North Carolina 2021-2022 Session Status: In Committee 6 D cosponsors

SB 320 — 2021 Unemployment Insurance Reform.

Last action — Passed 1st Reading

Track this bill free

No card. One bill, free forever — alerts when it moves.

  1. ✓
    Introduced
  2. 2
    In Committee
  3. 3
    Passed Senate
  4. 4
    Passed House
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 2021-2022 Session. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Bill Text

What changed in the latest version

25 added · 26 removed

Plain-language change summary

The changes in Senate Bill 320 include additional details about how unemployment benefits will be managed, particularly the requirement for clear communication when an employer's plan is disapproved and for routine reviews of these plans. This matters because it aims to ensure that both employers and employees understand the reasons behind decisions affecting unemployment compensation, leading to better transparency and fairness in the process.

→
Previous
Latest
FILED SENATE GENERAL ASSEMBLY OF NORTH CAROLINA Mar 17, 2021 S.B.
GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 2021 S 1 SENATE BILL 320 Short Title:
320 SESSION 2021 PRINCIPAL CLERK S D SENATE BILL DRS35136-LRxf-64F Short Title:
A BILL TO BE ENTITLED AN ACT REFORMING THE EMPLOYMENT SECURITY LAWS BY INCREASING BENEFIT ELIGIBILITY TO A TWENTY-SIX WEEK PERIOD AND THE MAXIMUM WEEKLY BENEFIT AMOUNT TO THE SUM EQUAL TO FIVE HUNDRED DOLLARS ADJUSTED ANNUALLY FOR INFLATION, BASING THE CALCULATION OF THE BENEFIT AMOUNT ON THE HIGHEST PAID QUARTER, INCREASING BENEFITS ALLOWED FOR PARTIAL UNEMPLOYMENT, PROVIDING BENEFITS IN CASES WHERE AN INDIVIDUAL LEAVES EMPLOYMENT FOR SPOUSAL RELOCATION OR HEALTH REASONS OR DUE TO AN UNDUE HARDSHIP, AUTHORIZING THE FORGIVENESS OF NONFRAUDULENT OVERPAYMENTS CAUSED BY AGENCY ERROR, AND ESTABLISHING A SHORT-TERM COMPENSATION PROGRAM TO BENEFIT EMPLOYERS AND EMPLOYEES.
Rules and Operations of the Senate March 18, 2021 A BILL TO BE ENTITLED AN ACT REFORMING THE EMPLOYMENT SECURITY LAWS BY INCREASING BENEFIT ELIGIBILITY TO A TWENTY-SIX WEEK PERIOD AND THE MAXIMUM WEEKLY BENEFIT AMOUNT TO THE SUM EQUAL TO FIVE HUNDRED DOLLARS ADJUSTED ANNUALLY FOR INFLATION, BASING THE CALCULATION OF THE BENEFIT AMOUNT ON THE HIGHEST PAID QUARTER, INCREASING BENEFITS ALLOWED FOR PARTIAL UNEMPLOYMENT, PROVIDING BENEFITS IN CASES WHERE AN INDIVIDUAL LEAVES EMPLOYMENT FOR SPOUSAL RELOCATION OR HEALTH REASONS OR DUE TO AN UNDUE HARDSHIP, AUTHORIZING THE FORGIVENESS OF NONFRAUDULENT OVERPAYMENTS CAUSED BY AGENCY ERROR, AND ESTABLISHING A SHORT-TERM COMPENSATION PROGRAM TO BENEFIT EMPLOYERS AND EMPLOYEES.
If the total wages payable to an individual for less than full-time work performed in a week claimed exceed one-half of the *DRS35136-LRxf-64F* General Assembly Of North Carolina Session 2021 individual's weekly benefit amount, the amount of wages that exceed one-half of the weekly benefit amount shall be deducted from the benefits payable to the claimant.
If the total wages payable to an individual for less than full-time work performed in a week claimed exceed one-half of the *S320-v-1* General Assembly Of North Carolina Session 2021 individual's weekly benefit amount, the amount of wages that exceed one-half of the weekly benefit amount shall be deducted from the benefits payable to the claimant.
The Division must use the most recent seasonal adjusted unemployment rate determined by the U.S.
The Division must use the most recent seasonal adjusted unemployment rate determined bythe U.S.
Page 2 DRS35136-LRxf-64F General Assembly Of North Carolina Session 2021 b.
Page 2 Senate Bill 320-First Edition General Assembly Of North Carolina Session 2021 b.
That, at the time of leaving, an adequate disability or health condition of the employee, of a minor child who is in the legally recognized custody of the individual, of an aged or disabled parent of the individual, or of a disabled member of the individual's immediate family, either medically diagnosed or otherwise shown by competent evidence, existed to justify the leaving and prevented the employee from doing other alternative work offered by the employer which pays the minimum wage or eighty-five percent (85%) of the individual's regular wage, whichever is greater;
