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SF 1496

1st Engrossment - 89th Legislature (2015 - 2016) Posted on 09/15/2015 01:17pm

KEY: stricken = removed, old language.
underscored = added, new language.

Current Version - 1st Engrossment

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A bill for an act
relating to unemployment insurance; adopting recommendations of the
Unemployment Insurance Advisory Council; making federal conformity, policy,
and technical changes; amending Minnesota Statutes 2014, sections 268.035,
subdivisions 6, 21b, 26, 30; 268.051, subdivision 7; 268.07, subdivisions 2, 3b;
268.085, subdivisions 1, 2; 268.095, subdivisions 1, 10; 268.105, subdivisions 3,
7; 268.136, subdivision 1; 268.188; 268.194, subdivision 1; repealing Minnesota
Statutes 2014, section 268.042, subdivision 4.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

ARTICLE 1

FEDERAL CONFORMITY

Section 1.

Minnesota Statutes 2014, section 268.07, subdivision 2, is amended to read:


Subd. 2.

Benefit account requirements.

(a) Unless paragraph (b) applies, to
establish a benefit account an applicant must have total wage credits in the applicant's four
quarter base period of at least: (1) $2,400; or (2) 5.3 percent of the state's average annual
wage rounded down to the next lower $100, whichever is higher.

(b) To establish a new benefit account deleted text begin within 52 calendar weeksdeleted text end following the
expiration of the benefit year on a prior benefit account, an applicant must have performed
services in covered employment and have been paid wages in one or more completed
calendar quarters that started after the effective date of the prior benefit account. The
wages paid for those services must be at least enough to meet the requirements of
paragraph (a). A benefit account under this paragraph may not be established effective
earlier than the Sunday following the end of the most recent completed calendar quarter in
which the requirements of paragraph (a) were met. One of the reasons for this paragraph
is to prevent an applicant from establishing a second benefit account as a result of one
loss of employment.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 2.

Minnesota Statutes 2014, section 268.136, subdivision 1, is amended to read:


Subdivision 1.

Shared work plan requirements.

An employer may submit a
proposed shared work plan for an employee group to the commissioner for approval in a
manner and format set by the commissioner. The proposed shared work plan must include:

(1) a certified statement that the normal weekly hours of work of all of the proposed
participating employees were full time or regular part time but are now reduced, or will be
reduced, with a corresponding reduction in pay, in order to prevent layoffs;

(2) the name and Social Security number of each participating employee;

(3) the number of layoffs that would have occurred absent the employer's ability to
participate in a shared work plan;

(4) a certified statement that each participating employee was first hired by the
employer at least one year before the proposed shared work plan is submitted and is not a
seasonal, temporary, or intermittent worker;

(5) the hours of work each participating employee will work each week for the
duration of the shared work plan, which must be at least 50 percent of the normal weekly
hours but no more than deleted text begin 90deleted text end new text begin 80new text end percent of the normal weekly hours, except that the plan
may provide for a uniform vacation shutdown of up to two weeks;

(6) a certified statement that any health benefits and pension benefits provided by
the employer to participating employees will continue to be provided under the same
terms and conditions as though the participating employees' hours of work each week had
not been reduced;

(7) a certified statement that the terms and implementation of the shared work plan is
consistent with the employer's obligations under state and federal law;

(8) an acknowledgement that the employer understands that unemployment benefits
paid under a shared work plan will be used in computing the future tax rate of a taxpaying
employer or charged to the reimbursable account of a nonprofit or government employer;

(9) the proposed duration of the shared work plan, which must be at least two months
and not more than one year, although a plan may be extended for up to an additional
year upon approval of the commissioner;

(10) a starting date beginning on a Sunday at least 15 calendar days after the date the
proposed shared work plan is submitted; and

(11) a signature of an owner or officer of the employer who is listed as an owner or
officer on the employer's account under section 268.045.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

ARTICLE 2

POLICY AND HOUSEKEEPING PROPOSALS

Section 1.

Minnesota Statutes 2014, section 268.035, subdivision 21b, is amended to
read:


Subd. 21b.

Preponderance of the evidence.

"Preponderance of the evidence"
means evidence in deleted text begin substantiationdeleted text end new text begin supportnew text end of a fact thatdeleted text begin , when weighed against the evidence
opposing the fact,
deleted text end is more convincing and has a greater probability of truthnew text begin than the
evidence opposing the fact
new text end .

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 2, 2015.
new text end

Sec. 2.

Minnesota Statutes 2014, section 268.07, subdivision 3b, is amended to read:


Subd. 3b.

Limitations on applications and benefit accounts.

