflicted by a person responsible for the child's care on a child other than by accidental means, or any physical or mental injury that cannot reasonably be explained by the child's history of injuries, or any aversive and deprivation procedures that have not been authorized under section 245.825.

(e) "Report" means any report received by the local welfare agency, police department, or county sheriff pursuant to this section.

(f) "Facility" means a day care facility, residential facility, agency, hospital, sanitarium, or other facility or institution required to be licensed pursuant to sections 144.50 to 144.58, 241.021, or 245A.01 to 245A.16.

(g) "Operator" means an operator or agency as defined in section 245A.02.

(h) "Commissioner" means the commissioner of human services.

(i) "Assessment" includes authority to interview the child, the person or persons responsible for the child's care, the alleged perpetrator, and any other person with knowledge of the abuse or neglect for the purpose of gathering the facts, assessing the risk to the child, and formulating a plan.

(j) "Practice of social services," for the purposes of subdivision 3, includes but is not limited to employee assistance counseling and the provision of guardian ad litem and visitation expeditor services.

(k) "Mental injury" means an injury to the psychological capacity or emotional stability of a child as evidenced by an observable or substantial impairment in the child's ability to function within a normal range of performance and behavior with due regard to the child's culture.

(l) "Threatened injury" means a statement, overt act, condition, or status that represents a substantial risk of physical or sexual abuse or mental injury.

Sec. 8. [COOPERATION FOR THE CHILDREN PROGRAM.]

Subdivision 1. [ESTABLISHMENT; PILOT PROJECT.] By January 1, 1998, the state court administrator shall develop and implement a cooperation for the children program as a 24-month pilot project in at least two counties as an effort to promote parental relationships with children. The state court administrator may allow additional counties to participate in the pilot project if those counties provide their own funding or if other funding becomes available. The provisions of Minnesota Statutes, section 518.1751, subdivision 6, pertaining to mandatory visitation dispute resolution programs, do not apply to counties participating in the cooperation for the children program pilot project.

Subd. 2. [PARTICIPATION.] (a) Except as provided in this subdivision, in cases where visitation is the sole issue in conflict, the person seeking relief in regard to a visitation dispute must first seek assistance from the cooperation for the children program before filing with the court or serving upon the other party a motion requesting a court hearing.

(b) An individual who submits to the program proof that the person has used, or in good faith has attempted to use, the services of a visitation expeditor or mediator or other alternative dispute resolution process to resolve the visitation dispute may, upon request to the program, be exempted from mandatory participation in the cooperation for the children program and the person may seek assistance from the court by filing a motion requesting a hearing.

Subd. 3. [FEE.] Except as provided in this subdivision, a person who participates in the cooperation for the children program shall pay a fee to defray the cost of the program. A party who qualifies for waiver of filing fees under Minnesota Statutes, section 563.01, is exempt from paying the program fee and the court shall waive the fee or direct its payment under Minnesota Statutes, section 563.01. Program providers shall implement a sliding fee scale.

Subd. 4. [EVALUATION.] By December 15, 1999, the state court administrator shall submit to the legislature a report evaluating the cooperation for the children program pilot project based on at least 12 months of data from the project.

Sec. 9. [EVALUATION.]

By December 15, 1999, the state court administrator shall submit to the legislature a report evaluating the parent education program in Minnesota Statutes, section 518.157, based on at least 12 months of data from the program.

Sec. 10. [REPEALER.]

Minnesota Statutes 1996, section 256.996, is repealed.

Sec. 11. [APPROPRIATIONS.]

Subdivision 1. [PARENT EDUCATION PROGRAM.] $. . . . . . . is appropriated from the general fund to the district courts to develop and implement one or more parent education programs in each judicial district. $. . . . . . . is appropriated from the general fund to the state court administrator to evaluate the parent education program.

Subd. 2. [COOPERATION FOR THE CHILDREN PROGRAM.] $. . . . . . . is appropriated from the general fund to the state court administrator to implement and evaluate the cooperation for the children program pilot project.

Subd. 3. [DURATION.] The appropriations in this section are available until June 30, 1999.

Section 1. Minnesota Statutes 1996, section 517.01, is amended to read:

517.01 [MARRIAGE A CIVIL CONTRACT.]

Marriage, so far as its validity in law is concerned, is a civil contract between a man and a woman, to which the consent of the parties, capable in law of contracting, is essential. Lawful marriage may be contracted only between persons of the opposite sex and only when a license has been obtained as provided by law and when the marriage is contracted in the presence of two witnesses and solemnized by one authorized, or whom one or both of the parties in good faith believe to be authorized, so to do. Marriages subsequent to April 26, 1941, not so contracted shall be null and void.

Sec. 2. Minnesota Statutes 1996, section 517.03, is amended to read:

517.03 [PROHIBITED MARRIAGES.]

Subdivision 1. [GENERAL.] (a) The following marriages are prohibited:

(a) (1) a marriage entered into before the dissolution of an earlier marriage of one of the parties becomes final, as provided in section 518.145 or by the law of the jurisdiction where the dissolution was granted;

(b) (2) a marriage between an ancestor and a descendant, or between a brother and a sister, whether the relationship is by the half or the whole blood or by adoption;

(4) a marriage between persons of the same sex.

(b) A marriage entered into by persons of the same sex, either under common law or statute, that is recognized by another state or foreign jurisdiction is void in this state and contractual rights granted by virtue of the marriage or its termination are unenforceable in this state. A same-sex relationship may not be recognized by this state as being entitled to the benefits of marriage.

Subd. 2. [MENTALLY RETARDED PERSONS; CONSENT BY COMMISSIONER OF HUMAN SERVICES.] Mentally retarded persons committed to the guardianship of the commissioner of human services and mentally retarded persons committed to the conservatorship of the commissioner of human services in which the terms of the conservatorship limit the right to marry, may marry on receipt of written consent of the commissioner. The commissioner shall grant consent unless it appears from the commissioner's investigation that the marriage is not in the best interest of the ward or conservatee and the public. The court administrator of the district court in the county where the application for a license is made by the ward or conservatee shall not issue the license unless the court administrator has received a signed copy of the consent of the commissioner of human services.

Sec. 3. Minnesota Statutes 1996, section 517.08, subdivision 1a, is amended to read:

Subd. 1a. Application for a marriage license shall be made upon a form provided for the purpose and shall contain the following information:

(1) the full names of the parties, and the sex of each party;

(2) their post office addresses and county and state of residence,;

(3) their full ages,;

(4) if either party has previously been married, the party's married name, and the date, place and court in which the marriage was dissolved or annulled or the date and place of death of the former spouse,;

(5) if either party is a minor, the name and address of the minor's parents or guardian,;

(6) whether the parties are related to each other, and, if so, their relationship,;

(7) the name and date of birth of any child of which both parties are parents, born before the making of the application, unless their parental rights and the parent and child relationship with respect to the child have been terminated,;

(8) address of the bride and groom after the marriage to which the court administrator shall send a certified copy of the marriage certificate,; and

(9) the full names the parties will have after marriage.

Sec. 4. Minnesota Statutes 1996, section 517.20, is amended to read:

517.20 [APPLICATION.]

Except as provided in section 517.03, subdivision 1, paragraph (b), all marriages contracted within this state prior to March 1, 1979 or outside this state that were valid at the time of the contract or subsequently validated by the laws of the place in which they were contracted or by the domicile of the parties are valid in this state.

Sec. 5. Minnesota Statutes 1996, section 518.195, is amended to read:

518.195 [PILOT PROJECT SUMMARY DISSOLUTION PROCESS.]

Subdivision 1. [CRITERIA.] In the counties selected under subdivision 4, A couple desirous of dissolving their marriage may use the streamlined procedure in this section if:

(2) the wife is not pregnant;

(3) they have been married fewer than five eight years as of the date they file their joint declaration;

(4) neither party owns any real estate;

(5) there are no unpaid debts in excess of $5,000 $8,000 incurred by either or both of the parties during the marriage, excluding encumbrances on automobiles;

(6) the total fair market value of the marital assets does not exceed $25,000, including net equity on automobiles;

(7) neither party has nonmarital assets in excess of $25,000; and

(8) neither party has been a victim of domestic abuse by the other.

Subd. 2. [PROCEDURE.] A couple qualifying under all of the criteria in subdivision 1, may obtain a judgment and decree by:

(1) filing a sworn joint declaration, on which both of their signatures must be notarized, containing or appending the following information:

(i) the demographic data required in section 518.10;

(ii) verifying the qualifications set forth in subdivision 1;

(iii) listing each party's nonmarital property;

(iv) setting forth how the marital assets and debts will be apportioned;

(v) verifying both parties' income and preserving their rights to spousal maintenance; and

(vi) certifying that there has been no domestic abuse of one party by the other; and

(2) viewing any introductory and summary process educational videotapes, if then available from the court, and certifying that they watched any such tapes within the 30 days preceding the filing of the joint declaration.

The district court administrator shall enter a decree of dissolution 30 days after the filing of the joint declaration if the parties meet the statutory qualifications and have complied with the procedural requirements of this subdivision.

Subd. 3. [FORMS.] The state court administrator shall develop simplified forms and instructions for the summary process within 120 days of July 1, 1991. District court administrators shall make the forms for the summary process available upon request and shall accept joint declarations for filing 180 days after July 1, 1991 on and after July 1, 1997.

Subd. 4. [PILOT PROGRAM.] The state court administrator shall designate no more than five counties in at least three different judicial districts as pilot jurisdictions for testing the streamlined process. District court administrators shall make the forms for the summary process available upon request to appropriate residents of the pilot jurisdictions.

Sec. 6. Minnesota Statutes 1996, section 519.05, is amended to read:

519.05 [LIABILITY OF HUSBAND AND WIFE.]

(b) Either spouse may close a credit card account or other unsecured consumer line of credit on which both spouses are contractually liable, by giving written notice to the creditor.

Sec. 7. [EFFECTIVE DATE; APPLICATION.]

Sections 1, 2, and 4 are effective the day following final enactment. Section 3 is effective July 1, 1997. Section 2, subdivision 1, paragraph (b), and section 4 apply to all marriages entered into in other jurisdictions before, on, or after the effective date."

Delete the title and insert:

"A bill for an act relating to family law; child support, paternity, visitation, and marriage dissolution; classifying government data and providing access to data; modifying procedures in paternity determinations; providing for financial data matches; changing provisions for driver's license suspension, motor vehicle liens, payment agreements and child support judgments; providing the manner of publishing support obligors in arrears; providing a child support lien; requiring mandatory jail time for certain nonsupport offenders; making the summary dissolution process permanent; requiring studies; specifying penalties; appropriating money; amending Minnesota Statutes 1996, sections 13.46, subdivision 2; 13.99, by adding a subdivision; 144.223; 171.19; 256.87, subdivisions 1, 1a, 3, 5, and by adding a subdivision; 256.978, subdivisions 1 and 2; 256.979, subdivisions 5, 6, 7, 8, and by adding a subdivision; 256.9791, subdivision 1; 256.9792, subdivisions 1 and 2; 256.998, subdivisions 1, 6, 7, 9, and by adding subdivisions; 257.62, subdivisions 1 and 2; 257.66, subdivision 3, and by adding a subdivision; 257.70; 257.75, subdivisions 1a, 2, 3, 4, 5, and 7; 299C.46, subdivision 3; 508.63; 508A.63; 517.01; 517.03; 517.08, subdivision 1a; 517.20; 518.005, by adding a subdivision; 518.10; 518.148, subdivision 2; 518.157; 518.171, subdivisions 1 and 4; 518.175, subdivisions 1 and 6; 518.1751; 518.179, subdivision 1; 518.195; 518.54, subdivision 6, and by adding a subdivision; 518.551, subdivisions 5b, 7, 12, 13, 14, and by adding a subdivision; 518.5511, subdivisions 1, 2, 3, 4, and by adding a subdivision; 518.5512, subdivisions 2, 3, and by adding subdivisions; 518.553; 518.575; 518.616, by adding a subdivision; 518.64, subdivision 2; 518.641, subdivision 2; 518.68, subdivision 2; 518C.101; 518C.204; 518C.205; 518C.207; 518C.301; 518C.304; 518C.305; 518C.310; 518C.401; 518C.501; 518C.603; 518C.605; 518C.608; 518C.611; 518C.612; 518C.701; 519.05; 548.091, subdivisions 1a, 2a, 3a, and by adding subdivisions; 550.37, subdivision 24; 609.375, by adding a subdivision; and 626.556, subdivision 2; proposing coding for new law in Minnesota Statutes, chapters 13B; 256; 518; 518C; and 552; repealing Minnesota Statutes 1996, sections 256.74; 256.979, subdivision 9; 256.996; 518.5511, subdivisions 5, 6, 7, 8, and 9; 518.611; 518.613; 518.645; 518C.502; 518C.9011; and 609.375, subdivisions 3, 4, and 6."

With the recommendation that when so amended the bill pass and be re-referred to the Committee on Health and Human Services.

The report was adopted.

Skoglund from the Committee on Judiciary to which was referred:

H. F. No. 932, A bill for an act relating to public nuisances; adding to the definition of nuisance and the list of acts constituting a public nuisance; amending Minnesota Statutes 1996, sections 617.81, subdivision 2; and 617.88.

Reported the same back with the following amendments:

Page 2, lines 6 and 33, after "violation" insert "by a commercial enterprise"

Page 3, line 15, delete "crimes committed" and insert "behavioral incidents occurring"

With the recommendation that when so amended the bill pass.

Kahn from the Committee on Governmental Operations to which was referred:

H. F. No. 948, A bill for an act relating to the environment; requiring disclosure of the amount of mercury emitted in the generation of electricity; proposing coding for new law in Minnesota Statutes, chapter 116.

Reported the same back with the following amendments:

Delete everything after the enacting clause and insert:

"Section 1. [TITLE.]

Section 2 may be referred to as the Mercury Emissions Consumer Information Act of 1997.

Sec. 2. [116.925] [ELECTRIC ENERGY; MERCURY EMISSIONS REPORT.]

Subdivision 1. [REPORT.] To address the shared responsibility between the providers and consumers of electricity for the protection of Minnesota's lakes, each person that generates electricity for sale at retail or at wholesale in the state, or that generates electricity for that person's own use in the state, shall provide the commissioner an annual report of the amount of mercury emitted in generating that electricity at that person's facilities.

Subd. 2. [TERMS AND CONDITIONS.] (a) The report referenced in subdivision 1 must be made to the commissioner annually. This report must include:

(1) a list of all generation sources owned or operated by the person which are subject to subdivision 1;

(2) information for each facility owned or operated by the person which is subject to subdivision 1, stating the amount of electricity generated at the facility for sale at retail or wholesale in the state; and the total amount of mercury emitted from that facility in the previous calendar year or the average mercury concentration in each fuel used at that facility; and

(3) information regarding the amount of electricity purchased by the person for use in the state.

(b) The report, as well as the calculation of mercury emissions, shall be made under terms and conditions established by the commissioner. As part of these terms and conditions, the commissioner may establish a de minimis standard for the report required under this section. Persons subject to this section who are under the de minimis standard may be subject to reduced or no reporting requirements. The establishment of the terms and conditions for the report is subject to chapter 14.

Subd. 3. [REPORT TO CONSUMERS.] By September 30, 1998, and biennially thereafter in the report on air toxics required under section 115D.15, the commissioner shall report the amount of mercury emitted in the generation of electricity, based on the information in the reports under this section.

Subd. 4. [GOOD NEIGHBORS, CLEAN LAKES; VOLUNTARY DISCLOSURE.] (a) A person that sells electricity at retail or at wholesale in the state, or that generates electricity for that person's own use in the state, may represent that the person is a member of the state of Minnesota's "Good Neighbors, Clean Lakes" program in the person's advertising, marketing, and other communications to customers if:

(1) by January 1, 1998, the person voluntarily provides the commissioner with the information described in subdivision 2, paragraph (a); or

(2) after the adoption of the terms and conditions for required reports under this section, the person demonstrates a five percent reduction in mercury emissions.

Sec. 3. [116.926] [ASSESSMENT FOR RULEMAKING AND ADMINISTRATION.]

The commissioner of the pollution control agency shall periodically certify to the department of public service the costs the agency has incurred in developing and adopting the rules required under section 116.925, subdivision 2, paragraph (b), and in administering the "Good Neighbors, Clean Lakes" program described in section 116.925, subdivision 4. The department shall assess against electric utilities, as defined in section 216B.38, subdivision 5, the amount certified to the department by the commissioner under this section. These assessments shall be in addition to assessments made under Minnesota Statutes 1996, section 216B.62. Amounts assessed under this section are appropriated to the commissioner of the pollution control agency and are available until expended.

Sec. 4. [INITIAL REPORT.]

The commissioner shall issue the terms and conditions for the required disclosure under section 2, subdivision 2, by July 1, 1998. Persons subject to section 2 shall make the initial report and all subsequent reports in accordance with those terms and conditions.

Sec. 5. [EFFECTIVE DATE.]

Sections 1 to 4 are effective on the day following final enactment."

Amend the title as follows:

Page 1, line 4, after the semicolon, insert "appropriating money;"

With the recommendation that when so amended the bill pass and be re-referred to the Committee on Regulated Industries and Energy.

The report was adopted.

Rest from the Committee on Local Government and Metropolitan Affairs to which was referred:

H. F. No. 971, A bill for an act relating to Hennepin county; allowing use of certain county facilities for commercial wireless service providers and allowing the lease of sites for public safety communication equipment; amending Minnesota Statutes 1996, section 383B.255, subdivision 1, and by adding a subdivision.

Reported the same back with the recommendation that the bill pass.

The report was adopted.

Anderson, I., from the Committee on Financial Institutions and Insurance to which was referred:

H. F. No. 992, A bill for an act relating to the town of Thomson; authorizing the establishment of a detached facility.

Reported the same back with the following amendments:

Page 1, line 7, delete "ten" and insert "20"

With the recommendation that when so amended the bill pass.

