I checked out Alan Maki's blog
Thoughts From Podunk and Maki did a fantastic job in bringing forward the need for working people to get behind supporting legislation by Iron Range legislator Senator David Tomassoni.
I would encourage every worker to read Maki's
blog posting.
This is the
letter Maki sent to Senator Tomassoni. Pass it on to everyone you know.
I take this opportunity to say I whole heartedly support everything Alan Maki writes in this
letter.
On Maki's
blog you will find all the tools you will need to get involved in supporting "
The People's Bailout."
Don't think for a moment that this legislation is going to get through the Minnesota legislature with smooth sailing. We can't expect support from Republicans. We shouldn't have to worry about support from Democrats but we do because most of these Democrats are nothing but Republicans in disguise. Sad but true.
Why hasn't Jim Oberstar whipped DFL legislators into line behind "
The People's Bailout" like he did with Obama's "stimulus package?"
Amy Klobuchar sits like a bump on a log doing nothing to help working people. Disgusting.
Please, please do everything you can to create awareness and educate people that we are trying to get "The People's Bailout" through the Minnesota legislature.
Rita
Support S.F. 542 "The People's Bailout" by Minnesota DFL State Senator David Tomassoni
Support and follow this legislation:
https://www.revisor.leg.state.mn.us/revisor/pages/search_status/status_detail.php?b=Senate&f=SF0542&ssn=0&y=2009
-----Original Message-----
From: Alan Maki [mailto:amaki000@centurytel.net]
Sent: Thursday, February 12, 2009 8:53 PM
To:
sen.david.tomassoni@senate.mn; rep.al.juhnke@house.mn;
rep.bill.hilty@house.mn; rep.dave.olin@house.mn;
rep.tom.anzelc@house.mn;
rep.tom.Rukavina@house.mn; rep.tony.sertich@house.mn;
peter.makowski@mail.house.gov;
teresa_detrempe@klobuchar.senate.gov; amy_berglund@levin.senate.gov; elizabeth_reed@levin.senate.gov; 'Peter Rachleff'; mzweig@notes.cc.sunysb.edu; info@jamesmayer.org; rgettel@uaw.net; DLONG@uaw.net; debssoc@sbcglobal.net; 'Ley and Lea Soltis'; 'Joshua Frank'; carl.pope@sierraclub.org; carld717@aol.com
Cc: 'jan.alswager@educationminnesota.org'; 'dickanfang@mtn.org'; 'julie.bleyhl@afscmemn.org'; 'simbix@excite.com'; 'carlmnpipetrades@aol.com'; 'sdaniels@steelworkers-usw.org'; 'mderosa0144@yahoo.com'; 'bjderoy@msn.com'; 'aduininck@local49.org'; 'tdwyertcu@aol.com'; 'angelol@teamstersjc32.org'; 'tgrot@comcast.net'; 'billheaney@billheaney.com'; 'bhesse@att.net'; 'shunter@mnaflcio.org'; 'rjkuaw879@yahoo.com'; 'kkillian@mape.org'; 'evdebs_lives@yahoo.com'; 'rkolodziejski@mape.org'; 'rene.lara@educationminnesota.org'; 'rleighton@nmtlaw.com'; 'blehto@mnaflcio.org'; 'tim@cwamncouncil.org'; 'clund@mnaflcio.org'; 'wluneburg@here17.org'; 'starkmad@frontiernet.net'; 'kmakarios@mncarpenter.org'; 'doug.manley@charter.net'; 'harstpbt@mtn.org'; 'cwa7200@msn.com'; 'dobrien@mnaflcio.org'; 'charlieolson91@msn.com'; 'pparris@smw10.org'; 'tpufahl@mnldc.org'; 'utumnlegbd@visi.com'; 'Brandon.rettke@educationminnesota.org'; 'revs0001@umn.edu'; 'ateamster@msn.com'; 'ida.rukavina@afscmecouncil65.org'; 'jschaubach@mnaflcio.org'; 'Lisa.Stager@iamdl143.org'; 'mstrub@visi.com'; 'rvarco@seiu113.com'; 'gpss@comcast.net'; 'dybarra@scc.net'; WCS-A@yahoogroups.com; 'Dee DePass'; shove001@tc.umn.edu; 'Charley