NORTH CAROLINA GENERAL ASSEMBLY

1973 SESSION

 

 

CHAPTER 172

HOUSE BILL 640

 

 

AN ACT TO AMEND CHAPTER 96 OF THE GENERAL STATUTES, KNOWN AS THE EMPLOYMENT SECURITY LAW.

 

The General Assembly of North Carolina enacts:

 

Section 1.  G.S. 96-8(5)k. is amended by deleting, beginning in line 9 after the word "animals", the following:

"as set out in Section 501(c)(3) of the Internal Revenue Code of 1954, that are exempt from income tax under Section 501(a) of the Internal Revenue Code of 1954," and inserting in lieu thereof:

"and which is exempt or may be exempted from federal income tax under Section 501(c)(3) of the Internal Revenue Code of 1954,".

Sec. 2.  G.S. 96-9(c)(2)a is amended by deleting, beginning in line 10 after the word "period", the following: "except as provided in paragraph. B. of this subdivision." and inserting in lieu thereof:

"except as hereinafter provided in paragraphs b, c, and d of this subdivision, G.S. 96‑9(d)(2)c and G.S. 96-12(e)G.".

Sec. 3.  G.S. 96-9(c)(2) is amended by adding a new paragraph "d." immediately following paragraph "c." to read as follows:

"d.        Any benefits paid to any claimant under the following conditions shall not be charged to the account of the base period employer(s):

1.         The benefits are paid for unemployment due directly to a major natural disaster, and

2.         the President has declared the disaster pursuant to the Disaster Relief Act of 1970 42 USCA 4401, et seq., and

3.         the benefits are paid to claimants who would have been eligible for disaster unemployment assistance under this act, if they had not received unemployment insurance benefits with respect to that unemployment."

Sec. 4.  G.S. 96-10(g) is amended by deleting, beginning in line 10 after the word "chapter" and before the word "of", the following:

"upon the complaint" and inserting in lieu thereof: "upon motion".

Sec. 5.  G.S. 96-11(c)(3)b. is amended by deleting, beginning in line 1 after the word "in" and before the word "with", the following:

"G.S. 96-8(5)m." and inserting in lieu thereof: "G.S. 96-13(4)".

Sec. 6.  G.S. 96-13(3) is amended by deleting, beginning in line 8, the following proviso:

"Provided further, that no individual separated from employment after July 1, 1961, shall be considered able and available for work who has been separated from employment due to pregnancy from the date of such separation until the birth of such individual's child, and no individual shall be considered able and available for work, regardless of the cause of such individual's separation from employment, for any week during the three-month period immediately before the expected birth of a child to such individual and for any week during the three-month period immediately following the birth of a child to such individual; however, no individual shall be denied benefits by reason of this proviso in the event of the death of such child, if such individual is otherwise eligible:".

Sec. 7.  This act shall be in full force and effect upon its ratification.

In the General Assembly read three times and ratified, this the 11th day of April, 1973.