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2020 SESSION
SB 548 Unemployment compensation; amends various provisions regarding compensation.
Introduced by: John S. Edwards | all patrons ... notes | add to my profiles
SUMMARY AS ENACTED WITH GOVERNOR'S RECOMMENDATION: (all summaries)
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.
FULL TEXT
- 01/07/20 Senate: Prefiled and ordered printed; offered 01/08/20 20104650D pdf | impact statement
- 03/05/20 Senate: Bill text as passed Senate and House (SB548ER) pdf | impact statement
- 04/11/20 Senate: Governor's substitute printed 20110209D-S1 pdf
- 04/22/20 Senate: Reenrolled bill text (SB548ER2) pdf
- 04/22/20 Governor: Acts of Assembly Chapter text (CHAP1261) pdf
AMENDMENTS
HISTORY
- 01/07/20 Senate: Prefiled and ordered printed; offered 01/08/20 20104650D
- 01/07/20 Senate: Referred to Committee on Commerce and Labor
- 01/20/20 Senate: Reported from Commerce and Labor (15-Y 0-N)
- 01/22/20 Senate: Constitutional reading dispensed (40-Y 0-N)
- 01/23/20 Senate: Read second time and engrossed
- 01/24/20 Senate: Read third time and passed Senate (39-Y 0-N)
- 02/18/20 House: Placed on Calendar
- 02/18/20 House: Read first time
- 02/18/20 House: Referred to Committee on Labor and Commerce
- 02/25/20 House: Reported from Labor and Commerce (22-Y 0-N)
- 02/27/20 House: Read second time
- 02/28/20 House: Read third time
- 02/28/20 House: Passed House BLOCK VOTE (100-Y 0-N)
- 02/28/20 House: VOTE: Block Vote Passage (100-Y 0-N)
- 03/05/20 Senate: Enrolled
- 03/05/20 Senate: Bill text as passed Senate and House (SB548ER)
- 03/06/20 House: Signed by Speaker
- 03/07/20 Senate: Signed by President
- 03/12/20 Senate: Enrolled Bill Communicated to Governor on March 12, 2020
- 03/12/20 Governor: Governor's Action Deadline 11:59 p.m., April 11, 2020
- 04/11/20 Senate: Governor's recommendation received by Senate
- 04/11/20 Senate: Governor's substitute printed 20110209D-S1
- 04/22/20 Senate: Amendments specific and severable (40-Y 0-N)
- 04/22/20 Senate: Senate concurred in Governor's recommendation (39-Y 1-N)
- 04/22/20 House: House concurred in Governor's recommendation (79-Y 13-N)
- 04/22/20 House: VOTE: (79-Y 13-N)
- 04/22/20 Governor: Governor's recommendation adopted
- 04/22/20 Senate: Reenrolled
- 04/22/20 Senate: Reenrolled bill text (SB548ER2)
- 04/22/20 Senate: Signed by President as reenrolled
- 04/22/20 House: Signed by Speaker as reenrolled
- 04/22/20 House: Enacted, Chapter 1261 (effective 7/1/20)
- 04/22/20 Governor: Acts of Assembly Chapter text (CHAP1261)