Underwood'; brian.melendez@usa.net; mnaflcio@mnaflcio.org; azeve001@umn.edu; benne001@umn.edu; jbono@umn.edu; jbudd@umn.edu; duffy111@umn.edu; jfossum@umn.edu; mzweig@notes.cc.sunysb.edu; glomb001@umn.edu; lmleslie@umn.edu; cmanch@umn.edu; remin003@umn.edu; scovi001@umn.edu; shawx218@umn.edu; wanbe001@umn.edu; wangx010@umn.edu; mzaidi@umn.edu; rarvey@umn.edu; bogna001@umn.edu; benra001@umn.edu; wels0078@umn.edu; carol@carolbergotoole.com; davi1228@umn.edu; tubre001@umn.edu; info@fightbacknews.org; shove001@tc.umn.edu; eliot.seide@afscmemn.org; jo.pels@afscmemn.org; john.westmoreland@afscmemn.org; bob.hilliker@afscmemn.org; jerry.serfling@afscmemn.org; diane.johnston@afscmemn.org; jim.niland@afscmemn.org; eric.lehto@afscmemn.org; michelle.stein@afscmemn.org; lois.mcewen@afscmemn.org; bart.andersen@afscmemn.org; bob.buckingham@afscmemn.org; tom.burke@afscmemn.org; joyce.carlson@afscmemn.org; chris.cowen@afscmemn.org; sandra.curtis@afscmemn.org; jeff.dains@afscmemn.org; kurt.errickson@afscmemn.org; diane.firkus@afscmemn.org; Jeff.Fowler@afscmemn.org; carole.gerst@afscmemn.org; scott.grefe@afscmemn.org; sid.helseth@afscmemn.org; bruce.iverson@afscmemn.org; linda.jackson@afscmemn.org; laurie.johnson@afscmemn.org; jill.kielblock@afscmemn.org; al.lehrke@afscmemn.org; ken.loefflerkemp@afscmemn.org; nola.lynch@afscmemn.org; steve.marincel@afscmemn.org; chas.martin@afscmemn.org; gladys.mckenzie@afscmemn.org; loretta.meinke@afscmemn.org; christi.nelson@afscmemn.org; cindy.nelson@afscmemn.org; matt.nelson@afscmemn.org; lorita.powell@afscmemn.org; amanda.prince@afscmemn.org; barb.sasik@afscmemn.org; marshall.stenersen@afscmemn.org; ryan.welles@afscmemn.org; jim.niland@afscmemn.org; laura.askelin@afscmemn.org; julie.bleyhl@afscmemn.org; jon.grebner@afscmemn.org; pam.lofquist@afscmemn.org; mark.mcafee@afscmemn.org; john.thorson@afscmemn.org; mark.baker@afscmemn.org; ryan.hanson@afscmemn.org; marybeth.juetten@afscmemn.org; adrienne.kern@afscmemn.org; beth.neubert@afscmemn.org; kevin.piatt@afscmemn.org; Jeff.Sabin@afscmemn.org; jessica.hayssen@afscmemn.org; jennifer.munt@afscmemn.org; judy.carlson@afscmemn.org; rita.during@afscmemn.org; leslie.evans@afscmemn.org; amy.williams@afscmemn.org; claudia.schufman@afscmemn.org; cindy.pince@afscmemn.org; jodi.ochocki@afscmemn.org; kathy.mcginnis@afscmemn.org; laureen.karnick@afscmemn.org; laureen.karnick@afscmemn.org; maya.hendricks@afscmemn.org; amy.heitman@afscmemn.org; mary.hamilton@afscmemn.org; dixie.englund@afscmemn.org; Christina.Domeier@afscmemn.org; deb.cassidy@afscmemn.org; maurine.barcus@afscmemn.org; lisa.altendorfer@afscmemn.org; 'Baker, Mary'; 'Maldonado, Alejandro'; teamstersjc32@teamstersjc32.org; baldes@teamsterslocal320.org; javery@teamsterslocal320.org; gburnes@teamsterslocal320.org; mcarey@teamsterslocal320.org; gcejka@teamsterslocal320.org; jderby@teamsterslocal320.org; sgabriel@teamsterslocal320.org; mgolen@teamsterslocal320.org; ljohnson@teamsterslocal320.org; mking@teamsterslocal320.org; modonnell@teamsterslocal320.org; tperkins@teamsterslocal320.org; kseime@teamsterslocal320.org; cswenson@teamsterslocal320.org; eskoog@teamsterslocal320.org; sbastian@teamsterslocal320.org; joni@teamsterslocal320.org; marcia@teamsterslocal320.org; kziembo@teamsterslocal320.org; suzanne@teamsterslocal320.org; rphillips@teamsterslocal320.org; kziegler@teamsterslocal320.org; local320@teamsterslocal320.org; sdaniels@usw.org; kgrover@usw.org; plindgren@usw.org; gparzino@usw.org; jperpich@usw.org; creed@usw.org; twidner@usw.org; jrebrovich@usw.org; cwarner@usw.org; dfichter@usw.org; mgriffin@usw.org; jmiller@usw.org; msusic@usw.org; rwilkey@usw.org; jwiseman@usw.org; rboulton@usw.org; pbitterman@usw.org; gbowen@usw.org; sgentry@usw.org; jkearns@usw.org; tmaki@usw.org; drizzuto@usw.org; nduchene@usw.org
Subject: Re: People's Bailout (SF 542)
Re: SF 542; The People’s Bailout
Senator David Tomassoni;
First, let me commend you for having the courage to bring this legislation forward; I am sure the opposition will be enormous even from your DFL colleagues, not to mention from Republicans and Governor Pawlenty.
