1.1.................... moves to amend S.F. No. 2677, the second engrossment, as follows:
1.2Page 1, after line 8, insert:
1.4UNEMPLOYMENT INSURANCE TRUST FUND"
1.5Page 2, after line 15, insert:
1.7UNEMPLOYMENT INSURANCE FOR HOURLY SCHOOL WORKERS AND USE
1.8OF DATA
1.9 Section 1. Minnesota Statutes 2020, section 126C.43, subdivision 2, is amended to read:
1.10 Subd. 2.
Payment to unemployment insurance program trust fund by state and
1.11political subdivisions. (a) A district may levy the amount necessary (1) to pay the district's
1.12obligations under section
268.052, subdivision 1, and (2) to pay for job placement services
1.13offered to employees who may become eligible for benefits pursuant to section
268.085 for
1.14the fiscal year the levy is certified.
1.15(b) Districts with a balance remaining in their reserve for reemployment as of June
30,
1.162003, may not expend the reserved funds for future reemployment expenditures. Each
year
1.17a levy reduction must be made to return these funds to taxpayers. The amount of the
levy
1.18reduction must be equal to the lesser of: (1) the remaining reserved balance for reemployment,
1.19or (2) the amount of the district's current levy under paragraph (a).
1.20(c) The amount in paragraph (a) must be reduced by any amount received by the district
1.21from the account established under section 268.193.
2.1 Sec. 2. Minnesota Statutes 2020, section 268.085, subdivision 7, is amended to read:
2.2 Subd. 7.
School employees; between terms denial. (a) Wage credits from employment
2.3with an educational institution or institutions may not be used for unemployment benefit
2.4purposes for any week during the period between two successive academic years or terms
2.5if:
2.6 (1) the applicant had employment for an educational institution or institutions in
the
2.7prior academic year or term; and
2.8 (2) there is a reasonable assurance that the applicant will have employment for an
2.9educational institution or institutions in the following academic year or term.
2.10 This paragraph applies to a vacation period or holiday recess if the applicant was
2.11employed immediately before the vacation period or holiday recess, and there is a
reasonable
2.12assurance that the applicant will be employed immediately following the vacation period
2.13or holiday recess. This paragraph also applies to the period between two regular but
not
2.14successive terms if there is an agreement for that schedule between the applicant
and the
2.15educational institution.
2.16 This paragraph does not apply if the subsequent employment is substantially less
2.17favorable than the employment of the prior academic year or term, or the employment
prior
2.18to the vacation period or holiday recess.
2.19 (b) Paragraph (a) does not apply to
:
2.20 (1) an applicant who, at the end of the prior academic year or term, had an agreement
2.21for a definite period of employment between academic years or terms in other than
an
2.22instructional, research, or principal administrative capacity and the educational
institution
2.23or institutions failed to provide that employment
.; or
2.24 (2) an applicant in a position for which no license is required by the Professional
Educator
2.25Licensing and Standards Board or the Board of School Administrators whose last employment
2.26was with an employer defined in section 123A.55 or 123A.24, subdivision 2.
2.27 (c) If unemployment benefits are denied to any applicant under paragraph (a) who was
2.28employed in the prior academic year or term in other than an instructional, research,
or
2.29principal administrative capacity and who was not offered an opportunity to perform
the
2.30employment in the following academic year or term, the applicant is entitled to retroactive
2.31unemployment benefits for each week during the period between academic years or terms
2.32that the applicant filed a timely continued request for unemployment benefits, but
2.33unemployment benefits were denied solely because of paragraph (a).
3.1 (d) This subdivision applies to employment with an educational service agency if the
3.2applicant performed the services at an educational institution or institutions. "Educational
3.3service agency" means a governmental entity established and operated for the purpose
of
3.4providing services to one or more educational institutions.
3.5 (e) This subdivision applies to employment with Minnesota, a political subdivision,
or
3.6a nonprofit organization, if the services are provided to or on behalf of an educational
3.7institution or institutions.
3.8 (f) Paragraph (a) applies beginning the Sunday of the week that there is a reasonable
3.9assurance of employment.
3.10 (g) Employment and a reasonable assurance with multiple education institutions must
3.11be aggregated for purposes of application of this subdivision.
