HF 648

SECOND ENGROSSMENT

Unemployment Insurance policy, housekeeping, and style modifications provided; administrative rules incorporated into statute; and fraud penalties modified.

ARTICLE 1: POLICY CHANGES

Section 1: Base period language modified.

Section 2: "Filing; filed" language modified.

Section 3: Determination coverage language modified.

Section 4: Exceptions for all employers language modified.

Section 5: Notice of unemployment benefits paid language modified.

Section 6: Payments language modified.

Section 7: Tax rate for new employers language modified.

Section 8: Notice of tax rate language modified.

Section 9: Determination and appeal language modified.

Section 10: Credit adjustments, refunds language modified.

Section 11: Personal liability language modified.

Section 12: Benefit account requirements and weekly unemployment benefit amount and maximum amount of unemployment benefits language modified.

Section 13: Not eligible language modified.

Section 14: Payments that delay unemployment benefits language modified.

Section 15: Quit language modified.

Section 16: Employment misconduct definition modified.

Section 17: Evidentiary hearing by an unemployment law judge language modified.

Section 18: Overpayment because of fraud language modified.

Section 19: Establishment language modified.

Section 20: Administration account language modified.

Section 21: Maximum weekly benefit amount provided.

Section 22: Repealer provided.

ARTICLE 2: POLICY AND TECHNICAL CHANGES

Section 1: State's average annual and average weekly wage language modified.

Section 2: Payments by electronic payment required language modified.

Section 3: Notice and right to hearing language modified.

Section 4: Determination of liability language modified.

Section 5: Application for unemployment benefits; determination of benefit account language modified.

Section 6: Right of appeal language modified.

Section 7: Deductible earnings language modified.

Section 8: Overpayment language modified.

Section 9: Request for reconsideration language modified.

Section 10: Decisions language modified.

Section 11: Cooperation with other states on combining wages language modified.

Section 12: Nonfraud overpayment language modified.

Section 13: Interest language modified.

Section 14: Cancellation of overpayments language modified.

Section 15: Administrative penalties (applicant) language modified.

Section 16: Administrative penalties (employer) language modified.

Section 17: Notification and misreporting penalties language modified.

Section 18: Day of the week and date requirement language added.

ARTICLE 3: HOUSEKEEPING PROVISIONS

Section 1: Scope definition modified.

Section 2: Employer definition modified.

Section 3: Taxable wages definition modified.

Section 4: Wage detail report language modified.

Section 5: Missing or erroneous information language modified.

Section 6: Computation of tax rates; additional assessments language modified.

Section 7: Computation of a taxpaying employer's experience rating language modified.

Section 8: Experience rating history transfer language modified.

Section 9: Tax rate buydown language modified.

Section 10: Special assessment for interest on federal loan language modified.

Section 11: Cancellation of amounts due from an employer language modified.

Section 12: Limitations on applications and benefit accounts language modified.

Section 13: Eligibility conditions language modified.

Section 14: Business owners language modified.

Section 15: offers of suitable employment language modified.

Section 16: Continued request for unemployment benefits denied language modified.

Section 17: In-person continued request for unemployment benefits language modified.

Section 18: Oaths; subpoenas (law judge) language modified.

Section 19: Subpoenas' Oaths (commissioner) language modified.

Section 20: Use of data language modified.

Section 21: Commissioner of finance to be custodian; separate accounts language modified.

Section 22: Exclusive use language modified.

Section 23: Contingent account language modified.

Section 24: Revisor's instruction language provided.

Section 25: Effective date provided.

Article 4: ADMINISTRATIVE RULES INCORPORATED INTO STATUTES
Section 1: Statement of intent provided.

Section 2: Employment definition modified.

Section 3: Trucking industry/independent contractors language provided.

Section 4: Wages definition modified.

Section 5: Employer registration language modified.

Section 6: Repealer provided.

Section 7: Effective date provided.

ARTICLE 5: TERMINOLOGY CHANGE

Section 1: Statement of intent provided.

Section 2: Covered employment definition modified.

Section 3: Requirements language modified.

Section 4: Discharge language modified.

Section 5: Act or omissions after separation language modified.

Section 6: Ineligibility duration language modified.

Section 7: Determinations on issues of ineligibility language modified.

Section 8: Eligibility conditions language modified.

Section 9: Revisor's instruction provided.

Section 10: Effective date provided.

ARTICLE 6: STYLE CHANGES

Section 1: Statement of intent provided.

Section 2: Citation; Minnesota unemployment insurance law language modified.

Section 3: Statement language modified.

Section 4: Standard of proof language modified.

Section 5: Construction/independent contractor language modified.

