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14 KiB
type, title, description, jurisdiction, legislature, session, identifier, citation, classification, subjects, status, primary_sponsors, version_count, action_count, vote_count, first_action, last_action, source, source_identifier, source_url, source_hash, vintage, source_snapshot, retrieved_at, confidence, tags
| type | title | description | jurisdiction | legislature | session | identifier | citation | classification | subjects | status | primary_sponsors | version_count | action_count | vote_count | first_action | last_action | source | source_identifier | source_url | source_hash | vintage | source_snapshot | retrieved_at | confidence | tags | |||||
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| Bill | Unemployment compensation; continuation of benefits, repayment of overpayments. | 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. | us/states/va | Virginia General Assembly | 2021 | HB 2040 | Virginia HB 2040 (2021) |
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6 | 80 | 16 | 2021-01-12 | 2021-04-07 | openstates | ocd-bill/c2529a93-8fd0-4832-9237-1766f5c00607 | https://lis.virginia.gov/cgi-bin/legp604.exe?212+sum+HB2040 | 16d58aafc2ab58fae2b024c53bc242fd069ffb6efba933c773109ea73954433c | 2026-07-01 | https://data.openstates.org/daily/2026-07-01/public.pgdump | 2026-07-06 | reported |
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Virginia HB 2040 (2021) — Unemployment compensation; continuation of benefits, repayment of overpayments.
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.
Version chain
The bill's text revisions, in order — the diff chain from filing to enrollment.
- CHAP0539 (committee substitute) — source
- Committee substitute printed 21200202D-S1 (committee substitute) — source
- Committee substitute printed 21200382D-S2 (committee substitute) — source
- Conference substitute printed 21200711D-H3 (committee substitute) — source
- HB2040ER (committee substitute) — source
- HB2040ER2 (committee substitute) — source
Votes
- Continued to 2021 Sp. Sess. 1 in Commerce and Labor (15-Y 0-N) — 15–0 (pass) · upper
- Constitutional reading dispensed (39-Y 0-N) — 39–0 (pass) · upper
- Reported from Labor and Commerce with substitute (14-Y 8-N) — 14–8 (pass) · lower
- Passed Senate with substitute with amendment (20-Y 18-N) — 20–18 (pass) · upper
- Subcommittee recommends reporting with substitute (6-Y 2-N) — 6–2 (pass) · lower
- Reported from Finance and Appropriations with substitute (9-Y 6-N 1-A) — 9–6 (pass) · upper
- VOTE: REJECTED (0-Y 96-N) — 0–95 (fail) · lower
- Reported from Appropriations with substitute (13-Y 9-N) — 13–9 (pass) · lower
- Senate concurred in Governor's recommendation (21-Y 19-N) — 21–18 (pass) · upper
- Conference report agreed to by Senate (21-Y 18-N) — 21–18 (pass) · upper
- Reported from Commerce and Labor with substitute (12-Y 2-N) — 12–2 (pass) · upper
- VOTE: Adoption (57-Y 43-N) — 56–43 (pass) · lower
- VOTE: Passage (57-Y 43-N) — 56–43 (pass) · lower
- VOTE: Agreed To (57-Y 41-N) — 56–41 (pass) · lower
- Senate insisted on substitute with amendments (37-Y 0-N) — 37–0 (pass) · upper
- Subcommittee recommends reporting with substitute (5-Y 3-N) — 5–3 (pass) · lower
Sponsors
- Sally L. Hudson — primary (person)
- Alex Q. Askew — cosponsor (person)
- Betsy B. Carr — cosponsor (person)
- Charniele L. Herring — cosponsor (person)
- Chris L. Hurst — cosponsor (person)
- Dan I. Helmer — cosponsor (person)
- Danica A. Roem — cosponsor (person)
- David A. Reid — cosponsor (person)
- Delores L. McQuinn — cosponsor (person)
- Elizabeth R. Guzman — cosponsor (person)
- Hala S. Ayala — cosponsor (person)
- Ibraheem S. Samirah — cosponsor (person)
- Jeffrey M. Bourne — cosponsor (person)
- Jennifer L. McClellan — cosponsor (person)
- Joshua G. Cole — cosponsor (person)
- Kathleen Murphy — cosponsor (person)
- Kathy K.L. Tran — cosponsor (person)
- Kaye Kory — cosponsor (person)
- Kenneth R. Plum — cosponsor (person)
- Lamont Bagby — cosponsor (person)
- Lee J. Carter — cosponsor (person)
- Marcia S. "Cia" Price — cosponsor (person)
- Marcus B. Simon — cosponsor (person)
- Mark H. Levine — cosponsor (person)
- Mark L. Keam — cosponsor (person)
- Patrick A. Hope — cosponsor (person)
- Sam Rasoul — cosponsor (person)
- Shelly A. Simonds — cosponsor (person)
- Suhas Subramanyam — cosponsor (person)
Timeline
The legislative action history — every referral, reading, and vote.
