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2021 SPECIAL SESSION I
HB 2040 Unemployment compensation; continuation of benefits, repayment of overpayments.
Introduced by: Sally L. Hudson | all patrons ... notes | add to my profiles
SUMMARY AS ENACTED WITH GOVERNOR'S RECOMMENDATION: (all summaries)
Unemployment compensation; failure to respond; continuation of benefits; repayment of overpayments. Provides that when a claimant has had a determination of initial eligibility for unemployment 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 requires the Virginia Employment Commission to 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. Overpayments shall not be considered "without fault on the part of the individual" if the overpayment was the result of (a) a reversal in the appeals process, unless the employer failed to respond timely or adequately; (b) a programming, technological, or automated system error that results in erroneous payments to a group of individuals; or (c) fraud.
The bill also provides that the Commission shall notify each person with an unpaid overpayment of benefits that he may be entitled to a waiver of repayment and provide 30 days to request such a waiver. The bill applies to outstanding overpayments established for the week commencing March 15, 2020, through the week commencing June 27, 2021. Amounts already paid or collected against such overpayments shall not be reimbursed to the claimant, except for benefits paid under the Pandemic Unemployment Assistance program. The bill allows the Commission to suspend or forgo referring any overpayment to the collections process. The bill provides that all costs to the Unemployment Compensation Fund (the Fund) resulting from the provisions of the bill for overpayments of benefits shall be reimbursed to the Fund from the general fund in the general appropriation act and that employers are not responsible for reimbursing benefits or benefits charges except when the employer failed to respond timely or adequately. The provisions of the bill expire on July 1, 2022.
FULL TEXT
- 01/12/21 House: Prefiled and ordered printed; offered 01/13/21 21102511D pdf | impact statement
- 01/28/21 House: Committee substitute printed 21103684D-H1 pdf | impact statement
- 02/03/21 House: Committee substitute printed 21104300D-H2 pdf | impact statement
- 02/15/21 Senate: Committee substitute printed 21200202D-S1 pdf | impact statement
- 02/17/21 Senate: Committee substitute printed 21200382D-S2 pdf | impact statement
- 02/25/21 House: Conference substitute printed 21200711D-H3 pdf | impact statement
- 03/09/21 House: Bill text as passed House and Senate (HB2040ER) pdf | impact statement
- 04/07/21 House: Reenrolled bill text (HB2040ER2) pdf
- 04/07/21 Governor: Acts of Assembly Chapter text (CHAP0539) pdf
AMENDMENTS
- House subcommittee amendments and substitutes offered
- House subcommittee amendments and substitutes adopted
- House committee, floor amendments and substitutes offered
- Senate committee, floor amendments and substitutes offered
- Senate amendments
- Senate amendments engrossed
- Conference amendments
- Governor's recommendation
HISTORY
- 01/12/21 House: Prefiled and ordered printed; offered 01/13/21 21102511D
- 01/12/21 House: Referred to Committee on Labor and Commerce
- 01/14/21 House: Assigned L & C sub: Subcommittee #1
- 01/26/21 House: Subcommittee recommends reporting with substitute (6-Y 2-N)
- 01/28/21 House: Reported from Labor and Commerce with substitute (14-Y 8-N)
- 01/28/21 House: Committee substitute printed 21103684D-H1
- 01/28/21 House: Referred to Committee on Appropriations
- 01/28/21 House: Incorporates HB1977 (Askew)
