Proposed Senate Committee Substitute — House Bill 128, An Act to Reemploy NC's Workforce

Summary

Proposed Senate committee substitute for House Bill 128 of the General Assembly of North Carolina, version H128-CSBHa-19 [v.2], short title An Act to Reemploy NC's Workforce. Section 1(a) directs the Division of Employment Security, Department of Commerce, to seek approval from the Department of Labor to use FPUC funds for a back-to-work bonus of $1,500 for accepting reemployment on or before June 1, 2021, or $800.00 on or before July 1, 2021, each payable in two installments. Section 2 rewrites the weekly certification requirements and includes a provision to audit at least twenty-five percent (25%) of all weekly certifications filed with the Division each week. Section 3 states the act is effective when it becomes law.

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“Proposed Senate Committee Substitute — House Bill 128, An Act to Reemploy NC's Workforce.” Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/2021-05-20-h128-csbha-19-v2-d96e232d77/, SHA-256 71c20dd32bf5c9eb35f4e4efe93ec1d0e695861e7487e5798b6550e524dbac77.

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GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2021
H D
HOUSE BILL 128
Committee Substitute Favorable 3/2/21
PROPOSED SENATE COMMITTEE SUBSTITUTE H128-CSBHa-19 [v.2]
05/20/2021 10:07:17 AM
Short Title: An Act to Reemploy NC's Workforce. (Public)
Sponsors:
Referred to:
February 24, 2021

1 A BILL TO BE ENTITLED
2 AN ACT TO REEMPLOY NORTH CAROLINA'S WORKFORCE BY PROVIDING
3 BONUSES FOR ACCEPTING REEMPLOYMENT AND REQUIRING INDIVIDUALS
4 TO RESPOND TO EMPLOYER REQUESTS AND ADMINISTRATIVE CHANGES TO
5 THE UNEMPLOYMENT INSURANCE LAWS.
6 The General Assembly of North Carolina enacts:
7 SECTION 1.(a) Alternative Use of Funds. – North Carolina seeks approval from the
8 U.S. Department of Labor to use the funds appropriated by Congress for the FPUC program to
9 provide a signing bonus for unemployed claimants who accept reemployment. The Division of
10 Employment Security, Department of Commerce, is directed to seek approval from the U.S.
11 Department of Labor to use the FPUC funds allocated to this State under an agreement entered
12 into between this State and the U.S. Department of Labor to operate the FPUC program for a
13 back-to-work bonus as provided in this subsection. The back-to-work bonus amount would vary
14 and be payable as follows:
15 (1) A one thousand five hundred dollar ($1,500) bonus for accepting
16 reemployment on or before June 1, 2021, payable in two installments: fifty
17 percent (50%) after 30 days of employment and the remainder after 60 days
18 of employment.
19 (2) An eight hundred dollar ($800.00) bonus for accepting reemployment on or
20 before July 1, 2021, payable in two installments: fifty percent (50%) after 30
21 days of employment and the remainder after 60 days of employment.
22 SECTION 1.(b) FPUC. – For purposes of this section, "FPUC" is the Federal
23 Pandemic Unemployment Compensation program authorized by section 2104, Emergency
24 Increase in Unemployment Compensation Benefits of the CARES Act of 2020 (P.L. 116-136),
25 as amended by the Protecting Nonprofits from Catastrophic Cash Flow Strain Act of 2020 (P.L.
26 116-151), and the Continued Assistance for Unemployed Workers Act of 2020 (P.L. 116-260).
27 SECTION 2.(a) G.S. 96-14.9 reads as rewritten:
28 "§ 96-14.9. Weekly certification.
29 (a) Requirements. – An individual's eligibility for a weekly benefit amount is determined
30 on a week-to-week basis. An individual must meet all of the requirements of this section for each
31 weekly benefit period. An individual who fails to meet one or more of the requirements is
32 ineligible to receive benefits until the condition causing the ineligibility ceases to exist:
33 (1) File a claim for benefits.
34 (2) Report as requested by the Division and present valid photo identification
35 meeting the requirements of subsection (k) of this section.