Section 6: Corporation definition modified.

Section 7: Covered agricultural employment definition modified.

Section 8: Employee definition modified.

Section 9: Noncovered employment definition modified.

Section 10: Reemployment assistance training language modified.

Section 11: Suitable employment definition modified.

Section 12: Unemployed language modified.

Section 13: Wages paid definition modified.

Section 14: Election to have noncovered employment considered covered employment language modified.

Section 15: Authorization language modified.

Section 16: single member limited liability companies language modified.

Section 17: Electronic transmission of report required language modified.

Section 18: Failure to timely file report; late fees language modified.

Section 19: Fees language modified.

Section 20: Account for each employer language modified.

Section 21: Tax and reimbursable accounts assigned to employee leasing companies, professional employer organizations, or similar person language modified.

Section 22: General rule language modified.

Section 23: Exceptions for taxpaying employers language modified.

Section 24: Actions that avoid taxes language modified.

Section 25: Assessments, fees, and surcharges; treatment language modified.

Section 26: Payments language modified.

Section 27: Election by state or political subdivision to be a taxpaying employer language modified.

Section 28: Method of payment by state language modified.

Section 29: Method of payment by political subdivision language modified.

Section 30: Considered an election language modified.

Section 31: Indian tribes definition modified.

Section 32: Election language modified.

Section 33: Payments language modified.

Section 34: Amount computed presumed correct language modified.

Section 35: Priority of payments language modified.

Section 36: Estimating the tax due language modified.

Section 37: Costs language modified.

Section 38: Interest on amounts past due language modified.

Section 39: Interest on judgments language modified.

Section 40: Priorities under legal dissolutions or distributions language modified.

Section 41: Lien, levy, setoff, and civil action language modified.

Section 42: Garnishment for delinquent taxes and unemployment benefit overpayments language modified.

Section 43: Licensing authority; duties language modified.

Section 44: Liability for debts upon acquisition language modified.

Section 45: Subcontractors language modified.

Section 46: Compromise language modified.

Section 47: No election of remedy language modified.

Section 48: Notice to workers language modified.

Section 49: Unemployment benefits paid from state funds language modified.

Section 50: Common law language modified.

Section 51: Personal identification number; presumption language modified.

Section 52: Workers' compensation and disability insurance offset language modified.

Section 53: Social Security benefits language modified.

Section 54: Receipt of back pay language modified.

Section 55: School employees language modified.

Section 56: Services for school contractors language modified.

Section 57: Athletes and coaches language modified.

Section 58: Aliens language modified.

Section 59: Suspension from employment language modified.

Section 60: Leave of absence language modified.

Section 61: Labor dispute language modified.

Section 62: Actively seeking suitable employment definition modified.

Section 63: Active benefit account language modified.

Section 64: Methods for filing continued biweekly requests for unemployment benefits language modified.

Section 65: Continued biweekly request for unemployment benefits by electronic transmission language modified.

Section 66: Continued biweekly request for unemployment benefits by mail language modified.

Section 67: Good cause language modified.

Section 68: Good cause definition modified.

Section 69: Unemployment benefits due deceased persons language modified.

Section 70: Quit definition modified.

Section 71: Good reason caused by the employer definition modified.

Section 72: Discharge definition modified

Section 73: Aggravated employment misconduct definition modified.

Section 74: Application language modified.

Section 75: In commissioner's discretion language modified.

Section 76: Applicant's appeal by mail language modified.

Section 77: Withdrawal of appeal language modified.

Section 78: Use of evidence; data privacy language modified.

Section 79: Representation; fees language modified.

Section 80: Judicial review language modified.

Section 81: Extended unemployment benefits language modified.

Section 82: Weekly unemployment benefit amount language modified.

Section 83: Maximum amount of unemployment benefits language modified.

Section 84: Shared work plan definitions modified.

Section 85: Notification language modified.

Section 86: Transfer of funds language modified.

Section 87: Correction of errors language modified.

Section 88: Child support deducted from unemployment benefits language modified.

Section 89: Remedies language modified.

Section 90: Collection of overpayments language modified.

Section 91: Criminal penalties language modified.

Section 92: Records; audits language modified.

Section 93: Wage detail data language modified.

Section 94: Employer information; absolute privilege language modified.

Section 95: Protection of rights language modified.

Section 96: Reimbursements language modified.

Section 97: Reed Act money language modified.

Section 98: Borrowing federal funds language modified.

Section 99: representation in court language modified.

Section 100: Nonliability of state language modified.

Section 101: Saving clause language modified.

Section 102: Severable language modified.

Section 103: Effective date provided.

JAJ 3/5/7