Anderson, I., from the Committee on Financial Institutions and Insurance to which was referred:

H. F. No. 1001, A bill for an act relating to insurance; regulating exclusive agencies; increasing civil penalties for violation of agent rights; prohibiting enforcement of certain agreements against terminated agents; requiring notice to policy owners prior to transfer of an agent's book of business; amending Minnesota Statutes 1996, sections 45.027, subdivision 6; 60A.172; and 72A.502, by adding a subdivision.

Reported the same back with the following amendments:

Delete everything after the enacting clause and insert:

"Section 1. Minnesota Statutes 1996, section 45.027, subdivision 6, is amended to read:

Subd. 6. [VIOLATIONS AND PENALTIES.] (a) The commissioner may impose a civil penalty not to exceed $2,000 per violation upon a person who violates any law, rule, or order related to the duties and responsibilities entrusted to the commissioner unless a different penalty is specified.

(b) The commissioner may impose a civil penalty not to exceed $25,000 per violation upon an insurance company that violates any law, rule, or order related to the right of an insurance agent.

Sec. 2. Minnesota Statutes 1996, section 60A.172, is amended to read:

60A.172 [INSURANCE AGENCY CONTRACTS; CANCELLATION.]

Subdivision 1. [CANCELLATION.] (a) An insurer may not cancel a written agreement with an agent or reduce or restrict an agent's underwriting authority with respect to property or casualty insurance, based solely on the loss ratio experience on that agent's book of business, if: the insurer required the agent to submit the application for underwriting approval, all material information on the application was fully completed, and the agent has not omitted or altered any information provided by the applicant.

(b) For purposes of this section, "loss ratio experience" means the ratio of claims paid divided by the premiums paid.

(c) This section applies only to agents who write 80 percent or more of their gross annual insurance business for one company or any or all of its subsidiaries, and are not in the direct employ of the company.

Subd. 2. [NONCOMPETE AGREEMENTS.] (a) A company is prohibited from enforcing against an agent an agreement that restricts communication with or sale of insurance to customers of the agent upon termination of an agency by the insurance company, unless the agreement also permits the agent the option of choosing, at the time of termination, to be free of any noncompete restriction in exchange for agreeing to forgo the compensation to the agent provided for in the agreement, if any. This paragraph applies to agency agreements entered into on or after the effective date of this act.

(b) This paragraph applies to agency agreements entered into prior to the effective date of this act, which are, on or after that date, modified or amended, or under which the insurer sponsors an agent for license renewal. For agency agreements to which this paragraph applies, the insurer may enforce an agreement described in paragraph (a), except that the agent must be given the option of choosing, at the time of termination, to reduce the noncompete period to 30 days from the date of termination in exchange for agreeing to forgo the compensation to the agent provided for in the agreement, if any.

(c) For purposes of this subdivision, "termination" includes an actual or constructive termination.

(d) This subdivision does not apply when the agent is terminated for insolvency, abandonment, gross and willful misconduct, or failure to pay over to the company money due to the company after receipt by the agent of a written demand for payment, or after revocation of the agent's license by the commissioner.

Sec. 3. [EFFECTIVE DATE.]

Amend the title as follows:

Page 1, line 5, delete everything after the semicolon

Page 1, delete line 6

Page 1, line 7, delete "business;"

Page 1, line 8, after the first semicolon, insert "and" and delete "; and 72A.502, by adding"

Page 1, line 9, delete everything before the period

With the recommendation that when so amended the bill pass.

The report was adopted.

Dorn from the Committee on Health and Human Services to which was referred:

H. F. No. 1057, A bill for an act relating to human services; repealing the Medicare certification requirement in the Medicare maximization program for certain providers; repealing Minnesota Statutes 1996, section 256B.071, subdivision 4.

Reported the same back with the recommendation that the bill pass.

The report was adopted.

Rest from the Committee on Local Government and Metropolitan Affairs to which was referred:

H. F. No. 1138, A bill for an act relating to emergency snow removal; providing for private assistance and assumption of liability associated with the assistance; amending Minnesota Statutes 1996, section 160.21, subdivision 4.

Reported the same back with the recommendation that the bill pass.

The report was adopted.

Jennings from the Committee on Regulated Industries and Energy to which was referred:

H. F. No. 1171, A bill for an act relating to telecommunications; modifying telecommunications, telephone, and cable system regulations; eliminating rate of return regulation for local exchange carriers; providing civil penalties; proposing coding for new law as Minnesota Statutes, chapter 238A; repealing Minnesota Statutes 1996, chapters 237; and 238.

Reported the same back with the following amendments:

Delete everything after the enacting clause and insert:

"Section 1. Minnesota Statutes 1996, section 237.17, is amended to read:

237.17 [EXTENSION OF LONG-DISTANCE LINES.]

(b) For purposes of regulating the provision of long-distance telecommunications services in the state of Minnesota, the legislature finds that intraLATA and interLATA toll dialing parity have been generally implemented in this state, and that the provision of intrastate and interstate toll dialing parity is procompetitive and is in the public interest. The commission shall modify local access and transport area (LATA) boundaries so as to treat and regard Minnesota as a state that consists of a single LATA as that term is defined in Code of Federal Regulations, title 51, section 51.5."

Delete the title and insert:

"A bill for an act relating to telecommunications; providing for single statewide local access and transport area (LATA) for telephone and other telecommunications services; amending Minnesota Statutes 1996, section 237.17."

With the recommendation that when so amended the bill pass.

The report was adopted.

Jaros from the Committee on Economic Development and International Trade to which was referred:

H. F. No. 1192, A bill for an act relating to economic development; placing a moratorium on grants, loans, tax increment financing, tax waivers, and deductions; proposing coding for new law in Minnesota Statutes, chapter 116J.

Reported the same back with the following amendments:

Delete everything after the enacting clause and insert:

"Section 1. Minnesota Statutes 1996, section 116J.991, is amended to read:

116J.991 [PUBLIC ASSISTANCE TO BUSINESS; WAGE AND JOB REQUIREMENTS.]

A business that receives state or local government assistance for economic development or job growth purposes must create a net increase in jobs in Minnesota within two years of receiving the assistance.

The government agency providing the assistance must establish wage level and job creation goals to be met by the business receiving the assistance. A business that fails to meet the goals must repay the assistance to the government agency.

Each government agency must report the wage and job goals and the results for each project in achieving those goals to the department of trade and economic development by March 1 of each year. The department shall publish the names of each government agency that fails to report and notify in writing the legislators representing the districts containing those government agencies by April 1. All aid under section 273.1398 and chapter 477A will be withheld from each government agency failing to report beginning on May 1 until the report is filed. The department shall compile and publish the results of the reports for the previous calendar year by June 1 of each year. The reports of the agencies to the department and the compilation report of the department shall be made available to the public in printed form and electronically.

For the purpose of this section, "assistance" means a grant or loan in excess of $25,000 or tax increment financing."

Delete the title and insert:

"A bill for an act relating to economic development; adding reporting requirements and restricting aid to local units of government that do not report; amending Minnesota Statutes 1996, section 116J.991."

With the recommendation that when so amended the bill pass and be re-referred to the Committee on Taxes.

Anderson, I., from the Committee on Financial Institutions and Insurance to which was referred:

H. F. No. 1205, A bill for an act relating to health insurance; clarifying the coverage for Lyme disease; amending Minnesota Statutes 1996, section 62A.265, subdivision 1.

Reported the same back with the following amendments:

Page 1, line 11, reinstate the stricken language and delete "as diagnosed and"

With the recommendation that when so amended the bill pass.

The report was adopted.

Jennings from the Committee on Regulated Industries and Energy to which was referred:

H. F. No. 1298, A bill for an act relating to public utilities; authorizing electric utilities to charge an electric utility personal property tax replacement fee in lieu of including its ad valorem personal property taxes in the utility's electric rates; exempting certain personal property initially assessed after January 2, 1997; amending Minnesota Statutes 1996, sections 216B.16, subdivision 7; 272.02, subdivision 1; and 273.13, subdivision 31; proposing coding for new law in Minnesota Statutes, chapter 216B.

Reported the same back with the following amendments:

Delete everything after the enacting clause and insert:

"Section 1. [216B.169] [UTILITY PERSONAL PROPERTY TAX IDENTIFICATION PLAN.]

Subdivision 1. [DEFINITIONS.] For the purposes of this section, the following terms shall have the meanings given.

(a) "Utility" means a public utility.

(b) "Personal property" means all personal property located in Minnesota which is owned by a utility.

(c) "Personal property tax" means the amount of ad valorem taxes levied upon the utility's personal property.

(d) "Utility personal property tax identification plan" means a plan to separately identify on a customer's bill the amount of the utility's actual personal property tax obligation which has been allocated to that customer by the commission pursuant to the commission's authority and obligation to establish just and reasonable rates.

Subd. 2. [PETITION; ADOPTION.] (a) A utility may petition and file with the commission for its approval a utility personal property tax identification plan pursuant to this section.

(b) A petition may be filed and approved within a miscellaneous tariff filing pursuant to section 216B.16. Subject to subdivision 3, the commission may approve, reject, or modify the plan in a manner which meets the requirements of this section. An approved plan is effective unless:

(1) the plan is withdrawn by the utility within 30 days of a final appealable order approving the plan; or

(2) the commission, after notice and hearing, rescinds or amends its order approving the plan.

Subd. 3. [PLAN CONTENTS.] The commission shall approve a utility personal property tax identification plan upon finding that the plan:

(1) provides a mechanism to ensure that only the portion of the utility's actual personal property tax obligation that is currently allocated to and recoverable from an individual customer is separately identified on each bill of that customer;

(2) provides for continued commission authority over the periodic allocation of the utility's personal property tax to customer classes, and to energy, capacity, and customer charges, to prevent anticompetitive, unreasonable, or uneconomical effects on customers; and

(3) provides a mechanism for the commission to exercise the continued authority described in clause (2), to periodically review, and reallocate if necessary, the amount of utility personal property tax recoverable from individual customers, customer classes, and energy, capacity, and customer charges. This review shall occur at least annually.

Sec. 2. [REVIEW BY PUBLIC UTILITIES COMMISSION.]

The public utilities commission shall convene an advisory committee to discuss and review the implementation and impact of utility personal property tax identification plans, and shall report to the legislature by January 1, 1998, if the advisory committee recommends any legislative amendments to Minnesota Statutes, section 216B.169.

Sec. 3. [UTILITY TAXATION; LEGISLATIVE ELECTRIC ENERGY TASK FORCE.]

The legislative electric energy task force shall, by January 15, 1998, conduct an analysis of issues relating to the imposition of personal property tax on electric and gas utilities in the state and shall issue its findings and recommendations to the legislature by that date regarding:

(1) the negative effects the personal property tax has on the ability of Minnesota electric and gas utilities to compete in a less regulated energy industry;

(2) the negative impacts that eliminating the personal property tax on utilities would have on local government units that depend on the revenues from that tax; and

(3) alternatives the legislature can consider to address the issues that arise under clause (1) while minimizing the impacts described in clause (2).

The task force shall establish an interim subcommittee on utility taxation to address these issues, and the subcommittee shall work closely with officials from affected local government units in formulating recommendations to present to the full task force.

Sec. 4. [EFFECTIVE DATE.]

Sections 1 to 3 are effective the day following final enactment."

Delete the title and insert:

"A bill for an act relating to public utilities; providing for a utility personal property tax identification plan; providing for an analysis of certain utility personal property taxes; proposing coding for new law in Minnesota Statutes, chapter 216B."

With the recommendation that when so amended the bill pass and be re-referred to the Committee on Taxes.

Wenzel from the Committee on Agriculture to which was referred:

H. F. No. 1300, A bill for an act relating to gambling; requiring the state lottery to authorize and regulate the operation of video lottery terminals at a licensed racetrack with horse racing on which pari-mutuel betting is conducted; regulating the use of net terminal income; providing penalties; amending Minnesota Statutes 1996, section 297A.259; proposing coding for new law in Minnesota Statutes, chapter 349A.

Reported the same back with the recommendation that the bill be re-referred to the Committee on Regulated Industries and Energy without further recommendation.

The report was adopted.

Jaros from the Committee on Economic Development and International Trade to which was referred:

H. F. No. 1304, A bill for an act relating to landlords and tenants; requiring a pretenancy walk-through of residential rental property; requiring restitution for criminal damage to leased residential rental property by a tenant; amending Minnesota Statutes 1996, section 504.20, by adding a subdivision; proposing coding for new law in Minnesota Statutes, chapter 611A.

Reported the same back with the following amendments:

Delete everything after the enacting clause and insert:

"Section 1. Minnesota Statutes 1996, section 504.20, is amended by adding a subdivision to read:

Subd. 1a. [PRETENANCY AND POSTTENANCY WALK-THROUGH AND CHECKLIST.] (a) After entering into a residential rental agreement, whether oral or written, but before the tenant takes possession of the premises, the landlord or the landlord's agent and each tenant shall walk through the residential rental property and identify in writing all existing conditions that would be considered damage to the premises. The landlord or the landlord's agent and each tenant shall sign the list of conditions existing before the tenant takes possession and the landlord or the landlord's agent shall provide to each tenant a copy of the signed list. If there is more than one tenant identified in the rental agreement and not all tenants are able to be present for the pretenancy walk-through, any one of the tenants may assume responsibility for identifying damage, if any, in the pretenancy walk-through with the landlord or the landlord's agent.

(b) At the end of the tenancy, the landlord or the landlord's agent and each tenant shall walk through the residential rental property and identify in writing all damage to the premises that occurred after the tenant took possession. Damage to the premises that occurred after the tenant took possession shall be determined by comparing the conditions with those found and identified in writing from the pretenancy walk-through. If there is more than one tenant identified in the rental agreement and not all tenants are able to be present for the posttenancy walk-through, any one of the tenants may assume responsibility for identifying damage, if any, in the posttenancy walk-through with the landlord or the landlord's agent. If a tenant fails to participate in the posttenancy walk-through, and no other tenant has assumed responsibility for the walk-through, the landlord or the landlord's agent may contact the police and request a damage report.

(c) A landlord who violates this subdivision may not seek restitution under section 611A.0451.

Sec. 2. Minnesota Statutes 1996, section 504.20, is amended by adding a subdivision to read:

Subd. 1b. [CIVIL PENALTY.] A landlord that violates subdivision 1a shall be liable to the tenant for a $100 civil penalty.

Sec. 3. [611A.0451] [RESTITUTION; TENANT CRIMINAL DAMAGE TO PROPERTY.]

If a tenant or a tenant's guest is convicted of violating section 609.595 or an ordinance prohibiting damage to property and the violation involves leased residential rental property, the court, considering the request of the landlord, shall require the convicted offender to make restitution in one or more of the following ways:

(2) by being required to perform work for the owner of the leased residential rental property; or

(3) by being required to perform community service.

Sec. 4. [ATTORNEY GENERAL INSTRUCTION.]

The attorney general shall do outreach and education of landlords and tenants concerning the civil penalty in section 2.

Sec. 5. [EFFECTIVE DATE.]

Section 2 is effective August 1, 1998."

Amend the title as follows:

Page 1, line 3, after "pretenancy" insert "and posttenancy"

Page 1, line 4, after the semicolon, insert "imposing civil penalties;"

Page 1, line 7, delete "a subdivision" and insert "subdivisions"

With the recommendation that when so amended the bill pass and be re-referred to the Committee on Judiciary.

The report was adopted.

Rest from the Committee on Local Government and Metropolitan Affairs to which was referred:

H. F. No. 1313, A bill for an act relating to local government; authorizing town electors to require the removal of snow or ice from town roads in certain circumstances; proposing coding for new law in Minnesota Statutes, chapter 366.

Reported the same back with the recommendation that the bill pass.

The report was adopted.

Milbert from the Committee on General Legislation, Veterans Affairs and Elections to which was referred:

H. F. No. 1320, A bill for an act relating to veterans; appropriating money for the Red Tail Project to honor the Tuskeegee airmen.

Reported the same back with the recommendation that the bill pass and be re-referred to the Committee on Governmental Operations.

The report was adopted.

Tunheim from the Committee on Commerce, Tourism and Consumer Affairs to which was referred:

H. F. No. 1377, A bill for an act relating to economic development; appropriating money to fund certain projects of the University of Minnesota tourism center.

Reported the same back with the recommendation that the bill pass and be re-referred to the Committee on Economic Development and International Trade.

Rest from the Committee on Local Government and Metropolitan Affairs to which was referred:

H. F. No. 1396, A bill for an act relating to public safety; providing for emergency expenditures for pothole relief; appropriating money.

Reported the same back with the following amendments:

Delete everything after the enacting clause and insert:

"Section 1. [APPROPRIATION FOR POTHOLE RELIEF AFFECTING PUBLIC SAFETY.]

Subdivision 1. [POTHOLE RELIEF.] (a) A special pothole relief appropriation is authorized. Funding under this section must be coordinated insofar as possible, subject to immediate public safety concerns, with emergency federal funding, if any, for the same or similar purposes. Funds are available for the benefit of roads, streets, and highways under the jurisdiction of counties, towns, and statutory or home rule charter cities for filling potholes because other resources are depleted and because potholes damage vehicles, affect vehicle control, and threaten public safety.

(b) The commissioner of transportation shall distribute the money appropriated under section 2 according to need documented by the local unit of government and based on proportional vehicle miles traveled on each system, with the maximum percentage of the appropriation allowed for each system as follows:

(1) 59.9 percent for county highways;

(2) 34.2 percent for city streets; and

(3) 5.9 percent for town roads.

Subd. 2. [DISTRIBUTION OF FUNDS.] Within 30 days of the effective date of this act, the commissioner of transportation shall notify local governments of the availability of pothole relief funds and of the information that must be submitted to obtain funds. Within 30 days of receiving notice from the commissioner, local government units that wish to obtain pothole relief funds must apply to the commissioner for the funds. The commissioner may require documentation of costs reported by local governments.

