Minnesota Session Laws - 1994, Regular Session

                            CHAPTER 488-H.F.No. 3053 
                  An act relating to unemployment compensation; changing 
                  its name; modifying provisions relating to reporting 
                  requirements, eligibility conditions, and liability 
                  for benefits; amending Minnesota Statutes 1992, 
                  sections 268.03; 268.08, subdivision 1; and 268.10, 
                  subdivision 1; Minnesota Statutes 1993 Supplement, 
                  sections 268.08, subdivision 6; 268.09, subdivision 1; 
                  268.10, subdivision 2; and 268.161, subdivision 9. 
        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
           Section 1.  Minnesota Statutes 1992, section 268.03, is 
        amended to read: 
           268.03 [DECLARATION OF PUBLIC POLICY.] 
           As a guide to the interpretation and application of 
        sections 268.03 to 268.31, the public policy of this state is 
        declared to be as follows:  Economic insecurity due to 
        unemployment is a serious menace to the health, morals, and 
        welfare of the people of this state.  Involuntary unemployment 
        is therefore a subject of general interest and concern which 
        requires appropriate action by the legislature to prevent its 
        spread and to lighten its burdens.  This can be provided by 
        encouraging employers to provide more stable employment and by 
        the systematic accumulation of funds during periods of 
        employment to provide benefits for periods of unemployment, thus 
        maintaining purchasing power and limiting the serious social 
        consequences of poor relief assistance.  The legislature, 
        therefore, declares that in its considered judgment the public 
        good and the general welfare of the citizens of this state will 
        be promoted by providing, under the police powers of the state 
        for the compulsory setting aside of unemployment reserves to be 
        used for the benefit of persons unemployed through no fault of 
        their own.  In recognition of its focus on returning the worker 
        to gainful employment, this program will be known in Minnesota 
        as "reemployment insurance."  
           Sec. 2.  Minnesota Statutes 1992, section 268.08, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [ELIGIBILITY CONDITIONS.] An individual 
        shall be eligible to receive benefits with respect to any week 
        of unemployment only if the commissioner finds that the 
        individual: 
           (1) has registered for work at and thereafter has continued 
        to report to an employment office, or agent of the office, in 
        accordance with rules the commissioner may adopt; except that 
        the commissioner may by rule waive or alter either or both of 
        the requirements of this clause as to types of cases or 
        situations with respect to which the commissioner finds that 
        compliance with the requirements would be oppressive or would be 
        inconsistent with the purposes of sections 268.03 to 268.231.  
        The method of reporting allowed must not require an in-person 
        appearance, and may incorporate appropriate new technology; 
           (2) has made a claim for benefits in accordance with rules 
        as the commissioner may adopt; 
           (3) was able to work and was available for work, and was 
        actively seeking work.  The individual's weekly benefit amount 
        shall be reduced one-fifth for each day the individual is unable 
        to work or is unavailable for work.  Benefits shall not be 
        denied by application of this clause to an individual who is in 
        training with the approval of the commissioner, is a dislocated 
        worker as defined in section 268.975, subdivision 3, who is in 
        training approved by the commissioner, or in training approved 
        pursuant to section 236 of the Trade Act of 1974, as amended. 
           An individual is deemed unavailable for work with respect 
        to any week which occurs in a period when the individual is a 
        full-time student in attendance at, or on vacation from an 
        established school, college, or university unless a majority of 
        the individual's wages paid during the 52 weeks preceding the 
        claim date were for services performed during weeks in which the 
        student was attending school as a full-time student.  
           An individual serving as a juror shall be considered as 
        available for work and actively seeking work on each day the 
        individual is on jury duty; and 
           (4) has been unemployed for a waiting period of one week 
        during which the individual is otherwise eligible for benefits 
        under sections 268.03 to 268.231.  However, payment for the 
        waiting week, not to exceed $20, shall be made to the individual 
        after the individual has qualified for and been paid benefits 
        for four weeks of unemployment in a benefit year which period of 
        unemployment is terminated because of the individual's return to 
        employment.  No individual is required to serve a waiting period 
        of more than one week within the one-year period subsequent to 
        filing a valid claim and commencing with the week within which 
        the valid claim was filed.; and 
           (5) has been participating in reemployment services, such 
        as job search assistance services, if the individual has been 
        determined to be likely to exhaust regular benefits and need 
        reemployment services pursuant to a profiling system established 
        by the commissioner, unless there is justifiable cause for the 
        claimant's failure to participate. 