That, at the time of leaving, an adequate disability or health condition of the employee, of a minor child who is in the legally recognized custody of the individual, of an aged or disabled parent of the individual, or of a disabled member of the individual's immediate family, either medically diagnosed or otherwise shown by competent evidence, existed to justify the leaving and prevented the employee from doing other alternative work offered bythe employer which pays the minimum wage or eighty-five percent (85%) of the individual's regular wage, whichever is greater;
– Leaving work to accompany the claimant's spouse to a new place of residence where the spouse has secured work in a location that is too far removed for the claimant reasonably to continue to work." SECTION4.1.(a) ForgiveOverpaymentThroughDivisionError.– G.S.
– Leaving work to accompany the claimant's spouse to a new place of residence where the spouse has secured work in a location that is too far removed for the claimant reasonably to continue to work." SECTION4.1.(a) ForgiveOverpaymentThroughDivisionError.
–G.S.
DRS35136-LRxf-64F Page 3 General Assembly Of North Carolina Session 2021 (a) Applicability.
Senate Bill 320-First Edition Page 3 General Assembly Of North Carolina Session 2021 (a) Applicability.
– This section applies Subsections (a) through (d) of this section apply to an individual who has been provided notice of a determination or an appeals decision finding that theindividual, or anotherindividualactingin theindividual's behalfand with theindividual's knowledge, has knowingly done one or more of the following to obtain or increase a benefit or other payment under this Chapter:
– This section applies Subsections (a) through (d) of this section apply to an individual who has been provided notice of a determination or an appeals decision finding that theindividual, or anotherindividual actingin theindividual's behalfand with theindividual's knowledge, has knowingly done one or more of the following to obtain or increase a benefit or other payment under this Chapter:
(1) The affected unit or units covered by the plan, including the number of full-time or part-time workers in the unit, identification of each individual employee in the affected unit by name, social security number, and the Page 4 DRS35136-LRxf-64F General Assembly Of North Carolina Session 2021 employer's unemployment tax account number, and any other information required by the Division to identify plan participants.
(1) The affected unit or units covered by the plan, including the number of full-time or part-time workers in the unit, identification of each individual employee in the affected unit by name, social security number, and the Page 4 Senate Bill 320-First Edition General Assembly Of North Carolina Session 2021 employer's unemployment tax account number, and any other information required by the Division to identify plan participants.
The dollar amount ofemployercontributions to adefinedcontribution planthatarebased on a percentage of compensation may be less due to the reduction in the employee's compensation.
The dollar amount ofemployercontributions to adefinedcontribution planthat arebased on a percentage of compensation may be less due to the reduction in the employee's compensation.
DRS35136-LRxf-64F Page 5 General Assembly Of North Carolina Session 2021 (9) Any other provision added to the application by the Division that the U.S.
Senate Bill 320-First Edition Page 5 General Assembly Of North Carolina Session 2021 (9) Any other provision added to the application by the Division that the U.S.
A decision disapproving the plan shall clearly identify the reasons for the disapproval.
A decision disapproving the plan shall clearlyidentifythe reasons for the disapproval.
(b) The Division may periodically review the operation of each employer's plan to assure that no good cause exists for revocation of the approval of the plan.
