Bill Summaries: S16 (2015-2016 Session)

  • Summary date: Feb 3 2015 - View summary

    Identical to H 24, filed 1/28/15.

    Amends GS 20-7(b2) to give the DMV authority to disclose social security numbers to the Department of Commerce (Commerce), Division of Employment Security (DES), for the purpose of verifying employer and claimant identity. Amends GS 96-9.2(c) and changes the end date of the 12-month period used to calculate "total insured wages" for contribution rates to June 30 (was, July 31). Applies to contributions payable for calendar quarters beginning on or after January 1, 2014.

    Amends the actively seeking work requirement as found in GS 96-14.9(e), requiring individuals to make at least five job contacts (was, sought work on at least two different days during the week and made at least two contacts) with potential employers each week to fulfill the work-seeking requirement. Effective July 1, 2015, applying to claims for benefits on or after that date.

    Amends GS 96-15(h), making clarifying and technical changes regarding judicial review of hearing decisions of the Board of Review. Provides that a decision of the Board of Review becomes final 30 days after the date of mailing unless a party to the decision seeks judicial review. Effective July 1, 2015, applying to decisions made on or after that date.

    Amends GS 96-3, GS 96-4(j), and GS 96-9.15(f) regarding the DES, deleting and/or replacing the language that referred to the Employment Security Section and the Employment Insurance Section with DES.

    Enacts new GS 1-359(b) to provide that when DES wins a civil action against an employer to collect unpaid employment taxes, DES can attach or garnish the employer's credit card receipts in recovering the unpaid taxes. Direct receipt of those funds by DES represents a sufficient discharge for the amount paid by the credit card company.

    Amends GS 96-10(b)(1) regarding collections of contributions, providing that any judgment that is executable and allowed by GS 96-10 will be subject to attachment and garnishment for payment of unpaid taxes as provided in GS 1-359(b).

    Amends GS 96-14.9, concerning weekly certification of eligibility for benefits, requiring individuals to present valid photo identification when requested to report to the DES. Also sets out what is considered to be a valid photo ID.

    Amends Section 1.10(c) of SL 2011-401 to extend the deadline for rule and regulation readoption by the Division of Employment Security, as required by the Administrative Procedure Act in GS Chapter 150B, Article 2A, to April 20, 2015 (was, December 31, 2012).

    Repeals GS 96-14.4, Duration of benefits for individual claimant. Effective July 1, 2015, applying to claims for benefits made on or after July 1, 2015.

    Amends GS 96-14.3, changing the title to Duration of benefits (was, Minimum and maximum duration of benefits). Deletes any language referencing minimum  or maximum number of weeks and establishes that the maximum number of weeks will now serve as the number of weeks an individual will receive benefits according to the seasonally adjusted unemployment rate. Provides that the total benefits paid to an individual is calculated by multiplying the individual's weekly benefit by the number of weeks allowed under GS 14.3(a). Effective July 1, 2015, applying to claims for benefits made on or after July 1, 2015.

    Amends GS 96-14.12(b) to provide that the duration of benefits for an individual who is unemployed based on services provided to a corporation in which the individual held 5 percent or more outstanding of voting stock will be limited to six weeks (previously, it was the lesser of six weeks or the weeks determined under now repealed GS 94-14.4).  Effective July 1, 2015, applying to claims for benefits made on or after July 1, 2015.

    Amends GS 96-16(f), updating statutory references, replacing GS 96-14.4 with GS 96-14.3. Effective July 1, 2015, applying to claims for benefits made on or after July 1, 2015.