Sec. 2. [APPROPRIATION.]

$20,000,000 in fiscal year 1997 is appropriated from the budget reserve in the general fund to the commissioner of public safety to be spent as provided in section 1, except that the commissioner may use necessary funds for administration of this program.

Sec. 3. [NO PRECEDENT SET.]

Funding by the state for costs that would otherwise be a local fiscal responsibility is not to be considered a precedent for any future state funding for pothole relief.

Sec. 4. [EFFECTIVE DATE.]

This act is effective the day following final enactment."

With the recommendation that when so amended the bill pass and be re-referred to the Committee on Transportation and Transit.

Wenzel from the Committee on Agriculture to which was referred:

H. F. No. 1409, A bill for an act relating to agriculture; legislative review of feedlot permit rules; amending Minnesota Statutes 1996, section 116.07, subdivision 7.

Reported the same back with the following amendments:

Page 3, line 14, after "adopted" insert "by the pollution control agency"

With the recommendation that when so amended the bill pass and be re-referred to the Committee on Governmental Operations.

The report was adopted.

Wenzel from the Committee on Agriculture to which was referred:

H. F. No. 1494, A bill for an act relating to agriculture; appropriating money for technical support grants to soil and water conservation districts.

Reported the same back with the recommendation that the bill pass and be re-referred to the Committee on Environment and Natural Resources Finance.

The report was adopted.

Tunheim from the Committee on Commerce, Tourism and Consumer Affairs to which was referred:

H. F. No. 1552, A bill for an act relating to professions; authorizing the attorney general to take action against unlicensed private detectives and protective agents; amending Minnesota Statutes 1996, section 326.339.

Reported the same back with the following amendments:

Delete everything after the enacting clause and insert:

"Section 1. Minnesota Statutes 1996, section 326.3387, is amended by adding a subdivision to read:

Subd. 1a. [CEASE AND DESIST ORDERS.] (a) If the board has a reasonable basis to believe that a person has engaged in an act or practice constituting the unauthorized practice of the business of private detective or protective agent or a violation of a statute, rule, or order that the board has issued or is empowered to enforce, the board may proceed as described in subdivision 3.

(b) Except as otherwise described in this subdivision, all hearings shall be conducted in accordance with chapter 14.

(c) The board may issue and have served upon a person an order requiring the person to cease and desist from the unauthorized practice of the business of private detective or protective agent, or violation of the statute, rule, or order. The order shall be calculated to give reasonable notice of the rights of the person to request a hearing and shall state the reasons for the entry of the order.

(e) Unless otherwise agreed by the board, and the person requesting the hearing, the hearing shall be held no later than 30 days after the request for the hearing is received by the board.

(f) The administrative law judge shall issue a report within 30 days of the close of the contested case hearing record, notwithstanding Minnesota Rules, part 1400.8100, subpart 3. Within 30 days after receiving the report and any exceptions to it, the board shall issue a further order vacating, modifying, or making permanent the cease and desist orders as the facts require.

(g) If no hearing is requested within 30 days of service of the order, the order becomes final and remains in effect until it is modified or vacated by the board.

(h) If the person to whom a cease and desist order is issued fails to appear at the hearing after being duly notified, the person is in default and the proceeding may be determined against that person upon consideration of the cease and desist order, the allegations of which may be considered to be true.

Sec. 2. Minnesota Statutes 1996, section 326.3387, is amended by adding a subdivision to read:

Subd. 3. [VIOLATIONS; ADMINISTRATIVE PENALTIES; COSTS OF PROCEEDING.] (a) The board may impose a civil penalty not to exceed $2,000 per violation upon a person who commits an act or practice constituting the unauthorized practice of the business of private detective or protective agent or violates a statute, rule, or order that the board has issued or is empowered to enforce.

(b) The board may, in addition, impose a fee to reimburse the board for all or part of the cost of the proceedings resulting in disciplinary action authorized by this section, the imposition of civil penalties, or the issuance of a cease and desist order. The fee may be imposed when the board shows that the position of the person who commits an act or practice constituting the unauthorized practice of the business of private detective or protective agent or violates a statute, rule, or order that the board has issued or is empowered to enforce is not substantially justified, unless special circumstances make an award unjust, notwithstanding the provisions of Minnesota Rules, part 1400.8401. The costs include, but are not limited to, the amount paid by the board for services from the office of administrative hearings, attorney fees, court reporters, witnesses, reproduction of records, board members' per diem compensation, board staff time, and expense incurred by board members and staff."

Delete the title and insert:

"A bill for an act relating to professions; authorizing cease and desist orders and civil penalties for the unauthorized practice of the business of private detective and protective agent; amending Minnesota Statutes 1996, section 326.3387, by adding subdivisions."

With the recommendation that when so amended the bill pass and be re-referred to the Committee on Judiciary.

The report was adopted.

Skoglund from the Committee on Judiciary to which was referred:

H. F. No. 1562, A bill for an act relating to data practices; classifying student evaluation data on instruction in the statewide university system as public; amending Minnesota Statutes 1996, section 13.43, by adding a subdivision.

Reported the same back with the following amendments:

Page 1, line 10, delete "(a) Summary statistics" and insert "Notwithstanding subdivision 4, summaries"

Page 1, line 12, delete "statewide university system" and insert "University of Minnesota"

Page 1, delete lines 14 to 17 and insert:

"Sec. 2. [EFFECTIVE DATE.]

Section 1 is effective February 1, 1998, and applies to data collected on or after that date."

Amend the title as follows:

Page 1, lines 3 and 4, delete "statewide university system" and insert "University of Minnesota"

With the recommendation that when so amended the bill pass and be re-referred to the Committee on Education.

The report was adopted.

Wenzel from the Committee on Agriculture to which was referred:

H. F. No. 1799, A bill for an act relating to the distribution of agricultural products; establishing a state-funded program to provide reimbursements to certain providers of meals and snacks for children in licensed family day care homes; appropriating money.

Reported the same back with the recommendation that the bill pass and be re-referred to the Committee on Education.

The report was adopted.

Wenzel from the Committee on Agriculture to which was referred:

H. F. No. 1809, A bill for an act relating to agriculture; establishing the Minnesota agriculture education leadership council; establishing agricultural education grant programs; creating the Minnesota center for agriculture education; appropriating money; proposing coding for new law as Minnesota Statutes, chapter 41D; repealing Minnesota Statutes 1996, section 126.113.

Reported the same back with the following amendments:

Page 1, line 16, after "development" insert "or the chair's designee"

Page 1, line 17, after "agriculture" insert "or the chair's designee"

Page 1, line 18, delete "a" and insert "the ranking minority caucus"

Page 1, line 19, delete "designated by the chair of the committee" and insert "or the member's designee"

Page 1, line 20, delete "a" and insert "the ranking minority caucus" and delete "designated"

Page 1, line 21, delete everything before the semicolon and insert "or the member's designee"

Page 1, line 23, delete "chairs" and insert "chair"

Page 2, line 8, after "Foundation" insert "designated by the leadership of the organization"

Page 2, line 9, delete "a representative of" and before the semicolon, insert "or the commissioner's designee"

Page 2, line 10, delete "two members representing" and insert "a representative of" and delete "and"

Page 2, line 11, delete "agriculture business"

Page 2, line 12, delete the second "and"

Page 2, line 13, delete "two members representing" and insert "a representative of agricultural business appointed by the ranking minority caucus member of the senate committee on agriculture and rural development;

(15) a representative of" and delete "and"

Page 2, line 14, delete "agriculture business"

Page 2, line 15, before the period, insert "; and

(16) a representative of agricultural business appointed by the ranking minority caucus member of the house committee on agriculture"

With the recommendation that when so amended the bill pass and be re-referred to the Committee on Education.

The report was adopted.

H. F. Nos. 136, 241, 427, 571, 614, 688, 708, 750, 798, 858, 889, 923, 932, 971, 992, 1001, 1057, 1138, 1171, 1205 and 1313 were read for the second time.

The following House Files were introduced:

Lieder and Olson, E., introduced:

H. F. No. 1889, A bill for an act relating to education; permitting independent school district No. 593, Crookston, to begin the 1997-1998 school year prior to Labor Day.

The bill was read for the first time and referred to the Committee on Education.

McElroy introduced:

H. F. No. 1890, A bill for an act relating to taxation; providing for homestead treatment to certain residents owning residential real estate and occupying it for only a part of the year; amending Minnesota Statutes 1996, section 273.124, subdivisions 1 and 13.

Smith introduced:

H. F. No. 1891, A bill for an act relating to retirement; providing a service credit purchase deadline extension for certain members of the teachers retirement association.

The bill was read for the first time and referred to the Committee on Governmental Operations.

Biernat, Rhodes, Carlson, Leighton and Dorn introduced:

H. F. No. 1892, A bill for an act relating to education; providing for state aid adjustment to the general education formula training and experience revenue component; appropriating money.

The bill was read for the first time and referred to the Committee on Education.

Dempsey, Greiling, Kelso and Mares introduced:

H. F. No. 1893, A bill for an act relating to education; appropriating money for abatement aid.

The bill was read for the first time and referred to the Committee on Education.

Tomassoni introduced:

H. F. No. 1894, A bill for an act relating to the city of Hibbing; authorizing the use of tax increments.

The bill was read for the first time and referred to the Committee on Local Government and Metropolitan Affairs.

Hilty, Murphy, Jefferson, Leighton and Koskinen introduced:

H. F. No. 1895, A bill for an act relating to workers' compensation; modifying rehabilitation program requirements; amending Minnesota Statutes 1996, section 176.102, subdivision 4.

The bill was read for the first time and referred to the Committee on Labor-Management Relations.

Greiling; Johnson, R.; McCollum; Leppik and Huntley introduced:

H. F. No. 1896, A bill for an act relating to health; establishing a registry of fathers of children born to unmarried minor mothers; establishing an adolescent pregnancy prevention plan; modifying provisions for family planning special project grants; repealing ENABL program; appropriating money; amending Minnesota Statutes 1996, section 145.925, subdivision 9; proposing coding for new law in Minnesota Statutes, chapters 144; and 145; repealing Minnesota Statutes 1996, section 145.9256.

The bill was read for the first time and referred to the Committee on Health and Human Services.

Hilty, Murphy, Solberg and Anderson, I., introduced:

H. F. No. 1897, A bill for an act relating to education; providing for a levy for independent school district No. 4, McGregor; appropriating money.

Tomassoni, Dorn, Osskopp, Nornes and Anderson, I., introduced:

H. F. No. 1898, A bill for an act relating to education; modifying the definition of general education revenue; creating a declining pupil enrollment aid; amending Minnesota Statutes 1996, section 124A.22, subdivision 1, and by adding a subdivision.

The bill was read for the first time and referred to the Committee on Education.

Kelso, Biernat, Seagren, Mares and Carlson introduced:

H. F. No. 1899, A bill for an act relating to education; modifying the payment of state aids to school districts; amending Minnesota Statutes 1996, sections 124.155, subdivision 1; and 124.195, subdivisions 2, 7, 10, and 11; repealing Minnesota Statutes 1996, section 121.904, subdivision 4d.

The bill was read for the first time and referred to the Committee on Education.

Bettermann introduced:

H. F. No. 1900, A bill for an act relating to firearms; permitting certain uses of machine guns and short-barreled shotguns that are relics, keepsakes, or collector's items; amending Minnesota Statutes 1996, section 609.67, subdivisions 3 and 4.

The bill was read for the first time and referred to the Committee on Judiciary.

Finseth introduced:

H. F. No. 1901, A bill for an act relating to natural resources; appropriating money to dredge the Red Lake and Thief rivers.

The bill was read for the first time and referred to the Committee on Environment and Natural Resources Finance.

Stanek, Skoglund, Mullery, Biernat and Murphy introduced:

H. F. No. 1902, A bill for an act relating to appropriations; appropriating money to the city of Minneapolis to be used by the Minneapolis police department for transporting and housing detainees.

The bill was read for the first time and referred to the Committee on Judiciary.

Goodno introduced:

H. F. No. 1903, A bill for an act relating to education; modifying the state council on vocational technical education; appropriating money; amending Minnesota Statutes 1996, section 136F.56, subdivisions 1, 2, 6, 7, and by adding a subdivision.

The bill was read for the first time and referred to the Committee on Education.

Goodno introduced:

H. F. No. 1904, A bill for an act proposing an amendment to the Minnesota Constitution to provide for a unicameral legislature; changing article IV; article V, sections 3 and 5; article VIII, section 1; article IX, sections 1 and 2; and article XI, section 5; providing by law for a unicameral legislature of 135 members; amending Minnesota Statutes 1996, sections 2.021; and 2.031, subdivision 1.

Ozment, Hausman, Tompkins and Johnson, A., introduced:

H. F. No. 1905, A bill for an act relating to commerce; authorizing an appeal to the United States Environmental Protection Agency to allow consumers increased access to nonoxygenated gasoline; amending Minnesota Statutes 1996, section 239.791, subdivision 1.

The bill was read for the first time and referred to the Committee on Commerce, Tourism and Consumer Affairs.

Peterson, Carruthers, Solberg and Dorn introduced:

H. F. No. 1906, A bill for an act relating to education; increasing the general education formula allowance; amending Minnesota Statutes 1996, section 124A.22, subdivision 2, as amended.

The bill was read for the first time and referred to the Committee on Education.

Milbert and Pugh introduced:

H. F. No. 1907, A bill for an act relating to education; appropriating money to the board of trustees of the Minnesota state colleges and universities to reimburse Inver Hills community college for costs of constructing a new entrance to the campus.

The bill was read for the first time and referred to the Committee on Education.

Finseth, Lieder and Daggett introduced:

H. F. No. 1908, A bill for an act relating to natural resources; restricting the production of planting stock by the commissioner of natural resources; requiring public disclosure of information relating to the commissioner's production of planting stock; amending Minnesota Statutes 1996, sections 89.35, subdivision 1; 89.36, subdivision 1, and by adding a subdivision; and 89.37, subdivisions 3, 3a, and by adding a subdivision.

The bill was read for the first time and referred to the Committee on Environment and Natural Resources.

Erhardt, Mahon, Paulsen and Garcia introduced:

H. F. No. 1909, A bill for an act relating to local government; permitting the cities of Bloomington, Chanhassen, Eden Prairie, Edina, and Richfield to issue general obligation bonds for a joint training facility.

The bill was read for the first time and referred to the Committee on Local Government and Metropolitan Affairs.

Greenfield, Mariani, Wejcman, Vickerman and Bishop introduced:

H. F. No. 1910, A bill for an act relating to health; establishing a minority health steering committee to promote data collection and analysis of minority health issues; establishing a grant program to fund minority health and wellness programs; permitting establishment of an advisory committee to oversee grant allocations; appropriating money; proposing coding for new law in Minnesota Statutes, chapter 144.

The bill was read for the first time and referred to the Committee on Health and Human Services.

Pelowski introduced:

H. F. No. 1911, A bill for an act relating to education; increasing the dollar amount of revenue bonds that the higher education facilities authority may issue; amending Minnesota Statutes 1996, section 136A.29, subdivision 9.

Hasskamp, Stang, Bakk, Erhardt and Commers introduced:

H. F. No. 1912, A bill for an act relating to taxation; providing a reduced class rate for certain property bordering public waters; amending Minnesota Statutes 1996, section 273.13, subdivision 23.

The bill was read for the first time and referred to the Committee on Taxes.

Greenfield introduced:

H. F. No. 1913, A bill for an act relating to the maltreatment of minors; establishing an advisory committee to review the current law and rules governing the operation of the child protection system; requiring a report.

The bill was read for the first time and referred to the Committee on Health and Human Services.

Biernat, Carlson and Wejcman introduced:

H. F. No. 1914, A bill for an act relating to education; holding Minneapolis school board elections at the same time as state elections; amending Minnesota Statutes 1996, section 128D.08, subdivision 1; repealing Minnesota Statutes 1996, section 128D.08, subdivision 2.

The bill was read for the first time and referred to the Committee on General Legislation, Veterans Affairs and Elections.

Paymar introduced:

H. F. No. 1915, A bill for an act relating to taxation; reducing the threshold for implementation of limited market value treatment; making the provision permanent; amending Minnesota Statutes 1996, section 273.11, subdivision 1a.

The bill was read for the first time and referred to the Committee on Taxes.

Entenza, Mariani and Dawkins introduced:

H. F. No. 1916, A bill for an act relating to education; appropriating money for a community-based school program in independent school district No. 625, St. Paul.

The bill was read for the first time and referred to the Committee on Education.

Clark introduced:

H. F. No. 1917, A bill for an act relating to housing; providing funding for the affordable rental investment fund program; appropriating money.

The bill was read for the first time and referred to the Committee on Economic Development and International Trade.

Clark, Mariani and Tomassoni introduced:

H. F. No. 1918, A bill for an act relating to corrections; creating an American Indian advisory committee to provide information to the commissioner of corrections regarding the cultural and spiritual needs of American Indians who are committed to the commissioner's custody; establishing the committee's membership and compensation; setting forth the committee's duties; appropriating money; proposing coding for new law in Minnesota Statutes, chapter 241.

Clark and Tomassoni introduced:

H. F. No. 1919, A bill for an act relating to economic development; providing economic development funding to assist welfare-to-work recipients; appropriating money.

The bill was read for the first time and referred to the Committee on Economic Development and International Trade.

Osskopp, Reuter, Gunther and Anderson, B., introduced:

H. F. No. 1920, A bill for an act relating to taxation; individual income; providing a nonrefundable personal and dependent credit for the 1996 tax year; amending Minnesota Statutes 1996, section 290.06, by adding a subdivision.

The bill was read for the first time and referred to the Committee on Taxes.

Jaros, Huntley and Munger introduced:

H. F. No. 1921, A bill for an act relating to health; adding adult restorative dental services to the covered services for the MinnesotaCare program; amending Minnesota Statutes 1996, section 256.9353, subdivision 1.

The bill was read for the first time and referred to the Committee on Health and Human Services.