(b) The Division mayperiodically review the operation of each employer's plan to assure that no good cause exists for revocation of the approval of the plan.
The request shall identify the specific provisions proposed to be modified and provide an explanation of why the proposed modification is appropriate for the plan.
The request shall identifythe specific provisions proposed to be modified and provide an explanation of why the proposed modification is appropriate for the plan.
The Division may terminate an employer's plan if the employer fails to meet this Page 6 DRS35136-LRxf-64F General Assembly Of North Carolina Session 2021 reporting requirement.
The Division may terminate an employer's plan if the employer fails to meet this Page 6 Senate Bill 320-First Edition General Assembly Of North Carolina Session 2021 reporting requirement.
(d) The Division shall use its best efforts to provide for timely and flexible modifications.
(d) The Division shall use its best efforts to provide for timelyand flexible modifications.
(1) If combined hours of work in a week for both employers do not result in a reduction of at least ten percent (10%) or, if higher, the minimum percentage of reduction required to be eligible for a short-time compensation benefit as provided in this Article, of the usual weekly hours of work with the short-time employer,theindividualshallnotbeentitledtobenefitsundertheseshort-time compensation provisions.
(1) If combined hours of work in a week for both employers do not result in a reduction of at least ten percent (10%) or, if higher, the minimum percentage of reduction required to be eligible for a short-time compensation benefit as provided in this Article, of the usual weeklyhours of work with the short-time employer,theindividualshallnotbeentitledtobenefitsundertheseshort-time compensation provisions.
DRS35136-LRxf-64F Page 7 General Assembly Of North Carolina Session 2021 (2) If the combined hours of work for both employers results in a reduction equal to or greater than ten percent (10%) or, if higher, the minimum percentage reduction required to be eligible for a short-time compensation employer, the short-time compensation benefit amount payable to the individual is reduced for that week and is determined by multiplying the weekly unemployment benefit amount for a week of total unemployment by the percentage by which the combined hours of work have been reduced by ten percent (10%) or, if higher, the minimum percentage reduction required to be eligible for a short-time compensation benefit as provided in this Article, or more of the individual's usual weekly hours of work.
Senate Bill 320-First Edition Page 7 General Assembly Of North Carolina Session 2021 (2) If the combined hours of work for both employers results in a reduction equal to or greater than ten percent (10%) or, if higher, the minimum percentage reduction required to be eligible for a short-time compensation employer, the short-time compensation benefit amount payable to the individual is reduced for that week and is determined by multiplying the weekly unemployment benefit amount for a week of total unemployment by the percentage by which the combined hours of work have been reduced by ten percent (10%) or, if higher, the minimum percentage reduction required to be eligible for a short-time compensation benefit as provided in this Article, or more of the individual's usual weekly hours of work.
(f) An individual who is not provided any work during a week by the short-time compensation employer, or any other employer, and who is otherwise eligible for unemployment compensation shall be eligible for the amount of regular unemployment compensation to which the individual would otherwise be eligible.
(f) An individual who is not provided any work during a week by the short-time compensation employer, or anyother employer, and who is otherwise eligible for unemployment compensation shall be eligible for the amount of regular unemployment compensation to which the individual would otherwise be eligible.
Page 8 DRS35136-LRxf-64F
Page 8 Senate Bill 320-First Edition
⬇ Download PDF
View plain text versions (2)