           Sec. 3.  Minnesota Statutes 1993 Supplement, section 
        268.08, subdivision 6, is amended to read: 
           Subd. 6.  [SERVICES PERFORMED FOR STATE, MUNICIPALITIES, OR 
        CHARITABLE CORPORATION.] Benefits based on service in employment 
        defined in section 268.04, subdivision 12, clauses (7), (8) and 
        (9), are payable in the same amount, on the same terms and 
        subject to the same conditions as benefits payable on the basis 
        of other service subject to this chapter; except that 
           (a) Benefits based upon service performed in an 
        instructional, research, or principal administrative capacity 
        for an educational institution of higher education or a public 
        school, or a nonpublic school, or the Minnesota state academy 
        for the deaf or Minnesota state academy for the blind, or the 
        Minnesota center for arts education, or in a public or nonpublic 
        school for an educational cooperative service unit established 
        under section 123.58, or any other educational service agency as 
        defined in section 3304(a)(6)(A)(IV) of the Federal Unemployment 
        Tax Act, shall not be paid for any week of unemployment 
        commencing during the period between two successive academic 
        years or terms, or during a similar period between two regular 
        but not successive terms, or during a period of paid sabbatical 
        leave provided for in the individual's contract, to any 
        individual if the individual performs the services in the first 
        of the academic years or terms and if there is a contract or a 
        reasonable assurance that the individual will perform services 
        in any such capacity for any an educational institution of 
        higher education, public school, nonpublic school, Minnesota 
        state academies for the deaf and blind, the Minnesota center for 
        arts education, an educational cooperative service unit, or 
        other educational service agency, in the second of the academic 
        years or terms; 
           (b) With respect to service performed in any capacity other 
        than those capacities described in clause (a) of this 
        subdivision, for an educational institution, benefits shall not 
        be paid on the basis of these services to any individual for any 
        week which commences during a period between two successive 
        academic years or terms if the individual performs the services 
        in the first of the academic years or terms and there is a 
        reasonable assurance that the individual will perform the 
        services in the second of the academic years or terms.  If 
        benefits are denied to any individual under this clause and the 
        individual was not offered an opportunity to perform the 
        services in the second of the academic years or term, the 
        individual shall be entitled to a retroactive payment of 
        benefits for each week in which the individual filed a timely 
        claim for benefits, but the claim was denied solely because of 
        this clause; 
           (c) With respect to services described in clause (a) or 
        (b), benefits payable on the basis of the services shall not be 
        paid to any individual for any week which commences during an 
        established and customary vacation period or holiday recess if 
        the individual performs the services in the period immediately 
        before the vacation period or holiday recess, and there is a 
        reasonable assurance that the individual will perform the 
        services in the period immediately following the vacation period 
        or holiday recess; 
           (d) With respect to services described in clause (a) or 
        (b), benefits shall not be payable on the basis of services in 
        any capacity specified in clauses (a), (b), and (c) to any 
        individual who performed those services in an educational 
        institution while in the employ of an educational service 
        agency.  For purposes of this clause, "educational service 
        agency" means a governmental agency or governmental entity which 
        is established and operated exclusively for the purpose of 
        providing services to one or more educational institutions; and 
           (e) With respect to services to state and local government, 
        or nonprofit organizations covered by section 501(c)(3) of the 
        Internal Revenue Code of 1986, as amended through December 31, 
        1992, if services are provided to or on behalf of an educational 
        institution, benefits must be denied under the same 
        circumstances as described in clauses (a) to (d). 
           Sec. 4.  Minnesota Statutes 1993 Supplement, section 
        268.09, subdivision 1, is amended to read: 
           Subdivision 1.  [DISQUALIFYING CONDITIONS.] An individual 
        separated from any employment under paragraph (a), (b), or (d) 
        shall be disqualified for waiting week credit and benefits.  For 
        separations under paragraphs (a) and (b), the disqualification 
        shall continue until four calendar weeks have elapsed following 
        the individual's separation and the individual has earned eight 
        times the individual's weekly benefit amount in insured work. 