Chaudhary introduced:

H. F. No. 1922, A bill for an act relating to tax increment financing; allowing the city of Columbia Heights to operate housing replacement districts; amending Laws 1995, chapter 264, article 5, sections 44, subdivision 4, as amended; and 45, subdivision 1, as amended.

The bill was read for the first time and referred to the Committee on Local Government and Metropolitan Affairs.

Sykora, Biernat, Koppendrayer, Carlson and Greiling introduced:

H. F. No. 1923, A bill for an act relating to education; establishing the partners for quality school improvement pilot training program; appropriating money.

The bill was read for the first time and referred to the Committee on Education.

Juhnke, Harder, Trimble, Gunther and Wenzel introduced:

H. F. No. 1924, A bill for an act relating to agriculture; providing for food handler certification; proposing coding for new law in Minnesota Statutes, chapter 31.

The bill was read for the first time and referred to the Committee on Agriculture.

Peterson, Winter, Seifert, Finseth and Wenzel introduced:

H. F. No. 1925, A bill for an act relating to energy; establishing a pilot program allowing increased state participation in loans for farm wind energy conversion facilities; providing an incentive for certain wind energy facilities; regulating contracts used to satisfy a wind power mandate; amending Minnesota Statutes 1996, sections 216B.2423, by adding a subdivision; and 216C.41, subdivision 1.

Pugh introduced:

H. F. No. 1926, A bill for an act relating to crime; adding certain crimes relating to communications as predicate acts for purpose of the racketeering law; amending Minnesota Statutes 1996, section 609.902, subdivision 4.

The bill was read for the first time and referred to the Committee on Judiciary.

Kubly, Juhnke, Winter and Skare introduced:

H. F. No. 1927, A bill for an act relating to the city of Buffalo Lake; allowing an extension to certify an ethanol facility for purposes of tax increment financing.

The bill was read for the first time and referred to the Committee on Local Government and Metropolitan Affairs.

Mares and Weaver introduced:

H. F. No. 1928, A bill for an act relating to insurance; mandating coverage for cochlear implants; proposing coding for new law in Minnesota Statutes, chapter 62A.

The bill was read for the first time and referred to the Committee on Financial Institutions and Insurance.

Winter, Pelowski, Mares and Milbert introduced:

H. F. No. 1929, A bill for an act relating to education; providing for purchase, sale, lease, and transfer of land parcels operated under the authority of the Minnesota state colleges and universities.

The bill was read for the first time and referred to the Committee on Education.

Trimble, Vickerman and McCollum introduced:

H. F. No. 1930, A bill for an act relating to human services; requiring the commissioner of human services to place individual names on graves at regional treatment center cemeteries; appropriating money.

The bill was read for the first time and referred to the Committee on Health and Human Services.

Abrams and Macklin introduced:

H. F. No. 1931, A bill for an act relating to taxation; individual income; reducing the rate of tax on the first income bracket; amending Minnesota Statutes 1996, section 290.06, subdivisions 2c and 2d.

The bill was read for the first time and referred to the Committee on Taxes.

Biernat, Mares and Kelso introduced:

H. F. No. 1932, A bill for an act relating to education; making the state's graduation rule applicable to all children required to receive instruction under the compulsory attendance law; amending Minnesota Statutes 1996, sections 120.101, subdivision 5, and by adding a subdivision; 120.102, subdivision 1; and 121.11, subdivision 7c; repealing Minnesota Statutes 1996, section 120.101, subdivision 8.

Bishop, Bradley, Macklin and McGuire introduced:

H. F. No. 1933, A bill for an act relating to health; modifying provisions for patient consent to release of health records; amending Minnesota Statutes 1996, section 144.335, subdivision 3a.

The bill was read for the first time and referred to the Committee on Health and Human Services.

Kelso, Biernat, Carlson and Johnson, A., introduced:

H. F. No. 1934, A bill for an act relating to education; directing the legislative auditor to advise the legislature on the needs of prekindergarten to grade 12 students and the condition of education in the state; increasing general education revenue; increasing funding for special programs; providing inflationary increases for other programs; establishing an advisory panel; creating a technology revenue program; appropriating money; amending Minnesota Statutes 1996, sections 3.971, by adding a subdivision; 124.17, subdivision 1d; 124.273, subdivisions 1d and 1g; 124.3201, subdivision 1; 124.323, subdivision 2; and 124A.22, subdivision 2, as amended; proposing coding for new law in Minnesota Statutes, chapter 124; repealing Minnesota Statutes 1996, section 124.273, subdivision 1f.

The bill was read for the first time and referred to the Committee on Education.

Murphy introduced:

H. F. No. 1935, A bill for an act relating to courts; providing a state match for a federal grant received by a nonprofit organization for the acquisition and use of interactive multimedia equipment for courtroom presentations in complex homicide and child fatality cases; appropriating money.

The bill was read for the first time and referred to the Committee on Judiciary.

Murphy introduced:

H. F. No. 1936, A bill for an act relating to labor relations; requiring arbitration in certain circumstances; establishing procedures; providing penalties; amending Minnesota Statutes 1996, sections 179.06, by adding a subdivision; and 179A.16, subdivision 3, and by adding a subdivision.

The bill was read for the first time and referred to the Committee on Labor-Management Relations.

Bishop and Bradley introduced:

H. F. No. 1937, A bill for an act relating to health; modifying the requirements for dispensing controlled substances; amending Minnesota Statutes 1996, section 152.11.

The bill was read for the first time and referred to the Committee on Health and Human Services.

Mullery; Anderson, I., and Lieder introduced:

H. F. No. 1938, A bill for an act relating to highways; designating the Jim Rice memorial expressway; amending Minnesota Statutes 1996, section 161.14, by adding a subdivision.

Smith introduced:

H. F. No. 1939, A bill for an act relating to education; imposing financial responsibility on a district providing special instruction and services for a child with a disability when the child is enrolled under the enrollment options program; amending Minnesota Statutes 1996, section 124A.036, subdivision 5.

The bill was read for the first time and referred to the Committee on Education.

Bishop, Osthoff, Munger and Holsten introduced:

H. F. No. 1940, A bill for an act relating to the environment; establishing a permit for alternative discharging sewage systems; providing for the establishment of water quality cooperatives to furnish water quality treatment and management services; exempting certain drainage wells from regulation as dewatering wells; making alternative sewage treatment systems eligible for state wastewater treatment financing; appropriating money; amending Minnesota Statutes 1996, sections 103I.005, subdivision 4a; 300.111, by adding a subdivision; 308A.101, by adding a subdivision; 308A.201, by adding a subdivision; 446A.02, subdivision 6; and 446A.072, subdivision 1; proposing coding for new law in Minnesota Statutes, chapter 115.

The bill was read for the first time and referred to the Committee on Environment and Natural Resources.

Mahon, Carruthers, Lieder and Schumacher introduced:

H. F. No. 1941, A bill for an act relating to traffic regulations; authorizing certain personnel of the department of public safety to stop motor vehicles under certain circumstances; amending Minnesota Statutes 1996, section 299D.06.

The bill was read for the first time and referred to the Committee on Transportation and Transit.

Huntley, Bradley, Bishop and Jaros introduced:

H. F. No. 1942, A bill for an act relating to taxation; sales; exempting sales to hospitals; amending Minnesota Statutes 1996, section 297A.25, by adding a subdivision.

The bill was read for the first time and referred to the Committee on Taxes.

Swenson, H., and Sviggum introduced:

H. F. No. 1943, A bill for an act relating to property taxation; exempting agricultural land from the general education levy; amending Minnesota Statutes 1996, sections 124.2131, subdivision 1; and 275.08, subdivision 1b.

The bill was read for the first time and referred to the Committee on Taxes.

Anderson, B.; Seifert; Osskopp; Dehler and Paulsen introduced:

H. F. No. 1944, A bill for an act proposing an amendment to the Minnesota Constitution, article IV, section 7; providing regulation of legislative procedures by law.

The bill was read for the first time and referred to the Committee on Rules and Legislative Administration.

Anderson, I., introduced:

H. F. No. 1945, A bill for an act relating to appropriations; appropriating money for a grant for the Voyageur Center.

Long, Hausman, Lieder and Mahon introduced:

H. F. No. 1946, A resolution to preserve funding and facilitate mediation for an improved St. Croix River crossing.

The bill was read for the first time and referred to the Committee on Transportation and Transit.

Broecker; Swenson, D.; Macklin and Weaver introduced:

H. F. No. 1947, A bill for an act relating to violence prevention; authorizing programs for providers in the sexual violence and prevention education fields; appropriating money.

The bill was read for the first time and referred to the Committee on Judiciary.

Smith, Stanek, Macklin and Weaver introduced:

H. F. No. 1948, A bill for an act relating to traffic regulations; allowing four hours after traffic signal violation for peace officer to arrest violator; making technical correction; providing a petty misdemeanor penalty; amending Minnesota Statutes 1996, section 169.21, subdivision 1, and by adding subdivisions.

The bill was read for the first time and referred to the Committee on Judiciary.

Bishop, Solberg and Knoblach introduced:

H. F. No. 1949, A bill for an act relating to capital improvements; authorizing the purchase of real property in St. Paul; authorizing state bonds.

The bill was read for the first time and referred to the Committee on Governmental Operations.

Peterson, Kalis, Munger and McCollum introduced:

H. F. No. 1950, A bill for an act relating to construction activities; requiring notice of certain proposed animal feedlots and residential developments; amending Minnesota Statutes 1996, section 116.07, by adding a subdivision; proposing coding for new law in Minnesota Statutes, chapter 394.

The bill was read for the first time and referred to the Committee on Agriculture.

Milbert and Pugh introduced:

H. F. No. 1951, A bill for an act relating to state lands; providing for the sale or exchange of certain lands belonging to the board of trustees of the Minnesota state colleges and universities to or with the city of Inver Grove Heights, Dakota county, Minnesota, for public library site.

The bill was read for the first time and referred to the Committee on Education.

Garcia, Carruthers, Leppik, Luther and Rhodes introduced:

H. F. No. 1952, A bill for an act relating to parks; funding the operation and maintenance of parks in the metropolitan area; appropriating money.

Solberg, Peterson, Kahn and Dehler introduced:

H. F. No. 1953, A bill for an act relating to agriculture; providing a grant for a feasibility study on the use of agricultural straw and native prairie grasses in the production of wood pulp; appropriating money.

The bill was read for the first time and referred to the Committee on Agriculture.

Kahn, Carruthers, Sviggum, Winter and Rest introduced:

H. F. No. 1954, A resolution memorializing Congress to support legislative initiatives to discourage use of public resources for movement of professional sports franchises and to repeal antitrust exemptions for professional sports.

The bill was read for the first time and referred to the Committee on Local Government and Metropolitan Affairs.

Hausman, Ozment and Greiling introduced:

H. F. No. 1955, A bill for an act relating to the environment; regulating emissions from certain electric generating power plants; proposing coding for new law in Minnesota Statutes, chapter 116.

The bill was read for the first time and referred to the Committee on Environment and Natural Resources.

Pugh introduced:

H. F. No. 1956, A bill for an act relating to state government; creating the office of freedom of information and privacy commissioner; authorizing rulemaking; providing criminal penalties; proposing coding for new law as Minnesota Statutes, chapter 13D; repealing Minnesota Statutes 1996, section 13.072.

The bill was read for the first time and referred to the Committee on Judiciary.

Jennings introduced:

H. F. No. 1957, A bill for an act relating to public safety; authorizing payments to metropolitan airports commission for 911 emergency services; amending Minnesota Statutes 1996, section 403.113, subdivision 2.

The bill was read for the first time and referred to the Committee on Regulated Industries and Energy.

Pugh introduced:

H. F. No. 1958, A bill for an act relating to licensed professions; requiring notice to licensees of investigations; requiring destruction of data on unsubstantiated complaints; authorizing health care providers to dispose of records of deceased patients; amending Minnesota Statutes 1996, sections 144.335, by adding a subdivision; and 214.10, subdivision 1, and by adding a subdivision.

The bill was read for the first time and referred to the Committee on Judiciary.

Milbert and Pugh introduced:

H. F. No. 1959, A bill for an act relating to commerce; regulating commercial assumed names; prohibiting intentional misrepresentation of geographic origin or location; providing civil penalties and remedies; amending Minnesota Statutes 1996, section 333.01; proposing coding for new law in Minnesota Statutes, chapter 333.

Weaver introduced:

H. F. No. 1960, A bill for an act relating to sentencing; permitting courts to order defendants to serve time in custody during consecutively imposed nonfelony sentences; amending Minnesota Statutes 1996, section 609.15, subdivision 1.

The bill was read for the first time and referred to the Committee on Judiciary.

The following messages were received from the Senate:

Mr. Speaker:

I hereby announce the adoption by the Senate of the following Senate Concurrent Resolution, herewith transmitted:

Senate Concurrent Resolution No. 8, A senate concurrent resolution relating to adjournment for more than three days.

Patrick E. Flahaven, Secretary of the Senate

Winter moved that the rules be so far suspended that Senate Concurrent Resolution No. 8 be now considered and be placed upon its adoption. The motion prevailed.

A senate concurrent resolution relating to adjournment for more than three days.

Be It Resolved, by the Senate of the State of Minnesota, the House of Representatives concurring:

1. Upon their adjournments on March 26, 1997, the Senate and House of Representatives may each set its next day of meeting.

2. Each house consents to adjournment of the other house for more than three days.

Winter moved that Senate Concurrent Resolution No. 8 be now adopted. The motion prevailed and Senate Concurrent Resolution No. 8 was adopted.

Mr. Speaker:

I hereby announce the passage by the Senate of the following Senate Files, herewith transmitted:

S. F. Nos. 1, 703 and 501.

Patrick E. Flahaven, Secretary of the Senate

136A.125, subdivision 2; 196.27; 237.70, subdivision 4a; 254B.02, subdivision 1; 256.01, subdivisions 2 and 4a; 256.017, subdivisions 1 and 4; 256.019; 256.031, subdivision 5, and by adding subdivisions; 256.033, subdivisions 1 and 1a; 256.046, subdivision 1; 256.736, subdivision 3a; 256.74, subdivision 1; 256.82, subdivision 2; 256.935, subdivision 1; 256.9354, by adding a subdivision; 256.98, subdivision 8; 256.981; 256.983, subdivisions 1 and 4; 256.9861, subdivision 5; 256B.055, subdivisions 3, 5, and by adding subdivisions; 256B.056, subdivisions 1a, 3, and 4; 256B.057, subdivisions 1, 1b, and 2b; 256B.06, subdivision 4; 256B.062; 256D.01, subdivisions 1, 1a, and 1e; 256D.02, subdivisions 6 and 12a; 256D.03, subdivision 3; 256D.05, subdivisions 1, 2, 5, 7, and 8; 256D.051, subdivisions 1a, 2a, 3a, and by adding a subdivision; 256D.055; 256D.06, subdivisions 2 and 5; 256D.08, subdivisions 1 and 2; 256D.09, by adding a subdivision; 256D.435, subdivision 3; 256D.44, subdivision 5; 256E.03, subdivision 2; 256E.06, subdivisions 1 and 3; 256E.07, subdivision 1; 256E.08, subdivision 3; 256F.04, subdivisions 1 and 2; 256F.05, subdivisions 2, 3, 4, 5, and 8; 256F.06, subdivisions 1 and 2; 256G.01, subdivision 4; 256G.02, subdivision 6; 257.3573, subdivision 2; 259.67, subdivision 4; 260.38; 268.0111, subdivisions 5 and 7; 268.0122, subdivision 3; 268.552, subdivision 5; 268.6751, subdivision 1; 268.676, subdivision 1; 268.86, subdivision 2; 268.871, subdivision 1; 268.90, subdivision 2; 268.916; 268.95, subdivision 4; 393.07, subdivision 6; and 477A.0122, subdivision 2; proposing coding for new law in Minnesota Statutes, chapters 256B; and 256D; proposing coding for new law as Minnesota Statutes, chapters 256J; and 256K; repealing Minnesota Statutes 1996, sections 256.12, subdivisions 9, 10, 14, 15, 20, 21, 22, and 23; 256.72; 256.73; 256.7341; 256.7351; 256.7352; 256.7353; 256.7354; 256.7355; 256.7356; 256.7357; 256.7358; 256.7359; 256.736, subdivision 19; 256.7365; 256.7366; 256.7381; 256.7382; 256.7383; 256.7384; 256.7385; 256.7386; 256.7387; 256.7388; 256.74, subdivisions 1, 1a, 1b, 2, and 6; 256.745; 256.75; 256.76; 256.78; 256.80; 256.81; 256.82; 256.84; 256.85; 256.86; 256.863; 256.871; 256.8711; 256.879; 256D.02, subdivision 5; 256D.05, subdivisions 3 and 3a; 256D.0511; 256D.065; 256F.05, subdivisions 5 and 7; and 256G.05, subdivision 2.

The bill was read for the first time and referred to the Committee on Ways and Means.

S. F. No. 703, A bill for an act relating to elections; allowing mail balloting in certain elections in additional cities and towns; amending Minnesota Statutes 1996, section 204B.45, subdivision 1.

The bill was read for the first time and referred to the Committee on General Legislation, Veterans Affairs and Elections.

S. F. No. 501, A bill for an act relating to commerce; providing powers and duties to the commissioner; regulating securities; modifying the real estate licensing exemption for closing agents; regulating real property appraisers; regulating residential building contractors and remodelers; modifying licensing requirements for collection agencies; regulating notaries public; making technical changes; amending Minnesota Statutes 1996, sections 45.011, subdivision 1; 45.028, subdivision 1; 80A.04, subdivisions 3, 4, and by adding a subdivision; 80A.05, subdivisions 4, 5, and by adding a subdivision; 80A.06, subdivisions 1, 2, and 3; 80A.08; 80A.12, by adding a subdivision; 80A.14, subdivisions 3, 4, and by adding subdivisions; 80A.15, subdivisions 1 and 2; 80A.16; 80A.28, subdivisions 1 and 2; 80C.01, subdivision 4; 82.19, by adding a subdivision; 82.20, subdivision 15; 82.22, subdivision 13; 82.24, subdivision 5; 82B.13, subdivisions 1, 4, and 5; 82B.14; 82B.19, subdivision 1; 326.83, subdivisions 11 and 19; 326.84, subdivision 3; 326.85, by adding a subdivision; 326.921; 332.33, subdivision 1, and by adding a subdivision; 332.34; 359.061; and 359.071; proposing coding for new law in Minnesota Statutes, chapters 45; 60K; and 80A; repealing Minnesota Statutes 1996, section 60K.07, subdivision 1.