3.12 (h) If all of the applicant's employment with any educational institution or institutions
3.13during the prior academic year or term consisted of on-call employment, and the applicant
3.14has a reasonable assurance of any on-call employment with any educational institution
or
3.15institutions for the following academic year or term, it is not considered substantially
less
3.16favorable employment.
3.17 (i) A "reasonable assurance" may be written, oral, implied, or established by custom
or
3.18practice.
3.19 (j) An "educational institution" is a school, college, university, or other educational
entity
3.20operated by Minnesota, a political subdivision or instrumentality thereof, or a nonprofit
3.21organization.
3.22 (k) An "instructional, research, or principal administrative capacity" does not include
3.23an educational assistant.
3.24 Sec. 3. Minnesota Statutes 2020, section 268.19, subdivision 1, is amended to read:
3.25 Subdivision 1.
Use of data. (a) Except as provided by this section, data gathered from
3.26any person under the administration of the Minnesota Unemployment Insurance Law are
3.27private data on individuals or nonpublic data not on individuals as defined in section
13.02,
3.28subdivisions 9 and 12, and may not be disclosed except according to a district court
order
3.29or section
13.05. A subpoena is not considered a district court order. These data may be
3.30disseminated to and used by the following agencies without the consent of the subject
of
3.31the data:
4.1 (1) state and federal agencies specifically authorized access to the data by state
or federal
4.2law;
4.3 (2) any agency of any other state or any federal agency charged with the administration
4.4of an unemployment insurance program;
4.5 (3) any agency responsible for the maintenance of a system of public employment offices
4.6for the purpose of assisting individuals in obtaining employment;
4.7 (4) the public authority responsible for child support in Minnesota or any other state
in
4.8accordance with section
256.978;
4.9 (5) human rights agencies within Minnesota that have enforcement powers;
4.10 (6) the Department of Revenue to the extent necessary for its duties under Minnesota
4.11laws;
4.12 (7) public and private agencies responsible for administering publicly financed assistance
4.13programs for the purpose of monitoring the eligibility of the program's recipients;
4.14 (8) the Department of Labor and Industry and the Commerce Fraud Bureau in the
4.15Department of Commerce for uses consistent with the administration of their duties
under
4.16Minnesota law;
4.17 (9) the Department of Human Services and the Office of Inspector General and its agents
4.18within the Department of Human Services, including county fraud investigators, for
4.19investigations related to recipient or provider fraud and employees of providers when
the
4.20provider is suspected of committing public assistance fraud;
4.21 (10) local and state welfare agencies for monitoring the eligibility of the data subject
4.22for assistance programs, or for any employment or training program administered by
those
4.23agencies, whether alone, in combination with another welfare agency, or in conjunction
4.24with the department or to monitor and evaluate the statewide Minnesota family investment
4.25program
and other cash assistance programs, the Supplemental Nutrition Assistance Program,
4.26and the Supplemental Nutrition Assistance Program Employment and Training program
by
4.27providing data on recipients and former recipients of Supplemental Nutrition Assistance
4.28Program (SNAP) benefits, cash assistance under chapter 256, 256D, 256J, or 256K, child
4.29care assistance under chapter 119B, or medical programs under chapter 256B or 256L
or
4.30formerly codified under chapter 256D;
4.31 (11) local and state welfare agencies for the purpose of identifying employment, wages,
4.32and other information to assist in the collection of an overpayment debt in an assistance
4.33program;
5.1 (12) local, state, and federal law enforcement agencies for the purpose of ascertaining
5.2the last known address and employment location of an individual who is the subject
of a
5.3criminal investigation;
5.4 (13) the United States Immigration and Customs Enforcement has access to data on
5.5specific individuals and specific employers provided the specific individual or specific
5.6employer is the subject of an investigation by that agency;
5.7 (14) the Department of Health for the purposes of epidemiologic investigations;
5.8 (15) the Department of Corrections for the purposes of case planning and internal
research
5.9for preprobation, probation, and postprobation employment tracking of offenders sentenced
5.10to probation and preconfinement and postconfinement employment tracking of committed
5.11offenders;
5.12 (16) the state auditor to the extent necessary to conduct audits of job opportunity
building
5.13zones as required under section
469.3201;
and
5.14 (17) the Office of Higher Education for purposes of supporting program improvement,
5.15system evaluation, and research initiatives including the Statewide Longitudinal Education
5.16Data System
.;
5.17(18) the Department of Education for the purposes of reimbursement under section
5.18268.193; and
5.19(19) the attorney general for the purpose of conducting an investigation pursuant
to
5.20section 177.45 or 181.1721.