           (a)  [VOLUNTARY LEAVE.] The individual voluntarily and 
        without good cause attributable to the employer discontinued 
        employment with such employer.  For the purpose of this 
        paragraph, a separation from employment by reason of its 
        temporary nature or for inability to pass a test or for 
        inability to meet performance standards necessary for 
        continuation of employment shall not be deemed voluntary.  
           A separation shall be for good cause attributable to the 
        employer if it occurs as a consequence of sexual harassment.  
        Sexual harassment means unwelcome sexual advances, requests for 
        sexual favors, sexually motivated physical contact or other 
        conduct or communication of a sexual nature when:  (1) the 
        employee's submission to such conduct or communication is made a 
        term or condition of the employment, (2) the employee's 
        submission to or rejection of such conduct or communication is 
        the basis for decisions affecting employment, or (3) such 
        conduct or communication has the purpose or effect of 
        substantially interfering with an individual's work performance 
        or creating an intimidating, hostile, or offensive working 
        environment and the employer knows or should know of the 
        existence of the harassment and fails to take timely and 
        appropriate action.  
           (b)  [DISCHARGE FOR MISCONDUCT.] The individual was 
        discharged for misconduct, not amounting to gross misconduct 
        connected with work or for misconduct which interferes with and 
        adversely affects employment. 
           (c)  [EXCEPTIONS TO DISQUALIFICATION.] An individual shall 
        not be disqualified under paragraphs (a) and (b) under any of 
        the following conditions: 
           (1) the individual voluntarily discontinued employment to 
        accept employment offering substantially better conditions or 
        substantially higher wages or both; 
           (2) the individual is separated from employment due to 
        personal, serious illness provided that such individual has made 
        reasonable efforts to retain employment. 
           An individual who is separated from employment due to the 
        individual's illness of chemical dependency which has been 
        professionally diagnosed or for which the individual has 
        voluntarily submitted to treatment and who fails to make 
        consistent efforts to maintain the treatment the individual 
        knows or has been professionally advised is necessary to control 
        that illness has not made reasonable efforts to retain 
        employment. 
           (3) the individual accepts work from a base period employer 
        which involves a change in location of work so that said work 
        would not have been deemed to be suitable work under the 
        provisions of subdivision 2 and within a period of 13 weeks from 
        the commencement of said work voluntarily discontinues 
        employment due to reasons which would have caused the work to be 
        unsuitable under the provision of said subdivision 2; 
           (4) the individual left employment because of reaching 
        mandatory retirement age and was 65 years of age or older; 
           (5) the individual is terminated by the employer because 
        the individual gave notice of intention to terminate employment 
        within 30 days.  This exception shall be effective only through 
        the calendar week which includes the date of intended 
        termination, provided that this exception shall not result in 
        the payment of benefits for any week for which the individual 
        receives the individual's normal wage or salary which is equal 
        to or greater than the weekly benefit amount; 
           (6) the individual is separated from employment due to the 
        completion of an apprenticeship program, or segment thereof, 
        approved pursuant to chapter 178; 
           (7) the individual voluntarily leaves part-time employment 
        with a base period employer while continuing full-time 
        employment if the individual attempted to return to part-time 
        employment after being separated from the full-time employment, 
        and if substantially the same part-time employment with the base 
        period employer was not available for the individual; 
           (8) the individual is separated from employment based 
        solely on a provision in a collective bargaining agreement by 
        which an individual has vested discretionary authority in 
        another to act on behalf of the individual; 
           (9) except as provided in paragraph (d), separations from 
        part-time employment will not be disqualifying when the claim is 
        based on sufficient full-time employment to establish a valid 
        claim from which the claimant has been separated for 
        nondisqualifying reasons; or 
           (10) the individual accepts employment during the benefit 
        year which represents a substantial departure from the 
        individual's customary occupation and experience and would not 
        be deemed suitable work as defined under subdivision 2, 
        paragraphs (a) and (b), and within a period of 30 days from the 
        commencement of that work voluntarily discontinues the 
        employment due to reasons which would have caused the work to be 
        unsuitable under the provisions of subdivision 2 or, if in 
        commission sales, because of a failure to earn gross commissions 
        averaging an amount equal to or in excess of the individual's 
        weekly benefit amount.  Other provisions notwithstanding, 
        applying this provision precludes the use of these wage credits 
        to clear a disqualification. 
