Delaware House Bill 73

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Completed Legislative Action
Spectrum: Slight Partisan Bill (Democrat 5-2)
Status: Passed on September 14 2023 - 100% progression
Action: 2023-09-14 - Signed by Governor
Text: Latest bill text (Draft #2) [HTML]

This House Substitute No. 1 for House Bill 73 provides a 5-year statute of limitations for the Department of Labor to bring civil actions to recover nonfraud overpayment debts and no period of limitations to recover fraud overpayment debts. This portion of the Substitute will apply to overpayment debts for which the statute of limitations has not yet run, which includes those that accrued less than 3 years prior to the enactment of this Act. This Substitute expressly codifies the current law that there is no deadline for the Department to collect overpayment debts by offset of future benefits, by state Department of Revenue offset or by federal Treasury offset of tax refunds, the last of which is mandated by federal law. Finally, this Substitute creates an overpayment waiver program, effective retroactively to the start of the COVID-19 pandemic, to give the Department authority to waive non-fraud overpayments of traditional unemployment benefits resulting from either Department error or claimants receiving certain low-income public assistance.

An Act To Amend Title 19 Of The Delaware Code Relating To Civil Actions To Recover Overpaid Unemployment Benefits.

Rep. Edward Osienski [D]	Rep. Kimberly Williams [D]	Sen. Bryan Townsend [D]	Sen. Jack Walsh [D]
Rep. Jeff Hilovsky [R]	Rep. Michael Smith [R]	Sen. Kyle Gay [D]

2023-06-29 - Senate - Senate Third Reading (Y: 21 N: 0 NV: 0 Abs: 0) [PASS]
2023-06-20 - House - House Third Reading (Y: 39 N: 0 NV: 0 Abs: 2) [PASS]

Date	Chamber	Action
2023-09-14		Signed by Governor
2023-06-29		Passed By Senate. Votes: 21 YES
2023-06-28		Reported Out of Committee (Labor) in Senate with 4 On Its Merits
2023-06-20		Assigned to Labor Committee in Senate
2023-06-20		Passed By House. Votes: 39 YES 2 ABSENT
2023-06-15		was introduced and adopted in lieu of HB 73

Type	Source
Summary	https://legis.delaware.gov/BillDetail?LegislationId=140622
Text	https://legis.delaware.gov/json/BillDetail/GenerateHtmlDocument?legislationId=130043&legislationTypeId=1&docTypeId=2&legislationName=HB73
Text	https://legis.delaware.gov/json/BillDetail/GenerateHtmlDocument?legislationId=140622&legislationTypeId=6&docTypeId=2&legislationName=HS1forHB73
Roll Call	https://legis.delaware.gov/json/RollCall/GetRollCallVoteByRollCallId#54725
Roll Call	https://legis.delaware.gov/json/RollCall/GetRollCallVoteByRollCallId#54994