Virginia House Bill 2040
Session 2021
Unemployment compensation; continuation of benefits, repayment of overpayments.
Became Law
Became Law on Apr 7, 2021
Origin Chamber
House
Type
Bill
Bill Number
2040
State
Virginia
Session
2021
Motion Text
VOTE: Adoption (57-Y 43-N)
House Roll Call Votes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
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.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.
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 begun receiving unemployment benefits, such benefits shall continue to be paid under a presumption of continuing entitlement unless or until a deputy determines, in a process providing notice and opportunity to be heard to the claimant, that the claimant is ineligible or disqualified. The bill provides that an individual who receives an overpayment of unemployment benefits is not liable to repay the overpayments to the Commission if the Commission determines that (i) the overpayment was not due to fraud, misrepresentation, or willful nondisclosure on the part of the recipient and its recovery would be against equity and good conscience; (ii) the overpayment was a direct result of inducement, solicitation, or coercion on the part of the employer; or (iii) the overpayment occurred due to administrative error. The bill requires the Commission to waive an overpayment of benefits under a federal unemployment benefit program if the program authorizes the waiver. The bill provides that any person who receives an overpayment of benefits is not required to repay such overpayment if the Commission determines that the overpayment was made because the employer failed to respond timely or adequately to a written request by the Commission for information relating to the claim. Finally, the bill prohibits a determination with respect to benefit overpayments to be issued until after a determination or decision that finds a claimant ineligible or disqualified for benefits previously paid has become final.
Committee substitute printed 21200202D-S1
February 15, 2021
Committee substitute printed 21200382D-S2
February 17, 2021
Conference substitute printed 21200711D-H3
February 25, 2021
Amendment: HB2040AC
Amendment: HB2040AG
Amendment: HB2040AS
Amendment: HB2040ASE
Fiscal Impact Statement: HB2040F122.PDF
Fiscal Impact Statement: HB2040FH1122.PDF
Sort by most recent
04/07/2021
House
Enacted, Chapter 539 (effective 7/1/21)
04/07/2021
Senate
Signed by President as reenrolled
04/07/2021
House
Signed by Speaker as reenrolled
04/07/2021
House
Reenrolled bill text (HB2040ER2)
04/07/2021
House
Reenrolled
04/07/2021
Office of the Governor
Governor's recommendation adopted
04/07/2021
Senate
Senate concurred in Governor's recommendation (21-Y 19-N)
04/07/2021
House
VOTE: Adoption (57-Y 43-N)
04/07/2021
House
House concurred in Governor's recommendation (57-Y 43-N)
04/07/2021
House
Placed on Calendar
03/31/2021
House
Governor's recommendation received by House
03/15/2021
Office of the Governor
Governor's Action Deadline 11:59 p.m., March 31, 2021
03/15/2021
House
Enrolled Bill communicated to Governor on March 15, 2021
03/11/2021
House
Signed by Speaker
03/09/2021
Senate
Signed by President
03/09/2021
House
Impact statement from DPB (HB2040ER)
03/09/2021
House
Enrolled
03/01/2021
House
Impact statement from DPB (HB2040H3)
02/27/2021
Senate
Conference report agreed to by Senate (21-Y 18-N)
02/25/2021
House
VOTE: Agreed To (57-Y 41-N)
02/25/2021
House
Conference report agreed to by House (57-Y 41-N)
02/25/2021
House
Conference substitute printed 21200711D-H3
02/25/2021
Virginia General Assembly
Amended by conference committee
02/19/2021
Senate
Conferees appointed by Senate
02/19/2021
House
Conferees appointed by House
02/19/2021
House
House acceded to request
02/19/2021
Senate
Senate requested conference committee
02/19/2021
Senate
Senate insisted on substitute with amendments (37-Y 0-N)
02/19/2021
House
VOTE: REJECTED (0-Y 96-N)
02/19/2021
House
Senate substitute with amendment rejected by House (0-Y 96-N)
02/19/2021
Senate
Passed Senate with substitute with amendment (20-Y 18-N)
02/19/2021
Senate
Engrossed by Senate - committee substitute with amendment HB2040S2
02/19/2021
Senate
Amendment by Senator Barker agreed to
02/19/2021
Senate
Reading of amendment waived
02/19/2021
Senate
Passed by temporarily
02/19/2021
Senate
Committee substitute agreed to 21200382D-S2
02/19/2021
Senate
Reading of substitute waived
02/19/2021
Senate
Committee substitute rejected 21200202D-S1
02/19/2021
Senate
Reading of substitute waived
02/19/2021
Senate
Read third time
02/19/2021
House
Impact statement from DPB (HB2040S2)
02/18/2021
Senate
Passed by for the day
02/18/2021
Senate
Read third time
02/17/2021
Senate
Reported from Finance and Appropriations with substitute (9-Y 6-N 1-A)
02/17/2021
Senate
Committee substitute printed 21200382D-S2
02/17/2021
Senate
Constitutional reading dispensed (39-Y 0-N)
02/17/2021
Senate
Senate committee, floor amendments and substitutes offered
02/17/2021
House
Impact statement from DPB (HB2040S1)
02/15/2021
Senate
Rereferred to Finance and Appropriations
02/15/2021
Senate
Committee substitute printed 21200202D-S1
02/15/2021
Senate
Reported from Commerce and Labor with substitute (12-Y 2-N)
02/15/2021
Senate
Senate committee, floor amendments and substitutes offered
02/10/2021
House
Impact statement from DPB (HB2040H2)
02/05/2021
Senate
Continued to 2021 Sp. Sess. 1 in Commerce and Labor (15-Y 0-N)
02/05/2021
Senate
Referred to Committee on Commerce and Labor
02/05/2021
Senate
Constitutional reading dispensed
02/05/2021
House
VOTE: Passage (57-Y 43-N)
02/05/2021
House
Read third time and passed House (57-Y 43-N)
02/04/2021
House
Engrossed by House - committee substitute HB2040H2
02/04/2021
House
Committee on Appropriations substitute agreed to 21104300D-H2
02/04/2021
House
Committee on Labor and Commerce substitute rejected 21103684D-H1
02/04/2021
House
Read second time
02/03/2021
House
Read first time
02/03/2021
House
Committee substitute printed 21104300D-H2
02/03/2021
House
Reported from Appropriations with substitute (13-Y 9-N)
02/02/2021
House
Subcommittee recommends reporting with substitute (5-Y 3-N)
02/02/2021
House
House subcommittee amendments and substitutes offered
02/01/2021
House
Impact statement from DPB (HB2040H1)
01/29/2021
House
Assigned App. sub: Commerce Agriculture & Natural Resources
01/28/2021
House
Incorporates HB1977 (Askew)
01/28/2021
House
Referred to Committee on Appropriations
01/28/2021
House
Committee substitute printed 21103684D-H1
01/28/2021
House
Reported from Labor and Commerce with substitute (14-Y 8-N)
01/28/2021
House
House committee, floor amendments and substitutes offered
01/26/2021
House
Subcommittee recommends reporting with substitute (6-Y 2-N)
01/26/2021
House
House subcommittee amendments and substitutes offered
01/26/2021
House
Impact statement from DPB (HB2040)
01/14/2021
House
Assigned L & C sub: Subcommittee #1
01/12/2021
House
Referred to Committee on Labor and Commerce
01/12/2021
House
Prefiled and ordered printed; offered 01/13/21 21102511D
Sources
Open States
Record Created
Jan 13, 2021 9:02:18 AM
Record Updated
Apr 14, 2021 6:04:47 PM