I hope you intend to call for roll call votes at each step of the process on (SF 542) The People’s Bailout so there is more accountability than we had on S.F. 607 to save the Ford Plant; legislation you so courageously brought forward in the Senate Committee on Business, Industry and Labor where your fellow DFL'ers so shamefully let you, and more importantly, Ford Workers and Minnesotans, down. We need to keep in mind in the struggle ahead over The People's Bailout--- S.F. 542, that it was in this same Senate Committee where you failed to get help from your DFL colleagues in moving S.F. 607 forward--- out of Committee and through the Minnesota State Legislature and onto the Governor's desk.
We need to keep in mind that Senator Jim Metzen, while being a DFL'er, is also a banker--- an officer with Key Community Bank known for its very dirty deeds against working people. It is up to you and the rest of us to push Senator Metzen to do his job as Chair of the all-important, heavily DFL dominated Committee on Business, Industry and Labor and twist the arms needing twisting to get The People's Bailout through the Committee... again, I stress the need for a roll call vote to assure Minnesotans have complete accountability--- unlike with S.F. 607 where you received no support from your DFL colleagues yet none of the other Democrats or Republicans would acknowledge their very dirty and shameful role in sending S.F. 607 down to defeat.
Why haven’t you included something along the lines of SF 607 to automatically apply to any business closing which has received any kind of local, state or federal subsidies, tax abatement or public assistance of any kind in your People’s Bailout? This would be particularly important in trying, again, to save the St. Paul Ford Twin Cities Assembly Plant.
I am very leery that this is one more gimmick the DFL is using to make it appear the DFL is trying to do something when the intent is all show since the DFL did nothing to push SF 607 through the legislature; hopefully I am wrong about this since many, many Minnesotans will need such assistance.
Might I also suggest that you include rescinding “at-will hiring, at-will firing” legislation as part of The People’s Bailout since this would place Minnesota workers in line to benefit from the Employee Free Choice Act.
Also, might I suggest that you include a provision in this legislation that would establish the minimum wage in Minnesota to be in accordance with the calculations of the United States Department of Labor and its Bureau of Labor Statistics based upon the scientific facts pertaining to real cost of living factors and the minimum wage should be recalculated every time these cost of living factors are recalculated.
I agree with you that we can not spend our way out of this economic crisis and instead we need to work our way out of this mess which obviously requires all working people to be paid real living wages as a way to completely and thoroughly redistribute wealth in this country.
At the heart of this economic mess is the fact that wealth created by the working class has in fact been stolen in the form of huge profits by corporations not paying workers real living wages in accordance with cost of living factors; common sense tells us that depressions occur when working people cannot purchase back the goods they have produced which are required for human survival.
Common sense also dictates that we cannot allow the Ford Motor Company to start bringing Ford Rangers produced in Thailand into the United States instead of continuing production at the St. Paul Ford Twin Cities Assembly Plant.
Hopefully you will include something in this legislation protecting the rights of Minnesota’s 30,000 workers employed in the Indian Gaming Industry who are forced and compelled to work in smoke-filled casinos at poverty wages without any rights under state or federal labor laws… I am sure you understand with so many workers employed under these deplorable conditions these workers serve to drive down the standard of living of all workers in Minnesota. I am sure you are aware that casino workers, such as the thousands of workers employed at casinos like Mystic Lake Casino are forced to sign their names to statements that they know they will be terminated should they engage in union organizing. I think you should include something in this People’s Bailout directing the Minnesota Department of Employment and Economic Development that casino workers fired for union organizing cannot be denied unemployment benefits as they presently are.
In order to protect the rights of all workers in Minnesota to unemployment compensation which you want to extend (and your proposal for such extension is not long enough in my opinion given the fact that this economic mess is going to be with us for many years--- perhaps you should include unemployment coverage from time of layoff/firing to time of re-employment); but, getting back to the rights of workers to receive unemployment benefits in the first place, you need to eliminate the right of employers to challenge a worker’s right to unemployment benefits without having to provide a reason for the challenge.
Combined with “at-will hiring, at-will firing” this places workers in a real bind… fired without reason and then subjecting workers to the further injustice of being denied unemployment compensation due to an employer’s challenge without that employer having to provide a reason… this process can drag on for many months leaving workers without any income or public assistance--- meager as public assistance is in Minnesota… not to mention leaving workers and their families without health care. But, it does little good to extend unemployment compensation if employers are allowed to challenge a worker’s right to compensation without reason or just cause.
Without massive mobilization of members from the unions affiliated with the AFL-CIO and Change To Win this legislation has no chance of passing as you fully know and understand.
Have you heard from labor’s registered lobbyists concerning this legislation?
What have you heard from the Chamber of Commerce and other organizations representing employers and the business community regarding this legislation?
When will the first reading of this People’s Bailout take place? I can’t find anything on the legislature’s on-line calendar.
Please keep me informed of any hearings on this legislation as I would like to testify in support of this legislation.
Don’t forget; request there be recorded roll call vote at each step in the process so Minnesotans have full accountability; this not only assures accountability, but will cause those business oriented DFL’ers in the Summit Hill Club to think twice should they decide they want to join with their Republican colleagues in opposing this legislation.
