Fabio
70 lines
4.7 KiB
Markdown
70 lines
4.7 KiB
Markdown
---
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type: "Bill"
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title: "AN ACT TO AMEND TITLE 19 OF THE DELAWARE CODE RELATING TO CIVIL ACTIONS TO RECOVER OVERPAID UNEMPLOYMENT BENEFITS."
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description: "This House Substitute No. 1 for House Bill 73 provides a 5-year statute of limitations for the Department of Labor to bring civil actions to recover nonfraud overpayment debts and no period of limitations to recover fraud overpayment debts. This portion of the Substitute will apply to overpayment debts for which the statute of limitations has not yet run, which includes those that accrued less than 3 years prior to the enactment of this Act. This Substitute expressly codifies the current law that there is no deadline for the Department to collect overpayment debts by offset of future benefits, by state Department of Revenue offset or by federal Treasury offset of tax refunds, the last of which is mandated by federal law. Finally, this Substitute creates an overpayment waiver program, effective retroactively to the start of the COVID-19 pandemic, to give the Department authority to waive non-fraud overpayments of traditional unemployment benefits resulting from either Department error or claimants receiving certain low-income public assistance."
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jurisdiction: "us/states/de"
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legislature: "Delaware General Assembly"
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session: "152"
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identifier: "HB 73"
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citation: "Delaware HB 73 (152)"
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classification: ["bill"]
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subjects: []
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status: "enacted"
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primary_sponsors: ["Brian Pettyjohn", "Bryan Townsend", "Edward S. Osienski", "John \"Jack\" Walsh", "Kendra Johnson", "Laura V. Sturgeon", "Michael F. Smith"]
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version_count: 1
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action_count: 6
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vote_count: 2
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first_action: "2023-06-15"
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last_action: "2023-09-14"
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source: "openstates"
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source_identifier: "ocd-bill/232d039b-87bf-4d9b-ac09-ffd43e49fe6a"
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source_url: "https://legis.delaware.gov/BillDetail?LegislationId=140622"
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source_hash: "68c4aba3e367c05fe94d170728c0b3ef0ab3a41533a1b437f617b84c97510233"
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vintage: "2026-07-01"
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source_snapshot: "https://data.openstates.org/daily/2026-07-01/public.pgdump"
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retrieved_at: "2026-07-06"
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confidence: "reported"
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tags: ["legislation", "bill", "us-de"]
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---
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# Delaware HB 73 (152) — AN ACT TO AMEND TITLE 19 OF THE DELAWARE CODE RELATING TO CIVIL ACTIONS TO RECOVER OVERPAID UNEMPLOYMENT BENEFITS.
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This House Substitute No. 1 for House Bill 73 provides a 5-year statute of limitations for the Department of Labor to bring civil actions to recover nonfraud overpayment debts and no period of limitations to recover fraud overpayment debts. This portion of the Substitute will apply to overpayment debts for which the statute of limitations has not yet run, which includes those that accrued less than 3 years prior to the enactment of this Act. This Substitute expressly codifies the current law that there is no deadline for the Department to collect overpayment debts by offset of future benefits, by state Department of Revenue offset or by federal Treasury offset of tax refunds, the last of which is mandated by federal law. Finally, this Substitute creates an overpayment waiver program, effective retroactively to the start of the COVID-19 pandemic, to give the Department authority to waive non-fraud overpayments of traditional unemployment benefits resulting from either Department error or claimants receiving certain low-income public assistance.
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## Version chain
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The bill's text revisions, in order — the diff chain from filing to enrollment.
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1. **Bill Text** (committee substitute) — [source](https://legis.delaware.gov/json/BillDetail/GenerateHtmlDocument?legislationId=140622&legislationTypeId=6&docTypeId=2&legislationName=HS1forHB73)
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## Votes
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- 3/4 — **39–0** (pass) · lower
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- SM — **21–0** (pass) · upper
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## Sponsors
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- Brian Pettyjohn — primary (person)
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- Bryan Townsend — primary (person)
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- Edward S. Osienski — primary (person)
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- John "Jack" Walsh — primary (person)
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- Kendra Johnson — primary (person)
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- Laura V. Sturgeon — primary (person)
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- Michael F. Smith — primary (person)
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## Timeline
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The legislative action history — every referral, reading, and vote.
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- **2023-06-15** was introduced and adopted in lieu of HB 73 `introduction`
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- **2023-06-20** Passed By House. Votes: 39 YES 2 ABSENT `passage`
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- **2023-06-20** Assigned to Labor Committee in Senate `introduction, referral-committee`
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- **2023-06-28** Reported Out of Committee (Labor) in Senate with 4 On Its Merits `committee-passage`
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- **2023-06-29** Passed By Senate. Votes: 21 YES `passage`
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- **2023-09-14** Signed by Governor `executive-signature`
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## Source
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OpenStates / OpenCivicData bulk snapshot [2026-07-01](https://data.openstates.org/daily/2026-07-01/public.pgdump); origin `ocd-bill/232d039b-87bf-4d9b-ac09-ffd43e49fe6a`. Confidence: reported (aggregated from official Delaware legislature records).
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