           (d)  [DISCHARGE FOR GROSS MISCONDUCT.] The individual was 
        discharged for gross misconduct connected with work or gross 
        misconduct which interferes with and adversely affects the 
        individual's employment.  For a separation under this clause, 
        the commissioner shall impose a total disqualification for the 
        benefit year and cancel all of the wage credits from the last 
        employer from whom the individual was discharged for gross 
        misconduct connected with work. 
           For the purpose of this paragraph "gross misconduct" is 
        defined as misconduct involving assault and battery or the 
        malicious destruction of property or arson or sabotage or 
        embezzlement or any other act, including theft, the commission 
        of which amounts to a felony or gross misdemeanor.  For an 
        employee of a health care facility, gross misconduct also 
        includes misconduct involving an act of patient or resident 
        abuse as defined in section 626.557, subdivision 2, clause (d).  
           If an individual is convicted of a felony or gross 
        misdemeanor for the same act or acts of misconduct for which the 
        individual was discharged, the misconduct is conclusively 
        presumed to be gross misconduct if it was connected with the 
        individual's work. 
           (e)  [LIMITED OR NO CHARGE OF BENEFITS.] Benefits paid 
        subsequent to an individual's separation under any of the 
        foregoing paragraphs, excepting paragraphs (c)(3), (c)(5), and 
        (c)(8), shall not be used as a factor in determining the future 
        contribution rate of the employer from whose employment such 
        individual separated. 
           Benefits paid subsequent to an individual's failure to 
        accept an offer of suitable reemployment or to accept 
        reemployment which offered substantially the same or better 
        hourly wages and conditions of work as were previously provided 
        by that employer, but was deemed unsuitable under subdivision 2, 
        shall not be used as a factor in determining the future 
        contribution rate of the employer whose offer of reemployment 
        was not accepted or whose offer of reemployment was refused 
        solely due to the distance of the available work from the 
        individual's residence, the individual's own serious illness, 
        the individual's other employment at the time of the offer, or 
        if the individual is in training with the approval of the 
        commissioner. 
           Benefits paid by another state as a result of Minnesota 
        transferring wage credits under the federally required combined 
        wage agreement shall not be directly charged to either the 
        taxpaying or reimbursing employer. 
           (f)  [ACTS OR OMISSIONS.] An individual who was employed by 
        an employer shall not be disqualified for benefits under this 
        subdivision for any acts or omissions occurring after separation 
        from employment with the employer.  
           (g)  [DISCIPLINARY SUSPENSIONS.] An individual shall be 
        disqualified for waiting week credit and benefits for the 
        duration of any disciplinary suspension of 30 days or less 
        resulting from the individual's own misconduct.  Disciplinary 
        suspensions of more than 30 days shall constitute a discharge 
        from employment. 
           Sec. 5.  Minnesota Statutes 1992, section 268.10, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [FILING.] (a) Claims for benefits shall be 
        made in accordance with such rules as the commissioner may 
        prescribe.  Each employer shall post and maintain printed 
        statements of such rules in places readily accessible to 
        individuals in the employer's service and shall make available 
        to each such individual at the time of becoming unemployed, a 
        printed statement of such rules.  Such printed statements shall 
        be supplied by the commissioner to each employer without cost to 
        the employer. 
           (b) Any employer upon separation of an employee from 
        employment for any reason which may result in disqualification 
        for benefits under section 268.09, shall furnish to such 
        employee a separation notice which shall provide the employer's 
        name, address, and employer account number as registered with 
        the department, the employee's name and social security account 
        number, the inclusive dates of employment, and the reason for 
        the separation.  A copy of such separation notice shall be filed 
        with the commissioner within seven days of such separation.  The 
        commissioner shall require each individual filing a new or 
        reopened claim for benefits to establish a benefit year to 
        furnish the reason for separation from all employers in the 
        individual's base period and the most recent employer. 
           (c) For the purpose of complying with section 268.04, 
        subdivision 2, the commissioner may require all base period 
        employers to provide such information as the commissioner may 
        prescribe, including, but not limited to, wages paid during any 
        part of the base period, whether or not such information was 
        previously provided. 
