Legislative Session number- 85

Bill Name: HF0648

HF 648

SECOND ENGROSSMENT

Unemployment Insurance policy, housekeeping, and
style modifications provided; administrative rules incorporated into statute;
and fraud penalties modified.

ARTICLE 1: POLICY CHANGES

Section 1: Base period
language modified.

Section 2: "Filing; filed" language modified.

Section 3:
Determination coverage language modified.

Section 4: Exceptions for all
employers language modified.

Section 5: Notice of unemployment benefits paid
language modified.

Section 6: Payments language modified.

Section 7: Tax rate
for new employers language modified.

Section 8: Notice of tax rate language
modified.

Section 9: Determination and appeal language modified.

Section 10:
Credit adjustments, refunds language modified.

Section 11: Personal liability
language modified.

Section 12: Benefit account requirements and weekly
unemployment benefit amount and maximum amount of unemployment benefits language
modified.

Section 13: Not eligible language modified.

Section 14: Payments
that delay unemployment benefits language modified.

Section 15: Quit language
modified.

Section 16: Employment misconduct definition modified.

Section 17:
Evidentiary hearing by an unemployment law judge language modified.

Section 18:
Overpayment because of fraud language modified.

Section 19: Establishment
language modified.

Section 20: Administration account language
modified.

Section 21: Maximum weekly benefit amount provided.

Section 22:
Repealer provided.

ARTICLE 2: POLICY AND TECHNICAL CHANGES

Section 1: State's
average annual and average weekly wage language modified.

Section 2: Payments
by electronic payment required language modified.

Section 3: Notice and right
to hearing language modified.

Section 4: Determination of liability language
modified.

Section 5: Application for unemployment benefits; determination of
benefit account language modified.

Section 6: Right of appeal language
modified.

Section 7: Deductible earnings language modified.

Section 8:
Overpayment language modified.

Section 9: Request for reconsideration language
modified.

Section 10: Decisions language modified.

Section 11: Cooperation
with other states on combining wages language modified.

Section 12: Nonfraud
overpayment language modified.

Section 13: Interest language modified.

Section
14: Cancellation of overpayments language modified.

Section 15: Administrative
penalties (applicant) language modified.

Section 16: Administrative penalties
(employer) language modified.

Section 17: Notification and misreporting
penalties language modified.

Section 18: Day of the week and date requirement
language added.

ARTICLE 3: HOUSEKEEPING PROVISIONS

Section 1: Scope definition
modified.

Section 2: Employer definition modified.

Section 3: Taxable wages
definition modified.

Section 4: Wage detail report language modified.

Section
5: Missing or erroneous information language modified.

Section 6: Computation
of tax rates; additional assessments language modified.

Section 7: Computation
of a taxpaying employer's experience rating language modified.

Section 8:
Experience rating history transfer language modified.

Section 9: Tax rate
buydown language modified.

Section 10: Special assessment for interest on
federal loan language modified.

Section 11: Cancellation of amounts due from an
employer language modified.

Section 12: Limitations on applications and benefit
accounts language modified.

Section 13: Eligibility conditions language
modified.

Section 14: Business owners language modified.

Section 15: offers of
suitable employment language modified.

Section 16: Continued request for
unemployment benefits denied language modified.

Section 17: In-person continued
request for unemployment benefits language modified.

Section 18: Oaths;
subpoenas (law judge) language modified.

Section 19: Subpoenas' Oaths
(commissioner) language modified.

Section 20: Use of data language
modified.

Section 21: Commissioner of finance to be custodian; separate
accounts language modified.

Section 22: Exclusive use language
modified.

Section 23: Contingent account language modified.

Section 24:
Revisor's instruction language provided.

Section 25: Effective date
provided.

Article 4: ADMINISTRATIVE RULES INCORPORATED INTO STATUTES
Section 1:
Statement of intent provided.

Section 2: Employment definition
modified.

Section 3: Trucking industry/independent contractors language
provided.

Section 4: Wages definition modified.

Section 5: Employer
registration language modified.

Section 6: Repealer provided.

Section 7:
Effective date provided.

ARTICLE 5: TERMINOLOGY CHANGE

Section 1: Statement of
intent provided.

Section 2: Covered employment definition modified.

Section 3:
Requirements language modified.

Section 4: Discharge language
modified.

Section 5: Act or omissions after separation language
modified.

Section 6: Ineligibility duration language modified.

Section 7:
Determinations on issues of ineligibility language modified.

Section 8:
Eligibility conditions language modified.

Section 9: Revisor's instruction
provided.

Section 10: Effective date provided.

ARTICLE 6: STYLE
CHANGES

Section 1: Statement of intent provided.

Section 2: Citation;
Minnesota unemployment insurance law language modified.

Section 3: Statement
language modified.

Section 4: Standard of proof language modified.

