1.1    .................... moves to amend H.F. No. 829, the third engrossment, as follows:
1.2Page 71, after line 22, insert:

1.3    "Sec. 19. Minnesota Statutes 2006, section 548.091, subdivision 1a, is amended to read:
1.4    Subd. 1a. Child support judgment by operation of law. (a) Any payment or
1.5installment of support required by a judgment or decree of dissolution or legal separation,
1.6determination of parentage, an order under chapter 518C, an order under section 256.87,
1.7or an order under section 260B.331 or 260C.331, that is not paid or withheld from the
1.8obligor's income as required under section 518A.53, or which is ordered as child support
1.9by judgment, decree, or order by a court in any other state, is a judgment by operation of
1.10law on and after the date it is due, is entitled to full faith and credit in this state and any
1.11other state, and shall be entered and docketed by the court administrator on the filing of
1.12affidavits as provided in subdivision 2a. Except as otherwise provided by paragraph (b),
1.13interest accrues from the date the unpaid amount due is greater than the current support
1.14due at the annual rate provided in section 549.09, subdivision 1, plus two percent, not to
1.15exceed an annual rate of 18 percent rate of six percent annually. A payment or installment
1.16of support that becomes a judgment by operation of law between the date on which a party
1.17served notice of a motion for modification under section 518A.39, subdivision 2, and the
1.18date of the court's order on modification may be modified under that subdivision.
1.19    (b) Notwithstanding the provisions of section 549.09, upon motion to the court and
1.20upon proof by the obligor of 12 consecutive months of complete and timely payments
1.21of both current support and court-ordered paybacks of a child support debt or arrearage,
1.22the court may order interest on the remaining debt or arrearage to stop accruing. Timely
1.23payments are those made in the month in which they are due. If, after that time, the obligor
1.24fails to make complete and timely payments of both current support and court-ordered
1.25paybacks of child support debt or arrearage, the public authority or the obligee may move
1.26the court for the reinstatement of interest as of the month in which the obligor ceased
1.27making complete and timely payments.
2.1    The court shall provide copies of all orders issued under this section to the public
2.2authority. The state court administrator shall prepare and make available to the court and
2.3the parties forms to be submitted by the parties in support of a motion under this paragraph.
2.4    (c) Notwithstanding the provisions of section 549.09, upon motion to the court,
2.5the court may order interest on a child support debt or arrearage to stop accruing where
2.6the court finds that the obligor is:
2.7    (1) unable to pay support because of a significant physical or mental disability;
2.8    (2) a recipient of Supplemental Security Income (SSI), Title II Older Americans
2.9Survivor's Disability Insurance (OASDI), other disability benefits, or public assistance
2.10based upon need; or
2.11    (3) institutionalized or incarcerated for at least 30 days for an offense other than
2.12nonsupport of the child or children involved, and is otherwise financially unable to pay
2.13support.
2.14    (d) If the conditions in paragraph (c) no longer exist, upon motion to the court, the
2.15court may order interest accrual to resume retroactively from the date of service of the
2.16motion to resume the accrual of interest."
2.17Page 72, line 35, after the period insert "Notwithstanding this section, the annual
2.18interest rate applicable to child support judgments is established in section 548.091,
2.19subdivision 1a."
2.20Renumber the sections in sequence and correct the internal references
2.21Amend the title accordingly