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2013 SESSION
SB 775 Unemployment compensation; noncharging of overpayments, penalty for fraudulent claims.
Introduced by: John C. Watkins | all patrons ... notes | add to my profiles
SUMMARY AS ENACTED WITH GOVERNOR'S RECOMMENDATION: (all summaries)
Unemployment compensation; noncharging of overpayments; penalty for fraudulent claims. Provides that an employer shall not be relieved from a claimant's benefit charges relating to an overpayment of unemployment benefits when the employer has established a pattern of failing to respond timely or adequately to such requests. A similar requirement is established for reimbursable employing units. A pattern of failing to respond timely or adequately to such requests exists if an employer fails to respond adequately to a request for information four times in a four-year period. After the first three such failures, the Virginia Employment Commission (VEC) is required to give the employer a notice, and is required to assess a $75 civil penalty for a third failure. The VEC is required to monitor the implementation of this provision and report its findings periodically to the Commission on Unemployment Compensation. The measure also provides that any person who is disqualified for unemployment benefits as a result of a fraudulent act or omission shall be assessed a penalty of 15 percent of the amount of any unemployment benefits received for which he was not entitled. Finally, the measure allows benefit overpayments and penalties to be recovered through offsets and eliminates the provision that makes individuals who have obtained benefits as the result of fraud ineligible for benefits until such benefits have been repaid. The enactment of a noncharging provision and a fraud penalty are required pursuant to the federal Trade Adjustment Assistance Extension Act of 2011. The measure is a recommendation of the Commission on Unemployment Compensation.
FULL TEXT
- 12/18/12 Senate: Prefiled and ordered printed; offered 01/09/13 13100415D pdf | impact statement
- 02/15/13 Senate: Bill text as passed Senate and House (SB775ER) pdf | impact statement
- 04/03/13 Senate: Reenrolled bill text (SB775ER2) pdf
- 04/03/13 Governor: Acts of Assembly Chapter text (CHAP0771) pdf
AMENDMENTS
HISTORY
- 12/18/12 Senate: Prefiled and ordered printed; offered 01/09/13 13100415D
- 12/18/12 Senate: Referred to Committee on Commerce and Labor
- 01/14/13 Senate: Reported from Commerce and Labor (14-Y 0-N)
- 01/16/13 Senate: Constitutional reading dispensed (40-Y 0-N)
- 01/17/13 Senate: Read second time and engrossed
- 01/18/13 Senate: Read third time and passed Senate (38-Y 0-N)
- 01/25/13 House: Placed on Calendar
- 01/25/13 House: Read first time
- 01/25/13 House: Referred to Committee on Commerce and Labor
- 02/07/13 House: Reported from Commerce and Labor (20-Y 0-N)
- 02/11/13 House: Read second time
- 02/12/13 House: Read third time
- 02/12/13 House: Passed House BLOCK VOTE (100-Y 0-N)
- 02/12/13 House: VOTE: BLOCK VOTE PASSAGE (100-Y 0-N)
- 02/15/13 Senate: Enrolled
- 02/15/13 Senate: Bill text as passed Senate and House (SB775ER)
- 02/15/13 House: Signed by Speaker
- 02/18/13 Senate: Signed by President
- 03/13/13 Senate: Governor's recommendation received by Senate
- 04/02/13 Senate: Placed on Calendar
- 04/03/13 Senate: Senate concurred in Governor's recommendation (40-Y 0-N)
- 04/03/13 House: House concurred in Governor's recommendation (93-Y 0-N)
- 04/03/13 House: VOTE: ADOPTION (93-Y 0-N)
- 04/03/13 Governor: Governor's recommendation adopted
- 04/03/13 Senate: Reenrolled
- 04/03/13 Senate: Reenrolled bill text (SB775ER2)
- 04/03/13 Senate: Signed by President as reenrolled
- 04/03/13 House: Signed by Speaker as reenrolled
- 04/03/13 House: Enacted, Chapter 771 (effective 7/1/13)
- 04/03/13 Governor: Acts of Assembly Chapter text (CHAP0771)