VA SB548 | 2020 | Regular Session

Status

Completed Legislative Action
Spectrum: Partisan Bill (Democrat 1-0)
Status: Passed on April 22 2020 - 100% progression
Action: 2020-04-22 - Governor: Acts of Assembly Chapter text (CHAP1261)
Text: Latest bill text (Chaptered) [HTML]

Summary

Unemployment compensation. Amends various provisions regarding unemployment compensation and the Virginia Employment Commission. The bill provides that (i) the Commission shall base its determination on whether an individual is an employee on the standard used by the Internal Revenue Service for such determinations; (ii) for the purposes of unemployment compensation, "wages" does not include any payment made to, or on behalf of, an employee or his beneficiary under a cafeteria plan, as defined in § 125 of the Internal Revenue Code, if such payment would not be treated as wages under the Internal Revenue Code; and (iii) in an unemployment compensation claims adjudication matter, each day a person fails to obey a subpoena issued by a court, a court order, or a subpoena issued by the Commission shall be deemed to be a separate offense. Additionally, the bill requires (a) any employing unit to establish an account with the Commission by the end of the calendar quarter in which it becomes subject to the requirements for unemployment compensation, (b) an employer that has become subject to liability under the unemployment compensation provisions to submit the required reports by the due date of the calendar quarter in which the employer has initially become subject to such liability, and (c) all employers to file their quarterly payroll and tax reports on an electronic medium using a format prescribed by the Commission. Under current law, only employers with 100 or more employees are required to file electronically. The bill establishes a short-time compensation program that provides employers with the option of reducing the hours worked by employees while permitting the employees whose hours are reduced to receive partial compensation for lost wages. Program participation requires Virginia Employment Commission approval of a work sharing plan, which must provide that the reduction in hours of work is in lieu of a layoff of an equivalent percentage of employees and that employees' health and retirement benefits cannot be reduced or eliminated under the plan. An individual who satisfies other requirements for unemployment benefits will be eligible for short-term compensation if he is available for the individual's usual hours of work with the participating employer, which may include participating in certain training programs. The bill has an expiration date of July 1, 2022; however, if adequate funding by the U.S. Department of Labor that covers certain costs of establishing the program is not received by the Commission by January 1, 2021, the bill will expire on that date. Unemployment compensation. Amends various provisions regarding unemployment compensation and the Virginia Employment Commission. The bill provides that (i) the Commission shall base its determination on whether an individual is an employee on the standard used by the Internal Revenue Service for such determinations; (ii) for the purposes of unemployment compensation, "wages" does not include any payment made to, or on behalf of, an employee or his beneficiary under a cafeteria plan, as defined in § 125 of the Internal Revenue Code, if such payment would not be treated as wages under the Internal Revenue Code; and (iii) in an unemployment compensation claims adjudication matter, each day a person fails to obey a subpoena issued by a court, a court order, or a subpoena issued by the Commission shall be deemed to be a separate offense. Additionally, the bill requires (a) any employing unit to establish an account with the Commission by the end of the calendar quarter in which it becomes subject to the requirements for unemployment compensation, (b) an employer that has become subject to liability under the unemployment compensation provisions to submit the required reports by the due date of the calendar quarter in which the employer has initially become subject to such liability, and (c) all employers to file their quarterly payroll and tax reports on an electronic medium using a format prescribed by the Commission. Under current law, only employers with 100 or more employees are required to file electronically. The bill establishes a short-time compensation program that provides employers with the option of reducing the hours worked by employees while permitting the employees whose hours are reduced to receive partial compensation for lost wages. Program participation requires Virginia Employment Commission approval of a work sharing plan, which must provide that the reduction in hours of work is in lieu of a layoff of an equivalent percentage of employees and that employees' health and retirement benefits cannot be reduced or eliminated under the plan. An individual who satisfies other requirements for unemployment benefits will be eligible for short-term compensation if he is available for the individual's usual hours of work with the participating employer, which may include participating in certain training programs. The bill has an expiration date of July 1, 2022; however, if adequate funding by the U.S. Department of Labor that covers certain costs of establishing the program is not received by the Commission by January 1, 2021, the bill will expire on that date.

Tracking Information

Register now for our free OneVote public service or GAITS Professional trial account and you can begin tracking this and other legislation, all driven by the real-time data of the LegiScan API. Providing tools allowing you to research pending legislation, stay informed with email alerts, content feeds, and share dynamic reports. Use our new PolitiCorps to join with friends and collegaues to monitor & discuss bills through the process.

Monitor Legislation or view this same bill number from multiple sessions or take advantage of our national legislative search.

Title

Unemployment compensation; amends various provisions regarding compensation.

