VA HB2040 | 2021 | Regular Session

Status

Spectrum: Partisan Bill (Democrat 28-0)
Status: Engrossed on February 4 2021 - 50% progression, died in chamber
Action: 2021-02-05 - Continued to 2021 Sp. Sess. 1 in Commerce and Labor (15-Y 0-N)
Text: Latest bill text (Comm Sub) [HTML]

Summary

Unemployment compensation; failure to respond; continuation of benefits; repayment of overpayments. Provides that an employer shall be deemed to have established a pattern of failing to respond timely or adequately to written requests for information relating to claims if the Virginia Employment Commission determines that the employer has failed to respond timely or adequately to a written request for information relating to a claim on two or more occasions within a 48-month window and requires such employer to pay a penalty upon his second such failure to respond timely or adequately. Under current law, such pattern is established after four failures, and the penalty is assessed after the third failure. The bill provides that if an employer fails to respond timely or adequately to a written request by the Commission for information relating to a claim, the employer forfeits any appeal rights to that claim. Unemployment compensation; failure to respond; continuation of benefits; repayment of overpayments. Provides that an employer shall be deemed to have established a pattern of failing to respond timely or adequately to written requests for information relating to claims if the Virginia Employment Commission determines that the employer has failed to respond timely or adequately to a written request for information relating to a claim on two or more occasions within a 48-month window and requires such employer to pay a penalty upon his second such failure to respond timely or adequately. Under current law, such pattern is established after four failures, and the penalty is assessed after the third failure. The bill provides that if an employer fails to respond timely or adequately to a written request by the Commission for information relating to a claim, the employer forfeits any appeal rights to that claim. The bill provides that when a claimant has had a determination of initial eligibility for benefits, as determined by the issuance of compensation or waiting-week credit, payments shall continue, subject to a presumption of continued eligibility, until a determination is made that provides the claimant notice and an opportunity to be heard. The bill provides that the Commission shall waive the obligation to repay any overpayment if (i) the overpayment was made without fault on the part of the individual and (ii) requiring repayment would be contrary to equity and good conscience. The Commission shall have authority to negotiate the terms of repayment for any overpayment where repayment is not forgiven. Overpayments shall not be considered "without fault" if the overpayment was the result of (i) a reversal in the appeals process, unless the employer failed to respond or timely respond or (ii) a programming, technological, or automated system error that results in erroneous payments to a group of individuals. The bill also provides that the Commission shall notify each person with an unpaid overpayment of benefits that they may be entitled to a waiver of repayment and provide 30 days to request such a waiver. The bill applies to overpayments established for the week commencing March 15, 2020 through the week commencing June 26, 2021 and only to those overpayments that have not been fully or partially repaid. Finally, the bill allows the Commission to suspend or forego referring any overpayment to the collections process until June 30, 2022.

Tracking Information

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Title

Unemployment compensation; failure to respond, continuation of benefits, repayment of overpayments.

Sponsors


Roll Calls

2021-02-05 - Senate - Senate: Continued to 2021 Sp. Sess. 1 in Commerce and Labor (15-Y 0-N) (Y: 15 N: 0 NV: 0 Abs: 0) [PASS]
2021-02-05 - House - House: VOTE: Passage (57-Y 43-N) (Y: 57 N: 43 NV: 0 Abs: 0) [PASS]
2021-02-03 - House - House: Reported from Appropriations with substitute (13-Y 9-N) (Y: 13 N: 9 NV: 0 Abs: 0) [PASS]
2021-02-02 - House - House: Subcommittee recommends reporting with substitute (5-Y 3-N) (Y: 5 N: 3 NV: 0 Abs: 0) [PASS]
2021-01-28 - House - House: Reported from Labor and Commerce with substitute (14-Y 8-N) (Y: 14 N: 8 NV: 0 Abs: 0) [PASS]
2021-01-26 - House - House: Subcommittee recommends reporting with substitute (6-Y 2-N) (Y: 6 N: 2 NV: 0 Abs: 0) [PASS]
2021-01-26 - House - House: Subcommittee recommends reporting with substitute (6-Y 2-N) (Y: 6 N: 2 NV: 0 Abs: 0) [PASS]

