Bill Summary for S 828 (2011-2012)

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Summary date: 

Jun 13 2012

Bill Information:

View NCGA Bill Details2011-2012 Session
Senate Bill 828 (Public) Filed Thursday, May 17, 2012
TO MAKE CHANGES TO THE UNEMPLOYMENT INSURANCE LAWS.
Intro. by Rucho, Hartsell.

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Bill summary

House committee substitute makes the following changes to 3rd edition.
Adds sections related to unemployment compensation fraud detection and other unemployment benefit provisions, as follows.
Amends GS 96-9(c)(2) (charging of benefit payments) to require the Division of Employment Security (DES) to charge benefits to an employer’s account after determining that an overpayment was made to a claimant, provided (1) the employer failed to respond timely or adequately to a DES request for claim information and (2) the employer exhibits a pattern of failure to respond. Applies to an overpayment established on or after October 1, 2013.
Enacts new subsection (h) to GS 96-18 (penalties) to impose a mandatory federal penalty of 15% of the amount of the fraudulent overpayment, payable to the Unemployment Insurance Fund. Makes conforming and technical changes to GS 96-6(a). Applies to overpayments determined to be fraudulent on or after October 1, 2013.
Amends GS 96-18(a) (penalties for fraudulently obtained unemployment insurance benefits) to make a person guilty of a Class I felony if the wrongfully obtained benefit is more than $400 and guilty of a Class 1 misdemeanor if the benefit is $400 or less (under current law, Class 1 misdemeanor is only penalty). Makes clarifying and conforming changes. Applies to offenses committed on or after December 1, 2012.
Repeals GS 96-18(g)(1) (ten-year statute of limitations on recovering fraudulent overpayments) and rewrites GS 96-18(g)(2) to remove the three-year statute of limitations on recovering all other overpayments. Applies to an overpayment established on or after October 1, 2012.
States the desire for North Carolina to participate in the Unemployment Insurance Compensation Debt Program by January 1, 2013, and sets out reporting requirements for DES on the implementation of the Treasury Offset Program.
Amends Article 4 (Job Training, Education, and Placement Information Management) in GS Chapter 96 to replace references to DES with references to the Labor and Economic Analysis Division. Directs DES to provide information requested by the Division to accomplish the Division’s purpose and functions. Makes clarifying and conforming changes and makes a conforming change to the Article title.
Makes modifications to GS 96-4(x)(1) related to the disclosure and redisclosure of confidential information.