Might I suggest you develop a newsletter--- printed in hard copy and e-mail format--- pertaining solely to SF 542 (The People’s Bailout) to keep its supporters in and out of the legislature fully and completely informed; a newsletter which requests supporters to do specific tasks in bringing the full weight of Minnesota’s working class--- organized and unorganized--- into support for this important piece of legislation… we certainly don’t want a repeat of only a handful of proponents showing up like what happened with SF 607. We should do everything possible to make sure that Minnesota’s working class “owns” this legislation and that we work together to mobilizes huge turn outs of working people supporting this legislation at each and every stage in the legislative process.
In my opinion, we should be looking at organizing Minnesota’s workers to mobilize fully in support of this important piece of legislation, S.F. 542 The People's Bailout, you are bringing forward.
You are most certainly aware that your legislation can serve as a model in winning new needed reforms comprising an extension of Franklin Roosevelt’s New Deal; just as the struggles for Roosevelt’s New Deal received powerful, decisive support from Minnesota’s socialist Governors Floyd Olson, Elmer Benson and John Bernard and other Farmer-Labor Party elected officials along with Minnesota’s working class--- especially the “red” Finns of the Iron Range. Let “The People’s Bailout” become a rallying point for the working class movement, and become a model for Barack Obama and the United States Congress along with other states to emulate and follow through on.
I assume you have spoken with Congressman Jim Oberstar and U.S. Senator Amy Klobuchar about developing similar legislation in Congress.
Might I suggest you request an appearance on Amy Goodman’s television program--- “Democracy Now!” to promote national working class unity in support of The People's Bailout.
I hope you will suggest to the Minnesota AFL-CIO and Change To Win they bring all their affiliated unions into support for this legislation and these unions in turn fully mobilize their memberships to every extent possible.
Your final item regarding state employees is very weak given the intent of leading Republicans to push for things like using the powers of state government to abrogate union contracts. As you know, Barack Obama and Congress are already doing the same thing with autoworkers; whereas, in France the government is prohibiting the abrogation of union contracts and requiring those businesses receiving government bailouts not to cut employment. You might want to take a look at what the French government is doing to protect the rights and jobs of working people.
I would encourage you to look at what action can be taken to make the Minnesota government the employer of choice for road building, bridge repair and maintenance so more jobs are created rather than contractors and engineering firms reaping huge profits, keeping in mind the reason for New Deal make work projects being so successful was that the government was the employer--- not private industry and corporations… again, common sense dictates that when you cut out profits more can be paid out in wages for more workers thus, as you say, and I agree, we work our way out of this mess rather than trying to spend our way out of this most severe crisis.
In conclusion, I would encourage you to consider some type of resolution calling on President Obama to discontinue his wars in Iraq, Afghanistan and Pakistan as well as cutting all funding for Israel since it makes little sense to pump three-quarters of a trillion dollars into economic “stimulus” while continuing to squander the exact same amount on wars and militarization, which is like taking our human and natural resources and tossing them into one of those polluted, water-filled, abandoned mining pits on the Iron Range or into U.S. Steel’s “Clear Water Reservoir” in Mountain Iron.
Also, as much as I am for road-building and repair to create jobs… I can’t see spending millions of dollars building a road from Minnesota Highway 71 out into the Big Bog for a Canadian peat mining operation to truck away the profits… you might want to mention to Congressman Oberstar that Franklin Roosevelt spent hundreds of thousands of dollars putting the Civilian Conservation Corps to work trying to protect this very sensitive ecosystem; it just destroys our credibility advocating for public works programs when Oberstar has spent millions destroying the good work the CCC did in trying to protect and save the Big Bog. I find it rather ironic this peat mining boon-doggle is taking place right at the site of the Civilian Conservation Corps camp site in the Pine Island State Forest in the Big Bog.
S.F. No. 542, as introduced - 86th Legislative Session (2009-2010) Posted on Feb 06, 2009
1.1A bill for an act
1.2relating to economic development; extending MFIP assistance; modifying
1.3unemployment compensation; augmenting foreclosure provisions; establishing a
1.4jobs creation program; limiting certain layoffs; appropriating money;amending
1.5Minnesota Statutes 2008, sections 256J.42, by adding a subdivision; 268.035,
1.6subdivisions 4, 21a; 268.07, subdivision 1; 268.085, subdivision 15; 504B.151;
1.7proposing coding for new law in Minnesota Statutes, chapter 582.
1.8BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.9 Section 1. Minnesota Statutes 2008, section 256J.42, is amended by adding a
1.10subdivision to read:
1.11 Subd. 1a. Temporary 60-month time limit extension. For assistance units that
1.12have reached the 60-month time limit under subdivision 1 or assistance units that will
1.13reach the 60-month time limit under subdivision 1 before the sunset of this subdivision,
1.14MFIP benefits are extended to eligible assistance units until the sunset of this subdivision.