History

DateChamberAction
2021-02-05SenateContinued to 2021 Sp. Sess. 1 in Commerce and Labor (15-Y 0-N)
2021-02-05SenateReferred to Committee on Commerce and Labor
2021-02-05SenateConstitutional reading dispensed
2021-02-05HouseVOTE: Passage (57-Y 43-N)
2021-02-05HouseRead third time and passed House (57-Y 43-N)
2021-02-04HouseEngrossed by House - committee substitute HB2040H2
2021-02-04HouseCommittee on Appropriations substitute agreed to 21104300D-H2
2021-02-04HouseCommittee on Labor and Commerce substitute rejected 21103684D-H1
2021-02-04HouseRead second time
2021-02-03HouseRead first time
2021-02-03HouseCommittee substitute printed 21104300D-H2
2021-02-03HouseReported from Appropriations with substitute (13-Y 9-N)
2021-02-02HouseSubcommittee recommends reporting with substitute (5-Y 3-N)
2021-01-29HouseAssigned App. sub: Commerce Agriculture & Natural Resources
2021-01-28HouseIncorporates HB1977 (Askew)
2021-01-28HouseReferred to Committee on Appropriations
2021-01-28HouseCommittee substitute printed 21103684D-H1
2021-01-28HouseReported from Labor and Commerce with substitute (14-Y 8-N)
2021-01-26HouseSubcommittee recommends reporting with substitute (6-Y 2-N)
2021-01-14HouseAssigned L & C sub: Subcommittee #1
2021-01-12HouseReferred to Committee on Labor and Commerce
2021-01-12HousePrefiled and ordered printed; offered 01/13/21 21102511D

Code Citations

ChapterArticleSectionCitation TypeStatute Text
602528.1(n/a)See Bill Text
602619(n/a)See Bill Text
602633(n/a)See Bill Text

Virginia State Sources

TypeSource
Summaryhttps://lis.virginia.gov/cgi-bin/legp604.exe?211+sum+HB2040
Texthttps://lis.virginia.gov/cgi-bin/legp604.exe?211+ful+HB2040+hil
Texthttps://lis.virginia.gov/cgi-bin/legp604.exe?211+ful+HB2040H1+hil
Texthttps://lis.virginia.gov/cgi-bin/legp604.exe?211+ful+HB2040H2+hil
Amendmenthttps://committees.lis.virginia.gov/pdfs/drafts/21103684D.pdf
Amendmenthttps://committees.lis.virginia.gov/pdfs/21103684.pdf
Amendmenthttps://committees.lis.virginia.gov/pdfs/drafts/21103896A.pdf
Supplementhttps://lis.virginia.gov/cgi-bin/legp604.exe?211+oth+HB2040F122+PDF
Supplementhttps://lis.virginia.gov/cgi-bin/legp604.exe?211+oth+HB2040FH1122+PDF
Roll Callhttps://lis.virginia.gov/cgi-bin/legp604.exe?211+vot+H1401V0016+HB2040
Roll Callhttps://lis.virginia.gov/cgi-bin/legp604.exe?211+vot+H1401V0019+HB2040
Roll Callhttps://lis.virginia.gov/cgi-bin/legp604.exe?211+vot+H14V0085+HB2040
Roll Callhttps://lis.virginia.gov/cgi-bin/legp604.exe?211+vot+H0201V0010+HB2040
Roll Callhttps://lis.virginia.gov/cgi-bin/legp604.exe?211+vot+H02V0107+HB2040
Roll Callhttps://lis.virginia.gov/cgi-bin/legp604.exe?211+vot+HV1498+HB2040
Roll Callhttps://lis.virginia.gov/cgi-bin/legp604.exe?211+vot+S02V0057+HB2040

Bill Comments 750

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