1.1.................... moves to amend ....F. No. .... as follows:
1.2Page 2, line 17, after the period, insert: "The determination is effective the Sunday
1.3of the week that it was issued."
1.4Pages 3 to 4, delete section 3 and insert:

1.5    "Sec. 3. Minnesota Statutes 2011 Supplement, section 268.184, subdivision 1, is
1.6amended to read:
1.7    Subdivision 1. Administrative penalties. (a) The commissioner must penalize
1.8an employer if that employer or any employee, officer, or agent of that employer, is
1.9in collusion with any applicant for the purpose of assisting the applicant to receive
1.10unemployment benefits fraudulently. The penalty is $500 or the amount of unemployment
1.11benefits determined to be overpaid, whichever is greater.
1.12    (b) The commissioner must penalize an employer if that employer or any employee,
1.13officer, or agent of that employer (1) made a false statement or representation knowing it
1.14to be false, (2) made a false statement or representation without a good faith belief as to
1.15correctness of the statement or representation, (3) knowingly failed to disclose a material
1.16fact, or (4) made an offer of employment to an applicant when, in fact, the employer had
1.17no employment available, but only if the employer's action:.
1.18     (i) was taken to prevent or reduce the payment of unemployment benefits to any
1.19applicant;
1.20    (ii) was taken to reduce or avoid any payment required from an employer under
1.21this chapter or section 116L.20; or
1.22    (iii) caused an overpayment of unemployment benefits to an applicant.
1.23The penalty is the greater of $500, or 50 percent of the overpaid or reduced unemployment
1.24benefits or payment required, whichever is greater. following resulting from the
1.25employer's action:
1.26(i) the amount of any overpaid unemployment benefits to an applicant;
2.1(ii) the amount of unemployment benefits not paid to an applicant that would
2.2otherwise have been paid; or
2.3(iii) the amount of any payment required from the employer under this chapter or
2.4section 116L.20 that was not paid.
2.5    (c) The commissioner must penalize an employer if that employer failed or refused
2.6to honor a subpoena issued under section 268.105, subdivision 4, or section 268.188. The
2.7penalty is $500 and any costs of enforcing the subpoena, including attorney fees.
2.8    (d) Penalties under this subdivision and under section 268.047, subdivision 4,
2.9paragraph (b), are in addition to any other penalties and subject to the same collection
2.10procedures that apply to past due taxes. Penalties must be paid within 30 calendar days
2.11of assessment issuance of the determination of penalty and credited to the contingent
2.12account trust fund.
2.13    (e) The determination of the penalty is final unless the employer files an appeal
2.14within 20 calendar days after the sending of the determination of the penalty to the
2.15employer by mail or electronic transmission. Proceedings on the appeal are conducted in
2.16accordance with section 268.105.
2.17EFFECTIVE DATE.This section is effective July 1, 2012, except the amendments
2.18to paragraph (d) are effective for penalties imposed on or after July 1, 2013."
2.19Page 15, after line 16, insert:

2.20    "Sec. 5. Minnesota Statutes 2010, section 268.069, subdivision 2, is amended to read:
2.21    Subd. 2. Unemployment benefits paid from state funds. Unemployment benefits
2.22are paid from state funds and are not considered paid from any special insurance plan,
2.23nor as paid by an employer. An application for unemployment benefits is not considered
2.24a claim against an employer but is considered a request for unemployment benefits
2.25from the trust fund. The commissioner has the responsibility for the proper payment of
2.26unemployment benefits regardless of the level of interest or participation by an applicant or
2.27an employer in any determination or appeal. An applicant's entitlement to unemployment
2.28benefits must be determined based upon that information available and without regard to a
2.29burden of proof. Any agreement between an applicant and an employer is not binding on
2.30the commissioner in determining an applicant's entitlement. There is no presumption of
2.31entitlement or nonentitlement to unemployment benefits.

2.32    Sec. 6. Minnesota Statutes 2011 Supplement, section 268.07, subdivision 2, is
2.33amended to read:
3.1    Subd. 2. Benefit account requirements. (a) Unless paragraph (b) applies, to
3.2establish a benefit account an applicant must have total wage credits in the applicant's four
3.3quarter base period of at least: (1) $2,400; or (2) 5.3 percent of the state's average annual
3.4wage rounded down to the next lower $100, whichever is higher.
3.5(b) To establish a new benefit account within 52 calendar weeks following the
3.6expiration of the benefit year on a prior benefit account, an applicant must have performed
3.7services in covered employment and have been paid wages in a one or more completed
3.8calendar quarter quarters that started after the effective date of the prior benefit account.
3.9The wages paid for those services must be at least enough to meet the requirements of
3.10paragraph (a), and have been reported on wage detail under section 268.044. A benefit
3.11account under this paragraph may not be established effective earlier than the Sunday
3.12following the end of the most recent completed calendar quarter in which the requirements
3.13of paragraph (a) were met. One of the reasons for this paragraph is to prevent an applicant
3.14from establishing a second benefit account as a result of one loss of employment.
3.15EFFECTIVE DATE.This section is effective the day following final enactment."
3.16Page 21, delete lines 8 to 10
3.17Page 21, line 11, delete "(4)" and insert "(3)"
3.18Page 21, after line 12 insert:

3.19    "Sec. 14. REPEALER.
3.20Minnesota Rules, part 3315.0555, subparts 2, 3, and 4, are repealed.
3.21EFFECTIVE DATE.This section is effective the day following final enactment
3.22and applies retroactively to all pending cases."
3.23Renumber the sections in sequence and correct the internal references
3.24Amend the title accordingly