1.15This subdivision sunsets July 1, 2011.
1.16 Sec. 2. Minnesota Statutes 2008, section 268.035, subdivision 4, is amended to read:
1.17 Subd. 4. Base period. (a) "Base period," unless otherwise provided in this
1.18subdivision, means the last four completed calendar quarters before the effective date of
1.19an applicant's application for unemployment benefits if the application has an effective
1.20date occurring after the month following the last completed calendar quarter. The base
1.21period under this paragraph is as follows:
1.22
1.23
1.24 If the application for unemployment
benefits is effective on or between these
dates: The base period is the prior:
1.25 February 1 - March 31 January 1 - December 31
2.1 May 1 - June 30 April 1 - March 31
2.2 August 1 - September 30 July 1 - June 30
2.3 November 1 - December 31 October 1 - September 30
2.4 (1) (b) If an application for unemployment benefits has an effective date that is
2.5during the month following the last completed calendar quarter, then the base period is
2.6the first four of the last five completed calendar quarters before the effective date of an
2.7applicant's application for unemployment benefits. The base period under this paragraph
2.8is as set forth below follows:
2.9
2.10
2.11 If the application for unemployment
benefits is effective on or between these
dates: The base period is the prior:
2.12 January 1 - March January 31 October 1 - September 30
2.13 April 1 - June April 30 January 1 - December 31
2.14 July 1 - September 30 July 31 April 1 - March 31
2.15 October 1 - December October 31 July 1 - June 30
2.16 (2) (c) If the applicant has insufficient wage credits to establish a benefit account
2.17under clauses (1) and (3), and paragraph (a) or (b), but during the base period under
2.18clause (1) paragraph (a) or (b) an applicant received workers' compensation for temporary
2.19disability under chapter 176 or a similar federal law or similar law of another state, or
2.20if an applicant whose own serious illness caused a loss of work for which the applicant
2.21received compensation for loss of wages from some other source, the applicant may
2.22request an extended base period as follows:
2.23 (i) (1) if an applicant was compensated for a loss of work of seven to 13 weeks, the
2.24base period is the first four of the last six completed calendar quarters before the effective
2.25date of the application for unemployment benefits;
2.26 (ii) (2) if an applicant was compensated for a loss of work of 14 to 26 weeks, the
2.27base period is the first four of the last seven completed calendar quarters before the
2.28effective date of the application for unemployment benefits;
2.29 (iii) (3) if an applicant was compensated for a loss of work of 27 to 39 weeks,
2.30the base period is the first four of the last eight completed calendar quarters before the
2.31effective date of the application for unemployment benefits; and
2.32 (iv) (4) if an applicant was compensated for a loss of work of 40 to 52 weeks, the
2.33base period is the first four of the last nine completed calendar quarters before the effective
2.34date of the application for unemployment benefits;.
2.35 (3) if the applicant has insufficient wage credits to establish a benefit account under
2.36clause (1), an alternate base period of the last four completed calendar quarters before the
2.37date the applicant's application for unemployment benefits is effective will be used. This
3.1base period can be used only 30 calendar days or more after the end of the last completed
3.2quarter, when a wage detail report has been, or should have been, filed for that quarter
3.3under section 268.044; and
3.4 (4) (d) No base period under clause (1), (2), or (3) paragraph (a), (b), or (c) may
3.5include wage credits upon which a prior benefit account was established.
3.6(e) Notwithstanding paragraph (a), the base period calculated under paragraph (b)
3.7using the first four of the last five complete calendar quarters before the effective date of
3.8the applicant's application for unemployment benefits must be used for an applicant if the
3.9applicant has more wage credits under that base period than under the base period in
3.10paragraph (a).
3.11EFFECTIVE DATE.This section is effective for applications for unemployment
3.12benefits filed effective on or after July 1, 2009.
3.13 Sec. 3. Minnesota Statutes 2008, section 268.035, subdivision 21a, is amended to read:
3.14 Subd. 21a. Reemployment assistance training. (a) An applicant is in
3.15"reemployment assistance training" when:
3.16 (1) a reasonable and opportunity for suitable employment for the applicant does not
3.17exist in the labor market area and it is necessary that the applicant receive additional
3.18training in order to obtain will assist the applicant in obtaining suitable employment;
3.19 (2) the curriculum, facilities, staff, and other essentials are adequate to achieve the
3.20training objective;
3.21 (3) the training is vocational in nature or short term academic training vocationally
3.22directed to an occupation or skill for which there are reasonable that will substantially
3.23enhance the employment opportunities available to the applicant in the applicant's labor
3.24market area;
3.25 (4) the training course is considered full time by the training provider; and
3.26 (5) the applicant is making satisfactory progress in the training.
3.27 (b) Full-time training provided through the dislocated worker program, the Trade
3.28Act of 1974, as amended, or the North American Free Trade Agreement is considered
3.29"reemployment assistance training," if that training course is in accordance with the
3.30requirements of that program.