(a) An application for
unemployment benefits is effective the Sunday of the calendar week that the application
was filed. An application for unemployment benefits may be backdated one calendar week
before the Sunday of the week the application was actually filed if the applicant requests
the backdating at the time the application is filed. An application may be backdated only
if the applicant was unemployed during the period of the backdating. If an individual
attempted to file an application for unemployment benefits, but was prevented from filing
an application by the department, the application is effective the Sunday of the calendar
week the individual first attempted to file an application.

(b) A benefit account established under subdivision 2 is effective the date the
application for unemployment benefits was effective.

(c) A benefit account, once established, may later be withdrawn only if:

(1) the applicant has not been paid any unemployment benefits on that benefit
account; and

(2) a new application for unemployment benefits is filed and a new benefit account is
established at the time of the withdrawal.

A determination or amended determination of eligibility or ineligibility issued under
section 268.101, that was sent before the withdrawal of the benefit account, remains in
effect and is not voided by the withdrawal of the benefit account.

(d) An application for unemployment benefits is not allowed before the Sunday
following the expiration of the benefit year on a prior benefit account. Except as allowed
under paragraph (c), an applicant may establish only one benefit account each 52 calendar
weeks.new text begin This paragraph also applies to benefit accounts established under any federal
law or the law of any other state.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 2, 2015.
new text end

Sec. 3.

Minnesota Statutes 2014, section 268.085, subdivision 1, is amended to read:


Subdivision 1.

Eligibility conditions.

An applicant may be eligible to receive
unemployment benefits for any week if:

(1) the applicant has filed a continued request for unemployment benefits for that
week under section 268.0865;

(2) the week for which unemployment benefits are requested is in the applicant's
benefit year;

(3) the applicant was unemployed as defined in section 268.035, subdivision 26;

(4) the applicant was available for suitable employment as defined in subdivision
15. The applicant's weekly unemployment benefit amount is reduced one-fifth for each
day the applicant is unavailable for suitable employment. This clause does not apply to
an applicant who is in reemployment assistance training, or each day the applicant is on
jury duty or serving as an election judge;

(5) the applicant was actively seeking suitable employment as defined in subdivision
16. This clause does not apply to an applicant who is in reemployment assistance training
or who was on jury duty throughout the week;

(6) the applicant has served a nonpayable period of one week that the applicant is
otherwise entitled to some amount of unemployment benefits. This clause does not apply
if the applicant would have been entitled to federal disaster unemployment assistance
because of a disaster in Minnesota, but for the applicant's establishment of a benefit
account under section 268.07; and

(7) the applicant has been participating in reemployment assistance services, such as
deleted text begin jobdeleted text end new text begin development of, and adherence to, a worknew text end search deleted text begin and resume writing classesdeleted text end new text begin plannew text end , if
the applicant has been deleted text begin determined in need of reemployment assistance servicesdeleted text end new text begin directed
to participate
new text end by the commissionerdeleted text begin , unlessdeleted text end new text begin . This clause does not apply ifnew text end the applicant
has good cause for failing to participate.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 2, 2015.
new text end

Sec. 4.

Minnesota Statutes 2014, section 268.085, subdivision 2, is amended to read:


Subd. 2.

Not eligible.

An applicant is ineligible for unemployment benefits for
any week:

(1) that occurs before the effective date of a benefit account;

(2) that the applicant, at the beginning of the week, has an outstanding fraud
overpayment balance under section 268.18, subdivision 2, including any penalties and
interest;

(3) that occurs in a period when the applicant is a student in attendance at, or on
vacation from a secondary school including the period between academic years or terms;

(4) that the applicant is incarcerated or performing court-ordered community service.
The applicant's weekly unemployment benefit amount is reduced by one-fifth for each day
the applicant is incarcerated or performing court-ordered community service;

(5) that the applicant fails or refuses to provide information on an issue of
ineligibility required under section 268.101;

(6) that the applicant is performing services 32 hours or more, in employment,
covered employment, noncovered employment, volunteer work, or self-employment
regardless of the amount of any earnings; or

(7) with respect to which the applicant deleted text begin is receiving, has received, ordeleted text end has filed an
application for unemployment benefits under any federal law or the law of any other
state. If the appropriate agency finally determines that the applicant is not entitled to deleted text begin the
unemployment benefits
deleted text end new text begin establish a benefit account under federal law or the law of any
other state
new text end , this clause does not apply.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 2, 2015.
new text end

Sec. 5.

Minnesota Statutes 2014, section 268.095, subdivision 1, is amended to read:


Subdivision 1.

Quit.

