A bill for an act
relating to unemployment insurance; modifying wage credits and providing
reimbursement; authorizing transfers from the general fund; amending Minnesota
Statutes 2022, sections 126C.43, subdivision 2; 268.085, subdivision 7; 268.19,
subdivision 1; proposing coding for new law in Minnesota Statutes, chapter 268;
repealing Minnesota Statutes 2022, section 268.085, subdivision 8.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Minnesota Statutes 2022, section 126C.43, subdivision 2, is amended to read:
(a) A district may levy the amount necessary (1) to pay the district's
obligations under section 268.052, subdivision 1, and (2) to pay for job placement services
offered to employees who may become eligible for benefits pursuant to section 268.085 for
the fiscal year the levy is certified.
(b) Districts with a balance remaining in their reserve for reemployment as of June 30,
2003, may not expend the reserved funds for future reemployment expenditures. Each year
a levy reduction must be made to return these funds to taxpayers. The amount of the levy
reduction must be equal to the lesser ofdeleted text begin :deleted text end (1) the remaining reserved balance for reemployment,
or (2) the amount of the district's current levy under paragraph (a).
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(c) The amount in paragraph (a) must be reduced by any amount received by the district
from the account established under section 268.193, subdivision 2.
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(d) A district that is a member of an intermediate school district or other cooperative
unit under section 123A.24, subdivision 2, may include in its authority under this section
the costs associated with qualifying obligations under paragraph (a) for the cooperative unit.
Revenue raised under this paragraph must be transferred to the cooperative unit.
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This section is effective for revenue for fiscal year 2024 and later.
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Minnesota Statutes 2022, section 268.085, subdivision 7, is amended to read:
(a) Wage credits from employment
with an educational institution or institutions may not be used for unemployment benefit
purposes for any week during the period between two successive academic years or terms
if:
(1) the applicant had employment for an educational institution or institutions in the
prior academic year or term; and
(2) there is a reasonable assurance that the applicant will have employment for an
educational institution or institutions in the following academic year or term.
This paragraph applies to a vacation period or holiday recess if the applicant was
employed immediately before the vacation period or holiday recess, and there is a reasonable
assurance that the applicant will be employed immediately following the vacation period
or holiday recess. This paragraph also applies to the period between two regular but not
successive terms if there is an agreement for that schedule between the applicant and the
educational institution.
This paragraph does not apply if the subsequent employment is substantially less
favorable than the employment of the prior academic year or term, or the employment prior
to the vacation period or holiday recess.
(b) Paragraph (a) does not apply tonew text begin :
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new text begin (1)new text end an applicant who, at the end of the prior academic year or term, had an agreement
for a definite period of employment between academic years or terms in other than an
instructional, research, or principal administrative capacity and the educational institution
or institutions failed to provide that employmentdeleted text begin .deleted text end new text begin ;
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(2) the period between successive academic years or terms, if the applicant's wage credits
were in a position for which no license is required by the Professional Educator Licensing
and Standards Board or the Board of School Administrators in the employment of an
employer as defined in section 123A.24, subdivision 2, or 123A.55; or
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(3) the period between successive academic years or terms, if the applicant's wage credits
were for employment at a postsecondary institution in a facilities, transportation, or food
service position or a nonpermanent instructional, research, or administrative position.
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(c) If unemployment benefits are denied to any applicant under paragraph (a) who was
employed in the prior academic year or term in other than an instructional, research, or
principal administrative capacity and who was not offered an opportunity to perform the
employment in the following academic year or term, the applicant is entitled to retroactive
unemployment benefits for each week during the period between academic years or terms
that the applicant filed a timely continued request for unemployment benefits, but
unemployment benefits were denied solely because of paragraph (a).
(d) This subdivision applies to employment with an educational service agency if the
applicant performed the services at an educational institution or institutions. "Educational
service agency" means a governmental entity established and operated for the purpose of
providing services to one or more educational institutions.
(e) This subdivision applies to employment with Minnesota, a political subdivision, or
a nonprofit organization, if the services are provided to or on behalf of an educational
institution or institutions.
(f) Paragraph (a) applies beginning the Sunday of the week that there is a reasonable
assurance of employment.
(g) Employment and a reasonable assurance with multiple education institutions must
be aggregated for purposes of application of this subdivision.
(h) If all of the applicant's employment with any educational institution or institutions
during the prior academic year or term consisted of on-call employment, and the applicant
has a reasonable assurance of any on-call employment with any educational institution or
institutions for the following academic year or term, it is not considered substantially less
favorable employment.
(i) A "reasonable assurance" may be written, oral, implied, or established by custom or
practice.
(j) An "educational institution" is a school, college, university, or other educational entity
operated by Minnesota, a political subdivision or instrumentality thereof, or a nonprofit
organization.
(k) An "instructional, research, or principal administrative capacity" does not include
an educational assistant.
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This section is effective the day following final enactment.
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Minnesota Statutes 2022, section 268.19, subdivision 1, is amended to read:
(a) Except as provided by this section, data gathered from
any person under the administration of the Minnesota Unemployment Insurance Law are
private data on individuals or nonpublic data not on individuals as defined in section 13.02,
subdivisions 9 and 12, and may not be disclosed except according to a district court order
or section 13.05. A subpoena is not considered a district court order. These data may be
disseminated to and used by the following agencies without the consent of the subject of
the data:
(1) state and federal agencies specifically authorized access to the data by state or federal
law;
(2) any agency of any other state or any federal agency charged with the administration
of an unemployment insurance program;
(3) any agency responsible for the maintenance of a system of public employment offices
for the purpose of assisting individuals in obtaining employment;
(4) the public authority responsible for child support in Minnesota or any other state in
accordance with section 256.978;
(5) human rights agencies within Minnesota that have enforcement powers;
(6) the Department of Revenue to the extent necessary for its duties under Minnesota
laws;
(7) public and private agencies responsible for administering publicly financed assistance
programs for the purpose of monitoring the eligibility of the program's recipients;
(8) the Department of Labor and Industry and the Commerce Fraud Bureau in the
Department of Commerce for uses consistent with the administration of their duties under
Minnesota law;
(9)