5.21 (b) Data on individuals and employers that are collected, maintained, or used by the
5.22department in an investigation under section
268.182 are confidential as to data on individuals
5.23and protected nonpublic data not on individuals as defined in section
13.02, subdivisions 3
5.24and 13, and must not be disclosed except under statute or district court order or
to a party
5.25named in a criminal proceeding, administrative or judicial, for preparation of a defense.
5.26 (c) Data gathered by the department in the administration of the Minnesota unemployment
5.27insurance program must not be made the subject or the basis for any suit in any civil
5.28proceedings, administrative or judicial, unless the action is initiated by the department.
5.29 Sec. 4.
[268.193] SCHOOL REIMBURSEMENT ACCOUNT.
5.30 Subdivision 1. Definitions. For the purposes of this section only, the following terms
5.31have the meanings given:
5.32(1) "educational institution" means a:
6.1(i) school district;
6.2(ii) charter school; or
6.3(iii) school cooperative, as defined in section 123A.24, subdivision 2; and
6.4(2) "qualifying unemployment benefits" means unemployment benefits charged to an
6.5educational institution under section 268.047 for an applicant who is in a position
for which
6.6no license is required by the Professional Educator Licensing and Standards Board
or the
6.7Board of School Administrators, and whose last employment was with an employer defined
6.8in section 123A.55 or 123A.24, subdivision 2.
6.9 Subd. 2. School reimbursement account. (a) There is created in the special revenue
6.10fund an account to be known as the "school reimbursement account," that does not lapse
6.11nor revert to any other fund or account. This account consists of all money appropriated
for
6.12the purposes of this section, unless otherwise appropriated by session law. Funds
appropriated
6.13for the purposes of reimbursement under this section must be transferred to the school
6.14reimbursement account in the special revenue fund.
6.15(b) Money in the account is appropriated to the commissioner of education to reimburse
6.16educational institutions for payments of qualifying unemployment benefits as provided
6.17under subdivision 3.
6.18(c) The commissioner of education may spend up to one percent of the amount
6.19appropriated to the school reimbursement account for costs associated with administering
6.20and monitoring payments under this section.
6.21 Subd. 3. Reimbursement administered. (a) The commissioner of employment and
6.22economic development shall compute and certify the total qualifying unemployment benefit
6.23payments credited to the reimbursable account of an educational institution under
section
6.24268.045 each calendar quarter, and share and transmit that certified amount to the
6.25commissioner of education for the purpose of reimbursement under this subdivision.
6.26(b) The commissioner of education shall issue payment of the reimbursement amounts
6.27certified under paragraph (a) to each educational institution on or before the last
day of the
6.28month following the end of the next calendar quarter, as provided under this subdivision.
6.29(c) The commissioner of education shall use money deposited in the school
6.30reimbursement account to reimburse educational institutions for the qualifying unemployment
6.31benefits certified under this subdivision.
7.1(d) If the certified reimbursement amounts under this subdivision exceed the money
7.2available in the school reimbursement account, reimbursement amounts shall be dispersed
7.3to educational institutions on a pro rata basis.
7.4 Sec. 5.
APPROPRIATION.
7.5(a) $161,743,000 in fiscal year 2023 is appropriated from the general fund to the
7.6commissioner of education for the purposes of reimbursement to educational institutions
7.7as provided under Minnesota Statutes, section 268.193. This is a onetime appropriation
and
7.8is available until expended.
7.9(b) This appropriation is subject to the requirements under Minnesota Statutes, section
7.10268.193.
7.11 Sec. 6.
REPEALER.
7.12Minnesota Statutes 2020, section 268.085, subdivision 8, is repealed."
7.13Amend the title accordingly