Bill Text: NH SB161 | 2021 | Regular Session | Introduced

---

Bill Title: Relative to non-fraud overpayments for unemployment benefits.

Spectrum: Partisan Bill (Democrat 6-0)

Status: (Introduced - Dead) 2021-03-18 - Rereferred to Committee, Regular Calendar 23Y-1N, Motion Adopted; 03/18/2021; Senate Journal 8 [SB161 Detail]

Download: New_Hampshire-2021-SB161-Introduced.html

---

SB 161-FN - AS INTRODUCED

 

 

2021 SESSION

21-0902

06/11

 

SENATE BILL 161-FN

 

AN ACT relative to non-fraud overpayments for unemployment benefits.

 

SPONSORS: Sen. Whitley, Dist 15; Sen. Perkins Kwoka, Dist 21; Sen. Rosenwald, Dist 13; Sen. Prentiss, Dist 5; Rep. Schultz, Merr. 18; Rep. McWilliams, Merr. 27

 

COMMITTEE: Executive Departments and Administration

 

-----------------------------------------------------------------

 

ANALYSIS

 

This bill prohibits the commissioner of the department of employment security from:

 

I.  Charging interest in the settlement of overpaid unemployment compensation where fraud is not an issue.

 

II.  Collecting overpayments of unemployment compensation until a debtor has exhausted all administrative remedies.

 

III.  Collecting overpayments during the state of emergency due to COVID-19, including overpayments that occurred prior to the emergency order.

 

- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -

 

Explanation: Matter added to current law appears in bold italics.

Matter removed from current law appears [in brackets and struckthrough.]

Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

21-0902

06/11

 

STATE OF NEW HAMPSHIRE

 

In the Year of Our Lord Two Thousand Twenty One

 

AN ACT relative to non-fraud overpayments for unemployment benefits.

 

Be it Enacted by the Senate and House of Representatives in General Court convened:

 

1  Unemployment Compensation; Overpayments; Penalties.  Amend RSA 282-A:165, IV to read as follows:

IV. The commissioner shall collect any overpayment created under this chapter by civil action in any manner provided for the collection of contributions in RSA 282-A:141-156, except as provided in paragraphs V and VI, and shall withhold, in whole or in part as determined by the commissioner, any future benefits payable to the individual and shall credit such amount withheld against the overpayment until it is repaid in full.

V.?  The commissioner shall not charge interest on overpayments unless the person willfully made a false statement or representation or knowingly failed to disclose a material fact to obtain or increase any benefit or other payment under this chapter, either for one’s self, or for any other person pursuant to RSA 282-A:161 or RSA 282-A:164.

VI. The commissioner shall not seek or require repayment of overpayments of state or federal unemployment benefits by any collection method until a person has? exhausted?all?administrative?remedies?within the department and is aggrieved by a final decision of the appeal tribunal as reversed, modified, or affirmed by the appellate board after a motion for reconsideration is granted or denied or after the decision on rehearing. The commissioner shall suspend collection activities, including the collection of payments made pursuant to a payment plan, when a person submits a request to waive an overpayment of benefits or a request to adjust an overpayment of benefits by compromise. The commissioner shall not resume collection activities until the person has exhausted all administrative remedies within the department and is aggrieved by a final decision that upholds the denial of a request to waive an overpayment of benefits or a request to adjust an overpayment of benefits by compromise.

2  Department of Employment Security; State of Emergency.  During the existence of the state of emergency due to the Novel Coronavirus (COVID-19), first declared by Executive Order 2020-04, the commissioner ?of the department of employment security shall not collect any non-fraud overpayment of state or federal unemployment benefits, including overpayments that occurred or were established prior to the state of emergency and that remain uncollected.

3  Effective Date.  This act shall take effect 60 days after its passage.

 

LBA

21-0902

2/8/21

 

SB 161-FN- FISCAL NOTE

AS INTRODUCED

 

AN ACT relative to non-fraud overpayments for unemployment benefits.

 

FISCAL IMPACT:

The Office of Legislative Budget Assistant is unable to complete a fiscal note for this bill, as introduced, as it is awaiting information from the Department of Employment Security.  When completed, the fiscal note will be forwarded to the Senate Clerk's Office.

 

AGENCIES CONTACTED:

Department of Employment Security