3.31 (c) Apprenticeship training provided in order to meet the requirements of an
3.32apprenticeship program under chapter 178 is considered "reemployment assistance
3.33training."
3.34(d) An applicant is considered in reemployment assistance training only if the
3.35training course has actually started or is scheduled to start within 30 calendar days.
4.1EFFECTIVE DATE.This section is effective for determinations and appeal
4.2decisions issued on or after the day following final enactment.
4.3 Sec. 4. Minnesota Statutes 2008, section 268.07, subdivision 1, is amended to read:
4.4 Subdivision 1. Application for unemployment benefits; determination of benefit
4.5account. (a) An application for unemployment benefits may be filed in person, by mail,
4.6or by electronic transmission as the commissioner may require. The applicant must be
4.7unemployed at the time the application is filed and must provide all requested information
4.8in the manner required. The commissioner shall accept a valid individual taxpayer
4.9identification number from an applicant who is applying for benefits. If the applicant is
4.10not unemployed at the time of the application or fails to provide all requested information,
4.11the communication is not considered an application for unemployment benefits.
4.12 (b) The commissioner shall examine each application for unemployment benefits to
4.13determine the base period and the benefit year, and based upon all the covered employment
4.14in the base period the commissioner shall determine the weekly unemployment benefit
4.15amount available, if any, and the maximum amount of unemployment benefits available, if
4.16any. The determination is known as the determination of benefit account. A determination
4.17of benefit account must be sent to the applicant and all base period employers, by mail or
4.18electronic transmission.
4.19 (c) If a base period employer did not provide wage information for the applicant as
4.20provided for in section 268.044, or provided erroneous information, the commissioner
4.21may accept an applicant certification as to wage credits, based upon the applicant's records,
4.22and issue a determination of benefit account.
4.23 (d) The commissioner may, at any time within 24 months from the establishment of
4.24a benefit account, reconsider any determination of benefit account and make an amended
4.25determination if the commissioner finds that the determination was incorrect for any
4.26reason. An amended determination must be promptly sent to the applicant and all base
4.27period employers, by mail or electronic transmission.
4.28 (e) If an amended determination of benefit account reduces the weekly
4.29unemployment benefit amount or maximum amount of unemployment benefits available,
4.30any unemployment benefits that have been paid greater than the applicant was entitled
4.31is considered an overpayment of unemployment benefits. A determination or amended
4.32determination issued under this section that results in an overpayment of unemployment
4.33benefits must set out the amount of the overpayment and the requirement under section
4.34268.18, subdivision 1 , that the overpaid unemployment benefits must be repaid.
5.1 Sec. 5. Minnesota Statutes 2008, section 268.085, subdivision 15, is amended to read:
5.2 Subd. 15. Available for suitable employment defined. (a) "Available for suitable
5.3employment" means an applicant is ready and willing to accept suitable employment in
5.4the labor market area. The attachment to the work force must be genuine. An applicant
5.5may restrict availability to suitable employment, but there must be no other restrictions,
5.6either self-imposed or created by circumstances, temporary or permanent, that prevent
5.7accepting suitable employment.
5.8(b) Unless the applicant is in reemployment assistance training, to be considered
5.9"available for suitable employment," a student who has regularly scheduled classes must
5.10be willing to quit school discontinue classes to accept suitable employment when:
5.11(1) class attendance restricts the applicant from accepting suitable employment; and
5.12(2) the applicant is unable to change the scheduled class or make other arrangements
5.13that excuse the applicant from attending class.
5.14(c) An applicant who is absent from the labor market area for personal reasons, other
5.15than to search for work, is not "available for suitable employment."
5.16(d) An applicant who has restrictions on the hours of the day or days of the week
5.17that the applicant can or will work, that are not normal for the applicant's usual occupation
5.18or other suitable employment, is not "available for suitable employment." An applicant
5.19must be available for daytime employment, if suitable employment is performed during
5.20the daytime, even though the applicant previously worked the night shift.
5.21(e) An applicant must have transportation throughout the labor market area to be
5.22considered "available for suitable employment."
5.23EFFECTIVE DATE.This section is effective for determinations and appeal
5.24decisions issued on or after the day following final enactment.
5.25 Sec. 6. Minnesota Statutes 2008, section 504B.151, is amended to read:
5.26504B.151 RESTRICTION ON RESIDENTIAL LEASE TERMS FOR
5.27BUILDINGS IN FINANCIAL DISTRESS; REQUIRED NOTICE OF PENDING
5.28FORECLOSURE; RIGHTS OF TENANTS OF FORECLOSED PROPERTY.
5.29 Subdivision 1. Limitation on lease and notice to tenant. (a) Once a landlord
5.30has received notice of a contract for deed cancellation under section 559.21 or notice of
5.31a mortgage foreclosure sale under chapter 580 or 582, the landlord may only enter into
5.32(i) a periodic residential lease agreement with a term of not more than two months or
5.33the time remaining in the contract cancellation period or the mortgagor's redemption
6.1period, whichever is less or (ii) a fixed term residential tenancy not extending beyond the
6.2cancellation period or the landlord's period of redemption until:
6.3(1) the contract for deed has been reinstated or paid in full;
6.4(2) the mortgage default has been cured and the mortgage reinstated;
6.5(3) the mortgage has been satisfied;
6.6(4) the property has been redeemed from a foreclosure sale; or
6.7(5) a receiver has been appointed.