The bill was read for the first time.

Entenza moved that S. F. No. 501 and H. F. No. 1032, now on General Orders, be referred to the Chief Clerk for comparison. The motion prevailed.

Pursuant to rule 1.10, Solberg requested immediate consideration of S. F. No. 85.

S. F. No. 85, A bill for an act relating to claims; providing for payment of certain claims against the state; increasing a limit on settlements; adding claims to the Revenue Recapture Act; appropriating money; amending Minnesota Statutes 1996, sections 3.732, subdivision 2; and 270A.03, subdivision 7.

The question was taken on the passage of the bill and the roll was called. There were 87 yeas and 44 nays as follows:

Those who voted in the affirmative were:

Abrams	Farrell	Johnson, R.	Marko	Pawlenty	Swenson, D.
Anderson, I.	Folliard	Juhnke	McCollum	Paymar	Tomassoni
Bakk	Garcia	Kahn	McGuire	Pelowski	Trimble
Biernat	Goodno	Kalis	Milbert	Peterson	Tuma
Bishop	Greenfield	Kelso	Mullery	Pugh	Tunheim
Carlson	Greiling	Kinkel	Munger	Rest	Vickerman
Chaudhary	Gunther	Koskinen	Murphy	Rhodes	Wagenius
Clark	Haas	Kubly	Ness	Rukavina	Wejcman
Commers	Hasskamp	Leighton	Olson, E.	Schumacher	Wenzel
Dawkins	Hilty	Leppik	Opatz	Sekhon	Westfall
Delmont	Huntley	Lieder	Orfield	Skare	Winter
Dorn	Jaros	Luther	Osskopp	Skoglund	Spk. Carruthers
Entenza	Jefferson	Mahon	Osthoff	Slawik
Erhardt	Jennings	Mares	Otremba	Smith
Evans	Johnson, A.	Mariani	Ozment	Solberg

Those who voted in the negative were:

Anderson, B.	Dempsey	Kraus	Mulder	Seifert	Weaver
Bettermann	Finseth	Krinkie	Nornes	Stanek	Westrom
Boudreau	Harder	Kuisle	Olson, M.	Stang	Wolf
Bradley	Holsten	Larsen	Paulsen	Sviggum	Workman
Broecker	Kielkucki	Lindner	Reuter	Swenson, H.
Daggett	Knight	Macklin	Rifenberg	Tingelstad
Davids	Knoblach	McElroy	Rostberg	Tompkins
Dehler	Koppendrayer	Molnau	Seagren	Van Dellen

The bill was passed and its title agreed to.

Winter moved that the House recess subject to the call of the Chair. The motion prevailed.

The House reconvened and was called to order by the Speaker.

Winter, for the Committee on Rules and Legislative Administration, offered the following report and moved its adoption:

The Permanent Rules of the House of Representatives for the 80th Session shall read as follows:

1.02 READING OF THE JOURNAL. A quorum being present, the Journal of the preceding day shall be read by the Chief Clerk unless otherwise ordered. The House may correct any errors in the Journal of the preceding day.

1.03 ORDER OF BUSINESS. After the reading of the Journal, the order of business of the day shall be:

(1) Presentation of petitions or other communications.

(2) Reports of standing committees.

(3) Second reading of House bills.

(4) Second reading of Senate bills.

(5) Reports of select committees.

(6) Introduction and first reading of House bills.

(7) Consideration of messages from the Senate.

(8) First reading of Senate bills.

(9) Consent Calendar.

(10) Calendar for the day.

(11) General Orders.

(12) Motions and resolutions.

Conference committees on House bills and the Committee on Rules and Legislative Administration may report at any time except when the House is in the Committee of the Whole.

1.04 SECOND READING OF BILLS. Every bill shall require a second reading.

Except as otherwise ordered, every bill requiring the approval of the Governor shall, after a second reading, be considered in a Committee of the Whole before it shall be finally acted upon by the House.

1.05 COMMITTEE OF THE WHOLE. The Committee of the Whole is a committee of the entire membership of the House. The Speaker may appoint another member as chair to preside over the Committee of the Whole.

When the House arrives at the General Orders of the Day, it shall resolve itself into a Committee of the Whole to consider bills on General Orders.

A bill considered in the Committee of the Whole shall be reported and then debated by sections, with the title considered last. All amendments shall be typewritten and five copies shall be submitted to the Chair who shall report them to the House.

1.06 RULES TO APPLY TO COMMITTEE OF THE WHOLE. The Rules of the House shall be observed in the Committee of the Whole so far as may be applicable except that the previous question shall not be forced or speaking limited.

Upon demand of 15 members, the yeas and nays shall be called, the question voted on, and the yeas and nays recorded in the Journal of the House.

In the Committee of the Whole no amendment increasing the amount of any appropriation shall be passed without the yeas and nays recorded in the Journal of the House.

1.07 GENERAL ORDERS OF THE DAY. The Chief Clerk at the direction of the Speaker shall prepare the General Orders of the Day, which is a list of all bills which have not been made Special Orders or placed on the Consent Calendar, numbered according to their order at second reading. Unless otherwise ordered by a majority of the Committee, items on General Orders shall be taken up in numerical order.

The Chief Clerk shall see that a copy of each bill printed under the Rules or Orders of the House is placed in each member's file, which is to be kept at the member's desk in the chamber, at least 24 hours before the bill shall be considered in the Committee of the Whole.

If a bill is progressed three times it shall be placed at the end of General Orders.

Except during the last five days in any year on which a bill may be passed, a bill amended in the Committee of the Whole shall not be given its third reading until it is engrossed and reproduced as amended.

1.08 THIRD READING OF BILLS. No amendment shall be received after the third reading without the unanimous consent of the House, except to fill blanks or to amend titles.

At any time prior to its passage any bill or resolution may be referred or re-referred by a majority vote of the whole House. If the committee, other than the Committee of the Whole, to which it was referred or re-referred reports an amendment on it, it shall again be given its second reading, considered in Committee of the Whole, given its third reading and placed upon its final passage.

1.09 SPECIAL ORDERS. A bill may be made the Order of the Day for a special time and be placed upon a separate list known as "Special Orders."

The Committee on Rules and Legislative Administration may by committee report designate as a Special Order any bill which has had its second reading.

Any member may move to make a bill a Special Order by giving notice at least two legislative days in advance of and specifying the day on which the member will so move. The notice shall include the number and title of the bill and the day and time certain for the Special Order. Only the member giving such notice, or another member designated in writing by the member who originally gave notice of the Special Order to the Speaker, may make the motion for the Special Order. A two-thirds vote of the whole House on such motion is required to make a bill a Special Order.

The time set for the motion may not be extended, and failure to make the motion on the specified day forfeits the right to make the motion.

A motion to make a bill a Special Order, when made according to the procedures herein prescribed, shall be a privileged motion, shall take precedence over all other motions except a motion to adjourn or to set the time to adjourn and questions of personal privilege, and may be made at any time on the day designated in the notice. A three-fourths vote of the whole House is required to suspend the motion.

Any Special Order, or any part of it, may be continued or postponed by two-thirds vote of the whole House at the time of such Special Order; however, a Special Order designated by the Committee on Rules and Legislative Administration may be continued or postponed by a majority vote of the whole House at the time of such Special Order. If a bill on Special Orders has been continued three times by the author or coauthor a motion for continuance shall not be in order and the bill shall be returned to General Orders.

When the time arrives for the consideration of any Special Order, the House shall consider each bill upon the Special Order in the order in which it is listed. After consideration it shall immediately be read the third time and placed upon final passage.

1.11 CONSENT CALENDAR. Any bill of a non-controversial nature for which the committee report recommends placement upon the Consent Calendar shall be given its second reading after the report is adopted and placed upon the Consent Calendar. The bill shall be printed and placed in the members' files at least one day before it can be considered. The bill shall be placed upon the Consent Calendar in the order in which it is given its second reading.

The Consent Calendar shall immediately precede the order of business known as "Calendar for the Day." Every bill on the Consent Calendar shall be debated, given its third reading and voted upon, provided, however, that at any time prior to third reading, ten members may object to any bill as being controversial. Any bill so objected to shall be stricken from the Consent Calendar and be immediately placed upon General Orders, taking its place in the usual order.

1.12 SUSPENSION OF RULES TO ADVANCE A BILL. Every bill shall be reported on three different days, except that in case of urgency, a two-thirds majority of the whole House may suspend this Rule. A motion for suspension of the Rules to advance a bill for consideration out of its regular order is in order under the order of business "Motions and Resolutions" or at any time the bill is before the House. The motion must be presented to the Speaker in writing and must state the present position of the bill.

1.13 MINORITY REPORTS. Any minority report shall be made separately from the majority report and shall be considered before the majority report. If the minority report is adopted the majority report shall not be considered. If the minority report is not adopted the majority report shall then be considered.

1.14 COMMITTEE REPORT LAID OVER. The report of any committee may be laid over one day and printed in the Journal, if so ordered by the House.

1.15 RECALLING BILL FROM COMMITTEE OR DIVISION. In regular session, except after the deadline for committee reports on bills originating in the House, any bill or resolution may be recalled from any committee or division at any time by majority vote of the whole House, be given a second reading and be advanced to General Orders. A motion to recall a bill or resolution shall be in order only under the order of business "Motions and Resolutions."

1.16 TIME LIMIT FOR CONSIDERATION OF BILLS. If 20 legislative days after a bill has been referred to committee or division (other than a bill in the Committee on Ways and Means, the Committee on Taxes or a division of the Committee on Taxes, a finance committee, or a finance division of a standing committee) no report has been made upon it by the committee or division, its chief author may request that it be returned to the House and the request shall be entered in the Journal for the day. The committee or division shall have ten calendar days thereafter in which to vote upon the bill requested. If the committee or division fails to vote upon it within the ten days, the chief author may, at any time within five calendar days thereafter, present a written demand to the Speaker for its immediate return to the House. The demand shall be entered in the Journal for that day and shall constitute the demand of the House. The bill shall then be considered to be in the possession of the House, given its second reading and placed at the end of General Orders.

Such The bill is subject to re-reference by a majority vote of the whole House. If the motion to re-refer is made on the day of the demand or within one legislative day thereafter, the motion shall take precedence over all other motions except privileged motions and shall be in order at any time.

In regular session in 1995 after Friday, May 5, and in 1996 after ....., the House shall not act on bills other than those recommended by conference committee reports, the Committee on Rules and Legislative Administration, or the Committee on Ways and Means, and those bills contained in messages from the Senate or from the Governor.

1.17 DISPOSITION OF SENATE BILLS. Any Senate File received by the House, accompanied by a message announcing its passage by the Senate, shall be referred to the appropriate standing committee in accordance with Rule 5.05. However, if a Senate File is received which is stated by a member to be identical to a House File already reported by a standing committee of the House and placed on General Orders, Calendar, Consent Calendar, or Special Orders, the Senate File shall be referred to the Chief Clerk for comparison. If the Chief Clerk reports that the Senate File is identical with the House File, the Senate File may by majority vote be substituted for the House File and take its place. The fact that the bills are identical shall be entered in the Journal and the House File is then considered withdrawn.

1.18 RECORDED FLOOR PROCEEDINGS. All proceedings on the floor of the House shall be recorded on magnetic tape or similar recording device under the direction of the Chief Clerk. All taped proceedings of the House floor sessions shall be delivered to the Director of the Legislative Reference Library and there maintained on file for use by any member of the public in accordance with the rules of the Legislative Reference Library. Tapes delivered to the Legislative Reference Library shall be kept by the library for eight years after which they shall be delivered to the Director of the Minnesota Historical Society.

Any person may obtain a copy of any such tape during the biennium in which it is recorded upon payment of a fee determined by the Chief Clerk to be adequate to cover the cost of preparing the copy.

Discussion preserved under this rule is not intended to be admissible in any court or administrative proceeding on an issue of legislative intent.

1.19 QUESTION SESSIONS. The House, by resolution, may reserve time at occasions during the legislative session for the Governor to appear to answer questions from House members. Before each question session, the House shall notify the Governor of issues to be covered at that session. The Governor may bring staff to a question session to assist in answering questions.

2.01 AUTHORIZING ELECTRIC VOTING SYSTEM. Except for a vote upon elections, any vote may be taken by means of the electric voting system which shall be under the control of the Speaker of the House. No member may vote on a question except at the member's own seat in the chamber.

2.02 CALL OF THE HOUSE. Ten members may demand a call of the House at any time except after voting has commenced. When such call is demanded, the doors shall be closed, the roll shall be called, the absent members shall be sent for, and no member may be permitted to leave until the roll call is suspended or completed. During the roll call, no motion shall be in order except a motion pertaining to matters incidental to the call. Proceedings under the roll call may be suspended by a majority vote of the whole House. After the roll call is suspended or completed the Sergeant at Arms shall not permit any member to leave the Chamber unless excused by the Speaker. A call of the House may be lifted by a majority vote of the whole House.

2.03 DEMANDING YEAS AND NAYS. Yeas and nays shall be ordered without demand upon final passage of bills and upon adoption of resolutions or motions directing the payment of money. In all other cases the yeas and nays shall be ordered only upon demand of 15 members.

2.04 EXPLAINING OR CHANGING VOTE. No member shall be allowed to explain a vote or discuss the question while the yeas and nays are being taken, nor be allowed to change a vote after the yeas and nays have been announced from the chair by the Speaker.

2.05 EVERY UNEXCUSED MEMBER TO VOTE. Any member who is immediately interested in the question being voted on shall not vote.

Every other member present before a vote is declared from the chair shall vote for or against the matter before the House, unless the House excuses the member from voting. However, no member is required to vote on any matter concerning a resolution, except for a resolution relating to the internal business of the House or the Legislature.

A member who declines to vote on a call of the member's name shall be required to state reasons for so declining. After the vote has been taken but before the chair has announced the vote, the chair shall submit to the House the question, "Shall the member, for the reasons stated, be excused from voting?" which shall be decided without debate. Any other proceedings in reference thereto shall take place after announcement of the vote.

After an amendment or other motion has been stated by the Speaker it is in possession of the House, but the mover may withdraw it at any time before amendment or decision. Unless a motion, resolution or amendment is withdrawn on the day it is made, it shall be entered in the Journal, together with the name of the member offering it.

The Speaker may require any amendment or other motion be typewritten and that five copies be given to the Chief Clerk.

3.02 PRECEDENCE OF MOTIONS. When a question is under consideration, no motion shall be received except the following, the first four of which shall be decided without debate:

(1) To fix the time of adjournment.

(2) To adjourn.

(3) To lay on the table.

(4) For the previous question.

(5) To refer.

(6) To postpone to a day certain.

(7) To amend.

(8) To postpone indefinitely.

(9) To pass.

The motions shall have precedence in the order listed. However, if the motion for the previous question has been seconded and the main question ordered, the motion to lay on the table shall not be in order.

3.03 MOTION TO ADJOURN. A motion to adjourn shall always be in order except during roll call.

When a motion to adjourn is made it shall be in order for the Speaker, before putting the question, to permit any member to state reasons which would seem to render adjournment improper at that time. Such a statement shall not be debatable and shall be limited to not over two minutes.

3.04 MOTION FOR RECONSIDERATION. When a question has been decided either in the affirmative or negative, it shall be in order for any member who voted with the prevailing side to move its reconsideration, provided that such the motion is made either on the same day the vote was taken or within the following two days of actual session of the House. A motion for reconsideration can be made at any time in the Order of Business and shall take precedence over all other questions except the motion to adjourn and the notice of intention to move reconsideration. Such The motion or notice shall not be in order if the document, bill, resolution, message, report or other official action on which the vote was taken shall have has left the possession of the House.

When a member gives notice of intention to move reconsideration of the final action of the House on any bill, resolution, message, report or other official action, the Chief Clerk shall retain the same until after the matter is disposed of or the time has expired during which the motion for reconsideration can be made. Notice of intention to move reconsideration is subject to the deadline in Rule 9.03.

On the last day allowed for the motion to reconsider, it shall be in order for any member who voted on the prevailing side to make the motion, unless the matter has been already disposed of.

A motion for reconsideration having been voted upon and lost shall not be renewed.

In regular session in 1995, notice of intention to move reconsideration shall not be in order after Monday, April 17.

3.05 ORDER OF PUTTING QUESTION. Except in the case of privileged questions, all questions, whether in committee or in the House, shall be put in the order in which they are moved. When filling blanks, a motion for the largest sum or the longest time shall be put first.

3.06 DIVISION OF A QUESTION. Any member may request the division of a question which contains several separate and distinct points. A motion to strike out and insert shall not be divisible. If a motion to strike out is lost it shall not preclude another motion to amend or to strike out and insert.

3.07 THE PREVIOUS QUESTION. The motion calling for the previous question must be seconded by 15 members. If the motion for the previous question is ordered by a majority of members present, it shall have the effect of cutting off all debate and bringing the House to direct vote upon the question or questions.

The previous question may be moved and ordered upon a single motion, a series of motions allowable under the Rules, or an amendment or amendments; or it may include all authorized motions or amendments, including a vote on final passage of a bill.

On a motion for the previous question, but prior to its being ordered, a call of the House shall be in order. After a majority has ordered the previous question, no call shall be in order prior to the decision on the main question.