           (d) Upon establishment of a benefit year, the commissioner 
        shall give notice to the last employer for whom the individual 
        worked and all base period employers and registered successors 
        to those employers as defined in section 268.06, subdivision 
        22.  The employer so notified shall have seven days after the 
        mailing of the notice to file a protest to monetary entitlement 
        or a protest raising an issue of ineligibility or 
        disqualification. 
           (e) If, upon review of the wage information on file with 
        the department, it is found that an employer failed to provide 
        wage information for the claimant, the commissioner shall accept 
        a claimant certification as to the wage credits earned, based 
        upon the claimant's records, and issue a monetary determination 
        of validity certification.  This determination may be modified 
        based upon corrected information subsequently received from the 
        employer or other sources.  The employer who failed to report 
        the individual's wages or filed an erroneous report may be 
        penalized in accordance with section 268.16 or 268.18.  In the 
        absence of fraud, if a redetermination of validity of claim 
        based on an employer's late corrected or erroneous report 
        subsequently cancels or reduces the amount of benefits to which 
        a claimant was entitled under the initial determination, the 
        claimant shall not be required to make repayment to the fund of 
        any benefits paid prior to such redetermination; and. 
           (f) The commissioner shall determine any issue raised under 
        paragraph (d) or by an employer's late report.  If an employer 
        fails to file a separation notice within the time limits 
        prescribed in paragraph (b), Any relief from benefit charges 
        provided by section 268.09, subdivision 1, paragraph (e), shall 
        apply to weeks of unemployment beginning after the filing of the 
        late report or protest.  
           Sec. 6.  Minnesota Statutes 1993 Supplement, section 
        268.10, subdivision 2, is amended to read: 
           Subd. 2.  [EXAMINATION OF CLAIMS; DETERMINATION; APPEAL.] 
        (1) An official, designated by the commissioner, shall promptly 
        examine each claim for benefits filed to establish a benefit 
        year pursuant to this section, and, on the basis of the facts 
        found, shall determine whether or not such claims are valid, and 
        if valid, the weekly benefit amount payable, the maximum benefit 
        amount payable during the benefit year, and the date the benefit 
        year terminates, and this determination shall be known as the 
        determination of validity.  Notice of the determination of 
        validity or any redetermination as provided for in clause (4) 
        shall be promptly given the claimant and all other interested 
        parties.  If within the time specified for the filing of a 
        protest as provided in subdivision 1, the employer makes an 
        allegation of disqualification or raises an issue of the 
        chargeability to the employer's account of benefits that may be 
        paid on such claim, if the claim is valid, the issue thereby 
        raised shall be promptly determined by said official and a 
        notification of the determination delivered or mailed to the 
        claimant and the employer.  If an initial determination or a 
        referee's decision or the commissioner's decision awards 
        benefits, the benefits shall be paid promptly regardless of the 
        pendency of any appeal period or any appeal or other proceeding 
        which may thereafter be taken.  Except as provided in clause 
        (6), if a referee's decision modifies or reverses an initial 
        determination awarding benefits, or if a commissioner's decision 
        modifies or reverses an appeal decision awarding benefits, any 
        benefits paid under the award of such initial determination or 
        referee's decision shall be deemed erroneous payments. 
           (2) At any time within 24 months from the date of the 
        filing of a valid claim for benefits by an individual, an 
        official of the department or any interested party or parties 
        raises an issue of claimant's eligibility for benefits for any 
        week or weeks in accordance with the requirements of the 
        provisions of sections 268.03 to 268.231 or any official of the 
        department or any interested party or parties or benefit year 
        employer raises an issue of disqualification in accordance with 
        the rules of the commissioner, a determination shall be made 
        thereon and a written notice thereof shall be given to the 
        claimant and such other interested party or parties or benefit 
        year employer.  A determination issued under this clause which 
        denies benefits for weeks for which the claimant has previously 
        been paid benefits is an overpayment of those benefits subject 
        to section 268.18.  
           (3) A determination issued pursuant to clauses (1) and (2) 
        shall be final unless an appeal therefrom is filed by a claimant 
        or employer within 15 days after the mailing of the notice of 
        the determination to the last known address or personal delivery 
        of the notice.  Every notice of determination shall contain a 
        prominent statement indicating in clear language the method of 
        appealing the determination, the time within which such an 
        appeal must be made, and the consequences of not appealing the 
        determination.  A timely appeal from a determination of validity 
        in which the issue is whether an employing unit is an employer 
        within the meaning of this chapter or whether services performed 
        for an employer constitute employment within the meaning of this 
        chapter shall be subject to the provisions of section 268.12, 
        subdivision 13. 
