Minnesota Session Laws - 2001, Regular Session

                             CHAPTER 30-H.F.No. 47 
                  An act relating to economic development; requiring a 
                  closed iron mine and related facilities to be 
                  maintained for a period of time; providing extra 
                  unemployment benefits for certain workers laid off 
                  from the LTV Mining Company; providing criteria for 
                  future unemployment benefit extensions; amending 
                  Minnesota Statutes 2000, section 93.003. 
        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
           Section 1.  Minnesota Statutes 2000, section 93.003, is 
        amended to read: 
           93.003 [IRON MINING; CONDITIONS.] 
           Legal authority to mine and process iron ore, a basic 
        irreplaceable natural resource of the people of the state of 
        Minnesota, is subject to the conditions of this section.  When 
        the owner or operator of an iron mine or related production or 
        beneficiation facilities determines to discontinue the operation 
        of the mine or facilities for any reason it shall maintain the 
        mine or facilities in salable operating condition for at least 
        one year two years after it discontinues operation in order to 
        allow the state of Minnesota and other interested public and 
        private bodies to seek a new owner and operator.  The 
        requirement imposed by this section is a preliminary and 
        permanent requirement on the right of an owner to commence or 
        continue the operation of an iron mine or related facilities.  
        This requirement is enforceable on all owners and operators and 
        successors of owners and operators and shall be enforced by the 
        state in any action in bankruptcy or other litigation that may 
        affect it. 
           Sec. 2.  [IRON ORE MINING EXTRA BENEFITS.] 
           Subdivision 1.  [EXTRA BENEFITS; AVAILABILITY.] Extra 
        unemployment benefits are available to an applicant if the 
        applicant was permanently laid off due to lack of work after 
        August 1, 2000, from the LTV Mining Company in St. Louis county, 
        including the LTV Mining Company power plant operation at 
        Taconite Harbor in Cook county.  
           Subd. 2.  [PAYMENT FROM FUND; EFFECT ON EMPLOYER.] Extra 
        unemployment benefits are payable from the fund.  Extra 
        unemployment benefits shall not affect the future tax rate of a 
        taxpaying employer nor be charged to the reimbursing account of 
        a government or nonprofit employer. 
           Subd. 3.  [ELIGIBILITY CONDITIONS.] An applicant is 
        eligible to receive extra unemployment benefits under this 
        section for any week during the 95-week period following the 
        effective date of the applicant's benefit account of regular 
        unemployment benefits, as a result of a layoff described under 
        subdivision 1, if: 
           (1) a majority of the applicant's wage credits were with 
        LTV Mining Company, including the power plant operation at 
        Taconite Harbor in Cook county; 
           (2) except as provided in subdivision 6, the applicant 
        meets the eligibility requirements of Minnesota Statutes, 
        section 268.085; 
           (3) the applicant is not subject to a disqualification 
        under Minnesota Statutes, section 268.095; 
           (4) the applicant is not entitled to regular unemployment 
        benefits and the applicant is not entitled to receive 
        unemployment benefits under any other state or federal law for 
        that week; and 
           (5) the applicant is enrolled in, or has within the last 
        two weeks successfully completed, a program that qualifies as 
        reemployment assistance training under Minnesota Statutes, 
        section 268.035, subdivision 21a, except that an applicant whose 
        training is scheduled to begin in more than 30 days may be 
        considered to be in training if:  (i) the applicant's chosen 
        training program does not offer an available start date within 
        30 days; (ii) the applicant is scheduled to begin training on 
        the earliest available start date for the chosen training 
        program; and (iii) the applicant is scheduled to begin training 
        in no more than 60 days. 
           If an applicant qualifies for a new regular benefit account 
        at any time after exhausting regular unemployment benefits as a 
        result of the layoff under subdivision 1, the applicant must 
        apply for and exhaust entitlement to those new regular 
        unemployment benefits. 
           Subd. 4.  [WEEKLY AMOUNT OF EXTRA BENEFITS.] (a) The weekly 
        extra unemployment benefits amount available to an applicant is 
        the same as the applicant's weekly regular unemployment benefit 
        amount on the benefit account established as a result of a 
        layoff under subdivision 1. 