When the previous question is decided in the negative, the main question remains under debate until disposed of by taking a vote either on the question or in some other manner.

All incidental questions of order arising after a motion is made for the previous question and prior to the vote on the main question shall be decided without debate.

3.08 AMENDMENTS TO AMENDMENTS. An amendment may be amended, but an amendment to an amendment may not be amended.

3.09 MOTIONS AND PROPOSITIONS TO BE GERMANE. No motion or proposition on a subject different from that under consideration shall be admitted under guise of its being an amendment.

3.10 AMENDMENT NOT TO ANNEX ANOTHER BILL. Except in a standing committee no bill or resolution shall at any time be amended by annexing or incorporating any other bill or resolution.

3.11 RESOLUTIONS AND MOTIONS INVOLVING EXPENDITURE OF MONEY. Any resolution or motion involving the expenditure of money out of the legislative expense fund shall be referred to the Committee on Rules and Legislative Administration before being acted upon by the House. A majority vote of the whole House, determined by a roll call, is required to pass any such resolution or motion.

3.12 AMENDMENTS TO APPROPRIATION AND TAX BILLS. No amendment increasing an appropriation and no amendment increasing a tax shall be declared passed until voted for by a majority of the whole House determined by a roll call vote.

3.13 MOTION TO LAY ON THE TABLE. A motion to lay on the table shall not be in order on a motion to amend, except that a motion to amend the Rules may be tabled.

3.14 MOTION TO RESCIND. The motion to rescind shall not be in order at any time in any proceeding in the House or in any committee of the House.

3.15 SUSPENSION OR AMENDMENT OF THE RULES. The concurrence of two-thirds of the whole House is required to suspend, alter, or amend any Rule of the House, except that any amendment to the Rules reported by the Committee on Rules and Legislative Administration may be adopted by a majority of the whole House.

A motion to suspend the Rules, together with the subject matter to which it pertains, is debatable, but the previous question may be applied to the motion.

4.01 ABSENCE OF MEMBERS AND OFFICERS. Unless illness or other sufficient cause prevents attendance, no member or officer of the House shall be absent from any session of the House without first having obtained from the Speaker permission to be absent.

4.02 DUTIES OF MEMBERS. Members shall keep their seats until the Speaker announces adjournment.

Every member, before speaking, shall rise and respectfully address the Speaker and shall not speak further until recognized by the Speaker. When two or more members rise at the same time, the Speaker shall designate the member to speak first.

4.03 QUESTIONS OF ORDER. If any member of the House transgresses the Rules, either in speaking or in any other way, the Speaker shall, or any member may, call the member to order. A member so called to order shall immediately sit down unless another member moves to permit the member who was called to order to explain. In either case, the House, if appealed to, shall decide without debate. Only if the decision is in favor of the member called to order shall that member be at liberty to proceed. A member called to order shall be liable to censure or such other punishment as the House may deem proper.

4.04 ORDER IN DEBATE. No member shall speak more than twice on the same subject without leave of the House, nor more than once until every other member wishing to speak on the pending question has had an opportunity to do so.

4.05 NOTICE OF INTENTION TO DEBATE A RESOLUTION. Any member may give notice of intention to debate a resolution, except one introduced as a house file or a senate file under Rule 5.02 or one offered by the Committee on Rules and Legislative Administration or the Committee on Ethics. Such The notice may be given at any time before the vote is taken on the resolution. If such the notice is given, the resolution shall be laid over one day without debate or any other action.

4.06 OFFENSIVE WORDS IN DEBATE. If any member is called to order for offensive words in debate, the member calling for order shall report the words to which exception is taken and the Clerk shall record them. No member shall be held to answer or be subject to censure of the House for any language used in debate if exception is not taken before any other member has spoken or any other business has taken place.

4.07 ORDER DURING SESSION. No member shall walk out of or across the Chamber when the Speaker is putting the question. No member shall engage in private conversation while another member is speaking or pass between the speaking member and the Chair.

4.08 NO ONE TO REMAIN BY THE CHIEF CLERK'S DESK. No member or other person shall remain by the Chief Clerk's desk while the yeas and nays are being called.

4.09 WHO MAY BE ADMITTED TO THE FLOOR. No person shall be admitted within the House Chamber, except members themselves, properly authorized employees, the Chief Executive and ex-governors of the State of Minnesota, members of the Senate, heads of departments of the state government, judges of the Supreme Court, Court of Appeals, and District Courts, members of Congress, properly accredited representatives of radio and television stations, newspapers and press associations, as herein provided for, and none other. When a former member of Congress or the Minnesota Legislature or any other person is issued a permit by the Speaker good for the day, that person shall be provided with a seat near the Speaker's rostrum, and at no time shall a conversation be carried on so as to disturb the business of the House. Before issuing the permit, the Speaker shall make certain that the person does not seek the floor of the House for the purpose of influencing decisions of the House.

It shall not be in order for the Speaker to entertain a request for the suspension of this Rule, or to present from the Chair the request of any member for unanimous consent unless an extraordinary condition exists, in which event the Speaker may consent to entertain a motion for its suspension.

During the period extending from one hour prior to the time the House is scheduled to convene until one hour after the House adjourns for the day, the retiring room shall be reserved for the exclusive use of the members and employees of the House. No committee meetings shall be held therein except for emergency meetings authorized by the Speaker of the House. The Sergeant at Arms is charged with the duty of strict enforcement of this provision.

4.10 PRESENTATION OF PETITIONS. Any petition, memorial or other paper presented to the House shall include the name of the member introducing it and a brief description of its contents and shall be presented by the Speaker, who shall state briefly its contents.

4.11 NO SMOKING IN HOUSE CAPITOL AREA. Smoking is prohibited in areas of the Capitol and State Office Building under the jurisdiction of the House of Representatives, including the House Chamber and Retiring Room and galleries, hearing rooms, minor corridors and offices, private offices, and lounges.

4.12 CODE OF CONDUCT. The Committee on Rules and Legislative Administration, upon recommendation from the Committee on Ethics, shall establish and maintain a code of conduct for members, officers and employees of the House.

5.01 BILL AND RESOLUTION FORM. No bill or resolution shall be introduced until it has been examined and approved by the Revisor of Statutes as to form and compliance with the Joint Rules of the House and Senate and the Rules of the House. Approval as to form shall be endorsed on the bill or resolution by the Revisor of Statutes. A bill that is divided into articles may include or be accompanied by a table of contents.

5.02 INTRODUCTION OF BILLS AND RESOLUTIONS. A bill, advisory bill or resolution offered for introduction shall be placed in the hands of the Speaker at least 24 hours prior to the convening of the daily session. Every bill, advisory bill and resolution shall be introduced in quadruplicate and each copy shall contain the signature of the member or name of the committee introducing it. No bill, advisory bill, memorial or resolution shall have more than five authors. A statement of facts being forwarded for action to a governmental official, agency, or body or other similar proposal is a memorial and shall be introduced in the same form as a bill and take the same course as a bill. No resolution shall authorize the expenditure of monies from any source other than the legislative expense fund. Department and agency bills are subject to the deadlines in Rule 9.03.

5.03 TIME LIMIT FOR INTRODUCTION OF BILLS. In 1995, a bill prepared by a department or agency of state government shall be introduced and given its first reading by March 20. In 1996, a bill prepared by a department or agency of state government shall be introduced and given its first reading before ......

5.03 RECESS BILL INTRODUCTIONS. During the period between the last day of the session in the odd-numbered year and the first day of the session in the following even-numbered year, any bill filed with the Speaker for introduction shall be given a file number and may be unofficially referred to an appropriate standing committee of the House of Representatives.

5.04 ADVISORY BILLS. An advisory bill may be introduced by any member in the same manner as a bill except that the requirements of Rule 5.01 shall not apply.

Each advisory bill shall be typewritten on a form provided by the Chief Clerk. It shall have a title not exceeding 12 words in length and shall contain a specific proposal for the initiation, termination or alteration of a law or program of the state or any of its subdivisions. It need not be drafted in a form appropriate for enactment into law.

5.05 FIRST READING AND REFERENCE OF BILLS. Each bill, advisory bill and resolution shall be reported and given its first reading upon its introduction. No bill, advisory bill or resolution shall be objected to upon its introduction.

Except as provided in Rule 1.17 and Rule 5.06 each bill, advisory bill or resolution shall, after first reading, be referred by the Speaker to the appropriate standing committee or division thereof.

Congratulatory resolutions are exempt from this rule and may be adopted by the Committee on Rules and Legislative Administration without further consideration by the House.

Except as otherwise provided in these Rules, after a bill, advisory bill or resolution has been referred by the Speaker, a majority vote of the whole House shall be required for a re-referral of the bill, advisory bill or resolution by the House.

5.06 COMMITTEE BILLS. A committee bill shall be read for the first time and may be referred by the Speaker to any standing committee. If it is not so referred, it shall be laid over one day. It shall then be read for the second time and placed upon General Orders, or, if recommended by the Committee, upon the Consent Calendar.

5.07 PRINTING OF BILLS. Every bill shall be printed after it has been given its second reading. A bill may be printed at any other time a majority of the House so orders.

5.08 FINANCE AND REVENUE BILLS. Any bill, whether originating in the House or Senate which directly and specifically affects any present or future financial obligation on the part of the State or which directly and specifically affects state revenues, after being reported to the House, shall be referred, or re-referred to the appropriate finance committee, standing committee with a finance division for consideration by the finance division, or the Committee on Taxes, for action. Once action has been taken by that committee, the bill shall be thereafter re-referred to the Committee on Ways and Means. A bill, other than a major revenue or finance bill referred to in Rule 5.12, which carries an appropriation shall include an appropriation section. This rule does not apply to a bill recommended for passage by the Committee on Capital Investment under Rule 5.09.

5.09 BILLS AFFECTING DEBT. The Committee on Capital Investment shall have jurisdiction over debt obligations issued by the State. A bill which authorizes the issuance of debt of the State shall be referred or re-referred to the Committee on Capital Investment.

The Chair of the Committee on Capital Investment shall assign to each finance committee or finance division of a standing committee the responsibility to develop a bill on state public debt within its jurisdiction. The bill shall be referred to the Committee on Capital Investment by ..... 1996 Friday, March 6, 1998, for further disposition.

A bill recommended for passage by the Committee on Capital Investment shall be accompanied by a statement of its fiscal impact and shall be referred to the Committee on Ways and Means for review and action by that committee.

5.10 BILLS AFFECTING STATE GOVERNMENT POWERS AND STRUCTURE. Any bill, whether originating in the House or the Senate, which creates or reestablishes any new department, agency, commission, board, task force, advisory committee or council, or bureau, or any other such entity, or which substantially changes or alters the organization of or delegates rulemaking authority to or exempts from rulemaking any department or agency thereof of state government, or substantially changes, alters, vests or divests official rights, powers, or duties of any official, department or agency of the state government or any institution under its control, after being reported to the House, shall be referred, or re-referred, as the case may be, to the Committee on Governmental Operations for action by that committee. Prior to the deadline set by Rule 9.03, any committee other than the Committee on Governmental Operations to which such bill is referred shall, in its report, recommend re-referral to the Committee on Governmental Operations. After the deadline set by Rule 9.03, a report shall recommend re-referral to the Committee on Rules and Legislative Administration.

All other bills in finance committees or referred out of finance divisions of standing committees and bills in the Committee on Taxes are also exempt from this rule except for bills to create, abolish, or reestablish a department, agency, commission, board, task force, advisory committee or council, or other such entity. Prior to the deadline set by Rule 9.03, those bills shall be re-referred to the Committee on Governmental Operations. After that deadline, the bills shall be re-referred to the Committee on Rules and Legislative Administration.

5.11 BILLS AFFECTING TAXES. Any bill whether originating in the House or Senate, which substantially affects state tax policy or the administration of state tax policy, after being reported to the House, shall be referred, or re-referred to the Committee on Taxes for action by that committee. Any standing committee other than the Committee on Taxes to which such a bill is referred shall, in its report, recommend re-referral to the Committee on Taxes.

5.12 WAYS AND MEANS COMMITTEE; RESOLUTION; EFFECT ON EXPENDITURES AND REVENUE BILLS. The Committee on Ways and Means shall hold hearings as necessary to determine state expenditures and revenues for the coming fiscal biennium.

In regular session, not later than 15 days following the last available state general fund revenue and expenditure forecast for the coming fiscal biennium prepared during the session, the Committee on Ways and Means shall adopt a budget resolution. The budget resolution shall set the maximum limitation on expenditures and revenues for the coming fiscal biennium for the general fund and an amount to be set aside as a budget reserve cash flow account. The limitation is effective, if adopted, unless the Committee on Ways and Means adopts a different limitation in a subsequent budget resolution that accounts for increases or decreases in general fund revenues and expenditures anticipated for the current fiscal biennium.

Upon adoption of the budget resolution, the Committee on Ways and Means shall reconcile finance and revenue bills and upon request shall certify to the House that such bills do not exceed the limitation specified in the budget resolution.

A bill described in Rule 5.08 other than a major revenue or finance bill shall not be given its second reading until each major finance and revenue bill has received its second reading. However, a bill other than a major finance or revenue bill may be given its second reading after the House has received from the Committee on Ways and Means a statement certifying that the fiscal impact of the bill is or will be reconciled and within the guidelines of the budget resolution. All statements and certifications required by this rule may be reported orally by the Chair of the Committee on Ways and Means or a designee of the Chair. Major finance and revenue bills are:

the higher education finance bill;

the K-12 education finance bill;

the family and early childhood education finance bill;

the environment and, natural resources and agriculture finance bill;

the health and human services finance bill;

the MinnesotaCare finance bill;

the state government finance bill;

the economic development, infrastructure and regulation and housing finance bill;

the transportation and transit finance bill;

the judiciary finance bill;

the omnibus capital investment bill; and

Each finance committee, finance division of a standing committee, the Committee on Capital Investment, or the Committee on Taxes, upon recommending passage of any bill described in Rule 5.08, shall provide to the Committee on Ways and Means a fiscal statement on the bill.

5.13 BILLS PROPOSING MEMORIALS. Any bill or amendment that proposes to have a memorial erected in the Capitol area shall be referred to the Committee on Rules and Legislative Administration.

5.14 RECESS BILL INTRODUCTIONS. During the period between the last day of the session in 1995 and the first day of the session in 1996, any bill filed with the Speaker for introduction shall be given a file number and may be unofficially referred to an appropriate standing committee of the House of Representatives.

5.15 5.14 BILLS PROPOSING CONSTITUTIONAL AMENDMENTS. Any bill, whether originating in the House or Senate, which proposes a constitutional amendment, after being reported to the House, shall be referred, or re-referred, as the case may be, to the Committee on Rules and Legislative Administration for action by that committee. Any committee, other than the Committee on Rules and Legislative Administration, to which such bill has been referred, shall, in its report, recommend re-referral to the Committee on Rules and Legislative Administration.

6.01 COMMITTEES. Standing committees of the House shall be appointed by the Speaker as follows:

Agriculture

Capital Investment

Claims

Commerce, Tourism and Consumer Affairs

Division: Business Regulation

Economic Development, Infrastructure and Regulation Finance

Division: Transportation Finance

Education

Divisions: K-12 Education Finance

Higher Education Finance

University of Minnesota Finance

Environment and Natural Resources

Environment and Natural Resources Finance

Ethics

Financial Institutions and Insurance

General Legislation, Veterans Affairs and Elections

Division: Elections

Governmental Operations

Divisions: Gambling

State Government Finance

Health and Human Services

Divisions: Health and Human Services Finance

Housing

International Trade and Economic Development

Judiciary

Judiciary Finance

Labor-Management Relations

Local Government and Metropolitan Affairs

Regulated Industries and Energy

Rules and Legislative Administration

Taxes

Divisions: Property Tax and Tax Increment Financing

Sales and Income Tax

Transportation and Transit

Ways and Means

Division: Government Efficiency and Oversight Division

Agriculture

Capital Investment

Commerce, Tourism and Consumer Affairs

Economic Development and International Trade

Divisions: Economic Development Finance

Housing and Housing Finance

Education

Divisions: Family and Early Childhood Education Finance

Higher Education Finance

K-12 Education Finance

Environment and Natural Resources

Environment, Natural Resources and Agriculture Finance

Financial Institutions and Insurance

General Legislation, Veterans Affairs and Elections

Governmental Operations

Division: State Government Finance

Health and Human Services

Division: Health and Human Services Finance

Judiciary

Divisions: Civil and Family Law

Labor-Management Relations

Local Government and Metropolitan Affairs

Regulated Industries and Energy

Rules and Legislative Administration

Taxes

Divisions: Property Tax and Tax Increment Finance

Sales and Income Tax

Transportation and Transit

Division: Transportation and Transit Finance

Ways and Means

6.02 COMMITTEE MEMBERSHIP. No less than 30 days prior to the opening of a regular session of the Legislature, the Speaker-designate shall provide the minority group with a list of the standing committees proposed for the session. The Speaker-designate shall also designate the number of minority members to be appointed to each committee and may require general membership guidelines to be followed in the selection of committee members.

If the minority leader submits to the Speaker-designate, at least 15 days prior to the opening of the session, a list of proposed committee assignments for the minority group, which complies with the numbers and guidelines provided, the Speaker shall make such proposed assignments with the purpose of attaining proportionate representation on the committees for the minority group.

No committee of the House shall have exclusive membership from any one profession, occupation or vocation.

A member may not serve as the chair of the same standing committee, or a standing committee with substantially the same jurisdiction, during more than three consecutive regular biennial sessions. Service as the chair before the 79th legislature does not count in applying this limitation. Service during a biennial session for less than three months does not count in applying this limitation. This rule does not apply to service as chair of the Committee on Rules and Legislative Administration or the Committee on Ways and Means.

6.03 COMMITTEE MEETING SCHEDULE. The Speaker shall prepare a schedule of committee meetings, fixing as far as practicable the day of the week and the hour for the regular meeting time of each committee. The schedule of committee meetings shall officially be made available to the news media. The chair of any committee holding a special meeting or making a change in the regular schedule of meetings shall give written notice which may be announced from the desk and shall be posted on the bulletin board at least one day in advance of the change.

