1.1 	A bill for an act
1.2 	relating to unemployment insurance; providing for extended unemployment 
1.3 	benefits under certain circumstances; regulating benefit amounts; regulating 
1.4 	eligibility for benefits; amending Minnesota Statutes 2006, section 268.125, 
1.5 	subdivisions 1, 2, by adding a subdivision; Minnesota Statutes 2007 Supplement, 
1.6 	sections 268.047, subdivision 1; 268.085, subdivisions 3, 16; 268.125, 
1.7 	subdivision 3; 268.19, subdivision 1.
1.8 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.9 	Section 1. Minnesota Statutes 2007 Supplement, section 268.047, subdivision 1, 
1.10 	is amended to read:
1.11 		Subdivision 1.General rule. Unemployment benefits paid to an applicant, 
1.12 	including extended, additional, and shared work benefits,  will be used in computing 
1.13 	the future tax rate of a taxpaying base period employer or charged to the reimbursable 
1.14 	account of a base period nonprofit or government employer that has elected to be liable for 
1.15 	reimbursements except as provided in subdivisions 2 and 3. The amount of unemployment 
1.16 	benefits used in computing the future tax rate of taxpaying employers or charged to the 
1.17 	reimbursable account of a nonprofit or government employer that has elected to be liable 
1.18 	for reimbursements  is the same percentage of the total amount of unemployment benefits 
1.19 	paid as the percentage of wage credits from the employer is of the total amount of wage 
1.20 	credits from all the applicant's base period employers.
1.21 	In making computations under this subdivision, the amount of wage credits, if not a 
1.22 	whole dollar,  must be computed to the nearest whole dollar.

1.23 	Sec. 2. Minnesota Statutes 2007 Supplement, section 268.085, subdivision 3, is 
1.24 	amended to read:
2.1 		Subd. 3.Payments that delay unemployment benefits. (a) An applicant is not 
2.2 	eligible to receive unemployment benefits for any week with respect to which the applicant 
2.3 	is receiving, has received, or has filed for payment, equal to or in excess of the applicant's 
2.4 	weekly unemployment benefit amount, in the form of:
2.5 	(1) vacation pay paid upon temporary, indefinite, or seasonal separation. This clause 
2.6 	does not apply to (i) vacation pay paid upon a permanent separation from employment, or 
2.7 	(ii) vacation pay paid from a vacation fund administered by a union or a third party not 
2.8 	under the control of the employer;
2.9 	(2) severance pay, bonus pay, sick pay, and any other payments, except earnings 
2.10 	under subdivision 5, and back pay under subdivision 6, paid by an employer because of, 
2.11 	upon, or after separation from employment, but only if the payment is considered wages at 
2.12 	the time of payment under section 268.035, subdivision 29; or
2.13 	(3) pension, retirement, or annuity payments from any plan contributed to by a base 
2.14 	period employer including the United States government, except Social Security benefits 
2.15 	that are provided for in subdivision 4. The base period employer is considered to have 
2.16 	contributed to the plan if the contribution is excluded from the definition of wages under 
2.17 	section 268.035, subdivision 29, clause (1).
2.18 	An applicant is not considered to have received the lump sum payment if the 
2.19 	applicant immediately deposits that payment in a qualified pension plan or account.
2.20 	(b) This subdivision applies to all the weeks of payment. Payments under paragraph 
2.21 	(a), clauses (1) and (2), are applied to the period immediately following the last day 
2.22 	of employment and. The number of weeks of payment, for purposes of those clauses,
2.23 	is determined as follows:
2.24 	(1) if the payments are made periodically, the total of the payments to be received is 
2.25 	divided by the applicant's last level of regular weekly pay from the employer; or
2.26 	(2) if the payment is made in a lump sum, that sum is divided by the applicant's last 
2.27 	level of regular weekly pay from the employer.
2.28 	(c) If the payment is less than the applicant's weekly unemployment benefit amount, 
2.29 	unemployment benefits are reduced by the amount of the payment. If the computation 
2.30 	of reduced unemployment benefits is not a whole dollar, it is rounded down to the next 
2.31 	lower whole dollar.

