GENERAL ASSEMBLY OF NORTH CAROLINA
1991 SESSION

CHAPTER 423
SENATE BILL 321

AN ACT TO MAKE CONFORMING CHANGES TO THE EMPLOYMENT SECURITY LAW.

The General Assembly of North Carolina enacts:

Section 1.  G.S. 96-13(f) reads as rewritten:
"(f)	(1)	Benefits shall not be payable on the basis of services performed by an alien unless such alien is an individual who was lawfully admitted for permanent residence at the time such services were performed, or otherwise was permanently residing in the United States under color of law at the time such services were performed, or was lawfully present for purposes of performing such services (including an alien who is lawfully present in the United States as a result of the application of the provisions of section 203 (a)(7) or section 212 (d)(5) of the Immigration and Nationality Act). Any data or information required of individuals applying for benefits to determine whether benefits are not payable to them because of their alien status shall be uniformly required from all applicants for benefits. In the case of an individual whose application for benefits would otherwise be approved, no determination that compensation to such individual is not payable because of his alien status shall be made except upon a preponderance of the evidence.
(2)	An individual who is not a citizen or national of the United States shall not be deemed available for work under subsection (a)(3) of this section unless the individual is in satisfactory immigration status under the laws administered by the United States Department of Justice, Immigration and Naturalization Service."
Sec. 2.  This act is effective upon ratification.
In the General Assembly read three times and ratified this the 27th day of June, 1991.
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James C. Gardner
President of the Senate

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Daniel Blue, Jr.
Speaker of the House of Representatives