           (4) At any time within 24 months from the date of the 
        filing of a valid claim for benefits by an individual, the 
        commissioner on the commissioner's own motion may reconsider a 
        determination of validity made thereon and make a 
        redetermination thereof on finding that an error in computation 
        or identity or the crediting of wage credits has occurred in 
        connection therewith or if the determination was made as a 
        result of a nondisclosure or misrepresentation of a material 
        fact.  A determination or redetermination issued under this 
        clause which denies benefits for weeks for which the claimant 
        has previously been paid benefits is an overpayment of those 
        benefits subject to section 268.18.  
           (5) However, the commissioner may refer any disputed claims 
        directly to a referee for hearing and determination in 
        accordance with the procedure outlined in subdivision 3 and the 
        effect and status of such determination in such a case shall be 
        the same as though the matter had been determined upon an appeal 
        to the tribunal from an initial determination. 
           (6) If a referee's decision affirms an initial 
        determination awarding benefits or the commissioner affirms a 
        referee's decision awarding benefits, the decision, if finally 
        reversed, shall result in a disqualification only for weeks 
        following the week in which the commissioner's decision, or the 
        court's decision, reversing the award of benefits was issued and 
        benefits paid for that week and previous weeks shall neither be 
        deemed overpaid nor shall they be considered in determining any 
        individual employer's future contribution rate under section 
        268.06. 
           Sec. 7.  Minnesota Statutes 1993 Supplement, section 
        268.161, subdivision 9, is amended to read: 
           Subd. 9.  [PERSONAL LIABILITY.] Any officer, director, or 
        employee of a corporation or any manager, governor, member, or 
        employee of a limited liability company which is an employer 
        under sections 268.03 to 268.231, and any manager, governor, or 
        member of a limited liability company having 20 percent 
        ownership interest of a limited liability company which is an 
        employer under sections 268.03 to 268.231, who 
           (1) either individually or jointly with others, have or 
        should have had control of, supervision over, or responsibility 
        for the filing of the tax reports or the making of payments 
        under this chapter, and 
           (2) willfully fails to file the reports or to make payments 
        as required, shall be personally liable for contributions or 
        reimbursement, including interest, penalties, and costs in the 
        event the corporation does not pay to the department those 
        amounts for which the employer is liable. 
           For purposes of this subdivision, "willfulness" means that 
        the facts demonstrate that the responsible party used or allowed 
        the use of corporate or company assets to pay other creditors 
        knowing that the payments required under this chapter were 
        unpaid.  An evil motive or intent to defraud is not necessary to 
        satisfy the willfulness requirement.  Any personal 
        representative of the estate of a decedent or fiduciary who 
        voluntarily distributes the assets filed therein without 
        reserving a sufficient amount to pay the contributions, 
        interest, and penalties due pursuant to this chapter shall be 
        personally liable for the deficiency. 
           The personal liability of any person as provided herein 
        shall survive dissolution, reorganization, receivership, or 
        assignment for the benefit of creditors.  For the purposes of 
        this subdivision, all wages paid by the corporation shall be 
        considered earned from the person determined to be personally 
        liable. 
           An official designated by the commissioner shall make an 
        initial determination as to the personal liability under this 
        section.  The determination shall be final unless the person 
        found to be personally liable shall within 30 days after mailing 
        of notice of determination to the person's last known address 
        file a written appeal.  Proceedings on the appeal shall be 
        conducted in the same manner as an appeal of an employer's 
        contribution rate or benefits charged to an employer's account 
        under section 268.06, subdivision 20.  
           Sec. 8.  [REVISOR INSTRUCTION.] 
           In the next edition of Minnesota Statutes and Minnesota 
        Rules the revisor of statutes shall substitute the term 
        "reemployment insurance" for "unemployment compensation" or 
        "unemployment compensation insurance" where it occurs and does 
        not refer to federal unemployment compensation. 
           Presented to the governor April 20, 1994 
           Signed by the governor April 22, 1994, 1:47 p.m.