2.32 	EFFECTIVE DATE. This section is effective the day following final enactment.

2.33 	Sec. 3. Minnesota Statutes 2007 Supplement, section 268.085, subdivision 16, is 
2.34 	amended to read:
3.1 		Subd. 16.Actively seeking suitable employment defined. (a) "Actively seeking 
3.2 	suitable employment" means those reasonable, diligent efforts an individual in similar 
3.3 	circumstances would make if genuinely interested in obtaining suitable employment under 
3.4 	the existing conditions in the labor market area. Limiting the search to positions that are 
3.5 	not available or are above the applicant's training, experience, and qualifications is not 
3.6 	"actively seeking suitable employment."
3.7 	(b) To be considered "actively seeking suitable employment" an applicant must, 
3.8 	when reasonable, contact those employers from whom the applicant was laid off because 
3.9 	of lack of work and request suitable employment.
3.10 	(c) If reasonable prospects of suitable employment in the applicant's usual or 
3.11 	customary occupation do not exist, the applicant must actively seek other suitable 
3.12 	employment to be considered "actively seeking suitable employment." This applies to an 
3.13 	applicant who is seasonally unemployed.
3.14 	(d) An applicant who is seeking employment only through a union is not considered
3.15 	actively seeking suitable employment unless if the applicant is in an occupation where 
3.16 	it is required by union rule that all the hiring in that locality is done through the 
3.17 	union or that all members are. If the applicant is a union member who is restricted 
3.18 	to obtaining employment among signatory contractors in the construction industry, 
3.19 	seeking employment only with those signatory contractors is considered actively seeking 
3.20 	employment. The applicant must be a union member in good standing, registered with 
3.21 	the union for employment, and in compliance with other union rules to be considered 
3.22 	"actively seeking suitable employment."

3.23 	EFFECTIVE DATE. This section is effective the day following final enactment.

3.24 	Sec. 4. Minnesota Statutes 2006, section 268.125, subdivision 1, is amended to read:
3.25 		Subdivision 1.Additional unemployment benefits; when available. Additional 
3.26 	unemployment benefits are available if:
3.27 	(1)  a county had a total unemployment rate for the prior 12-calendar month period of 
3.28 	at least 1.8 times the state average unemployment rate for the prior 12-calendar month 
3.29 	period and the state average unemployment rate for the same 12-calendar month period 
3.30 	was at least 4.6 percent. The commissioner must calculate the applicable unemployment 
3.31 	rates within 30 calendar days following the end of the month. Once it has been calculated 
3.32 	that the total unemployment rate in a county equals or exceeds 1.8 times the state average 
3.33 	unemployment rate for the prior 12-calendar month period, the additional benefits are 
3.34 	available beginning the Sunday following the date of calculation and continuing for a 
3.35 	minimum of 13 calendar weeks; or 
4.1 	(2) (i) at a facility that had 100 or more employees, the employer reduced operations, 
4.2 	resulting within a one-month period in the layoff of 50 percent or more of the facility's 
4.3 	work force, including reductions caused as a result of a major natural disaster declared by 
4.4 	the president;
4.5 	(2)(ii) the employer has no expressed plan to resume operations that would lead to 
4.6 	the reemployment of those employees in the immediate future; and
4.7 	(3)(iii) the seasonally adjusted unemployment rate in the county that the facility 
4.8 	is located was ten percent or more during the month of the reduction or any of the three 
4.9 	months before or after the month of the reduction.

4.10 	EFFECTIVE DATE. This section is effective the day following final enactment 
4.11 	and applies retroactively from January 1, 2008.