An applicant who quit employment is ineligible for all
unemployment benefits according to subdivision 10 except when:

(1) the applicant quit the employment because of a good reason caused by the
employer as defined in subdivision 3;

(2) the applicant quit the employment to accept other covered employment that
provided deleted text begin substantiallydeleted text end new text begin equal to ornew text end better terms and conditions of employment, but
the applicant did not work long enough at the second employment to have sufficient
subsequent earnings to satisfy the period of ineligibility that would otherwise be imposed
under subdivision 10 for quitting the first employment;

(3) the applicant quit the employment within 30 calendar days of beginning the
employment because the employment was unsuitable for the applicant;

(4) the employment was unsuitable for the applicant and the applicant quit to enter
reemployment assistance training;

(5) the employment was part time and the applicant also had full-time employment
in the base period, from which full-time employment the applicant separated because of
reasons for which the applicant deleted text begin was helddeleted text end new text begin isnew text end not deleted text begin to bedeleted text end ineligible, and the wage credits from
the full-time employment are sufficient to meet the minimum requirements to establish a
benefit account under section 268.07;

(6) the applicant quit because the employer notified the applicant that the applicant
was going to be laid off because of lack of work within 30 calendar days. An applicant
who quit employment within 30 calendar days of a notified date of layoff because of lack
of work is ineligible for unemployment benefits through the end of the week that includes
the scheduled date of layoff;

(7) the applicant quit the employment (i) because the applicant's serious illness or
injury made it medically necessary that the applicant quit; or (ii) in order to provide
necessary care because of the illness, injury, or disability of an immediate family member
of the applicant. This exception only applies if the applicant informs the employer of
the medical problem and requests accommodation and no reasonable accommodation
is made available.

If the applicant's serious illness is chemical dependency, this exception does not
apply if the applicant was previously diagnosed as chemically dependent or had treatment
for chemical dependency, and since that diagnosis or treatment has failed to make
consistent efforts to control the chemical dependency.

This exception raises an issue of the applicant's being available for suitable
employment under section 268.085, subdivision 1, that the commissioner must determine;

(8) the applicant's loss of child care for the applicant's minor child caused the
applicant to quit the employment, provided the applicant made reasonable effort to obtain
other child care and requested time off or other accommodation from the employer and no
reasonable accommodation is available.

This exception raises an issue of the applicant's being available for suitable
employment under section 268.085, subdivision 1, that the commissioner must determine;

(9) the applicant quit because domestic abuse, sexual assault, or stalking of the
applicant or an immediate family member of the applicant, necessitated the applicant's
quitting the employment.

For purposes of this subdivision:

(i) "domestic abuse" has the meaning given in section 518B.01;

(ii) "sexual assault" means an act that would constitute a violation of sections
609.342 to 609.3453 or 609.352; and

(iii) "stalking" means an act that would constitute a violation of section 609.749; or

(10) the applicant quit in order to relocate to accompany a spouse whose job location
changed making it impractical for the applicant to commute.new text begin This exception only applies
if the spouse's job is in the military or provides total wages and other compensation that
is equal to or better than the applicant's employment. When determining if total wages
and compensation are equal to or better than the applicant's employment, differences in
cost of living must be considered.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 2, 2015.
new text end

Sec. 6.

Minnesota Statutes 2014, section 268.095, subdivision 10, is amended to read:


Subd. 10.

Ineligibility duration.

(a) Ineligibility from the payment of all
unemployment benefits under subdivisions 1 and 4 is for the duration of the applicant's
unemployment and until the end of the calendar week that the applicant had total wages
paid new text begin for actual work performed new text end in subsequent covered employment sufficient to meet
one-half of the requirements of section 268.07, subdivision 2, paragraph (a).

(b) Ineligibility imposed under subdivisions 1 and 4 begins on the Sunday of the
week that the applicant became separated from employment.

(c) In addition to paragraph (a), if the applicant was discharged from employment
because of aggravated employment misconduct, wage credits from that employment are
canceled and cannot be used for purposes of a benefit account under section 268.07,
subdivision 2.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 2, 2015.
new text end

Sec. 7.

Minnesota Statutes 2014, section 268.105, subdivision 3, is amended to read:


Subd. 3.

Withdrawal of new text begin an new text end appeal.