*H128-CSBHa-19*
General Assembly Of North Carolina Session 2021
1 (3) Meet the work search requirements of subsection (b) of this section.
2 (b) Work Search Requirements. – The Division must find that the individual meets all of
3 the following work search requirements:
4 (1) The individual is able to work.
5 (2) The individual is available to work.
6 (3) The individual is actively seeking work.
7 (4) The individual accepts suitable work when offered.
8 (c) Able to Work. – An individual is not able to work during any week that the individual
9 is receiving or is applying for benefits under any other state or federal law based on the
10 individual's temporary total or permanent total disability.
11 (d) Available to Work. – An individual is not available to work during any week that one
12 or more of the following applies:
13 (1) The individual tests positive for a controlled substance. An individual tests
14 positive for a controlled substance if all of the conditions of this subdivision
15 apply. An employer must report an individual's positive test for a controlled
16 substance to the Division:
17 a. The test is a controlled substance examination administered under
18 Article 20 of Chapter 95 of the General Statutes.
19 b. The test is required as a condition of hire for a job.
20 c. The job would be suitable work for the individual.
21 (2) The individual is incarcerated or has received notice to report to or is
22 otherwise detained in a state or federal jail or penal institution. This
23 subdivision does not apply to an individual who is incarcerated solely on a
24 weekend in a county jail and who is otherwise available for work.
25 (3) The individual is an alien and is not in satisfactory immigration status under
26 the laws administered by the United States Department of Justice,
27 Immigration and Naturalization Service.
28 (4) The individual is on disciplinary suspension for 30 or fewer days based on
29 acts or omissions that constitute fault on the part of the employee and are
30 connected with the work.
31 (e) Actively Seeking Work. – The Division's determination of whether an individual is
32 actively seeking work is based upon the following:
33 (1) The individual is registered for employment services, as required by the
34 Division.
35 (2) The individual has engaged in an active search for employment that is
36 appropriate in light of the employment available in the labor market and the
37 individual's skills and capabilities.
38 (3) The individual has made at least three job contacts with potential employers
39 during the week. An individual may satisfy one of the weekly job contacts by
40 attending a reemployment activity offered by a local career center. The
41 Division shall verify the suitability of the activity for the credit and the
42 claimant's attendance at the activity.
43 (4) The individual has maintained a record of the individual's work search efforts.
44 The record must include the potential employers contacted, the method of
45 contact, and the date contacted. The record must also include whether any of
46 the potential employers have made an interview request and, if so, the
47 responses made under subsection (f1) of this section. The individual must
48 provide the record to the Division upon request.
49 (f) Suitable Work. – The Division's determination of whether an employment offer is
50 suitable must vary based upon the individual's length of unemployment as follows:

Page 2 House Bill 128 H128-CSBHa-19 [v.2]
General Assembly Of North Carolina Session 2021
1 (1) During the first 10 weeks of a benefit period, the Division may consider all of
2 the following:
3 a. The degree of risk involved to the individual's health, safety, and
4 morals.
5 b. The individual's physical fitness and prior training and experience.
6 c. The individual's prospects for securing local work in the individual's
7 customary occupation.
8 d. The distance of the available work from the individual's residence.
9 e. The individual's prior earnings.
10 (2) During the remaining weeks of a benefit period, the Division must consider
11 any employment offer paying one hundred twenty percent (120%) of the
12 individual's weekly benefit amount to be suitable work. The weekly benefit
13 amount considered under this subdivision only includes benefits paid under
14 this Chapter.
15 (f1) An individual who has received an interview request by an employer offering suitable
16 work under this section must respond to the employer in the following manner:
17 (1) Respond to the interview request within 48 hours using the contact
18 information provided by the employer.
19 (2) Schedule an interview following an interview request received under
20 subdivision (1) of this subsection within seven days if the employer has made
21 available to the individual an opportunity to interview during that same period,
22 or a period outside of seven days if mutually agreed upon by both parties.
23 (3) Appear for an interview scheduled under subdivision (2) of this subsection.
24 (4) Attend any reemployment activity associated with the interview request if
25 required by an employer in their normal course of recruitment. A
26 reemployment activity under this subdivision may include drug testing, skills
27 assessments, or other similar reemployment activities.
28 An employer may report any violation of this subsection by an individual to the Division.
29 The Division shall audit all violations reported by an employer under this subsection to determine
30 if the violation would impact the individual's eligibility to receive benefits. The Division shall
31 utilize a private third-party firm if necessary to satisfy the audit requirements of this subsection.
32 …."
33 SECTION 2.(b) G.S. 96-14.11 reads as rewritten:
34 "§ 96-14.11. Disqualification for the remaining weeks of the benefit period.
35 (a) Duration. – An individual may be disqualified from receiving benefits for the
36 remaining weeks of the claim's duration if one or more subsections of this section apply. The
37 period of disqualification under this section begins with the first day of the first week after the
38 disqualifying act occurs.
39 (b) Suitable Work. – An individual is disqualified for any remaining benefits if the
40 Division determines that the individual has failed, without good cause, to do one or more of the
41 following:
42 (1) Apply for available suitable work when so directed by the employment office
43 of the Division.
44 (2) Accept suitable work when offered.
45 (3) Return to the individual's customary self-employment when so directed by the
46 Division.
47 (b1) Interview Response. – An individual is disqualified for any remaining benefits if the
48 Division determines that the individual has failed, without good cause, to satisfy any of the
49 requirements set forth in G.S. 96-14.9(f1) three or more times during a benefit year.
50 (c) Recall After Layoff. – An individual is disqualified for any remaining benefits if it is
51 determined by the Division that the individual is unemployed because the individual, without

