1.1Senator Rarick moved to amend H.F. No. 1143 as follows (...):
1.2Page 1, after line 8, insert:

1.3    "Sec. 2. Minnesota Statutes 2024, section 126C.43, subdivision 2, is amended to read:
1.4    Subd. 2. Payment to unemployment insurance program trust fund by state and
1.5political subdivisions. (a) A district may levy the amount necessary (1) to pay the district's
1.6obligations under section 268.052, subdivision 1, and (2) to pay for job placement services
1.7offered to employees who may become eligible for benefits pursuant to section 268.085 for
1.8the fiscal year the levy is certified.
1.9(b) Districts with a balance remaining in their reserve for reemployment as of June 30,
1.102003, may not expend the reserved funds for future reemployment expenditures. Each year
1.11a levy reduction must be made to return these funds to taxpayers. The amount of the levy
1.12reduction must be equal to the lesser of: (1) the remaining reserved balance for reemployment;
1.13or (2) the amount of the district's current levy under paragraph (a).
1.14(c) The amount in paragraph (a) must not include the amounts for hourly school
1.15employees during the period of the summer term prior to September 10, 2028.
1.16(d) Beginning September 10, 2028, the amount in paragraph (a) must not include any
1.17amounts for hourly school employees whose unemployment costs are included in special
1.18education costs eligible for aid under section 125A.76.

1.19    Sec. 3. Minnesota Statutes 2024, section 268.085, subdivision 7, is amended to read:
1.20    Subd. 7. School employees; between terms denial. (a) Wage credits from employment
1.21with an educational institution or institutions may not be used for unemployment benefit
1.22purposes for any week during the period between two successive academic years or terms
1.23if:
1.24    (1) the applicant had employment for an educational institution or institutions in the
1.25prior academic year or term; and
1.26    (2) there is a reasonable assurance that the applicant will have employment for an
1.27educational institution or institutions in the following academic year or term.
1.28    This paragraph applies to the period between two regular but not successive terms if
1.29there is an agreement for that schedule between the applicant and the educational institution.
2.1    This paragraph does not apply if the subsequent employment is substantially less
2.2favorable than the employment of the prior academic year or term, or the employment prior
2.3to the vacation period or holiday recess.
2.4    (b) Paragraph (a) does not apply to any week during the period between two successive
2.5academic years or terms if an applicant worked in a capacity other than instructional, research,
2.6or principal administrative capacity.
2.7    (c) Paragraph (a) applies to a vacation period or holiday recess if the applicant was
2.8employed immediately before the vacation period or holiday recess, and there is a reasonable
2.9assurance that the applicant will be employed immediately following the vacation period
2.10or holiday recess, including applicants who worked in a capacity other than instructional,
2.11research, or principal administrative capacity.
2.12    (d) This subdivision applies to employment with an educational service agency if the
2.13applicant performed the services at an educational institution or institutions. "Educational
2.14service agency" means a governmental entity established and operated for the purpose of
2.15providing services to one or more educational institutions.
2.16    (e) This subdivision applies to employment with Minnesota, a political subdivision, or
2.17a nonprofit organization, if the services are provided to or on behalf of an educational
2.18institution or institutions.
2.19    (f) Paragraph (a) applies beginning the Sunday of the week that there is a reasonable
2.20assurance of employment.
2.21    (g) Employment and a reasonable assurance with multiple education institutions must
2.22be aggregated for purposes of application of this subdivision.
2.23    (h) If all of the applicant's employment with any educational institution or institutions
2.24during the prior academic year or term consisted of on-call employment, and the applicant
2.25has a reasonable assurance of any on-call employment with any educational institution or
2.26institutions for the following academic year or term, it is not considered substantially less
2.27favorable employment.
2.28    (i) A "reasonable assurance" may be written, oral, implied, or established by custom or
2.29practice.
2.30    (j) An "educational institution" is a school, college, university, or other educational entity
2.31operated by Minnesota, a political subdivision or instrumentality thereof, or a nonprofit
2.32organization.
3.1    (k) An "instructional, research, or principal administrative capacity" does not include
3.2an educational assistant.
3.3(l) This subdivision expires September 9, 2028.

3.4    Sec. 4. Minnesota Statutes 2024, section 268.085, is amended by adding a subdivision to
3.5read:
3.6    Subd. 7a. Higher education employees; between terms. (a) Starting September 10,
3.72028, this subdivision governs unemployment benefits of employees of higher education
3.8institutions between academic years or terms.
3.9(b) Wage credits from employment with an educational institution or institutions may
3.10not be used for unemployment benefit purposes for any week during the period between
3.11two successive academic years or terms if:
3.12(1) the applicant had employment for an educational institution or institutions in the
3.13prior academic year or term; and
3.14(2) there is a reasonable assurance that the applicant will have employment for an
3.15educational institution or institutions in the following academic year or term.
3.16This paragraph applies to the period between two regular but not successive terms if there
3.17is an agreement for that schedule between the applicant and the educational institution.
3.18This paragraph does not apply if the subsequent employment is substantially less favorable
3.19than the employment of the prior academic year or term, or the employment prior to the
3.20vacation period or holiday recess.
3.21(c) Paragraph (b) does not apply to any week during the period between two successive
3.22academic years or terms if an applicant worked in a capacity other than instructional, research,
3.23or principal administrative capacity.
3.24(d) Paragraph (b) applies to a vacation period or holiday recess if the applicant was
3.25employed immediately before the vacation period or holiday recess, and there is a reasonable
3.26assurance that the applicant will be employed immediately following the vacation period
3.27or holiday recess, including applicants who worked in a capacity other than instructional,
3.28research, or principal administrative capacity.
3.29(e) This subdivision applies to employment with an educational service agency if the
3.30applicant performed the services at an educational institution or institutions. "Educational
3.31service agency" means a governmental entity established and operated for the purpose of
3.32providing services to one or more educational institutions.
4.1(f) This subdivision applies to employment with Minnesota, a political subdivision, or
4.2a nonprofit organization, if the services are provided to or on behalf of an educational
4.3institution or institutions.
4.4(g) Paragraph (b) applies beginning the Sunday of the week that there is a reasonable
4.5assurance of employment.
4.6(h) Employment and a reasonable assurance with multiple education institutions must
4.7be aggregated for purposes of application of this subdivision.
4.8(i) If all of the applicant's employment with any educational institution or institutions
4.9during the prior academic year or term consisted of on-call employment, and the applicant
4.10has a reasonable assurance of any on-call employment with any educational institution or
4.11institutions for the following academic year or term, it is not considered substantially less
4.12favorable employment.
4.13(j) A "reasonable assurance" may be written, oral, implied, or established by custom or
4.14practice.
4.15(k) For purposes of this subdivision, an "educational institution" is a college or university
4.16operated by Minnesota, a political subdivision or instrumentality thereof, or a nonprofit
4.17organization.
4.18(l) An "instructional, research, or principal administrative capacity" does not include an
4.19educational assistant.