(a) deleted text begin Anydeleted text end new text begin Annew text end appeal that is pending before
an unemployment law judge may be withdrawn by the appealing deleted text begin persondeleted text end new text begin partynew text end , or an
authorized representative of that deleted text begin persondeleted text end new text begin partynew text end , deleted text begin upondeleted text end new text begin bynew text end filing of a notice of withdrawal.new text begin A
notice of withdrawal may be filed by mail or by electronic transmission.
new text end

(b) The appeal must, by order, be dismissed if a notice of withdrawal is filed, unless
an unemployment law judge directs that further deleted text begin adjudication isdeleted text end new text begin proceedings arenew text end required
for a proper result.new text begin An order of dismissal issued as a result of a notice of withdrawal is
not subject to reconsideration or appeal.
new text end

(c) deleted text begin A notice of withdrawal may be filed by mail or by electronic transmission.deleted text end new text begin A
party may file a new appeal after the order of dismissal, but the original 20-calendar-day
period for appeal begins from the date of issuance of the determination and that time
period is not suspended or restarted by the notice of withdrawal and order of dismissal.
The new appeal may only be filed by mail or facsimile transmission.
new text end

new text begin (d) For purposes of this subdivision, "appeals" includes a request for reconsideration
filed under subdivision 2.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 2, 2015.
new text end

Sec. 8.

Minnesota Statutes 2014, section 268.105, subdivision 7, is amended to read:


Subd. 7.

Judicial review.

(a) The Minnesota Court of Appeals must, by writ
of certiorari to the department, review the unemployment law judge's decision on
reconsideration, provided a petition for the writ is filed with the court and a copy is served
upon the unemployment law judge or the commissioner and any other party within 30
calendar days of the sending of the unemployment law judge's decision on reconsideration
under subdivision 2.new text begin Three days are added to the 30-calendar-day period if the decision on
reconsideration was mailed to the parties.
new text end

(b) Any employer petitioning for a writ of certiorari must pay to the court the
required filing fee in accordance with the Rules of Civil Appellate Procedure. If the
employer requests a written transcript of the testimony received at the hearing conducted
under subdivision 1, the employer must pay to the department the cost of preparing the
transcript. That money is credited to the administration account.

(c) Upon issuance by the Minnesota Court of Appeals of a writ of certiorari as a
result of an applicant's petition, the department must furnish to the applicant at no cost a
written transcript of any testimony received at the hearing conducted under subdivision 1,
and, if requested, a copy of all exhibits entered into evidence. No filing fee or cost bond is
required of an applicant petitioning the Minnesota Court of Appeals for a writ of certiorari.

(d) The Minnesota Court of Appeals may affirm the decision of the unemployment
law judge or remand the case for further proceedings; or it may reverse or modify the
decision if the substantial rights of the petitioner may have been prejudiced because the
findings, inferences, conclusion, or decision are:

(1) in violation of constitutional provisions;

(2) in excess of the statutory authority or jurisdiction of the department;

(3) made upon unlawful procedure;

(4) affected by other error of law;

(5) unsupported by substantial evidence in view of the entire record as submitted; or

(6) arbitrary or capricious.

(e) The department is considered the primary responding party to any judicial action
involving an unemployment law judge's decision. The department may be represented by
an attorney licensed to practice law in Minnesota who is an employee of the department.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 2, 2015.
new text end

Sec. 9.

Minnesota Statutes 2014, section 268.188, is amended to read:


268.188 SUBPOENAS; OATHS.

(a) The commissioner new text begin or an unemployment law judge new text end has authority to administer
oaths and affirmations, take depositions, certify to official acts, and issue subpoenas to
compel the attendance of individuals and the production of documents and other personal
property necessary in connection with the administration of the Minnesota unemployment
insurance program.

(b) Individuals subpoenaed, other than applicants or officers and employees of an
employer that is the subject of the inquiry, are paid witness fees the same as witness fees
in civil actions in district court. The fees need not be paid in advance.

(c) The subpoena is enforceable through the district court in Ramsey County.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 2, 2015.
new text end

Sec. 10. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2014, section 268.042, subdivision 4, new text end new text begin is repealed.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 2, 2015.
new text end

ARTICLE 3

STYLE AND TECHNICAL CHANGES

Section 1.

Minnesota Statutes 2014, section 268.035, subdivision 6, is amended to read:


Subd. 6.

Benefit year.

"Benefit year" means the period of 52 calendar weeks
beginning the date a benefit account is effective. For a benefit account established
effective any January 1, April 1, July 1, new text begin or new text end October 1, deleted text begin or January 2, 2000, or October 2,
2011,
deleted text end the benefit year will be a period of 53 calendar weeks.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 2, 2015.
new text end

Sec. 2.

Minnesota Statutes 2014, section 268.035, subdivision 26, is amended to read:


Subd. 26.

Unemployed.

