Bill Summaries: S828 (2011-2012 Session)

Tracking:
  • Summary date: Jul 2 2012 - View summary

    AN ACT TO MAKE CHANGES TO THE UNEMPLOYMENT INSURANCE LAWS. Summarized in Daily Bulletin 5/17/12, 6/6/12, 6/7/12, 6/13/12, 6/19/12, and 6/25/12. Enacted June 29, 2012. Effective June 29, 2012, except as otherwise provided.


  • Summary date: Jun 25 2012 - View summary

    Conference report recommends the following change to 5th edition to reconcile matters in controversy.
    Restores a provision, previously deleted by amendment, stating that any executive order issued by the Governor to extend unemployment insurance benefits is void ab initio, unless authorized by the General Assembly or the U.S. Congress. Applies retroactively to January 1, 2012.


  • Summary date: Jun 19 2012 - View summary

    House amendments make the following changes to 4th edition.
    Amendment #1 amends GS 96-14(2) (concerning disqualification for benefits) to clarify and modify the definition and description for the term “misconduct connected with the work.” Specifies that the listed examples are prima facie evidence of misconduct, which may be rebutted by the claimant. Restores, as an example, the failure to adequately perform employment duties as shown by at least three written reprimands in the year immediately preceding termination. Makes a technical change.
    Amendment #2 removes language setting out General Assembly findings related to the Governor’s Executive Orders, which extended unemployment insurance benefits.


  • Summary date: Jun 13 2012 - View 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.


  • Summary date: Jun 7 2012 - View summary

    Senate amendment makes the following changes to 2nd edition.
    Amends GS 96-14(2) (concerning disqualification for benefits) to clarify that there is prima facie evidence of misconduct connected with the work if an employee receives three or more written reprimands from the employer in the 12 months preceding termination. Deletes the example of misconduct connected with the work related to acts showing disregard of the employer’s standards of behavior. Makes the amendments to this provision effective November 1, 2012. Clarifies that the amendments to GS 96-15(b)(2) and GS 96-15(f) (concerning stipulations of the facts) are effective November 1, 2012, and the other amendments to GS Chapter 96 in the act are effective when the act becomes law.


  • Summary date: Jun 6 2012 - View summary

    Senate committee substitute makes the following changes to 1st edition.
    Amends GS 96-15(f) to allow all interested parties to waive the recording of testimony at a claim hearing (previously required the parties to enter into a stipulation of issues and waive the evidentiary hearing). Makes organizational changes and expands on the amendments in the previous version concerning stipulations of the facts. Requires that the decision to accept or reject a stipulation be in a recorded hearing.
    Amends GS 96-14 (Disqualification for Benefits) to include in the acts meeting the definition of “discharge for misconduct connected with the work” convictions concerning controlled substances if the offense is related to or connected with work or in violation of a work rule or policy (was, conviction while employed by said employer).


  • Summary date: May 17 2012 - View summary

    Sets out legislative findings related to the Governor’s Executive Orders that extended unemployment benefits, finds the orders invalid, and ratifies and validates the effect of Executive Order No. 113, which extended benefits through February 29, 2012. Declares any executive order issued by the Governor to extend unemployment insurance benefits void, unless the order is based on authority expressly conferred by the General Assembly or by the US Congress.
    Amends Section 6.16(d) (three year look-back period for unemployment insurance) in the Appropriations Act of 2011 to extend the sunset on the three year look-back provision to January 1, 2013. Makes conforming changes to GS 96-12.01(a1)(4)c.3. and GS 96-12.01(a1)(4)e. Applies retroactively to January 1, 2012.
    Amends GS 96-14(2) (concerning disqualification for benefits) to clarify and expand the definition for “discharge for misconduct connected with the work” and the acts and conduct included within that definition. Amends GS 96-15(b)(2) (concerning claims for benefits) to provide any interested employer 10 days (currently, 30 days) to protest a claim, following delivery of notice (currently, following the earlier of mailing or delivery of notice) of the filing of a claim against the employer’s account. Makes clarifying changes to GS 96-15(f), providing for appeal to the Board of Review if a stipulation of issues is rejected. Makes these provisions effective November 1, 2012.
    Amends GS 110-129.2(j) (concerning the New Hire Directory) to add the definition for newly hired employee, to conform to federal law, and makes a conforming change to GS 110-129.2(c). Effective July 1, 2012.