4.20    Sec. 5. Minnesota Statutes 2024, section 268.085, is amended by adding a subdivision to
4.21read:
4.22    Subd. 7b. School employees; between terms. (a) Starting September 10, 2028, this
4.23subdivision governs unemployment benefits of school employees between academic years
4.24or terms.
4.25(b) Wage credits from employment with an educational institution or institutions may
4.26not be used for unemployment benefit purposes for any week during the period between
4.27two successive academic years or terms if:
4.28(1) the applicant had employment for an educational institution or institutions in the
4.29prior academic year or term; and
4.30(2) there is a reasonable assurance that the applicant will have employment for an
4.31educational institution or institutions in the following academic year or term.
5.1This paragraph applies to a vacation period or holiday recess if the applicant was employed
5.2immediately before the vacation period or holiday recess, and there is a reasonable assurance
5.3that the applicant will be employed immediately following the vacation period or holiday
5.4recess. This paragraph also applies to the period between two regular but not successive
5.5terms if there is an agreement for that schedule between the applicant and the educational
5.6institution.
5.7This paragraph does not apply if the subsequent employment is substantially less favorable
5.8than the employment of the prior academic year or term, or the employment prior to the
5.9vacation period or holiday recess.
5.10(c) Paragraph (b) does not apply to an applicant who, at the end of the prior academic
5.11year or term, had an agreement for a definite period of employment between academic years
5.12or terms in other than an instructional, research, or principal administrative capacity and
5.13the educational institution or institutions failed to provide that employment.
5.14(d) If unemployment benefits are denied to any applicant under paragraph (b) who was
5.15employed in the prior academic year or term in other than an instructional, research, or
5.16principal administrative capacity and who was not offered an opportunity to perform the
5.17employment in the following academic year or term, the applicant is entitled to retroactive
5.18unemployment benefits for each week during the period between academic years or terms
5.19that the applicant filed a timely continued request for unemployment benefits, but
5.20unemployment benefits were denied solely because of paragraph (b).
5.21(e) This subdivision applies to employment with an educational service agency if the
5.22applicant performed the services at an educational institution or institutions. "Educational
5.23service agency" means a governmental entity established and operated for the purpose of
5.24providing services to one or more educational institutions.
5.25(f) This subdivision applies to employment with Minnesota, a political subdivision, or
5.26a nonprofit organization, if the services are provided to or on behalf of an educational
5.27institution or institutions.
5.28(g) Paragraph (b) applies beginning the Sunday of the week that there is a reasonable
5.29assurance of employment.
5.30(h) Employment and a reasonable assurance with multiple education institutions must
5.31be aggregated for purposes of application of this subdivision.
5.32(i) If all of the applicant's employment with any educational institution or institutions
5.33during the prior academic year or term consisted of on-call employment, and the applicant
6.1has a reasonable assurance of any on-call employment with any educational institution or
6.2institutions for the following academic year or term, it is not considered substantially less
6.3favorable employment.
6.4(j) A "reasonable assurance" may be written, oral, implied, or established by custom or
6.5practice.
6.6(k) For purposes of this subdivision, an "educational institution" is a school or other
6.7educational entity operated by Minnesota, a political subdivision or instrumentality thereof,
6.8or a nonprofit organization.
6.9(l) An "instructional, research, or principal administrative capacity" does not include an
6.10educational assistant.

6.11    Sec. 6. Minnesota Statutes 2024, section 268.085, is amended by adding a subdivision to
6.12read:
6.13    Subd. 8a. Services for school contractors. (a) Starting September 10, 2028, wage credits
6.14from an employer are subject to subdivision 7b, if:
6.15(1) the employment was provided under a contract between the employer and an
6.16elementary or secondary school; and
6.17(2) the contract was for services that the elementary or secondary school could have had
6.18performed by its employees.
6.19(b) Wage credits from an employer are not subject to subdivision 7b if:
6.20(1) those wage credits were earned by an employee of a private employer performing
6.21work under a contract between the employer and an elementary or secondary school; and
6.22(2) the employment was related to food services provided to the school by the employer."
6.23Renumber the sections in sequence and correct the internal references
6.24Amend the title accordingly
6.25The motion prevailed. #did not prevail. So the amendment was #not adopted.