An applicant is considered "unemployed" deleted text begin (1)deleted text end in any week
thatnew text begin :
new text end

new text begin (1)new text end the applicant performs less than 32 hours of service in employment, covered
employment, noncovered employment, self-employment, or volunteer work; and

(2) any earnings with respect to that week are less than the applicant's weekly
unemployment benefit amount.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 2, 2015.
new text end

Sec. 3.

Minnesota Statutes 2014, section 268.035, subdivision 30, is amended to read:


Subd. 30.

Wages paid.

(a) "Wages paid" means the amount of wagesnew text begin :
new text end

new text begin (1)new text end that have been actually paidnew text begin ;new text end or

new text begin (2)new text end that have been credited to or set apart so that payment and disposition is under
the control of the employee.

new text begin (b)new text end Wage payments delayed beyond the regularly scheduled pay date are considered
"wages paid" on the missed pay date. Back pay is considered "wages paid" on the date
of actual payment. Any wages earned but not paid with no scheduled date of payment is
considered "wages paid" on the last day of employment.

deleted text begin (b)deleted text end new text begin (c)new text end Wages paid does not include wages earned but not paid except as provided
for in this subdivision.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 2, 2015.
new text end

Sec. 4.

Minnesota Statutes 2014, section 268.051, subdivision 7, is amended to read:


Subd. 7.

Tax rate buydown.

(a) Any taxpaying employer that has been assigned
a tax rate based upon an experience rating, and has no amounts past due under this
chapter, may, upon the payment of an amount equivalent to any portion or all of the
unemployment benefits used in computing the experience rating plus a surcharge of 25
percent, obtain a cancellation of unemployment benefits used equal to the payment made,
less the surcharge. The payment is applied to the most recent unemployment benefits paid
that are used in computing the experience rating. Upon the payment, the commissioner
must compute a new experience rating for the employer, and compute a new tax rate.

(b) Payments for a tax rate buydown may be made only by electronic payment
and must be received within 120 calendar days from the beginning of the calendar year
for which the tax rate is effective.

deleted text begin (c) For calendar years 2011, 2012, and 2013, the surcharge of 25 percent provided
for in paragraph (a) does not apply.
deleted text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 2, 2015.
new text end

Sec. 5.

Minnesota Statutes 2014, section 268.07, subdivision 2, is amended to read:


Subd. 2.

Benefit account requirements.

(a) Unless paragraph (b) applies, to
establish a benefit account an applicant must have total wage credits in the applicant's four
quarter base period of at leastdeleted text begin : (1) $2,400; or (2)deleted text end 5.3 percent of the state's average annual
wage rounded down to the next lower $100deleted text begin , whichever is higherdeleted text end .

(b) To establish a new benefit account within 52 calendar weeks following the
expiration of the benefit year on a prior benefit account, an applicant must have performed
deleted text begin servicesdeleted text end new text begin actual worknew text end in new text begin subsequent new text end covered employment and have been paid wages in one
or more completed calendar quarters that started after the effective date of the prior benefit
account. The wages paid for deleted text begin those servicesdeleted text end new text begin that employmentnew text end must be at least enough to
meet the requirements of paragraph (a). A benefit account under this paragraph may not
be established effective earlier than the Sunday following the end of the most recent
completed calendar quarter in which the requirements of paragraph (a) were met. deleted text begin One
of the reasons for this paragraph is to prevent
deleted text end An applicant deleted text begin from establishingdeleted text end new text begin may not
establish
new text end a second benefit account as a result of one loss of employment.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 2, 2015.
new text end

Sec. 6.

Minnesota Statutes 2014, section 268.194, subdivision 1, is amended to read:


Subdivision 1.

Establishment.

There is established as a special state trust fund,
separate and apart from all other public money or funds of this state, an unemployment
insurance trust fund, that is administered by the commissioner exclusively for the payment
of unemployment benefits. This trust fund consists of:

(1) all taxes collected;

(2) interest earned upon any money in the trust fund;

(3) reimbursements paid by nonprofit organizations and the state and political
subdivisions;

(4) tax rate buydown payments under section 268.051, subdivision 7;

(5) any money received as a loan from the federal unemployment trust fund in
accordance with United States Code, title 42, section 1321, of the Social Security Act;

(6) any other money received under a reciprocal unemployment benefit arrangement
with the federal government or any other state;

(7) money recovered on overpaid unemployment benefits deleted text begin except, if allowed by
federal law, five percent of any recovered amount is credited to the administration account
deleted text end ;

(8) all money credited to the account under this chapter;

(9) all money credited to the account of Minnesota in the federal unemployment
trust fund under United States Code, title 42, section 1103, of the Social Security Act,
also known as the Reed Act; and

(10) all money received for the trust fund from any other source.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 2, 2015.
new text end