.................... moves to amend H. F. No. 1227 as follows:
Page 3, after line 2, insert:
"Sec. 2. Minnesota Statutes 2008, section 268.035, is amended by adding a subdivision
1.5 Subd. 19a. Immediate family member. "Immediate family member" means the
1.6applicant's spouse, parent, son or daughter, or grandson or granddaughter.
Sec. 3. Minnesota Statutes 2008, section 268.035, subdivision 21a, is amended to read:
Subd. 21a. Reemployment assistance training.
(a) An applicant is in
"reemployment assistance training" when:
and opportunity for
suitable employment for the applicant does not
exist in the labor market area and
it is necessary that the applicant receive additional
in order to obtain will assist the applicant in obtaining
(2) the curriculum, facilities, staff, and other essentials are adequate to achieve the
(3) the training is vocational
or short term academic training
directed to an occupation or skill
for which there are reasonable that will substantially
employment opportunities available to the applicant in the applicant's labor
(4) the training course is considered full time by the training provider; and
(5) the applicant is making satisfactory progress in the training.
(b) Full-time training provided through the dislocated worker program, the Trade
Act of 1974, as amended, or the North American Free Trade Agreement is considered
"reemployment assistance training," if that training course is in accordance with the
requirements of that program.
(c) Apprenticeship training provided in order to meet the requirements of an
2.2apprenticeship program under chapter 178 is considered "reemployment assistance
An applicant is considered in reemployment assistance training only if the
training course has actually started or is scheduled to start within 30 calendar days.
2.6EFFECTIVE DATE.This section is effective for determinations and appeal
2.7decisions issued on or after the day following final enactment.
Page 6, after line 16, insert:
"Sec. 7. Minnesota Statutes 2008, section 268.085, subdivision 15, is amended to read:
Subd. 15. Available for suitable employment defined.
(a) "Available for suitable
employment" means an applicant is ready and willing to accept suitable employment in
the labor market area. The attachment to the work force must be genuine. An applicant
may restrict availability to suitable employment, but there must be no other restrictions,
either self-imposed or created by circumstances, temporary or permanent, that prevent
accepting suitable employment.
(b) Unless the applicant is in reemployment assistance training,
to be considered
"available for suitable employment," a student who has regularly scheduled classes
be willing to
quit school discontinue classes
to accept suitable employment when:
2.19(1) class attendance restricts the applicant from accepting suitable employment; and
2.20(2) the applicant is unable to change the scheduled class or make other arrangements
2.21that excuse the applicant from attending class
(c) An applicant who is absent from the labor market area for personal reasons, other
than to search for work, is not "available for suitable employment."
(d) An applicant who has restrictions on the hours of the day or days of the week
that the applicant can or will work, that are not normal for the applicant's usual occupation
or other suitable employment, is not "available for suitable employment." An applicant
must be available for daytime employment, if suitable employment is performed during
the daytime, even though the applicant previously worked the night shift.
(e) An applicant must have transportation throughout the labor market area to be
considered "available for suitable employment."
2.31EFFECTIVE DATE.This section is effective for determinations and appeal
2.32decisions issued on or after the day following final enactment.
Page 7, delete line 8 and insert "order to provide necessary care because of the
2.34illness, injury, or disability of an
Page 7, line 35, strike "the applicant's minor child" and insert "an immediate family
3.2member of the applicant
Page 8, after line 7, insert:
"Sec. 9. Minnesota Statutes 2008, section 268.095, subdivision 6, is amended to read:
Subd. 6. Employment misconduct defined.
(a) Employment misconduct means
any intentional, negligent, or indifferent conduct, on the job or off the job
a serious violation of the standards of behavior the employer has the right to
reasonably expect of the employee
that displays clearly
a substantial lack of concern for the employment.
3.11(b) Regardless of paragraph (a), the following is not employment misconduct:
3.12(1) conduct that was a consequence of the applicant's mental illness or impairment;
simple unsatisfactory conduct
, a single incident that does not have a significant
3.15 adverse impact on the employer,;
conduct an average reasonable employee would have engaged in under the
poor performance because of inability or incapacity
good faith errors in judgment if judgment was required
absence because of illness or injury of the applicant,
with proper notice to the
, are not employment misconduct.;
3.22(8) absence, with proper notice to the employer, in order to provide necessary care
3.23because of the illness, injury, or disability of an immediate family member of the applicant;
3.24 (b) (9)
conduct that was a direct result of the applicant's chemical dependency
3.25 not employment misconduct,
unless the applicant was previously diagnosed chemically
dependent or had treatment for chemical dependency, and since that diagnosis or treatment
has failed to make consistent efforts to control the chemical dependency
3.28 (c) (10)
conduct that was a result of the applicant, or
the applicant's minor child an
3.29immediate family member of the applicant
, being a victim of domestic abuse as defined
, is not employment misconduct
. Domestic abuse must be shown as
provided for in
268.095, subdivision 1
, clause (9).
(d) A driving offense (c) Regardless of paragraph (b), clause (9), conduct
that interferes with or adversely
affects the employment is employment misconduct.
4.1(d) An important fact which must be considered in deciding if the applicant's
4.2conduct rises to the level of employment misconduct under paragraph (a) is whether or not
4.3the applicant was discharged because of a single incident.
(e) The definition of employment misconduct provided by this subdivision is
exclusive and no other definition applies.
4.6EFFECTIVE DATE.This section is effective for determinations issued on or
4.7after August 2, 2009.
Page 8, line 9, delete "$9,900,000
" and insert "$9,290,259
Page 8, after line 13, insert:
"Sec. 11. FEDERAL CONFORMITY.
4.11Sections 1 through 7 are enacted in order to conform to the requirements of the
4.12American Recovery and Reinvestment Act, which provides Minnesota's unemployment
4.13insurance trust fund $130,063,620 in incentive payments if certain changes are made
4.14to the Minnesota Unemployment Insurance Law. These sections should be interpreted
4.15consistent with the requirements necessary to qualify for those incentive payments.
Renumber the sections in sequence and correct the internal references
Amend the title accordingly