Section 5:
Construction/independent contractor language modified.

Section 6: Corporation
definition modified.

Section 7: Covered agricultural employment definition
modified.

Section 8: Employee definition modified.

Section 9: Noncovered
employment definition modified.

Section 10: Reemployment assistance training
language modified.

Section 11: Suitable employment definition
modified.

Section 12: Unemployed language modified.

Section 13: Wages paid
definition modified.

Section 14: Election to have noncovered employment
considered covered employment language modified.

Section 15: Authorization
language modified.

Section 16: single member limited liability companies
language modified.

Section 17: Electronic transmission of report required
language modified.

Section 18: Failure to timely file report; late fees
language modified.

Section 19: Fees language modified.

Section 20: Account for
each employer language modified.

Section 21: Tax and reimbursable accounts
assigned to employee leasing companies, professional employer organizations, or
similar person language modified.

Section 22: General rule language
modified.

Section 23: Exceptions for taxpaying employers language
modified.

Section 24: Actions that avoid taxes language modified.

Section 25:
Assessments, fees, and surcharges; treatment language modified.

Section 26:
Payments language modified.

Section 27: Election by state or political
subdivision to be a taxpaying employer language modified.

Section 28: Method of
payment by state language modified.

Section 29: Method of payment by political
subdivision language modified.

Section 30: Considered an election language
modified.

Section 31: Indian tribes definition modified.

Section 32: Election
language modified.

Section 33: Payments language modified.

Section 34: Amount
computed presumed correct language modified.

Section 35: Priority of payments
language modified.

Section 36: Estimating the tax due language
modified.

Section 37: Costs language modified.

Section 38: Interest on amounts
past due language modified.

Section 39: Interest on judgments language
modified.

Section 40: Priorities under legal dissolutions or distributions
language modified.

Section 41: Lien, levy, setoff, and civil action language
modified.

Section 42: Garnishment for delinquent taxes and unemployment benefit
overpayments language modified.

Section 43: Licensing authority; duties
language modified.

Section 44: Liability for debts upon acquisition language
modified.

Section 45: Subcontractors language modified.

Section 46: Compromise
language modified.

Section 47: No election of remedy language
modified.

Section 48: Notice to workers language modified.

Section 49:
Unemployment benefits paid from state funds language modified.

Section 50:
Common law language modified.

Section 51: Personal identification number;
presumption language modified.

Section 52: Workers' compensation and disability
insurance offset language modified.

Section 53: Social Security benefits
language modified.

Section 54: Receipt of back pay language modified.

Section
55: School employees language modified.

Section 56: Services for school
contractors language modified.

Section 57: Athletes and coaches language
modified.

Section 58: Aliens language modified.

Section 59: Suspension from
employment language modified.

Section 60: Leave of absence language
modified.

Section 61: Labor dispute language modified.

Section 62: Actively
seeking suitable employment definition modified.

Section 63: Active benefit
account language modified.

Section 64: Methods for filing continued biweekly
requests for unemployment benefits language modified.

Section 65: Continued
biweekly request for unemployment benefits by electronic transmission language
modified.

Section 66: Continued biweekly request for unemployment benefits by
mail language modified.

Section 67: Good cause language modified.

Section 68:
Good cause definition modified.

Section 69: Unemployment benefits due deceased
persons language modified.

Section 70: Quit definition modified.

Section 71:
Good reason caused by the employer definition modified.

Section 72: Discharge
definition modified

Section 73: Aggravated employment misconduct definition
modified.

Section 74: Application language modified.

Section 75: In
commissioner's discretion language modified.

Section 76: Applicant's appeal by
mail language modified.

Section 77: Withdrawal of appeal language
modified.

Section 78: Use of evidence; data privacy language modified.

Section
79: Representation; fees language modified.

Section 80: Judicial review
language modified.

Section 81: Extended unemployment benefits language
modified.

Section 82: Weekly unemployment benefit amount language
modified.

Section 83: Maximum amount of unemployment benefits language
modified.

Section 84: Shared work plan definitions modified.

Section 85:
Notification language modified.

Section 86: Transfer of funds language
modified.

Section 87: Correction of errors language modified.

Section 88:
Child support deducted from unemployment benefits language modified.

Section
89: Remedies language modified.

Section 90: Collection of overpayments
language modified.

Section 91: Criminal penalties language modified.

Section
92: Records; audits language modified.

Section 93: Wage detail data language
modified.

Section 94: Employer information; absolute privilege language
modified.

Section 95: Protection of rights language modified.

Section 96:
Reimbursements language modified.

Section 97: Reed Act money language
modified.

Section 98: Borrowing federal funds language modified.

Section 99:
representation in court language modified.

Section 100: Nonliability of state
language modified.

Section 101: Saving clause language modified.

Section 102:
Severable language modified.

Section 103: Effective date provided.

JAJ 3/5/7