4.12 	Sec. 5. Minnesota Statutes 2006, section 268.125, subdivision 2, is amended to read:
4.13 		Subd. 2.Payment of unemployment benefits from trust fund; effect on 
4.14 	employer. Additional unemployment benefits are payable from the trust fund. Additional 
4.15 	unemployment benefits paid will not be used in computing the experience rating of a 
4.16 	taxpaying employer nor charged to the reimbursing account of a nonprofit or government 
4.17 	employer.

4.18 	Sec. 6. Minnesota Statutes 2007 Supplement, section 268.125, subdivision 3, is 
4.19 	amended to read:
4.20 		Subd. 3.Eligibility conditions. An applicant is eligible to receive additional 
4.21 	unemployment benefits for any week during the applicant's benefit year if:
4.22 	(1)  for any week during which benefits are available under subdivision 1, clause (1):
4.23 	(i) the applicant resides in a county that meets the requirements of subdivision 1, 
4.24 	clause (1), and resided in that county each week that regular unemployment benefits 
4.25 	were paid; 
4.26 	(ii) the applicant meets the same eligibility requirements that are required for regular 
4.27 	unemployment benefits under section 268.069; and 
4.28 	(iii) the applicant has exhausted regular unemployment benefits under section 
4.29 	268.07, is not entitled to receive extended unemployment benefits under section 268.115, 
4.30 	and is not entitled to receive unemployment benefits under any other state or federal 
4.31 	law for that week; or
4.32 	(2) the applicant was laid off from employment as a result of a reduction under 
4.33 	subdivision 1, clause (2), or was laid off because of lack of work from that employer 
5.1 	during the three-month period before, or the three-month period after, the month of the 
5.2 	reduction under subdivision 1, clause (2);
5.3 	(2)(3) the applicant meets the same eligibility requirements that are required for 
5.4 	regular unemployment benefits under section 268.085 268.069; 
5.5 	(3) the applicant is not ineligible under section 268.095  because of a quit or a 
5.6 	discharge;
5.7 	(4) the applicant has exhausted regular unemployment benefits under section 268.07, 
5.8 	is not entitled to receive extended unemployment benefits under section 268.115, and 
5.9 	is not entitled to receive unemployment benefits under any other state or federal law 
5.10 	for that week; and 
5.11 	(5) a majority of the applicant's wage credits were from the employer that had a 
5.12 	reduction in operations under subdivision 1, clause (2).

5.13 	EFFECTIVE DATE. This section is effective the day following final enactment 
5.14 	and applies retroactively from January 1, 2008.

5.15 	Sec. 7. Minnesota Statutes 2006, section 268.125, is amended by adding a subdivision 
5.16 	to read:
5.17 		Subd. 6.Notice. The commissioner must notify applicants of the availability 
5.18 	of additional unemployment benefits by contacting applicants by mail or electronic 
5.19 	transmission, by posting a notice on the department's official Web site, and by appropriate 
5.20 	announcement.

