VA HB2040 | 2021 | 1st Special Session
Note: Carry Over of previous HB2040
Status
Completed Legislative Action
Spectrum: Partisan Bill (Democrat 28-0)
Status: Passed on April 7 2021 - 100% progression
Action: 2021-04-07 - Governor: Acts of Assembly Chapter text (CHAP0539)
Text: Latest bill text (Chaptered) [HTML]
Spectrum: Partisan Bill (Democrat 28-0)
Status: Passed on April 7 2021 - 100% progression
Action: 2021-04-07 - Governor: Acts of Assembly Chapter text (CHAP0539)
Text: Latest bill text (Chaptered) [HTML]
Summary
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. 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.
Title
Unemployment compensation; continuation of benefits, repayment of overpayments.
Sponsors
Roll Calls
2021-04-07 - Senate - Senate: Senate concurred in Governor's recommendation (21-Y 19-N) (Y: 21 N: 19 NV: 0 Abs: 0) [PASS]
2021-04-07 - House - House: VOTE: Adoption (57-Y 43-N) (Y: 57 N: 43 NV: 0 Abs: 0) [PASS]
2021-02-27 - Senate - Senate: Conference report agreed to by Senate (21-Y 18-N) (Y: 21 N: 18 NV: 0 Abs: 0) [PASS]
2021-02-25 - House - House: VOTE: Agreed To (57-Y 41-N) (Y: 57 N: 41 NV: 0 Abs: 2) [PASS]
2021-02-19 - Senate - Senate: Senate insisted on substitute with amendments (37-Y 0-N) (Y: 37 N: 0 NV: 0 Abs: 2) [PASS]
2021-02-19 - House - House: VOTE: REJECTED (0-Y 96-N) (Y: 0 N: 96 NV: 0 Abs: 4) [FAIL]
2021-02-19 - Senate - Senate: Passed Senate with substitute with amendment (20-Y 18-N) (Y: 20 N: 18 NV: 0 Abs: 1) [PASS]
2021-02-17 - Senate - Senate: Constitutional reading dispensed (39-Y 0-N) (Y: 39 N: 0 NV: 0 Abs: 0) [PASS]
2021-02-17 - Senate - Senate: Reported from Finance and Appropriations with substitute (9-Y 6-N 1-A) (Y: 9 N: 6 NV: 1 Abs: 0) [PASS]
2021-02-15 - Senate - Senate: Reported from Commerce and Labor with substitute (12-Y 2-N) (Y: 12 N: 2 NV: 0 Abs: 0) [PASS]
2021-02-05 - Senate - Senate: Continued to 2021 Sp. Sess. 1 in Commerce and Labor (15-Y 0-N) (Y: 15 N: 0 NV: 0 Abs: 0) [PASS]
2021-02-05 - House - House: VOTE: Passage (57-Y 43-N) (Y: 57 N: 43 NV: 0 Abs: 0) [PASS]
2021-02-03 - House - House: Reported from Appropriations with substitute (13-Y 9-N) (Y: 13 N: 9 NV: 0 Abs: 0) [PASS]
2021-02-02 - House - House: Subcommittee recommends reporting with substitute (5-Y 3-N) (Y: 5 N: 3 NV: 0 Abs: 0) [PASS]
2021-01-28 - House - House: Reported from Labor and Commerce with substitute (14-Y 8-N) (Y: 14 N: 8 NV: 0 Abs: 0) [PASS]
2021-01-26 - House - House: Subcommittee recommends reporting with substitute (6-Y 2-N) (Y: 6 N: 2 NV: 0 Abs: 0) [PASS]
2021-04-07 - House - House: VOTE: Adoption (57-Y 43-N) (Y: 57 N: 43 NV: 0 Abs: 0) [PASS]
2021-02-27 - Senate - Senate: Conference report agreed to by Senate (21-Y 18-N) (Y: 21 N: 18 NV: 0 Abs: 0) [PASS]
2021-02-25 - House - House: VOTE: Agreed To (57-Y 41-N) (Y: 57 N: 41 NV: 0 Abs: 2) [PASS]
2021-02-19 - Senate - Senate: Senate insisted on substitute with amendments (37-Y 0-N) (Y: 37 N: 0 NV: 0 Abs: 2) [PASS]
2021-02-19 - House - House: VOTE: REJECTED (0-Y 96-N) (Y: 0 N: 96 NV: 0 Abs: 4) [FAIL]