- 01/29/21 House: Assigned App. sub: Commerce Agriculture & Natural Resources
- 02/02/21 House: Subcommittee recommends reporting with substitute (5-Y 3-N)
- 02/03/21 House: Reported from Appropriations with substitute (13-Y 9-N)
- 02/03/21 House: Committee substitute printed 21104300D-H2
- 02/03/21 House: Read first time
- 02/04/21 House: Read second time
- 02/04/21 House: Committee on Labor and Commerce substitute rejected 21103684D-H1
- 02/04/21 House: Committee on Appropriations substitute agreed to 21104300D-H2
- 02/04/21 House: Engrossed by House - committee substitute HB2040H2
- 02/05/21 House: Read third time and passed House (57-Y 43-N)
- 02/05/21 House: VOTE: Passage (57-Y 43-N)
- 02/05/21 Senate: Constitutional reading dispensed
- 02/05/21 Senate: Referred to Committee on Commerce and Labor
- 02/05/21 Senate: Continued to 2021 Sp. Sess. 1 in Commerce and Labor (15-Y 0-N)
- 02/15/21 Senate: Reported from Commerce and Labor with substitute (12-Y 2-N)
- 02/15/21 Senate: Committee substitute printed 21200202D-S1
- 02/15/21 Senate: Rereferred to Finance and Appropriations
- 02/17/21 Senate: Constitutional reading dispensed (39-Y 0-N)
- 02/17/21 Senate: Committee substitute printed 21200382D-S2
- 02/17/21 Senate: Reported from Finance and Appropriations with substitute (9-Y 6-N 1-A)
- 02/18/21 Senate: Read third time
- 02/18/21 Senate: Passed by for the day
- 02/19/21 Senate: Read third time
- 02/19/21 Senate: Reading of substitute waived
- 02/19/21 Senate: Committee substitute rejected 21200202D-S1
- 02/19/21 Senate: Reading of substitute waived
- 02/19/21 Senate: Committee substitute agreed to 21200382D-S2
- 02/19/21 Senate: Passed by temporarily
- 02/19/21 Senate: Reading of amendment waived
- 02/19/21 Senate: Amendment by Senator Barker agreed to
- 02/19/21 Senate: Engrossed by Senate - committee substitute with amendment HB2040S2
- 02/19/21 Senate: Passed Senate with substitute with amendment (20-Y 18-N)
- 02/19/21 House: Senate substitute with amendment rejected by House (0-Y 96-N)
- 02/19/21 House: VOTE: REJECTED (0-Y 96-N)
- 02/19/21 Senate: Senate insisted on substitute with amendments (37-Y 0-N)
- 02/19/21 Senate: Senate requested conference committee
- 02/19/21 House: House acceded to request
- 02/19/21 House: Conferees appointed by House
- 02/19/21 House: Delegates: Hudson, Bagby, Ware
- 02/19/21 Senate: Conferees appointed by Senate
- 02/19/21 Senate: Senators: Spruill, Lewis, Obenshain
- 02/25/21 Conference: Amended by conference committee
- 02/25/21 House: Conference substitute printed 21200711D-H3
- 02/25/21 House: Conference report agreed to by House (57-Y 41-N)
- 02/25/21 House: VOTE: Agreed To (57-Y 41-N)
- 02/27/21 Senate: Conference report agreed to by Senate (21-Y 18-N)
- 03/09/21 House: Enrolled
- 03/09/21 Senate: Signed by President
- 03/09/21 House: Bill text as passed House and Senate (HB2040ER)
- 03/11/21 House: Signed by Speaker
- 03/15/21 House: Enrolled Bill communicated to Governor on March 15, 2021
- 03/15/21 Governor: Governor's Action Deadline 11:59 p.m., March 31, 2021
- 03/31/21 House: Governor's recommendation received by House
- 04/07/21 House: Placed on Calendar
- 04/07/21 House: House concurred in Governor's recommendation (57-Y 43-N)
- 04/07/21 House: VOTE: Adoption (57-Y 43-N)
- 04/07/21 Senate: Senate concurred in Governor's recommendation (21-Y 19-N)
- 04/07/21 Governor: Governor's recommendation adopted
- 04/07/21 House: Reenrolled
- 04/07/21 House: Reenrolled bill text (HB2040ER2)
- 04/07/21 House: Signed by Speaker as reenrolled
- 04/07/21 Senate: Signed by President as reenrolled
- 04/07/21 House: Enacted, Chapter 539 (effective 7/1/21)
- 04/07/21 Governor: Acts of Assembly Chapter text (CHAP0539)