5.21 	EFFECTIVE DATE. This section is effective the day following final enactment.

5.22 	Sec. 8. Minnesota Statutes 2007 Supplement, section 268.19, subdivision 1, is 
5.23 	amended to read:
5.24 		Subdivision 1.Use of data. (a) Except as provided by this section, data gathered 
5.25 	from any person under the administration of the Minnesota Unemployment Insurance Law 
5.26 	are private data on individuals or nonpublic data not on individuals as defined in section 
5.27 	13.02, subdivisions 9 and 12, and may not be disclosed except according to a district court 
5.28 	order or section 13.05. A subpoena is not considered a district court order. These data 
5.29 	may be disseminated to and used by the following agencies without the consent of the 
5.30 	subject of the data:
5.31 	(1) state and federal agencies specifically authorized access to the data by state 
5.32 	or federal law;
6.1 	(2) any agency of any other state or any federal agency charged with the 
6.2 	administration of an unemployment insurance program;
6.3 	(3) any agency responsible for the maintenance of a system of public employment 
6.4 	offices for the purpose of assisting individuals in obtaining employment;
6.5 	(4) the public authority responsible for child support in Minnesota or any other 
6.6 	state in accordance with section 256.978;
6.7 	(5) human rights agencies within Minnesota that have enforcement powers;
6.8 	(6) the Department of Revenue to the extent necessary for its duties under Minnesota 
6.9 	laws;
6.10 	(7) public and private agencies responsible for administering publicly financed 
6.11 	assistance programs for the purpose of monitoring the eligibility of the program's 
6.12 	recipients;
6.13 	(8) the Department of Labor and Industry and the Division of Insurance Fraud 
6.14 	Prevention in the Department of Commerce for uses consistent with the administration of 
6.15 	their duties under Minnesota law;
6.16 	(9) local and state welfare agencies for monitoring the eligibility of the data subject 
6.17 	for assistance programs, or for any employment or training program administered by those 
6.18 	agencies, whether alone, in combination with another welfare agency, or in conjunction 
6.19 	with the department or to monitor and evaluate the statewide Minnesota family investment 
6.20 	program by providing data on recipients and former recipients of food stamps or food 
6.21 	support, cash assistance under chapter 256, 256D, 256J, or 256K, child care assistance 
6.22 	under chapter 119B, or medical programs under chapter 256B, 256D, or 256L;
6.23 	(10) local and state welfare agencies for the purpose of identifying employment, 
6.24 	wages, and other information to assist in the collection of an overpayment debt in an 
6.25 	assistance program;
6.26 	(11) local, state, and federal law enforcement agencies for the purpose of ascertaining 
6.27 	the last known address and employment location of an individual who is the subject of 
6.28 	a criminal investigation;
6.29 	(12) the United States Citizenship and Immigration Services has access to data on 
6.30 	specific individuals and specific employers provided the specific individual or specific 
6.31 	employer is the subject of an investigation by that agency;
6.32 	(13) the Department of Health for the purposes of epidemiologic investigations; and
6.33 	(14) the Department of Corrections for the purpose of preconfinement and 
6.34 	postconfinement employment tracking of individuals who had been committed to the 
6.35 	custody of the commissioner of corrections committed offenders for the purpose of case 
6.36 	planning.
7.1 	(b) Data on individuals and employers that are collected, maintained, or used by 
7.2 	the department in an investigation under section 268.182 are confidential as to data 
7.3 	on individuals and protected nonpublic data not on individuals as defined in section 
7.4 	13.02, subdivisions 3 and 13, and must not be disclosed except under statute or district 
7.5 	court order or to a party named in a criminal proceeding, administrative or judicial, for 
7.6 	preparation of a defense.
7.7 	(c) Data gathered by the department in the administration of the Minnesota 
7.8 	unemployment insurance program must not be made the subject or the basis for any 
7.9 	suit in any civil proceedings, administrative or judicial, unless the action is initiated by 
7.10 	the department.

7.11 	EFFECTIVE DATE. This section is effective July 1, 2008.

7.12 	Sec. 9. HARDSHIP PAYMENTS.
 7.13 		Subdivision 1.Payments; availability. Hardship payments are available to 
7.14 	an applicant if the applicant suffered economic hardship due to delays in receiving 
7.15 	unemployment benefits resulting from the new unemployment insurance application 
7.16 	and filing system implemented by the Department of Employment and Economic 
7.17 	Development on October 15, 2007.
7.18 		Subd. 2.Economic hardship. "Economic hardship" means financial losses to 
7.19 	an applicant resulting from: checks returned for insufficient funds; account overdraft 
7.20 	charges; installment credit penalties, interest, and other fees resulting from missed or 
7.21 	late payments; mortgage loan late fees, interest charges, or other penalties; charges for 
7.22 	force-placed automobile or homeowner's insurance; penalties for late payment of income 
7.23 	or property taxes; and any penalties or adverse consequences, including the suspension of 
7.24 	an applicant's driver's license due to nonpayment of child support.
7.25 		Subd. 3.Payment from administration account. Hardship payments are payable 
7.26 	from the unemployment insurance administration account under Minnesota Statutes, 
7.27 	section 268.196.
7.28 		Subd. 4.Eligibility conditions. An applicant is eligible to receive hardship 
7.29 	payments under this section if the applicant's unemployment benefit payments due and 
7.30 	payable after October 15, 2007, were delayed at least four weeks.
7.31 		Subd. 5.Amount of hardship payments. The amount of hardship payments 
7.32 	available to an applicant is equal to the amount of economic hardship experienced by an 
7.33 	applicant due to the delay in receiving unemployment benefits. An applicant must provide 
7.34 	documentation of the amount of financial hardship claimed using financial institution 
8.1 	records, consumer or business credit records, child support records, or other commonly 
8.2 	recognized methods of documenting financial transactions.
8.3 		Subd. 6.Notice. The commissioner must notify applicants of the availability of 
8.4 	hardship payments by posting a notice on the department's official Web site, by notifying 
8.5 	applicants by individual mailing where department records show the applicant may be 
8.6 	eligible under subdivision 4, and by any other appropriate announcement.