2021-02-19 - Senate - Senate: Passed Senate with substitute with amendment (20-Y 18-N) (Y: 20 N: 18 NV: 0 Abs: 1) [PASS]
2021-02-17 - Senate - Senate: Constitutional reading dispensed (39-Y 0-N) (Y: 39 N: 0 NV: 0 Abs: 0) [PASS]
2021-02-17 - Senate - Senate: Reported from Finance and Appropriations with substitute (9-Y 6-N 1-A) (Y: 9 N: 6 NV: 1 Abs: 0) [PASS]
2021-02-15 - Senate - Senate: Reported from Commerce and Labor with substitute (12-Y 2-N) (Y: 12 N: 2 NV: 0 Abs: 0) [PASS]
2021-02-05 - Senate - Senate: Continued to 2021 Sp. Sess. 1 in Commerce and Labor (15-Y 0-N) (Y: 15 N: 0 NV: 0 Abs: 0) [PASS]
2021-02-05 - House - House: VOTE: Passage (57-Y 43-N) (Y: 57 N: 43 NV: 0 Abs: 0) [PASS]
2021-02-03 - House - House: Reported from Appropriations with substitute (13-Y 9-N) (Y: 13 N: 9 NV: 0 Abs: 0) [PASS]
2021-02-02 - House - House: Subcommittee recommends reporting with substitute (5-Y 3-N) (Y: 5 N: 3 NV: 0 Abs: 0) [PASS]
2021-01-28 - House - House: Reported from Labor and Commerce with substitute (14-Y 8-N) (Y: 14 N: 8 NV: 0 Abs: 0) [PASS]
2021-01-26 - House - House: Subcommittee recommends reporting with substitute (6-Y 2-N) (Y: 6 N: 2 NV: 0 Abs: 0) [PASS]
History
Date | Chamber | Action |
---|---|---|
2021-04-07 | Governor: Acts of Assembly Chapter text (CHAP0539) | |
2021-04-07 | House | Enacted, Chapter 539 (effective 7/1/21) |
2021-04-07 | Senate | Signed by President as reenrolled |
2021-04-07 | House | Signed by Speaker as reenrolled |
2021-04-07 | House | Reenrolled bill text (HB2040ER2) |
2021-04-07 | House | Reenrolled |
2021-04-07 | Governor: Governor's recommendation adopted | |
2021-04-07 | Senate | Senate concurred in Governor's recommendation (21-Y 19-N) |
2021-04-07 | House | VOTE: Adoption (57-Y 43-N) |
2021-04-07 | House | House concurred in Governor's recommendation (57-Y 43-N) |
2021-04-07 | House | Placed on Calendar |
2021-03-31 | House | Governor's recommendation received by House |
2021-03-15 | Governor: Governor's Action Deadline 11:59 p.m., March 31, 2021 | |
2021-03-15 | House | Enrolled Bill communicated to Governor on March 15, 2021 |
2021-03-11 | House | Signed by Speaker |
2021-03-09 | House | Bill text as passed House and Senate (HB2040ER) |
2021-03-09 | Senate | Signed by President |
2021-03-09 | House | Enrolled |
2021-02-27 | Senate | Conference report agreed to by Senate (21-Y 18-N) |
2021-02-25 | House | VOTE: Agreed To (57-Y 41-N) |
2021-02-25 | House | Conference report agreed to by House (57-Y 41-N) |
2021-02-25 | House | Conference substitute printed 21200711D-H3 |
2021-02-25 | Conference: Amended by conference committee | |
2021-02-19 | Senate | Senators: Spruill, Lewis, Obenshain |
2021-02-19 | Senate | Conferees appointed by Senate |
2021-02-19 | House | Delegates: Hudson, Bagby, Ware |
2021-02-19 | House | Conferees appointed by House |
2021-02-19 | House | House acceded to request |
2021-02-19 | Senate | Senate requested conference committee |
2021-02-19 | Senate | Senate insisted on substitute with amendments (37-Y 0-N) |
2021-02-19 | House | VOTE: REJECTED (0-Y 96-N) |
