HF 602

2nd Engrossment - 88th Legislature (2013 - 2014) Posted on 04/02/2013 03:10pm

A bill for an act
relating to unemployment insurance; modifying eligibility for additional benefits;
providing penalties for organizations involved in lockouts; amending Minnesota
Statutes 2012, section 268.125, subdivisions 1, 3, 4, 5.

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

Section 1.

Minnesota Statutes 2012, section 268.125, subdivision 1, is amended to read:

Subdivision 1.

Additional unemployment benefits; when available.

Additional
unemployment benefits are available if:

(1) MS 2008 [Expired, 2008 c 300 s 15]

(2)(i) at a facility that had 100 or more employees, the employer reduced operations,
resulting within a one-month period in the layoff of 50 percent or more of the facility's
work force, including reductions caused as a result of a major natural disaster declared by
the president;

(ii) the employer has no expressed plan to resume operations that would lead to the
reemployment of those employees in the immediate future; and

(iii) the seasonally adjusted unemployment rate in the county that the facility is
located was ten percent or more during the month of the reduction or any of the three
months before or after the month of the reduction new text begin ; or
new text end

new text begin (3) the applicant stopped working because of a lockout. The term "lockout" has the
meaning given in section 179.01, subdivision 9 new text end .

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 2012, section 268.125, subdivision 3, is amended to read:

Subd. 3.

Eligibility conditions.

new text begin (a) new text end An applicant is eligible to receive additional
unemployment benefits for any week during the applicant's benefit year if:

deleted text begin (1) for any week during which benefits are available under subdivision 1, clause (1):
deleted text end

deleted text begin (i) the applicant resides in a county that meets the requirements of subdivision 1,
clause (1), and resided in that county each week that regular unemployment benefits
were paid;
deleted text end

deleted text begin (ii) the applicant was not paid unemployment benefits for any week in the 12 months
before the effective date of the applicant's benefit account;
deleted text end

deleted text begin (iii) the applicant meets the same eligibility requirements that are required for
regular unemployment benefits under section 268.069; and
deleted text end

deleted text begin (iv) MS 2008 [Expired, 2008 c 300 s 17]
deleted text end

deleted text begin (2) deleted text end new text begin (1) new text end the applicant was laid off from employment as a result of a reduction under
subdivision 1, clause (2), or was laid off because of lack of work from that employer
during the three-month period before, or the three-month period after, the month of the
reduction under subdivision 1, clause (2);

deleted text begin (3) deleted text end new text begin (2) new text end the applicant meets the same eligibility requirements that are required for
regular unemployment benefits under section 268.069;

deleted text begin (4) deleted text end new text begin (3) new text end the applicant has exhausted regular unemployment benefits under section
268.07, is not entitled to receive extended unemployment benefits under section 268.115,
and is not entitled to receive unemployment benefits under any other state or federal law
for that week; and

deleted text begin (5) deleted text end new text begin (4) new text end a majority of the applicant's wage credits were from the employer that had a
reduction in operations under subdivision 1, clause (2).

new text begin (b) An applicant who stopped working because of a lockout is eligible to receive
additional unemployment benefits for any week if:
new text end

new text begin (1) the applicant meets the eligibility requirements under section 268.069;
new text end

new text begin (2) the applicant has exhausted regular unemployment benefits under section 268.07
or the law of another state;
new text end

new text begin (3) the applicant is not eligible for extended unemployment benefits or
unemployment benefits under any federal law; and
new text end

new text begin (4) the lockout is in active progress.
new text end

new text begin Section 268.085, subdivision 1, clause (2), does not apply to this paragraph.
new text end

new text begin EFFECTIVE DATE. new text end

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

Sec. 3.

Minnesota Statutes 2012, section 268.125, subdivision 4, is amended to read:

Subd. 4.

Weekly unemployment benefit amount.

An applicant's weekly additional
unemployment benefit amount is the same as the applicant's weekly new text begin regular new text end unemployment
benefit amount deleted text begin during the current benefit year deleted text end under section 268.07.

new text begin EFFECTIVE DATE. new text end

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

Sec. 4.

Minnesota Statutes 2012, section 268.125, subdivision 5, is amended to read:

Subd. 5.

Maximum amount of unemployment benefits.

new text begin (a) For an applicant
who qualifies for additional unemployment benefits under subdivision 1, clause (2), new text end the
maximum amount of additional unemployment benefits available in the applicant's benefit
year is one-half of the applicant's maximum amount of regular unemployment benefits
available under section 268.07, subdivision 2. Extended unemployment benefits paid and
unemployment benefits paid under any federal law other than regular unemployment
benefits must be deducted from the maximum amount of additional unemployment
benefits available.

new text begin (b) For an applicant who qualifies for additional unemployment benefits under
subdivision 1, clause (3), the applicant may receive additional unemployment benefits
without limitation so long as the lockout is in active progress.
new text end

new text begin EFFECTIVE DATE. new text end

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

Sec. 5. new text begin PUBLIC SUBSIDIES FOR ORGANIZATIONS ENGAGED IN
EMPLOYEE LOCKOUTS; PENALTIES.
new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

new text begin (a) The terms defined in this section have the meanings
given.
new text end

new text begin (b) "Lockout" has the meaning given under Minnesota Statutes, section 179.01,
subdivision 9.
new text end

new text begin (c) "Local government agency" includes a statutory or home rule charter city,
housing and redevelopment authority, town, county, port authority, economic development
authority, community development agency, nonprofit entity created by a local government
agency, or any other entity created by or authorized by a local government with authority
to provide public subsidies.
new text end

new text begin (d) "Organization" means any nonprofit or for-profit business entity that receives a
public subsidy.
new text end

new text begin (e) "Public subsidy" means a state or local government agency grant, contribution
of personal property, real property, infrastructure, the principal amount of a loan at rates
below those commercially available to the recipient, any reduction or deferral of any tax
or any fee, any guarantee of any payment under any loan, lease, or other obligation, or any
preferential use of government facilities given to an organization. To qualify as a public
subsidy, the value must be $150,000 or greater.
new text end

new text begin Subd. 2. new text end

new text begin Subsidies prohibited during a lockout. new text end

new text begin An organization that institutes,
causes, or declares a lockout may be issued a penalty under subdivision 4 by the state or
local government agency that provided the public subsidy.
new text end

new text begin Subd. 3. new text end

new text begin Analysis. new text end

new text begin In the event of a lockout, the state or local government agency
shall contact the commissioners of revenue and employment and economic development
and request a valuation of the public subsidy that was given to the organization. The
commissioners shall perform an analysis to determine the value of the public subsidy to
the organization for the period of time the organization is engaged in a lockout.
new text end

new text begin Subd. 4. new text end

new text begin Penalty. new text end

new text begin The state or local government agency is authorized to impose
a penalty on the organization equal to the value of the public subsidy determined by
the commissioners under subdivision 3.
new text end