- 2021-01-12 Prefiled and ordered printed; offered 01/13/21 21102511D
introduction - 2021-01-12 Referred to Committee on Labor and Commerce
referral-committee - 2021-01-14 Assigned L & C sub: Subcommittee #1
referral-committee - 2021-01-26 Impact statement from DPB (HB2040)
- 2021-01-26 House subcommittee amendments and substitutes offered
- 2021-01-26 Subcommittee recommends reporting with substitute (6-Y 2-N)
- 2021-01-28 House committee, floor amendments and substitutes offered
- 2021-01-28 Reported from Labor and Commerce with substitute (14-Y 8-N)
committee-passage - 2021-01-28 Committee substitute printed 21103684D-H1
substitution - 2021-01-28 Referred to Committee on Appropriations
referral-committee - 2021-01-28 Incorporates HB1977 (Askew)
- 2021-01-29 Assigned App. sub: Commerce Agriculture & Natural Resources
referral-committee - 2021-02-01 Impact statement from DPB (HB2040H1)
- 2021-02-02 House subcommittee amendments and substitutes offered
- 2021-02-02 Subcommittee recommends reporting with substitute (5-Y 3-N)
- 2021-02-03 Reported from Appropriations with substitute (13-Y 9-N)
committee-passage - 2021-02-03 Committee substitute printed 21104300D-H2
substitution - 2021-02-03 Read first time
reading-1 - 2021-02-04 Read second time
reading-2 - 2021-02-04 Committee on Labor and Commerce substitute rejected 21103684D-H1
- 2021-02-04 Committee on Appropriations substitute agreed to 21104300D-H2
- 2021-02-04 Engrossed by House - committee substitute HB2040H2
- 2021-02-05 Read third time and passed House (57-Y 43-N)
passage, reading-3 - 2021-02-05 VOTE: Passage (57-Y 43-N)
- 2021-02-05 Constitutional reading dispensed
- 2021-02-05 Referred to Committee on Commerce and Labor
referral-committee - 2021-02-05 Continued to 2021 Sp. Sess. 1 in Commerce and Labor (15-Y 0-N)
- 2021-02-10 Impact statement from DPB (HB2040H2)
- 2021-02-15 Senate committee, floor amendments and substitutes offered
- 2021-02-15 Reported from Commerce and Labor with substitute (12-Y 2-N)
committee-passage - 2021-02-15 Committee substitute printed 21200202D-S1
substitution - 2021-02-15 Rereferred to Finance and Appropriations
referral-committee - 2021-02-17 Impact statement from DPB (HB2040S1)
- 2021-02-17 Senate committee, floor amendments and substitutes offered
- 2021-02-17 Constitutional reading dispensed (39-Y 0-N)
- 2021-02-17 Committee substitute printed 21200382D-S2
substitution - 2021-02-17 Reported from Finance and Appropriations with substitute (9-Y 6-N 1-A)
committee-passage - 2021-02-18 Read third time
reading-3 - 2021-02-18 Passed by for the day
- 2021-02-19 Impact statement from DPB (HB2040S2)
- 2021-02-19 Read third time
reading-3 - 2021-02-19 Reading of substitute waived
- 2021-02-19 Committee substitute rejected 21200202D-S1
- 2021-02-19 Reading of substitute waived
- 2021-02-19 Committee substitute agreed to 21200382D-S2
- 2021-02-19 Passed by temporarily
- 2021-02-19 Reading of amendment waived
- 2021-02-19 Amendment by Senator Barker agreed to
amendment-passage - 2021-02-19 Engrossed by Senate - committee substitute with amendment HB2040S2
- 2021-02-19 Passed Senate with substitute with amendment (20-Y 18-N)
passage - 2021-02-19 Senate substitute with amendment rejected by House (0-Y 96-N)
- 2021-02-19 VOTE: REJECTED (0-Y 96-N)
- 2021-02-19 Senate insisted on substitute with amendments (37-Y 0-N)
- 2021-02-19 Senate requested conference committee
- 2021-02-19 House acceded to request
- 2021-02-19 Conferees appointed by House
- 2021-02-19 Conferees appointed by Senate
- 2021-02-25 Amended by conference committee
- 2021-02-25 Conference substitute printed 21200711D-H3
- 2021-02-25 Conference report agreed to by House (57-Y 41-N)
- 2021-02-25 VOTE: Agreed To (57-Y 41-N)
- 2021-02-27 Conference report agreed to by Senate (21-Y 18-N)
- 2021-03-01 Impact statement from DPB (HB2040H3)
- 2021-03-09 Enrolled
- 2021-03-09 Impact statement from DPB (HB2040ER)
- 2021-03-09 Signed by President
- 2021-03-11 Signed by Speaker
- 2021-03-15 Enrolled Bill communicated to Governor on March 15, 2021
- 2021-03-15 Governor's Action Deadline 11:59 p.m., March 31, 2021
- 2021-03-31 Governor's recommendation received by House
- 2021-04-07 Placed on Calendar
- 2021-04-07 House concurred in Governor's recommendation (57-Y 43-N)
- 2021-04-07 VOTE: Adoption (57-Y 43-N)
- 2021-04-07 Senate concurred in Governor's recommendation (21-Y 19-N)
- 2021-04-07 Governor's recommendation adopted
- 2021-04-07 Reenrolled
- 2021-04-07 Reenrolled bill text (HB2040ER2)
- 2021-04-07 Signed by Speaker as reenrolled
- 2021-04-07 Signed by President as reenrolled
- 2021-04-07 Enacted, Chapter 539 (effective 7/1/21)
became-law
Source
OpenStates / OpenCivicData bulk snapshot 2026-07-01; origin ocd-bill/c2529a93-8fd0-4832-9237-1766f5c00607. Confidence: reported (aggregated from official Virginia legislature records).