2021-02-19 | House | Senate substitute with amendment rejected by House (0-Y 96-N) |
2021-02-19 | Senate | Passed Senate with substitute with amendment (20-Y 18-N) |
2021-02-19 | Senate | Engrossed by Senate - committee substitute with amendment HB2040S2 |
2021-02-19 | Senate | Amendment by Senator Barker agreed to |
2021-02-19 | Senate | Reading of amendment waived |
2021-02-19 | Senate | Passed by temporarily |
2021-02-19 | Senate | Committee substitute agreed to 21200382D-S2 |
2021-02-19 | Senate | Reading of substitute waived |
2021-02-19 | Senate | Committee substitute rejected 21200202D-S1 |
2021-02-19 | Senate | Reading of substitute waived |
2021-02-19 | Senate | Read third time |
2021-02-18 | Senate | Passed by for the day |
2021-02-18 | Senate | Read third time |
2021-02-17 | Senate | Reported from Finance and Appropriations with substitute (9-Y 6-N 1-A) |
2021-02-17 | Senate | Committee substitute printed 21200382D-S2 |
2021-02-17 | Senate | Constitutional reading dispensed (39-Y 0-N) |
2021-02-15 | Senate | Rereferred to Finance and Appropriations |
2021-02-15 | Senate | Committee substitute printed 21200202D-S1 |
2021-02-15 | Senate | Reported from Commerce and Labor with substitute (12-Y 2-N) |
2021-02-05 | Senate | Continued to 2021 Sp. Sess. 1 in Commerce and Labor (15-Y 0-N) |
2021-02-05 | Senate | Referred to Committee on Commerce and Labor |
2021-02-05 | Senate | Constitutional reading dispensed |
2021-02-05 | House | VOTE: Passage (57-Y 43-N) |
2021-02-05 | House | Read third time and passed House (57-Y 43-N) |
2021-02-04 | House | Engrossed by House - committee substitute HB2040H2 |
2021-02-04 | House | Committee on Appropriations substitute agreed to 21104300D-H2 |
2021-02-04 | House | Committee on Labor and Commerce substitute rejected 21103684D-H1 |
2021-02-04 | House | Read second time |
2021-02-03 | House | Read first time |
2021-02-03 | House | Committee substitute printed 21104300D-H2 |
2021-02-03 | House | Reported from Appropriations with substitute (13-Y 9-N) |
2021-02-02 | House | Subcommittee recommends reporting with substitute (5-Y 3-N) |
2021-01-29 | House | Assigned App. sub: Commerce Agriculture & Natural Resources |
2021-01-28 | House | Incorporates HB1977 (Askew) |
2021-01-28 | House | Referred to Committee on Appropriations |
2021-01-28 | House | Committee substitute printed 21103684D-H1 |
2021-01-28 | House | Reported from Labor and Commerce with substitute (14-Y 8-N) |
2021-01-26 | House | Subcommittee recommends reporting with substitute (6-Y 2-N) |
2021-01-14 | House | Assigned L & C sub: Subcommittee #1 |
2021-01-12 | House | Referred to Committee on Labor and Commerce |
2021-01-12 | House | Prefiled and ordered printed; offered 01/13/21 21102511D |
Same As/Similar To
HB2040 (Carry Over) 2021-02-05 - Continued to 2021 Sp. Sess. 1 in Commerce and Labor (15-Y 0-N)
Subjects
Code Citations
Chapter | Article | Section | Citation Type | Statute Text |
---|---|---|---|---|
60 | 2 | 528.1 | (n/a) | See Bill Text |
60 | 2 | 619 | (n/a) | See Bill Text |
60 | 2 | 633 | (n/a) | See Bill Text |