How this bill changes current law

6 changes Share ↗

Compared against the N.C. General Statutes as published AI-generated reading aid — verify against the official bill.

The bill increases the maximum unemployment benefit amount and the duration of benefits while introducing provisions for partial unemployment, leaving employment for health or undue hardship reasons, and forgiving nonfraudulent overpayments due to agency error.

  • G.S. 96-14.2(a)

    the wages paid to the individual in the last two completed quarters of the individual's base period divided by 52 and rounded to the next lower whole dollar. If this amount is less than fifteen dollars ($15.00), the individual is not eligible for benefits. The weekly benefit amount may not exceed three hundred fifty dollars ($350.00). → the wages paid to the individual in the last two completed quarters highest paid quarter of the individual's base period divided by 52 26 and rounded to the next lower whole dollar. If this amount is less than fifteen dollars ($15.00), the individual is not eligible for benefits. The weekly benefit amount may not exceed five hundred dollars ($500.00), adjusted annually for increases in the consumer price index.

    The bill increases the maximum weekly benefit amount from $350 to $500 and changes the calculation to use the highest paid quarter.

  • G.S. 96-14.2(b)

    the amount the individual would receive under subsection (a) of this section if the individual were totally unemployed, reduced by the amount of any wages earned by the individual in the benefit week in excess of twenty percent (20%) of the benefit amount applicable to total unemployment. → the amount the individual would receive under subsection (a) of this section if the individual were totally unemployed, reduced by the amount of any wages the individual receives in the benefit week in excess of twenty percent (20%) of the benefit amount applicable to total unemployment. If the total wages payable to an individual for less than full-time work performed in a week claimed exceed one-half of the individual's weekly benefit amount, the amount of wages that exceed one-half of the weekly benefit amount shall be deducted from the benefits payable to the claimant.

    The bill modifies the partial benefit calculation to also deduct excess wages beyond half of the weekly benefit amount.

  • G.S. 96-14.3(a1)

    An eligible individual is entitled to receive unemployment benefits for a maximum period of 26 weeks, unless the benefit period is extended expressly by State or federal law.

    The bill establishes a maximum duration of unemployment benefits at 26 weeks.

  • G.S. 96-14.8

    Military spouse relocation. → Military spouse relocation, undue family hardship, health reasons, and domestic violence are good causes for leaving.

    The bill expands the reasons individuals can leave employment without disqualification for benefits to include health reasons and undue family hardship.

  • G.S. 96-18(g)(2)

    a material fact (irrespective of whether such the nondisclosure or misrepresentation was known or fraudulent) or has been paid benefits to which he the person was not entitled for any reason (including (except errors on the part of any representative of the Division) → a material fact (irrespective of whether such nondisclosure or misrepresentation was known or fraudulent) or has been paid benefits to which he the person was not entitled for any reason (including except errors on the part of any representative of the Division) shall be liable to repay such sum to the Division as provided in subdivision (3) of this subsection.

    The bill clarifies the conditions under which individuals must repay benefits received due to errors or misrepresentation.

  • G.S. 96-18.1

    Attachment and garnishment of fraudulent overpayment. → Attachment and garnishment of fraudulent overpayment; noncharging and forgiveness of nonfraudulent overpayment.

    The bill introduces a new provision that includes noncharging and forgiveness of nonfraudulent overpayments.

Action History

  1. Passed 1st Reading

  2. Ref To Com On Rules and Operations of the Senate

  3. Filed

Sponsors

Sponsorship breakdown

Export CSV (upgrade) →

2 sponsors · 9 co-sponsors · 168 not signed on

Sponsors (2)

Co-sponsors (9)

Not signed on (168)

168 members have not signed on to this bill.

Show all 168 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Subjects

taxation labor health-insurance
Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

Who sponsors SB 320?
SB 320 is sponsored by Nickel, Paul A. Lowe, Jr. (Democratic), Woodard, Bazemore, Foushee, Marcus, Julie Mayfield (Democratic), Mujtaba A. Mohammed (Democratic), Natalie S. Murdock (Democratic), DeAndrea Salvador (Democratic), and Joyce Waddell (Democratic).
What is the current status of SB 320?
This bill died with 2021-2022 Session. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track SB 320?
Track SB 320 free on One Click Politics — get push/email alerts when it moves.

Make your voice heard on SB 320

Find the representatives who decide this bill and tell them where you stand — for yourself, or mobilize your whole list in one click with One Click Politics advocacy software.

Find my representatives → Run a campaign

Stay ahead of SB 320

Last checked for changes 3 months ago · updated continuously

One Click Politics tracks every bill in Congress and all 50 states.

Track this bill →