1.1.................... moves to amend H.F. No. 1116, the first committee engrossment,
1.2as follows:
1.3Page 26, after line 1, insert:

1.4    "Sec. 5. Minnesota Statutes 2008, section 268.069, subdivision 2, is amended to read:
1.5    Subd. 2. Unemployment benefits paid from state funds. Unemployment benefits
1.6are paid from state funds and are not considered paid from any special insurance plan,
1.7nor as paid by an employer. An application for unemployment benefits is not considered
1.8a claim against an employer but is considered a request for unemployment benefits
1.9from the trust fund. The commissioner has the responsibility for the proper payment of
1.10unemployment benefits regardless of the level of interest or participation by an applicant or
1.11an employer in any determination or appeal. An applicant's entitlement to unemployment
1.12benefits must be determined based upon that information available without regard to
1.13any and the applicable burden of proof, and any agreement between an applicant and an
1.14employer is not binding on the commissioner in determining an applicant's entitlement.
1.15There is no presumption of entitlement or nonentitlement to unemployment benefits."
1.16Page 29, lines 5 and 6, delete the new language
1.17Page 33, delete section 1 and insert:

1.18    "Section 1. Minnesota Statutes 2008, section 268.031, is amended to read:
1.19268.031 STANDARD OF PROOF AND PRESUMPTION OF ELIGIBILITY.
1.20    Subdivision 1. Standard of proof. All issues of fact under the Minnesota
1.21Unemployment Insurance Law are determined by a preponderance of the evidence.
1.22Preponderance of the evidence means evidence in substantiation of a fact that, when
1.23weighed against the evidence opposing the fact, is more convincing and has a greater
1.24probability of truth.
1.25    Subd. 2. Presumption of eligibility. An applicant is presumed to be eligible for
1.26unemployment benefits unless precluded by statute from receiving benefits. In determining
2.1eligibility or ineligibility for benefits, the unemployment law judge must narrowly
2.2construe any statutory provision that would preclude an applicant from receiving benefits."
2.3Page 51, line 4, delete the new language
2.4Page 54, line 11, strike "An" and insert "Subject to section 268.031, an"
2.5Page 55, line 20, delete "matter will be decided" and insert "facts will be determined"
2.6Page 55, line 29, delete "matter will be decided upon" and insert "facts will be
2.7determined based on"
2.8Renumber the sections in sequence and correct internal references
2.9Correct the title numbers accordingly