8.7 	EFFECTIVE DATE. This section is effective the day following final enactment.

8.8 	Sec. 10. LUMBER COMPANY EXTRA BENEFITS.
 8.9 		Subdivision 1.Extra benefits; availability. Extra unemployment benefits are 
8.10 	available to an applicant who was laid off due to lack of work from the Ainsworth Lumber 
8.11 	Company plant in Cook, Minnesota.
8.12 		Subd. 2.Payment from fund; effect on employer. Extra unemployment benefits 
8.13 	are payable from the unemployment insurance trust fund. Extra unemployment benefits 
8.14 	paid will not be used in computing the experience rating of Ainsworth Lumber Company 
8.15 	under Minnesota Statutes, sections 268.047 and 268.051, subdivision 3.
8.16 		Subd. 3.Eligibility conditions. An applicant is eligible to receive extra 
8.17 	unemployment benefits under this section for any week through December 27, 2008, if:
8.18 	(1) the applicant established a benefit account under Minnesota Statutes, section 
8.19 	268.07, with a majority of the wage credits from Ainsworth Lumber Company, and 
8.20 	exhausted entitlement to those regular unemployment benefits after January 1, 2008;
8.21 	(2) the applicant meets the same eligibility requirements that are required for regular 
8.22 	unemployment benefits under Minnesota Statutes, section 268.069;
8.23 	(3) the applicant is not entitled to any other unemployment benefits and is not 
8.24 	entitled to receive unemployment benefits under any other state or federal law for that 
8.25 	week, including any other extended unemployment benefits; and
8.26 	(4) if an applicant qualifies for any type of unemployment benefits available under 
8.27 	Minnesota law, or under any federal law, or the law of another state, the applicant must 
8.28 	apply for and exhaust entitlement to those unemployment benefits.
8.29 		Subd. 4.Weekly amount of extra benefits. The weekly extra unemployment 
8.30 	benefits amount available to an applicant is the same as the applicant's weekly regular 
8.31 	unemployment benefit amount on the benefit account established in subdivision 3, clause 
8.32 	(1).
8.33 		Subd. 5.Maximum amount of extra unemployment benefits. The maximum 
8.34 	amount of extra unemployment benefits available is equal to 26 times the applicant's 
8.35 	weekly benefit amount.
9.1 		Subd. 6.Program expiration. This extra unemployment benefit program expires 
9.2 	on December 27, 2008. No extra unemployment benefits may be paid for any week after 
9.3 	the expiration of this program.
9.4 		Subd. 7.Notice. The commissioner must notify applicants of the availability 
9.5 	of extra unemployment benefits by posting a notice on the department's official Web 
9.6 	site, by notifying applicants by individual mailing where department records show the 
9.7 	applicant may qualify for these extra unemployment benefits, and by any other appropriate 
9.8 	announcement.

9.9 	EFFECTIVE DATE. This section is effective the day following final enactment 
9.10 	and applies retroactively from January 1, 2008.