6.8(b) Before entering into a lease under this section and accepting any rent or security
6.9deposit from a tenant, the landlord must notify the prospective tenant in writing that the
6.10landlord has received notice of a contract for deed cancellation or notice of a mortgage
6.11foreclosure sale as appropriate, and the date on which the contract cancellation period or
6.12the mortgagor's redemption period ends. The landlord must also inform the prospective
6.13tenant of the tenant's right to continued utility services if the landlord defaults on utility
6.14payments during the foreclosure process.
6.15(c) This section does not apply to a manufactured home park as defined in section
6.16327C.01, subdivision 5 .
6.17 Subd. 2. Exception allowing a longer term lease. This section Subdivision 1
6.18does not apply if:
6.19(1) the holder or the mortgagee agrees not to terminate the tenant's lease other than
6.20for lease violations for at least one year from the commencement of the tenancy; and
6.21(2) the lease does not require the tenant to prepay rent for any month commencing
6.22after the end of the cancellation or redemption period, so that the rent payment would be
6.23due prior to the end of the cancellation or redemption period.
6.24For the purposes of this section, a holder means a contract for deed vendor or a
6.25holder of the sheriff's certificate of sale or any assignee of the contract for deed vendor or
6.26of the holder of the sheriff's certificate of sale.
6.27 Subd. 3. Transfer of tenancy by operation of law. (a) A tenant who enters into a
6.28lease under subdivision 2 is:
6.29(1) deemed by operation of law to become the tenant of the holder immediately upon
6.30the holder succeeding to the interest of the landlord under the lease; and
6.31(2) bound to the holder under all the provisions of the lease for either the balance of
6.32the lease term or for one year after the start of the tenancy, whichever occurs first.
6.33(b) A tenant who becomes the tenant of the holder under this subdivision is not
6.34obligated to pay rent to the holder until the holder mails, by first class mail to the tenant at
6.35the property address, written notice that the holder has succeeded to the interest of the
7.1landlord. A letter from the holder to the tenant to that effect is prima facie evidence that
7.2the holder has succeeded to the interest of the landlord.
7.3 Subd. 4. Holder not bound by certain acts. A holder succeeding to an interest in
7.4a lease lawfully entered into under subdivision 2 is not:
7.5(1) liable for any act or omission of any prior landlord;
7.6(2) subject to any offset or defense which the tenant had against any prior landlord; or
7.7(3) bound by any modification of the lease entered into under subdivision 2, unless
7.8the modification is made with the holder's consent.
7.9 Subd. 5. Rights of tenant of foreclosed property. (a) When a holder takes over a
7.10rental property as the result of a foreclosure:
7.11(1) a tenant is deemed by operation of law to become the tenant of the holder; and
7.12(2) all leases, verbal or written, and all terms and conditions of those agreements
7.13shall be transferred to the holder.
7.14(b) A holder shall:
7.15(1) maintain as rental property, property that was used as rental property by the
7.16landlord;
7.17(2) offer renewal leases to tenants of the foreclosed property; and
7.18(3) keep affordable rent levels in place.
7.19 Subd. 6. Eviction. Notwithstanding any other law to the contrary, a holder must not
7.20begin an eviction action against a tenant without cause.
7.21 Subd. 7. Termination of tenancy. Except for lease violations, a holder must not
7.22terminate the tenancy of a tenant of foreclosed property without cause.
7.23 Subd. 8. Periodic leases. A holder must offer a fixed-term lease option to a tenant
7.24with a periodic lease in place at the time the tenant becomes a tenant of the holder.
7.25 Subd. 9. Applicability. The provisions of subdivisions 5 to 8 apply to all tenants
7.26regardless of when a tenant entered into a rental agreement with the property owner or at
7.27what stage the foreclosure process was in when the rental agreement was entered.
7.28 Sec. 7. [582.33] FORECLOSURE MORATORIUM.
7.29 Subdivision 1. Emergency declared to exist. The legislature of the state of
7.30Minnesota declares that a public economic emergency exists in the state of Minnesota
7.31due to the increase in foreclosure rates. The legislature declares that these conditions
7.32have created a housing emergency that justifies legislation creating a moratorium on
7.33mortgage foreclosures.
7.34 Subd. 2. Court stay. In an action to foreclose a mortgage upon residential property
7.35under chapter 580 or 581, in which a judgment of foreclosure has not been entered by the
8.1effective date of this section, the district court having jurisdiction over the matter, upon
8.2motion of a defendant, shall order the action stayed for two years after the entry of the
8.3stay. The court may order that certain conditions relating to the property are met during
8.4the stay, including, but not limited to, possession of the property, payments by the person
8.5in possession, and preservation of the property.