The chair of each committee, division, or subcommittee shall as far as practicable give three days notice of any meeting. The notice shall include the date, time, place and agenda for the meeting.

No committee may meet between 12:00 midnight and 7:00 in the morning.

6.04 COMMITTEE PROCEDURES. Meetings of all committees of the House shall be open to the public except for any executive sessions which the committee on ethics deems necessary under Rule 6.10. For purposes of this requirement, a meeting occurs when a quorum is present and action is taken regarding a matter within the jurisdiction of the committee, except that this requirement does not apply to a meeting of a caucus of members of a committee from the same political party.

A majority of members of any committee shall constitute a quorum.

Any member of any committee may demand a roll call on any bill, resolution, report, motion or amendment before the committee. Only upon such demand being made shall the roll be called and the vote of each member on the bill, resolution, report, motion or amendment be recorded in the committee minutes, together with the name of the member demanding the roll call.

A committee may reconsider any action so long as the matter remains in the possession of the committee. A committee member need not have voted with the prevailing side in order to move reconsideration.

6.05 SUBCOMMITTEES. The chair of a committee shall appoint the chair and members of each subcommittee with the advice and consent of the Speaker. The chair or the committee may refer bills to subcommittee. Any subcommittee may make such investigation or exercise such authority as is delegated to it by the chair or the committee.

6.06 COMMITTEE RECORDS. The chair of a standing committee shall cause a record to be kept, in the form prescribed by the Committee on Rules and Legislative Administration, which shall include the record of each bill referred to the committee and the minutes of the committee. The minutes shall include:

a. The time and place of each hearing or meeting of the committee;

b. Committee members present;

c. The name and address of each person appearing before the committee, together with the name and address of the person, association, firm or corporation in whose behalf the appearance is made;

d. The language of each motion, the name of the committee member making the motion, and the result of any vote taken upon the motion, including the yeas and nays whenever a roll call is demanded;

e. The date on which any subcommittee is created, the names of its members and the bills referred to it;

f. The record of each subcommittee meeting, including the time and place of the meeting; members present; the name of each person appearing before the subcommittee, together with the name of the person, association, firm or corporation in whose behalf the appearance is made; and the language of each motion, together with the name of the member making the motion, and the result of any vote taken upon the motion, including the yeas and nays whenever a roll call is demanded;

g. Other important matters related to the work of the committee.

The minutes shall be approved at the next regular meeting of the committee.

Copies of the minutes, after approval by the committee, shall be filed with the Chief Clerk and shall be open to public inspection in the Chief Clerk's office. At the end of the biennium they shall be delivered, together with the other committee records, to the Director of the Legislative Reference Library, where they shall remain open for public inspection during regular office hours. A copy of any page of any committee minutes may be obtained upon payment of a fee determined by the Chief Clerk to be adequate to cover the cost of preparing the copy.

The magnetic tape recording of any committee meetings shall be retained by the chair until the minutes of that meeting have been approved by the committee. The recording shall then be filed with the Director of the Legislative Reference Library. A copy of the committee recording shall be filed within 24 hours if written request is made to the committee. Tapes filed with the Legislative Reference Library shall be kept by the library for eight years after which they shall be delivered to the Director of the Minnesota Historical Society.

Any person may obtain a copy of such tape during the period in which it is maintained in the Legislative Reference Library upon payment of a fee determined by the Chief Clerk to be sufficient to cover the cost of the copy. Testimony and discussion preserved under this rule is not intended to be admissible in any court or administrative proceeding on an issue of legislative intent.

The report shall contain the action taken by the committee and the date of such action and shall be authenticated by the signature of the chair.

Before a committee reports favorably upon a bill or resolution, the chair shall see that the form of the bill or resolution conforms to the Joint Rules of the House and Senate and these Rules.

Except during the last seven legislative days in any year, the committee report and any minority report shall be placed in the hands of the Chief Clerk at least four hours prior to the convening of the daily session.

The Committee on Rules and Legislative Administration may report at any time.

If a majority of the members of a standing committee finds a bill referred to the committee to be of a non-controversial nature, the report to the House may recommend that the bill be placed upon a separate calendar to be known as the Consent Calendar.

6.08 COMMITTEE BILLS. Any standing or special committee of the House may introduce a bill as a committee bill on any subject within its purview.

6.09 SUBSTITUTION OF BILLS. No standing or special committee nor any of its members shall report a substitute for any bill referred to the committee if the substitute relates to a different subject, is intended to accomplish a different purpose, or would require a title essentially different from that of the original bill. Whenever the House is advised that a substitute bill reported to the House is in violation of this rule, the report shall not be adopted.

6.10 THE COMMITTEE ON ETHICS. The Speaker shall appoint a Committee on Ethics consisting of four members. An equal number of Two members from the majority group and, two from the minority group and one alternate from each group shall be appointed to the Ethics Committee. The committee shall adopt written procedures, which shall include due process requirements, for handling complaints and issuing guidelines.

A complaint may be brought for conduct by a member that violates a rule or administrative policy of the House, that violates accepted norms of House behavior, that betrays the public trust, or that tends to bring the House into dishonor or disrepute. Complaints A complaint regarding a member's conduct must present with specificity the factual evidence supporting the complaint. A complaint must be submitted in writing to the Speaker verified in writing, under oath and signed by two or more members of the House and shall be referred, and submitted to the Speaker. Before submitting the complaint to the Speaker, the complainants shall cause a copy of it and any supporting materials to be delivered to any member named in the complaint. Not later than seven days after receiving a complaint, the Speaker shall refer the complaint to the Ethics Committee within 15 days for processing by the committee according to its rules of procedure. Prior to referring the matter to the committee, the Speaker shall inform the member against whom a question of conduct has been raised of the complaint and the complainant's identity. The Speaker, the members making the complaint, the members of the committee, and employees of the House shall hold the complaint in confidence until the committee or the member subject of the complaint cause a public hearing to be scheduled.

The existence and substance of a complaint, including any supporting materials, and all proceedings, meetings, hearings, and records of the Ethics Committee are public; except that the committee, upon a majority vote of the whole committee, may meet in executive session to consider or determine the question of probable cause, to consider a member's medical or other health records, or to protect the privacy of a victim or a third party. A complaint of a breach of the confidentiality requirement by a member or employee of the House shall be immediately referred by the Speaker to the Ethics Committee for disciplinary action.

Ethics Committee recommendations for disciplinary action must be supported by clear and convincing evidence and shall be referred to the Committee on Rules and Legislative Administration, which may adopt, amend, or reject the recommendations of the Ethics Committee. Recommendations adopted by the Committee on Rules and Legislative Administration to expel, censure, or reprimand shall be reported to the House for final disposition.

6.11 CONFERENCE COMMITTEES. A conference committee may report at any time. No committee except a conference committee or the Committee on Rules and Legislative Administration shall sit during any daily session of the House without leave.

A conference committee report shall include only subject matter contained in the House or Senate versions of the bill for which that conference committee was appointed, or like subject matter contained in a bill passed by the House or Senate. The member presenting the conference committee report to the House shall disclose all substantive changes from the House version of the bill.

In regular session in 1995 except after Monday, May 15, and in 1996 except after ....., a written copy of a report of a conference committee shall be placed on the desk of each member of the House 24 hours before action on the report by the House. If the report has been reprinted in the Journal of the House for a preceding day and is available to the members, the Journal copy shall serve as the written report.

6.12 COMMITTEE BUDGETS AND EXPENSES. The Committee on Rules and Legislative Administration shall establish a budget for each standing committee of the House for expenses incurred by the committee, its members, or its staff in conducting its legislative business. Per diem expense allowances paid to members during sessions or at times set by the Speaker shall not be charged against the budget. No committee shall incur expenses in excess of its authorized budget.

Employees shall be reimbursed for actual expenses in the same manner as state employees.

During sessions, for travel away from the Capitol, members shall be reimbursed for actual expenses in the same manner as state employees in addition to per diem expense allowances.

All charges against the committee budget must be approved by the chair before payment is made.

6.13 PUBLIC TESTIMONY. Public testimony from proponents and opponents shall be allowed on every bill or resolution before either a standing committee, division or subcommittee of the House.

6.14 OPEN MEETING ENFORCEMENT. Any person may submit to the Speaker a complaint that a violation of the open meeting requirements of Rule 6.04 has occurred. The complaint must be submitted in writing. Upon receiving a complaint, the Speaker, or a person designated by the Speaker, shall investigate the complaint promptly. If the Speaker concludes, following investigation, that a violation of the open meeting rule may have occurred, the Speaker shall refer the complaint to the Committee on Ethics for further proceedings.

6.15 APPOINTMENTS TO BOARDS AND COMMISSIONS. Upon the convening of the biennial session, the Speaker shall notify all members of the House of each board or commission to which a member of the House may be appointed by the Speaker. The Speaker shall request advice from the minority leader regarding these appointments.

7.01 DUTIES AND PRIVILEGES OF THE SPEAKER. The Speaker shall preside over the House and shall have all the powers and be charged with all the duties of the presiding officer.

The Speaker shall preserve order and decorum. The Speaker or the chair of the Committee of the Whole may order the lobby or galleries cleared in the case of disorderly conduct or other disturbance.

The Speaker shall sign all acts, addresses, joint resolutions, writs, warrants and subpoenas of the House or issued by order of the House. The Speaker shall sign all abstracts for the payment of money out of the legislative expense fund of the House; but no money shall be paid out of the fund unless the abstract is also signed by the Controller of the House. Abstracts for compensation for members shall be signed by the Chief Clerk pursuant to law.

The Speaker shall appoint the Chief Sergeant at Arms or shall designate that officer from among the Sergeants at Arms elected by the House or appointed by the Committee on Rules and Legislative Administration.

When an elected office of the House becomes vacant, the Speaker shall designate a person to exercise the powers and discharge the duties of the office as necessary until a successor is elected by the House.

7.02 SPEAKER PRO TEMPORE. The Speaker shall appoint a member to preside, whenever the Speaker is absent, as Speaker pro tempore. In the absence of the Speaker and Speaker pro tempore, a member selected by the Speaker shall preside until the return of the Speaker or Speaker pro tempore. If desired, the Speaker may appoint cospeakers pro tempore.

7.03 DUTIES OF CHIEF CLERK. The Chief Clerk shall have general supervision of all clerical duties pertaining to the business of the House. The Chief Clerk shall perform under the direction of the Speaker all the duties pertaining to the office of Chief Clerk and shall keep records showing the status and progress of all bills, memorials and resolutions.

During a temporary absence of the Chief Clerk, the First Assistant Chief Clerk shall be delegated all the usual responsibilities of the Chief Clerk and is authorized to sign the daily journal, enrollments, abstracts and other legislative documents.

7.04 ENGROSSMENT AND ENROLLMENT. The Chief Clerk of the House shall have supervision over the engrossment and enrollment of bills. The Chief Clerk shall cause to be kept a record by file number of the bills introduced in the House which have passed both houses and been enrolled.

7.05 BUDGET AND FINANCIAL AFFAIRS. The House Controller shall prepare a biennial budget for the House which must be approved by the Committee on Rules and Legislative Administration before it is submitted to the Committee on Governmental Operations for consideration by the State Government Finance Division. By the 15th day of April, July, October, and January of each year, the House Controller shall submit a detailed report of House expenditures during the previous quarter to the Speaker and the Committee on Rules and Legislative Administration.

The House Controller shall arrange for the purchase of goods and services. The Controller shall seek the lowest possible prices consistent with satisfactory quality and dependability. A contract of the House, or an amendment to a contract, authorizing an expenditure in excess of $500 must be signed by the Speaker or the Controller. A contract, or an amendment to a contract, authorizing an expenditure of up to $500 may be executed by an employee authorized and directed in writing by the Controller to act for the Controller with respect to the contract or type of contract. A contract or amendment entered into in violation of this rule is not binding on the House.

7.06 BULLETIN BOARD. The Chief Clerk shall prepare a bulletin board upon which shall be posted a list of committee and subcommittee meetings and any other announcements or notices the House may require.

7.07 INDEX. The Index Clerk, under the supervision of the Chief Clerk, shall prepare an index in which bills may be indexed by topic, number, author, subject, section of the code amended, committees, and any other subject that will make it a complete and comprehensive index. The index shall be open for public inspection at all times during the session and shall be printed in the permanent Journal of the House.

7.09 SUCCESSOR IN OFFICE OF SPEAKER. When the office of Speaker becomes vacant, the Chair of the Committee on Rules and Legislative Administration shall exercise the powers and discharge the duties of the office as necessary, until a Speaker is elected by the House or until a speaker-designate is selected as provided in this Rule. The House shall elect a Speaker when the House is next called to order. If the Legislature is not in session, within 30 days after the office of Speaker becomes vacant the Committee on Rules and Legislative Administration shall meet and select a speaker-designate to exercise the powers and discharge the duties of the office as necessary until a Speaker is elected by the House.

8.01 APPOINTMENT OF EMPLOYEES. The Committee on Rules and Legislative Administration shall designate the position of and appoint each employee of the House and set the compensation of each officer and employee. A record of all such appointments, including positions and compensation, shall be kept in the office of the House Controller and shall be open for inspection by the public.

The Committee on Rules and Legislative Administration, by resolution, shall establish the procedure for filling vacancies when the Legislature is not in session.

Any employee of the House may be assigned to other duties, suspended or discharged at any time by the Committee on Rules and Legislative Administration.

9.01 RULE AS TO CONSTRUCTION. As used in these Rules the terms "majority vote" and "vote of the House" shall mean a majority of members present at the particular time. The term "vote of the whole House" shall mean a majority vote of all the members elected to the House for that particular session of the Legislature.

Singular words used in these Rules shall include the plural, unless the context indicates a contrary intention.

9.02 MEDIA NEWS REPORTERS. Accredited representatives of the press, press associations, and radio and television stations shall be accorded equal press privileges by the House. Any person wishing to report proceedings of the House may apply to the Committee on Rules and Legislative Administration for a press pass and assignment to suitable available space.

Television stations shall be permitted to televise sessions of the House. Media representatives shall be allowed access to both wells in the gallery of the House chambers.

9.03 DEADLINES. A bill prepared by a department or agency of state government shall be introduced and given its first reading in regular session no later than ten days before the date of the first committee deadline specified in this rule.

In regular session in 1995 1997, committee reports on bills House files favorably acted upon by a committee in the house of origin after Friday Wednesday, March 31 26, and committee reports on bills originating in the other house Senate files favorably acted upon by a committee after Friday Wednesday, April 7 9, shall be referred in the House of Representatives to the Committee on Rules and Legislative Administration for disposition. In 1996 regular session in 1998, committee reports on bills House files favorably acted upon by a committee of the house of origin after Friday, February 13, and committee reports on bills originating in the other house Senate files favorably acted upon by a committee after Friday, February 20; shall be referred in the House of Representatives to the Committee on Rules and Legislative Administration for disposition. However, referral is not required after the first deadline when, by the second deadline, a committee acts on a bill that is a companion to a bill that has then been acted upon by the first deadline in the Senate. A finance or revenue bill referred to in Rule 5.08 is exempt from the first and second deadlines.

A finance bill other than a major finance or revenue bill referred to in Rule 5.12 in finance committees and standing committees with finance divisions and the Committee on Taxes, that includes provisions that create or reestablish a commission, board, task force, advisory committee or council, or other entity, shall be re-referred to the Committee on Rules and Legislative Administration if it remains in committee after the deadlines set by this rule.

Committee reports on finance bills that are favorably acted upon by a committee after Friday, April 21 18, 1995 in regular session in 1997, and after Friday, February 27, in regular session in 1998, shall be referred to the Committee on Rules and Legislative Administration for disposition. This deadline does not apply to the House Committees on Taxes and Ways and Means.

In regular session in 1997 after Friday, May 2, and in regular session in 1998 after Friday, March 20, the House shall not act on bills other than those recommended by conference committee reports, the Committee on Rules and Legislative Administration, or the Committee on Ways and Means, and those bills contained in messages from the Senate or from the Governor.

In regular session in 1997 except after Thursday, May 15, and in regular session in 1998 except after Thursday, March 26, a written copy of a report of a conference committee shall be placed on the desk of each member of the House 12 hours before action on the report by the House. If the report has been reprinted in the Journal of the House for a preceding day and is available to the members, the Journal copy shall serve as the written report.

9.04 DISPOSITION OF BILLS. Adjournment of the regular session in 1995 the odd-numbered year to a day certain in 1996 the following even-numbered year shall be equivalent to daily adjournment except that any bill on the Consent Calendar, Calendar, Special Orders or General Orders shall be returned to the standing committee last acting on the bill.

9.05 AUTHORIZED MANUAL OF PARLIAMENTARY PROCEDURE. The rules of parliamentary procedure contained in "Mason's Manual of Legislative Procedure" shall govern the House in all applicable cases in which they are not inconsistent with these Rules, the Joint Rules of the Senate and House of Representatives, or established custom and usage.

10.01 SOLICITATIONS DURING LEGISLATIVE SESSION. No member of the House, nor the member's principal campaign committee, nor any other political committee with the member's name or title, nor any committee authorized by the member which would benefit the member, shall solicit or accept a contribution on behalf of the member's principal campaign committee, any other political committee with the member's name or title, or any political committee authorized by the member which would benefit the member, from a registered lobbyist, political committee, or political fund during the regular session of the House.

No member may accept compensation for lobbying.

10.02 ACCEPTANCE OF AN HONORARIUM BY A MEMBER. No member may accept an honorarium for any service performed for an individual or organization which has a direct interest in the business of the House, including, but not limited to, registered lobbyists or any organizations they represent. The term "honorarium" does not include reimbursement for expenses incurred and actually paid by a member in performing any service.

