AN ACT TO REEMPLOY NC'S WORKFORCE. (NEW)

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View NCGA Bill Details2021
House Bill 128 (Public) Filed Tuesday, February 23, 2021
AN ACT TO REEMPLOY NORTH CAROLINA'S WORKFORCE BY PROVIDING BONUSES FOR ACCEPTING REEMPLOYMENT AND REQUIRING INDIVIDUALS TO RESPOND TO EMPLOYER REQUESTS AND TO MAKE ADMINISTRATIVE CHANGES TO THE UNEMPLOYMENT INSURANCE LAWS.
Intro. by K. Hall, Elmore, D. Hall, Willis.

Status: Failed Concur In S Com Sub (House action) (Jun 9 2021)

SOG comments (2):

Title change

House committee substitute to the 1st edition changed the long title.  Original title was AN ACT TO PERMIT INCREASED ACCESS TO CERTAIN INDOOR AND OUTDOOR SPORTING FACILITIES FOR SPORTING EVENTS IN PUBLIC AND NONPUBLIC SCHOOLS, COMMUNITY COLLEGES, AND CONSTITUENT INSTITUTIONS OF THE UNIVERSITY OF NORTH CAROLINA.

Long title change

Committee substitute to the 2nd edition changed the long title. Previous long title was AN ACT TO PERMIT INCREASED ACCESS TO CERTAIN INDOOR AND OUTDOOR FACILITIES FOR SPORTING EVENTS, GRADUATION AND COMMENCEMENT CEREMONIES, AND OTHER OUTDOOR EVENTS IN PUBLIC AND NONPUBLIC SCHOOLS, COMMUNITY COLLEGES, AND CONSTITUENT INSTITUTIONS OF THE UNIVERSITY OF NORTH CAROLINA.

Bill History:

H 128

Bill Summaries:

  • Summary date: May 26 2021 - View Summary

    Senate committee substitute deletes the content of the 2nd edition and now provides the following.

    Section 1

    Directs the Division of Employment Security of the Department of Commerce to seek approval from the US Department of Labor to use federal funds, including Federal Pandemic Unemployment Compensation (FPUC, as defined) funds, allocated to North Carolina and enter an agreement with the Department of Labor to provide a back-to-work bonus as follows. Provides for a $1,500 bonus for accepting reemployment within 30 days after the date the act becomes law, or an $800 bonus for accepting reemployment within the period starting 30 days after the date the act becomes law and before 60 days after the date the act becomes law, payable in two installments as specified. Bars payment of a bonus for accepting reemployment after September 6, 2021.

    Section 2

    Amends GS 96-14.9 regarding the four work search requirements that must be met on a weekly basis for an individual to maintain eligibility for unemployment benefits for each weekly benefit period. Modifies the requirement for the individual to be actively seeking work to no longer allow satisfaction of one of the three required job contacts with potential employers during the week by attending a reemployment activity offered by a local career center. Adds to the required record of the individual's work search efforts to include whether any of the potential employers have made an interview request and, if so, the responses made under new subsection (f1). Enacts new subsection (f1), establishing response requirements for an individual who has received an interview request by an employer offering suitable work under the statute, including: (1) responding to the request within 48 hours; (2) scheduling an interview following a request within seven days, with later interviews permitted upon agreement with the potential employer; (3) appearing for a scheduled interview; and (4) attending any reemployment activity associated with the interview request if required by an employer. Allows employers to report violations to the Division and requires the Division to audit, on its own or through a private third-party, all reported violations to determine if an individual's eligibility to receive benefits is impacted by the violation. Regarding the requirement for an individual to accept suitable work when offered after the first 10 weeks of a benefit period which meets the threshold specified based on the individual's weekly benefit amount, clarifies that the weekly benefit amount considered by the Division to determine if the offer is for suitable work includes only benefits paid under GS Chapter 96.

    Amends GS 96-14.11 to disqualify an individual for any remaining benefits if the Division determines that the individual has failed, without good cause, to satisfy any of the interview response requirements set forth in new GS 96-14.9(f1) three or more times during a benefit year.

    Amends GS 96-40, adding to the required components of the Division's audit of the unemployment insurance program to include auditing at least 25% of all weekly certifications under GS 96-14.9, as amended, filed with the Division each week, including a review or examination of a sufficient nature to analyze whether the certification and any associated materials are accurate and have complied with applicable law in order to prevent, detect, and reduce fraud, improper payments, overpayments, and other programmatic irregularities. Allows the Division to use a private third-party firm.

    Applies to claims with weekly certification under GS 96-14.9 filed on or after the date the act becomes law. 

    Changes the act's titles.


  • Summary date: Mar 2 2021 - View Summary

    House committee substitute amends the 1st edition as follows. 

    Expands the scope of the proposed requirements for attendance at sporting events at qualifying schools to make the requirements also applicable to graduation or commencement ceremonies and other outdoor activities including but not limited to drama performances, club events, and speaker series. Modifies attendance requirements to now set a permitted occupancy range for each facility with a capacity stated on the facility's certificate of occupancy in accordance with the State Building Code, limiting spectators to no less than 30% (was 25%) and no more than 50% capacity. Adds criteria for facilities that do not have an occupancy capacity under the State Building Code, requiring no more than 14 spectators for every 1,000 square feet. Requires qualifying schools to comply with Interim Guidance for Administrators and Participants of Youth and Amateur Sports Programs, as it existed on February 26, 2021 (was January 28, 2021) so long as the requirements do not conflict with the act. Makes conforming changes to the definition given for spectators to exclude graduating students at graduation or commencement ceremonies, and additionally excludes a member of the immediate household of an athlete or graduating student from the term. Now makes the act applicable at any time when the occupancy capacity of indoor or outdoor gatherings is limited to less than 50% by an executive order, secretarial order, or emergency directive and related to the COVID-19 pandemic. Changes the act's expiration, now setting the act to expire on December 31, 2021 (was, the earlier of December 31, 2021, or the date the Governor issues an executive order rescinding Executive Order No. 116 (2020), or lifts restrictions on indoor and outdoor gatherings related to the COVID-19 pandemic). 

    Changes the act's long title.


  • Summary date: Feb 23 2021 - View Summary

    Establishes the following requirements for indoor and outdoor sporting events at qualifying schools, defined to include public and nonpublic schools, community colleges, and UNC constituent institutions, notwithstanding emergency executive or secretarial orders or directives. Sets a permitted occupancy range for sporting facilities with a certificate of occupancy in accordance with the State Building Code, limiting spectators to no less than 25% and no more than 50% capacity. Defines spectator to exclude athletes and their families, as defined, school employees, entertainers, and support staff. Requires qualifying schools to comply with the following in allowing access to sporting facilities, so long as the applicable requirements do not conflict with the act: (1) the StrongSchoolsNC Public Health Toolkit (K-12), as it existed February 2, 2021; (2) Interim Guidance for Administrators and Participants of Youth and Amateur Sports Programs, as it existed on January 28, 2021; and (3) Interim Guidance for Institutions of Higher Education, as it existed December 23, 2020. Expires at the earlier of December 31, 2021, or the date the Governor issues an executive order rescinding Executive Order No. 116 (2020), or lifts restrictions on indoor and outdoor gatherings related to the COVID-19 pandemic.