8.6 Subd. 3. Application. This section applies only to mortgages executed before
8.7the effective date of this section.
8.8EFFECTIVE DATE.This section is effective the day following final enactment.
8.9 Sec. 8. SPECIAL STATE EMERGENCY UNEMPLOYMENT COMPENSATION
8.10PROGRAM.
8.11 Subdivision 1. Purpose. Federal law currently provides for a federally funded
8.12extension of unemployment insurance benefits for applicants who have exhausted
8.13entitlement to regular Minnesota unemployment insurance benefits. But, because federal
8.14law contains a special requirement that an applicant has earned a certain amount of base
8.15period insured wages, a significant group of applicants who exhausted their regular
8.16Minnesota unemployment insurance benefits do not qualify for the federally funded
8.17extension. The purpose of this section is to provide a state-funded extension to that group.
8.18 Subd. 2. Eligibility. (a) Special state emergency unemployment insurance benefits
8.19are payable to an applicant who does not qualify for a federally funded extension
8.20of unemployment insurance benefits solely because the applicant does not meet the
8.21requirement under section 4001(d)(2)(a) of the federal Supplemental Appropriations
8.22Act of 2008 that an applicant have wage credits of not less than 40 times the applicant's
8.23weekly benefit amount.
8.24(b) Except as provided in paragraph (a), all requirements for federally funded
8.25extended unemployment benefits and all requirements of Minnesota Statutes, chapter
8.26268, must be met in order for the applicant to be eligible for special state emergency
8.27unemployment insurance benefits.
8.28(c) Special state emergency unemployment insurance benefits are payable in the
8.29same amounts, the same duration, and for the same time period as provided for under the
8.30federal Supplemental Appropriations Act of 2008, and any later amendments, but shall
8.31be no less than 13 times the applicant's weekly special state emergency unemployment
8.32insurance benefit amount.
8.33 Subd. 3. Payment from trust fund. Special state emergency unemployment
8.34insurance benefits are payable from the Minnesota unemployment insurance trust fund.
8.35Special state emergency unemployment insurance benefits will not be used in computing
9.1the future unemployment insurance tax rate of a taxpaying employer nor will they be
9.2charged to the reimbursing account of government or nonprofit employers.
9.3 Subd. 4. Expiration. This section expires on June 30, 2010, and no benefits shall be
9.4paid under this section for a week beginning after that date.
9.5EFFECTIVE DATE.This section is effective the Sunday following final enactment
9.6and applies only to weeks of unemployment after that date.
9.7 Sec. 9. JOBS CREATION GRANT PROGRAM.
9.8 Subdivision 1. Establishment. The commissioner of employment and economic
9.9development shall develop and implement a jobs creation grant program to make grants
9.10available to cities and towns for public and private projects that will generate new jobs
9.11and produce a stronger state economy.
9.12 Subd. 2. Fund distribution. In distributing funds, the commissioner shall give
9.13priority consideration to projects that are available to begin immediately and to projects
9.14that promote environmental sustainability and a green economy.
9.15 Subd. 3. Funding. To the extent that the commissioner receives funds for this
9.16purpose in fiscal year 2009, funding for the jobs creation grant program shall be done
9.17through federal stimulus dollars. If federal stimulus dollars are not available, funds shall
9.18come from state sources.
9.19 Subd. 4. Appropriation. $....... is appropriated from the general fund to the
9.20commissioner of employment and economic development to develop and implement
9.21a jobs creation grant program. This appropriation is only available if federal stimulus
9.22dollars are not available. This appropriation is available until expended.
9.23EFFECTIVE DATE.This section is effective the day following final enactment.
9.24 Sec. 10. STATE EMPLOYEE LAYOFFS.
9.25For the 2010 and 2011 biennium, in order to prevent increased unemployment and to
9.26protect jobs, the legislature shall not mandate layoffs of state employees, including, but
9.27not limited to, employees of the University of Minnesota.
9.28EFFECTIVE DATE.This section is effective the day following final enactment.
Please direct all comments concerning issues or legislation
to your House Member or State Senator.
For Legislative Staff or for directions to the Capitol, visit the Contact Us page.
General questions or comments.
last updated: 01/30/2009
Again, thanking you for having the moral and political courage in standing up and fighting for the rights and livelihoods of Minnesota's working class, and for having the common sense and intelligence to know that we cannot spend our way out of this economic crisis; rather, understanding and explaining that for working people and the working class the way out of this crisis, and the way to a better future, will be found in working our way out of this crisis.
In full support of your leadership in bringing forward The People's Bailout--- Senate File 542...
For a living wage job, justice and equality along with a voice at work for each and every worker in Minnesota...
On behalf of Minnesota's 30,000 workers in the Indian Gaming Industry organizing and struggling to survive while employed in smoke-filled casinos at poverty wages, without any rights under state or federal labor laws...
Sincerely,
Alan L. Maki
Director of Organizing,
Midwest Casino Workers Organizing Council
Posted by Alan L. Maki at 9:09 PM
