Bill Summary for H 1069 (2013-2014)

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Summary date: 

Jun 11 2014

Bill Information:

View NCGA Bill Details2013-2014 Session
House Bill 1069 (Public) Filed Wednesday, May 14, 2014
A BILL TO BE ENTITLED AN ACT TO AMEND THE UNEMPLOYMENT INSURANCE LAWS, AS RECOMMENDED BY THE JOINT LEGISLATIVE OVERSIGHT COMMITTEE ON UNEMPLOYMENT INSURANCE.
Intro. by Howard, Warren, Arp.

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Bill summary

Senate committee substitute makes the following changes to the 2nd edition:

Adds new Part 6 to the act, titled "Board of Review for Unemployment Insurance." Repeals GS 96-4(b), Administration; powers and duties of the Assistant Secretary; Board of Review. Enacts new GS 96-15.3, Board of Review, establishing a board of review to determine appeals policies and procedures for decisions and determinations of the Division of Employment Security (DES). Sets out procedures and processes for appointing board members, confirmation of appointed members, and the filling of vacancies, including that the board will consist of three members, all appointed by the Governor, subject to confirmation by the General Assembly. Requires one member to be a representative of employees, one a representative of employers, and a representative of the general public as well as a licensed attorney.  Members are to serve staggered four-year terms beginning on July 1 of the appointment year and ending on June 30 of the fourth year. Sets out specified limitations on serving as a member.  Sets out specific policies and procedures for the confirmation and vacancies of members. Effective July 1, 2014.

Provides clarifying language in regards to the situation and progress of the appointment of members to the Board of Review as it currently stands, providing that the members appointed in December 2013 have not been confirmed by the General Assembly.

Repeals Section 21 of SL 2013-224, concerning the appointment of a board pursuant to GS 96-4.

Sets out how the currently appointed, yet unconfirmed, members will serve in order to achieve staggered terms.

Establishes that decisions issued by (1) the Assistant Secretary of Commerce for DES or by the Secretary of Commerce's designee and (2) the three individuals appointed in December 2013 to the Board of Review are validated and are given the same legal effect as if those decisions had been issued by the board of review. Effective when the becomes law and applies to decisions rendered on or after November 1, 2011, and before July 1, 2014.