Sponsors


Roll Calls

2020-04-22 - House - House: VOTE: (79-Y 13-N) (Y: 78 N: 13 NV: 8 Abs: 0) [PASS]
2020-04-22 - Senate - Senate: Senate concurred in Governor's recommendation (39-Y 1-N) (Y: 38 N: 1 NV: 0 Abs: 0) [PASS]
2020-04-22 - Senate - Senate: Amendments specific and severable (40-Y 0-N) (Y: 39 N: 0 NV: 0 Abs: 0) [PASS]
2020-02-28 - House - House: VOTE: Block Vote Passage (100-Y 0-N) (Y: 99 N: 0 NV: 0 Abs: 0) [PASS]
2020-02-25 - House - House: Reported from Labor and Commerce (22-Y 0-N) (Y: 22 N: 0 NV: 0 Abs: 0) [PASS]
2020-01-24 - Senate - Senate: Read third time and passed Senate (39-Y 0-N) (Y: 38 N: 0 NV: 1 Abs: 0) [PASS]
2020-01-22 - Senate - Senate: Constitutional reading dispensed (40-Y 0-N) (Y: 39 N: 0 NV: 0 Abs: 0) [PASS]
2020-01-20 - Senate - Senate: Reported from Commerce and Labor (15-Y 0-N) (Y: 14 N: 0 NV: 0 Abs: 0) [PASS]

History

DateChamberAction
2020-04-22 Governor: Acts of Assembly Chapter text (CHAP1261)
2020-04-22HouseEnacted, Chapter 1261 (effective 7/1/20)
2020-04-22HouseSigned by Speaker as reenrolled
2020-04-22SenateSigned by President as reenrolled
2020-04-22SenateReenrolled bill text (SB548ER2)
2020-04-22SenateReenrolled
2020-04-22 Governor: Governor's recommendation adopted
2020-04-22HouseVOTE: (79-Y 13-N)
2020-04-22HouseHouse concurred in Governor's recommendation (79-Y 13-N)
2020-04-22SenateSenate concurred in Governor's recommendation (39-Y 1-N)
2020-04-22SenateAmendments specific and severable (40-Y 0-N)
2020-04-11SenateGovernor's substitute printed 20110209D-S1
2020-04-11SenateGovernor's recommendation received by Senate
2020-03-12 Governor: Governor's Action Deadline 11:59 p.m., April 11, 2020
2020-03-12SenateEnrolled Bill Communicated to Governor on March 12, 2020
2020-03-07SenateSigned by President
2020-03-06HouseSigned by Speaker
2020-03-05SenateBill text as passed Senate and House (SB548ER)
2020-03-05SenateEnrolled
2020-02-28HouseVOTE: Block Vote Passage (100-Y 0-N)
2020-02-28HousePassed House BLOCK VOTE (100-Y 0-N)
2020-02-28HouseRead third time
2020-02-27HouseRead second time
2020-02-25HouseReported from Labor and Commerce (22-Y 0-N)
2020-02-18HouseReferred to Committee on Labor and Commerce
2020-02-18HouseRead first time
2020-02-18HousePlaced on Calendar
2020-01-24SenateRead third time and passed Senate (39-Y 0-N)
2020-01-23SenateRead second time and engrossed
2020-01-22SenateConstitutional reading dispensed (40-Y 0-N)
2020-01-20SenateReported from Commerce and Labor (15-Y 0-N)
2020-01-07SenateReferred to Committee on Commerce and Labor
2020-01-07SenatePrefiled and ordered printed; offered 01/08/20 20104650D

Code Citations

ChapterArticleSectionCitation TypeStatute Text
602212(n/a)See Bill Text
602229(n/a)See Bill Text
602508(n/a)See Bill Text
602512(n/a)See Bill Text
602513(n/a)See Bill Text
602627(n/a)See Bill Text

Virginia State Sources

TypeSource
Summaryhttps://lis.virginia.gov/cgi-bin/legp604.exe?201+sum+SB548&201+sum+SB548
Texthttp://lis.virginia.gov/cgi-bin/legp604.exe?201+ful+SB548+hil
Texthttp://lis.virginia.gov/cgi-bin/legp604.exe?201+ful+SB548ER+hil
Texthttp://lis.virginia.gov/cgi-bin/legp604.exe?201+ful+SB548S1+hil
Texthttp://lis.virginia.gov/cgi-bin/legp604.exe?201+ful+SB548ER2+hil
Texthttp://lis.virginia.gov/cgi-bin/legp604.exe?201+ful+CHAP1261+hil
Roll Callhttp://lis.virginia.gov/cgi-bin/legp604.exe?201+vot+S02V0035+SB0548
Roll Callhttp://lis.virginia.gov/cgi-bin/legp604.exe?201+vot+SV0119SB0548+SB0548
Roll Callhttp://lis.virginia.gov/cgi-bin/legp604.exe?201+vot+SV0140SB0548+SB0548
Roll Callhttp://lis.virginia.gov/cgi-bin/legp604.exe?201+vot+H14V0318+SB0548
Roll Callhttp://lis.virginia.gov/cgi-bin/legp604.exe?201+vot+HV1634+SB0548
Roll Callhttp://lis.virginia.gov/cgi-bin/legp604.exe?201+vot+SV1977SB0548+SB0548
Roll Callhttp://lis.virginia.gov/cgi-bin/legp604.exe?201+vot+SV1978SB0548+SB0548
Roll Callhttp://lis.virginia.gov/cgi-bin/legp604.exe?201+vot+HV2276+SB0548

Bill Comments

feedback