H128-CSBHa-19 [v.2] House Bill 128 Page 3
General Assembly Of North Carolina Session 2021
1 good cause attributable to the employer and after receiving notice from the employer, refused to
2 return to work for an employer under one or more of the following circumstances:
3 (1) The individual was recalled within four weeks after a layoff. As used in this
4 subdivision, the term "layoff" means a temporary separation from work due
5 to no work available for the individual at the time of separation from work and
6 the individual is retained on the employer's payroll and is a continuing
7 employee subject to recall by the employer.
8 (2) The individual was recalled in a week in which the work search requirements
9 were satisfied under G.S. 96-14.9(g) due to job attachment."
10 SECTION 2.(c) G.S. 96-40 reads as rewritten:
11 "§ 96-40. Unemployment insurance program integrity; reporting.
12 (a) Findings and Purpose. – The General Assembly finds that program integrity measures
13 have been implemented by the Division to maximize the efficiency and effectiveness of the
14 State's unemployment insurance program. The purpose of this section is to assure that these
15 efforts shall include the rigorous and consistent use of business intelligence and data analytics
16 for enhanced unemployment insurance program integrity.
17 (b) Required Activities. – To achieve the program integrity enhancements required by
18 this section, at a minimum, the Division shall do all of the following:
19 (1) Prioritize Division program integrity efforts that maximize utilization of and
20 information sharing with or between these projects and initiatives in order to
21 prevent, detect, and reduce unemployment insurance fraud, improper
22 payments, overpayments, and other programmatic irregularities:
23 a. Government Data Analytics Center (GDAC);
24 b. Southeast Consortium Unemployment Insurance Benefits Initiative
25 (SCUBI); and
26 c. Any other program integrity capabilities identified by the Division.
27 (2) Coordinate efforts with the Office of Information Technology Services to
28 ensure that the Division identifies and integrates into its operations and
29 procedures the most effective and accurate processes and scalable tools
30 available to prevent payment of fraudulent, suspicious, or irregular claims.
31 (3) Coordinate efforts with the Department of Revenue to enhance alerts
32 indicating circumvention of the payment of unemployment insurance taxes.
33 (4) Coordinate efforts with the Department of Health and Human Services to
34 facilitate claims cross-matching and other appropriate steps to enhance
35 program integrity.
36 (5) Coordinate efforts with the Office of State Controller to facilitate
37 cross-matching and other appropriate steps using BEACON (Building
38 Enterprise Access for North Carolina's Core Operation Needs).
39 (6) Audit at least twenty-five percent (25%) of all weekly certifications under
40 G.S. 96-14.9 filed with the Division each week. An audit performed under this
41 subdivision must include a review or examination of a sufficient nature to
42 analyze whether the certification and any associated materials are accurate and
43 have complied with applicable law in order to prevent, detect, and reduce
44 unemployment insurance fraud, improper payments, overpayments, and other
45 programmatic irregularities.
46 …
47 (e) The Division shall utilize a private third-party firm if necessary to satisfy the audit
48 requirements of subdivision (6) of subsection (b) of this section."
49 SECTION 2.(d) This section is effective when it becomes law and applies to claims
50 with weekly certification under G.S. 96-14.9 filed on or after that date.

Page 4 House Bill 128 H128-CSBHa-19 [v.2]
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1 SECTION 3. Except as otherwise provided, this act is effective when it becomes
2 law.

H128-CSBHa-19 [v.2] House Bill 128 Page 5

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