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Capital IconMinnesota Legislature

HF 12

as introduced - 86th Legislature (2009 - 2010) Posted on 02/09/2010 01:33am

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

Bill Text Versions

Introduction Posted on 01/12/2009

Current Version - as introduced

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A bill for an act
relating to unemployment compensation; modifying definitions; amending
Minnesota Statutes 2008, sections 268.035, subdivision 21a; 268.085,
subdivision 15.


Section 1.

Minnesota Statutes 2008, section 268.035, subdivision 21a, is amended to

Subd. 21a.

Reemployment assistance training.

(a) An applicant is in
"reemployment assistance training" when:

(1) new text begina new text endreasonable deleted text beginanddeleted text endnew text begin opportunity fornew text end suitable employment for the applicant does not
exist in the labor market area and deleted text beginit is necessary that the applicant receivedeleted text endnew text begin additionalnew text end
training deleted text beginin order to obtaindeleted text endnew text begin will assist the applicant in obtainingnew text end suitable employment;

(2) the curriculum, facilities, staff, and other essentials are adequate to achieve the
training objective;

(3) the training is vocational deleted text beginin naturedeleted text end or short term academic training deleted text beginvocationallydeleted text end
directed to an occupation or skill deleted text beginfor which there are reasonabledeleted text endnew text begin that will substantially
enhance the
new text end employment opportunities available to the applicantnew text begin in the applicant's labor
market area
new text end;

(4) the training course is considered full time by the training provider; and

(5) the applicant is making satisfactory progress in the training.

(b) Full-time training provided through the dislocated worker program, the Trade
Act of 1974, as amended, or the North American Free Trade Agreement is considered
"reemployment assistance training," if that training course is in accordance with the
requirements of that program.

(c) new text beginApprenticeship training provided in order to meet the requirements of an
apprenticeship program under chapter 178 is considered "reemployment assistance
new text end

new text begin (d) new text endAn applicant is considered in reemployment assistance training only if the
training course has actually started or is scheduled to start within 30 calendar days.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for determinations and appeal
decisions issued on or after the day following final enactment.
new text end

Sec. 2.

Minnesota Statutes 2008, section 268.085, subdivision 15, is amended to read:

Subd. 15.

Available for suitable employment defined.

(a) "Available for suitable
employment" means an applicant is ready and willing to accept suitable employment in
the labor market area. The attachment to the work force must be genuine. An applicant
may restrict availability to suitable employment, but there must be no other restrictions,
either self-imposed or created by circumstances, temporary or permanent, that prevent
accepting suitable employment.

(b) new text beginUnless the applicant is in reemployment assistance training, new text endto be considered
"available for suitable employment," a student new text beginwho has regularly scheduled classes new text endmust
be willing to deleted text beginquit schooldeleted text endnew text begin discontinue classesnew text end to accept suitable employmentnew text begin when:
new text end

new text begin (1) class attendance restricts the applicant from accepting suitable employment; and
new text end

new text begin (2) the applicant is unable to change the scheduled class or make other arrangements
that excuse the applicant from attending class
new text end.

(c) An applicant who is absent from the labor market area for personal reasons, other
than to search for work, is not "available for suitable employment."

(d) An applicant who has restrictions on the hours of the day or days of the week
that the applicant can or will work, that are not normal for the applicant's usual occupation
or other suitable employment, is not "available for suitable employment." An applicant
must be available for daytime employment, if suitable employment is performed during
the daytime, even though the applicant previously worked the night shift.

(e) An applicant must have transportation throughout the labor market area to be
considered "available for suitable employment."

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for determinations and appeal
decisions issued on or after the day following final enactment.
new text end