           (b) If an applicant qualifies for a new benefit account in 
        this or any other state, after exhausting regular unemployment 
        benefits as a result of a layoff under subdivision 1 and the 
        weekly benefit amount on that new benefit account is less than 
        the applicant's extra unemployment benefit amount, the applicant 
        shall be entitled to receive a weekly benefit amount under this 
        section equal to the difference between the weekly benefit 
        amount on the new benefit account and the applicant's weekly 
        amount of extra unemployment benefits.  If the weekly benefit 
        amount on the new benefit account exceeds the weekly amount of 
        extra unemployment benefits, the applicant shall not be entitled 
        to any extra unemployment benefits until the applicant exhausts 
        unemployment benefits on that new benefit account.  
           Subd. 5.  [MAXIMUM AMOUNT OF EXTRA UNEMPLOYMENT 
        BENEFITS.] The maximum amount of extra unemployment benefits 
        available is 26 times the applicant's weekly extra unemployment 
        benefits amount.  
           Subd. 6.  [WORKERS' COMPENSATION/DISABILITY INSURANCE 
        OFFSET.] (a) An applicant laid off from LTV Mining Company on or 
        after August 1, 2000, who is otherwise eligible for regular or 
        extra unemployment benefits is not subject to the deductible 
        payment provisions of Minnesota Statutes, section 268.085, 
        subdivision 3, paragraph (a), clause (3).  Instead, the 
        applicant is subject to the limitations of this subdivision. 
           (b) An applicant shall not be eligible to receive 
        unemployment benefits for any week with respect to which the 
        applicant is receiving or has received compensation for loss of 
        wages equal to or in excess of the applicant's weekly 
        unemployment benefit amount under: 
           (1) the workers' compensation law of this state; 
           (2) the workers' compensation law of any other state or 
        similar federal law; or 
           (3) any insurance or fund paid in whole or in part by an 
        employer. 
           If an applicant receives compensation for loss of wages 
        under clauses (1) to (3) that is less than the applicant's 
        weekly unemployment benefit amount, then unemployment benefits 
        requested for that week shall be reduced by the amount of the 
        compensation payment. 
           (c) An applicant is not ineligible to receive unemployment 
        benefits because the applicant has a claim pending for loss of 
        wages under paragraph (b); however, such a pending claim shall 
        raise an issue of the applicant's ability to work under 
        Minnesota Statutes, section 268.085, subdivision 1, clause (2), 
        that the commissioner shall determine.  If the applicant later 
        receives compensation as a result of the pending claim, then 
        that compensation is subject to the provisions of paragraph (b), 
        and shall be subject to recoupment by the commissioner to the 
        extent that the compensation constitutes overpaid unemployment 
        benefits. 
           (d) If the commissioner intervenes, in accordance with 
        Minnesota Statutes, section 268.18, subdivision 5, in a workers' 
        compensation matter under Minnesota Statutes, section 176.361, 
        in order to recoup overpaid unemployment benefits paid to an 
        applicant laid off under paragraph (a), the commissioner shall 
        not be required to pay any portion of the applicant's attorney 
        fees, and the applicant shall be liable to repay the total 
        amount of the overpaid unemployment benefits. 
           This subdivision continues in effect until January 1, 2004. 
           Subd. 7.  [PROGRAM EXPIRATION.] This extra unemployment 
        benefit program expires on January 1, 2004.  No extra 
        unemployment benefits shall be paid for any week after the 
        expiration of this program. 
           Sec. 3.  [FINDINGS.] 
           The legislature finds that extra unemployment benefits in 
        addition to those provided for under Minnesota Statutes, chapter 
        268, may be appropriate in the event of a large layoff only 
        where the following conditions are met: 
           (1) the employer involved in the layoff has permanently 
        ceased operations and has commenced bankruptcy proceedings; 
           (2) the community or communities in which the affected 
        employees live is disproportionately affected by the layoff; 
           (3) the community or communities in which the affected 
        employees live is in a remote location where opportunities for 
        reemployment are limited; and 
           (4) employees receive extra benefits only while they are 
        making satisfactory progress in an education or job training 
        program. 
           In cases where these criteria are not fully met, the 
        legislature finds that the availability of benefits should be 
        limited to the amount and duration provided by Minnesota 
        Statutes, chapter 268, including any additional benefits 
        available under Minnesota Statutes, section 268.125. 
           Sec. 4.  [EFFECTIVE DATE.] 
           Sections 1 to 3 are effective the day following final 
        enactment and are retroactive to August 1, 2000. 
           Presented to the governor April 11, 2001 
           Signed by the governor April 11, 2001, 4:47 p.m.