UNEMPLOYMENT INSURANCE LAW CHANGES.

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.

Status: Re-ref Com On Rules, Calendar, and Operations of the House (House Action) (Jun 24 2014)

SOG comments (1):

Identical bill.

Identical to S 759, filed 5/14/14

Bill History:

H 1069

Bill Summaries:

  • Summary date: Jun 11 2014 - More information

    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.  

     


  • Summary date: Jun 4 2014 - More information

    The House committee substitute to the 1st edition makes the following changes.

    Amends GS 96-4(x) to provide that the final decisions and the records of the hearings leading to the decision may be disclosed by the Division of Employment Security only after the expiration of the appeal rights.

    Deletes Part II of the act, which made changes concerning the Board of Review for Unemployment Insurance.

    Makes clarifying and technical changes.


  • Summary date: May 16 2014 - More information

    I.

    Amends GS 96-4(x) to provide that for purposes of Chapter 96 (Employment Security), confidential information means any unemployment compensation information in the records of the Division of Employment Security (DES) pertaining to administering the Employment Security Law that is required to keep confidential under 20 CFR Part 603. Provides that confidential infomation is exempt from the public records discloure requirements and may be disclosed only as allowed in the subsection. Adds that the Division may disclose final decisions of appeals proceedings and the records of the hearings that led to the final decision. Makes a conforming change to GS 132-1.1. Requires the Division to immediately take any action needed to implement the above requirements. Requires the Division to report by September 1, 2014, to the Joint Legislative Oversight Committee on Unemployment Insurance on implementation status.

    II.

    Amends SL 2013-224, Section 21 updating a Sesion Law reference regarding the Board of Review for UI. Also provides that the Governor must appoint the members of the Board of Review by January 1, 2014 (was, September 1, 2013).

    Provides that a decision issued by the Assistant Secretary of Commerce for DES or by designee in an appeal by a party to a decision of an appeals referee or hearing office is validated and given legal effect as if the Board of Review had issued it. Effective for all decisions renedered on or after November 1, 2011.  

    Amends GS 96-4(b), concerning the appointment of the Board of Review members. Providing that the three person board will have one member appointed by the Governor, one by the Speaker of the House, and one by the President Pro Tempore of the Senate (previously, all the members were appointed by the Governor). Sets out appointment requirements and processes. Provides for staggered four-year terms and adding that a term begins on July 1 of the of appointment and ends on June 30 of the fourth year. Provides the expiration date of the terms for different members according to who appointed them.

    Makes conforming changes.

    III.

    Amends GS 20-7(b2) to give the DMV authority to disclose social security numbers to the Department of Commerce (Commerce) for the purpose of verifying employer and claimant identity. Changes the end date of the 12 month period used to calculate "total insured wages" for calculating 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, two) with potential employers each week to fullfill the work seeking requirement. Effective July 1, 2014, 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. Effective July 1, 2014 applying to decisions made on or after that date.

    Amends GS 96-3, 96-4(j), and 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.

    IV.

    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/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 excutable 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).

    V.

    Repeals GS 96-14.4, Duration of benefits for individual claimant.

    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 for according to the seasonally adjusted unemployment rate. Provides that the total benefits paid ato an individual is calculated by multiplying the individual's weekly benefit by the number of weeks allowed under GS 14.3(a).

    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% or more outstanding of voting stock with be limited to six weeks (previously, it was the lesser of six weeks or the weeks determined under now repealed GS 94-14.4).

    Amends GS 96-16(f), updating statutory references, replacing GS 96-14.4 with GS 96-14.3.

    Part V effective July 1, 2014, applying to claims for benefits made on or after July 1, 2014.

    VI.

    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. 


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