Alleged violations of this rule shall be referred to the Committee on Ethics under Rule 6.10. Upon finding that an honorarium was accepted in violation of this rule, the Committee on Ethics shall direct the return of the funds. If the funds are not returned, the committee may recommend disciplinary action under Rule 6.10.

10.03 ACCEPTANCE OF TRAVEL AND LODGING BY A MEMBER OR EMPLOYEE. A member or employee of the House shall not accept travel and lodging from any foreign government, private for-profit business, labor union, registered lobbyist, or any association thereof, except for expenses that relate to the member's or employee's participation as a legislator or legislative employee in a meeting or conference. This rule does not apply to travel and lodging provided to a member in the regular course of the member's employment or business.

10.04 DENIAL OF COMPENSATION. A member of the House may not receive compensation, mileage, or living expenses while the member is incarcerated or on home detention due to a criminal conviction.

Winter moved to amend the proposed Permanent Rules of the House for the 80th Session, as follows:

Page 36, line 20, after "on" insert "Capital Investment,"

Tuma and Olson, M., moved to amend the proposed Permanent Rules of the House for the 80th Sesson, as amended, as follows:

"6.11 CONFERENCE COMMITTEES. A conference committee may report at any time. No committee except a conference committee or the Committee on Rules and Legislative Administration shall sit during any daily session of the House without leave.

A conference committee report shall include only subject matter contained in the House or Senate versions of the bill for which that conference committee was appointed, or like subject matter contained in a bill passed by the House or Senate. A conference committee report on a major finance or revenue bill as defined in Rule 5.12 may not appropriate an aggregate amount greater than the greatest aggregate amount appropriated, either by the Senate or by the House, in the bill for which the conference committee was appointed. The member presenting the conference committee report to the House shall disclose all substantive changes from the House version of the bill.

In regular session in 1995 except after Monday, May 15, and in 1996 except after ....., a written copy of a report of a conference committee shall be placed on the desk of each member of the House 24 hours before action on the report by the House. If the report has been reprinted in the Journal of the House for a preceding day and is available to the members, the Journal copy shall serve as the written report."

A roll call was requested and properly seconded.

The question was taken on the Tuma and Olson, M., amendment and the roll was called. There were 62 yeas and 68 nays as follows:

Those who voted in the affirmative were:

Abrams	Finseth	Krinkie	Nornes	Seifert	Van Dellen
Anderson, B.	Goodno	Kuisle	Olson, M.	Smith	Vickerman
Bettermann	Gunther	Larsen	Osskopp	Stanek	Weaver
Boudreau	Haas	Leppik	Ozment	Stang	Westfall
Bradley	Harder	Lindner	Paulsen	Sviggum	Westrom
Broecker	Holsten	Macklin	Pawlenty	Swenson, D.	Wolf
Commers	Kielkucki	Mares	Reuter	Swenson, H.	Workman
Daggett	Knight	McElroy	Rhodes	Sykora
Dehler	Knoblach	Molnau	Rifenberg	Tingelstad
Dempsey	Koppendrayer	Mulder	Rostberg	Tompkins
Erhardt	Kraus	Ness	Seagren	Tuma

Those who voted in the negative were:

Anderson, I.	Farrell	Johnson, R.	Mariani	Otremba	Tomassoni
Bakk	Folliard	Juhnke	Marko	Paymar	Trimble
Biernat	Garcia	Kahn	McCollum	Pelowski	Tunheim
Carlson	Greenfield	Kalis	McGuire	Peterson	Wagenius
Chaudhary	Greiling	Kelso	Milbert	Pugh	Wejcman
Clark	Hasskamp	Kinkel	Mullery	Rest	Wenzel
Davids	Hausman	Koskinen	Munger	Schumacher	Winter
Dawkins	Hilty	Kubly	Murphy	Sekhon	Spk. Carruthers
Delmont	Huntley	Leighton	Olson, E.	Skare
Dorn	Jefferson	Lieder	Opatz	Skoglund
Entenza	Jennings	Long	Orfield	Slawik
Evans	Johnson, A.	Luther	Osthoff	Solberg

Sviggum moved to amend the proposed Permanent Rules of the House for the 80th Session, as amended, as follows:

"3.10 AMENDMENT NOT TO ANNEX ANOTHER BILL. Except in a standing committee or after the committee deadline in Rule 9.03 for Senate files, no bill or resolution shall at any time be amended by annexing or incorporating any other bill or resolution."

The motion did not prevail and the amendment was not adopted.

On the motion of Winter and on the demand of 10 members, a call of the House was ordered. The following members answered to their names:

Abrams	Erhardt	Kahn	Mares	Paulsen	Stang
Anderson, B.	Evans	Kalis	Mariani	Pawlenty	Sviggum
Anderson, I.	Farrell	Kelso	Marko	Paymar	Swenson, D.
Bakk	Finseth	Kielkucki	McCollum	Pelowski	Swenson, H.
Bettermann	Folliard	Kinkel	McElroy	Peterson	Sykora
Biernat	Garcia	Knight	McGuire	Pugh	Tingelstad
Bishop	Goodno	Knoblach	Milbert	Rest	Tomassoni
Boudreau	Greenfield	Koppendrayer	Molnau	Reuter	Tompkins
Bradley	Greiling	Koskinen	Mulder	Rhodes	Trimble
Broecker	Gunther	Kraus	Mullery	Rifenberg	Tuma
Carlson	Haas	Krinkie	Munger	Rostberg	Van Dellen
Chaudhary	Harder	Kubly	Murphy	Rukavina	Vickerman
Clark	Hasskamp	Kuisle	Ness	Schumacher	Wagenius
Commers	Hausman	Larsen	Nornes	Seagren	Weaver
Daggett	Hilty	Leighton	Olson, E.	Seifert	Wejcman
Davids	Holsten	Leppik	Olson, M.	Sekhon	Wenzel
Dawkins	Huntley	Lieder	Opatz	Skare	Westfall
Dehler	Jefferson	Lindner	Orfield	Skoglund	Westrom
Delmont	Jennings	Long	Osskopp	Slawik	Winter
Dempsey	Johnson, A.	Luther	Osthoff	Smith	Wolf
Dorn	Johnson, R.	Macklin	Otremba	Solberg	Workman
Entenza	Juhnke	Mahon	Ozment	Stanek	Spk. Carruthers

Winter moved that further proceedings of the roll call be suspended and that the Sergeant at Arms be instructed to bring in the absentees. The motion prevailed and it was so ordered.

Pawlenty moved to amend the proposed Permanent Rules of the House for the 80th Session, as amended, as follows:

Page 6, line 14, strike everything after the comma

Page 6, line 15, strike everything before "any"

Page 6, line 18, strike "General Orders" and insert "Special Orders for consideration by the House at a date and time certain within two legislative days"

Page 6, line 19, after "resolution" insert "and to make it a special order for consideration by the House at a date and time certain"

A roll call was requested and properly seconded.

Winter moved that those not voting be excused from voting. The motion prevailed.

There were 63 yeas and 69 nays as follows:

Those who voted in the affirmative were:

Abrams	Dempsey	Kraus	Ness	Seagren	Tuma
Anderson, B.	Erhardt	Krinkie	Nornes	Seifert	Van Dellen
Bettermann	Finseth	Kuisle	Olson, M.	Smith	Vickerman
Bishop	Goodno	Larsen	Osskopp	Stanek	Weaver
Boudreau	Gunther	Leppik	Ozment	Stang	Westfall
Bradley	Haas	Lindner	Paulsen	Sviggum	Westrom
Broecker	Harder	Macklin	Pawlenty	Swenson, D.	Wolf
Commers	Holsten	Mares	Reuter	Swenson, H.	Workman
Daggett	Kielkucki	McElroy	Rhodes	Sykora
Davids	Knoblach	Molnau	Rifenberg	Tingelstad
Dehler	Koppendrayer	Mulder	Rostberg	Tompkins

Those who voted in the negative were:

Anderson, I.	Folliard	Juhnke	Mariani	Otremba	Solberg
Bakk	Garcia	Kahn	Marko	Paymar	Tomassoni
Biernat	Greenfield	Kalis	McCollum	Pelowski	Trimble
Carlson	Greiling	Kelso	McGuire	Peterson	Tunheim
Chaudhary	Hasskamp	Kinkel	Milbert	Pugh	Wagenius
Clark	Hausman	Koskinen	Mullery	Rest	Wejcman
Dawkins	Hilty	Kubly	Munger	Rukavina	Wenzel
Delmont	Huntley	Leighton	Murphy	Schumacher	Winter
Dorn	Jefferson	Lieder	Olson, E.	Sekhon	Spk. Carruthers
Entenza	Jennings	Long	Opatz	Skare
Evans	Johnson, A.	Luther	Orfield	Skoglund
Farrell	Johnson, R.	Mahon	Osthoff	Slawik

The motion did not prevail and the amendment was not adopted.

Ness and Pawlenty moved to amend the proposed Permanent Rules of the House for the 80th Session, as amended, as follows:

Page 16, line 21, after the period, insert "A member may be the chief author on no more than 15 bills."

A roll call was requested and properly seconded.

The question was taken on the Ness and Pawlenty amendment and the roll was called.

Winter moved that those not voting be excused from voting. The motion prevailed.

There were 50 yeas and 82 nays as follows:

Those who voted in the affirmative were:

Journal of the House - 26th Day - Top of Page 1137
Anderson, B.	Farrell	Krinkie	Olson, M.	Sviggum	Weaver
Bettermann	Gunther	Kuisle	Osthoff	Swenson, D.	Westfall
Bishop	Haas	Lindner	Ozment	Swenson, H.	Westrom
Boudreau	Holsten	Luther	Pawlenty	Sykora	Wolf
Bradley	Kielkucki	Mares	Reuter	Tingelstad	Workman
Commers	Knight	McElroy	Rostberg	Tompkins
Daggett	Knoblach	Molnau	Seagren	Tuma
Dempsey	Koppendrayer	Ness	Stanek	Van Dellen
Erhardt	Kraus	Nornes	Stang	Vickerman

Those who voted in the negative were:

Abrams	Finseth	Johnson, R.	Mahon	Otremba	Skoglund
Bakk	Folliard	Juhnke	Mariani	Paulsen	Slawik
Biernat	Garcia	Kahn	Marko	Paymar	Smith
Broecker	Goodno	Kalis	McCollum	Pelowski	Solberg
Carlson	Greenfield	Kelso	McGuire	Peterson	Tomassoni
Chaudhary	Greiling	Kinkel	Milbert	Pugh	Trimble
Clark	Harder	Koskinen	Mulder	Rest	Tunheim
Davids	Hasskamp	Kubly	Mullery	Rhodes	Wagenius
Dawkins	Hausman	Larsen	Munger	Rifenberg	Wejcman
Dehler	Hilty	Leighton	Murphy	Rukavina	Wenzel
Delmont	Huntley	Leppik	Olson, E.	Schumacher	Winter
Dorn	Jefferson	Lieder	Opatz	Seifert	Spk. Carruthers
Entenza	Jennings	Long	Orfield	Sekhon
Evans	Johnson, A.	Macklin	Osskopp	Skare

The motion did not prevail and the amendment was not adopted.

Sviggum moved to amend the proposed Permanent Rules of the House for the 80th Session, as amended, as follows:

Page 36, line 30, delete "12" and insert "24"

A roll call was requested and properly seconded.

The question was taken on the Sviggum amendment and the roll was called.

Winter moved that those not voting be excused from voting. The motion prevailed.

There were 122 yeas and 10 nays as follows:

Those who voted in the affirmative were:

Abrams	Evans	Knight	McElroy	Pugh	Tomassoni
Anderson, B.	Farrell	Knoblach	McGuire	Rest	Tompkins
Anderson, I.	Finseth	Koppendrayer	Milbert	Reuter	Trimble
Bettermann	Folliard	Koskinen	Molnau	Rhodes	Tuma
Biernat	Garcia	Kraus	Mulder	Rifenberg	Tunheim
Bishop	Goodno	Krinkie	Mullery	Rostberg	Van Dellen
Boudreau	Greiling	Kubly	Munger	Schumacher	Vickerman
Bradley	Gunther	Kuisle	Ness	Seagren	Wagenius
Broecker	Haas	Larsen	Nornes	Seifert	Weaver
Carlson	Harder	Leighton	Olson, E.	Sekhon	Wejcman
Chaudhary	Hasskamp	Leppik	Olson, M.	Skare	Wenzel
Clark	Hausman	Lieder	Opatz	Slawik	Westfall
Commers	Hilty	Lindner	Osskopp	Smith	Westrom
Daggett	Holsten	Long	Osthoff	Solberg	Winter
Davids	Jefferson	Luther	Otremba	Stanek	Wolf
Journal of the House - 26th Day - Top of Page 1138
Dehler	Johnson, A.	Macklin	Ozment	Stang	Workman
Delmont	Johnson, R.	Mahon	Paulsen	Sviggum	Spk. Carruthers
Dempsey	Juhnke	Mares	Pawlenty	Swenson, D.
Dorn	Kelso	Mariani	Paymar	Swenson, H.
Entenza	Kielkucki	Marko	Pelowski	Sykora
Erhardt	Kinkel	McCollum	Peterson	Tingelstad

Those who voted in the negative were:

Bakk	Greenfield	Jennings	Kalis	Rukavina
Dawkins	Huntley	Kahn	Murphy	Skoglund

The motion prevailed and the amendment was adopted.

Knight moved to amend the proposed Permanent Rules of the House for the 80th Session, as amended, as follows:

Page 18, line 20, after the period, insert "In each bill that includes appropriations, each item of appropriation shall be accompanied by a projection of the cost of the object of the appropriation in the two succeeding bienniums."

A roll call was requested and properly seconded.

The question was taken on the Knight amendment and the roll was called.

Winter moved that those not voting be excused from voting. The motion prevailed.

There were 56 yeas and 77 nays as follows:

Those who voted in the affirmative were:

Anderson, B.	Finseth	Kraus	Nornes	Seagren	Van Dellen
Bettermann	Goodno	Krinkie	Olson, M.	Seifert	Vickerman
Bishop	Gunther	Kuisle	Osskopp	Smith	Weaver
Boudreau	Haas	Larsen	Ozment	Stanek	Westfall
Bradley	Harder	Lindner	Paulsen	Stang	Westrom
Broecker	Holsten	Macklin	Pawlenty	Sviggum	Workman
Commers	Kielkucki	Mares	Reuter	Swenson, D.
Daggett	Knight	McElroy	Rifenberg	Swenson, H.
Dehler	Knoblach	Molnau	Rostberg	Tingelstad
Erhardt	Koppendrayer	Mulder	Rukavina	Tuma

Those who voted in the negative were:

Abrams	Evans	Johnson, R.	Mahon	Osthoff	Solberg
Anderson, I.	Farrell	Juhnke	Mariani	Otremba	Sykora
Bakk	Folliard	Kahn	Marko	Paymar	Tomassoni
Journal of the House - 26th Day - Top of Page 1139
Biernat	Garcia	Kalis	McCollum	Pelowski	Tompkins
Carlson	Greenfield	Kelso	McGuire	Peterson	Trimble
Chaudhary	Greiling	Kinkel	Milbert	Pugh	Tunheim
Clark	Hasskamp	Koskinen	Mullery	Rest	Wagenius
Davids	Hausman	Kubly	Munger	Rhodes	Wejcman
Dawkins	Hilty	Leighton	Murphy	Schumacher	Wenzel
Delmont	Huntley	Leppik	Ness	Sekhon	Winter
Dempsey	Jefferson	Lieder	Olson, E.	Skare	Wolf
Dorn	Jennings	Long	Opatz	Skoglund	Spk. Carruthers
Entenza	Johnson, A.	Luther	Orfield	Slawik

The motion did not prevail and the amendment was not adopted.

Swenson, D., was excused for the remainder of today's session.

Van Dellen moved to amend the proposed Permanent Rules of the House of Representatives for the 80th Session, as amended, as follows:

Page 20, line 22, before the period, insert "and an amount to be set aside as a budget reserve"

A roll call was requested and properly seconded.

The question was taken on the Van Dellen amendment and the roll was called.

Winter moved that those not voting be excused from voting. The motion prevailed.

There were 63 yeas and 69 nays as follows:

Those who voted in the affirmative were:

Abrams	Dempsey	Koppendrayer	Mulder	Rostberg	Tuma
Anderson, B.	Erhardt	Kraus	Ness	Seagren	Van Dellen
Bettermann	Finseth	Krinkie	Nornes	Seifert	Vickerman
Bishop	Goodno	Kuisle	Olson, M.	Smith	Weaver
Boudreau	Gunther	Larsen	Osskopp	Stanek	Westfall
Bradley	Haas	Leppik	Ozment	Stang	Westrom
Broecker	Harder	Lindner	Paulsen	Sviggum	Wolf
Commers	Holsten	Macklin	Pawlenty	Swenson, H.	Workman
Daggett	Kielkucki	Mares	Reuter	Sykora
Davids	Knight	McElroy	Rhodes	Tingelstad
Dehler	Knoblach	Molnau	Rifenberg	Tompkins

Those who voted in the negative were:

Anderson, I.	Folliard	Juhnke	Mariani	Otremba	Solberg
Bakk	Garcia	Kahn	Marko	Paymar	Tomassoni
Biernat	Greenfield	Kalis	McCollum	Pelowski	Trimble
Carlson	Greiling	Kelso	McGuire	Peterson	Tunheim
Chaudhary	Hasskamp	Kinkel	Milbert	Pugh	Wagenius
Clark	Hausman	Koskinen	Mullery	Rest	Wejcman
Dawkins	Hilty	Kubly	Munger	Rukavina	Wenzel
Delmont	Huntley	Leighton	Murphy	Schumacher	Winter
Dorn	Jefferson	Lieder	Olson, E.	Sekhon	Spk. Carruthers
Entenza	Jennings	Long	Opatz	Skare
Evans	Johnson, A.	Luther	Orfield	Skoglund
Farrell	Johnson, R.	Mahon	Osthoff	Slawik