Bill Analysis — House Bill 128, An Act to Reemploy NC's Workforce (May 20, 2021)

Summary

Bill analysis of the PCS to House Bill 128, An Act to Reemploy NC's Workforce, for the Senate Commerce and Insurance committee, dated May 20, 2021, prepared by Jeremy Ray. It states the PCS would remove the original contents of House Bill 128 and make changes to the unemployment laws of North Carolina. Section 1 would direct the Division of Employment Security to seek approval from the Department of Labor to use the $300 per week supplement under the federal FPUC program as a signing bonus, with $1,500 payable for reemployment on or before June 1, 2021 and $800.00 on or before July 1, 2021. Section 2 would require the Division to audit at least twenty-five percent (25%) of weekly certifications filed each week.

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Full text

                                                     HOUSE BILL 128:
                                                     An Act to Reemploy NC's Workforce.
      2021-2022 General Assembly
     Committee:     Senate Commerce and Insurance. If favorable, Date:          May 20, 2021
                    re-refer to Rules and Operations of the Senate
     Introduced by: Reps. K. Hall, Elmore, D. Hall, Willis         Prepared by: Jeremy Ray*
     Analysis of:   PCS to Second Edition                                       Committee Co-Counsel
                    H128-CSBHa-19

     OVERVIEW: The PCS to House Bill 128 would remove the original contents of House Bill 128 and
     make changes to the unemployment laws of North Carolina.
     BILL ANALYSIS: House Bill 128 would make the following changes to the unemployment laws of
     North Carolina:
     Section 1 –
            •     Direct the Division of Employment Security (DES) to seek approval from the U.S. Department of
                  Labor to use the $300 per week supplement authorized under the federal FPUC program as a
                  signing bonus for unemployed claimants receiving benefits who accept reemployment. The
                  signing bonus would be payable as follows:
                        o One thousand five hundred dollar ($1,500) bonus for accepting reemployment on or before
                          June 1, 2021, payable in two installments: fifty percent (50%) after 30 days of employment
                          and the remainder after 60 days of employment.
                        o An eight hundred dollar ($800.00) bonus for accepting reemployment on or before July 1,
                          2021, payable in two installments: fifty percent (50%) after 20 days of employment and
                          the remainder after 60 days of employment.
     Section 2 –
            •     Clarify that those receiving unemployment insurance benefits must make three job contacts per
                  week.
            •     Require claimants to respond to interview requests by an employer offering suitable work within
                  48 hours using the contact information provided by the employer.
            •     Require claimants to schedule an interview with an employer within seven days of the interview
                  request, or outside of seven days if mutually agreed to by both parties.
            •     Require claimants to attend reemployment activities associated with the interview request if those
                  activities are required by an employer in their normal course of recruitment.
            •     Permit employers to report to DES that a claimant has not responded to interview requests, refused
                  to schedule an interview within seven days of the interview request, or failed to appear for a
                  scheduled interview. It would require DES to audit those reports submitted by employers.
            •     Disqualify a claimant for any remaining unemployment insurance benefit if the claimant fails,
                  absent good cause, to do any of the following three or more times during a benefit year:
                                                                                                                                                             Legislative Analysis
     Jeffrey Hudson
                                                                                                                                                                   Division
         Director                                 H128-SMBH-38(CSBHa-19)-v-2                                                                                   919-733-2578
This bill analysis was prepared by the nonpartisan legislative staff for the use of legislators in their deliberations and does not constitute an official statement of legislative intent.
House PCS 128
Page 2

         o Respond to an interview request within 48 hours.
         o Schedule an interview with an employer within seven days of an interview offer.
         o Appear for a scheduled interview.
         o Attend a reemployment activity associated with the interview request.
    •    Require DES to audit at least twenty-five percent (25%) of all weekly certifications filed with the
         Division each week.
    •    Require DES to utilize a third-party firm when necessary to satisfy the audit requirements of the
         bill.

EFFECTIVE DATE: Section 2 would become effective when it becomes law and apply to claims with
weekly certification under G.S. 96-14.9 filed on or after that date, the remainder of the act would become
effective when it becomes law.


*Cindy Avrette, Staff Attorney with the Legislative Analysis Division, substantially contributed to this bill analysis.


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