Unemployment compensation; notice of hearing prior to discontinuing benefits, etc.
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HB 652 — Unemployment compensation; notice of hearing prior to discontinuing benefits, etc.
Last action — Approved by Governor-Chapter 668 (effective 7/1/22)
No card. One bill, free forever — alerts when it moves.
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✓Introduced
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✓In Committee
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✓Passed House of Delegates
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✓Passed Senate
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✓To Executive
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6Enacted
This bill has been enacted into law. Introduced January 11, 2022. Enacted.
Signed by Governor Glenn Youngkin (Republican) on April 11, 2022.
Prognosis
Where this bill stands today.
Odds of enactment
HighHow often bills like it became law.
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Enacted
Current position in the legislative process.
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1 sponsor
1 primary, 0 co-sponsors signed on.
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Cleared a recorded vote
Passed 6 recorded votes so far.
Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.
Summary
Unemployment compensation; benefit eligibility. Requires the Virginia Employment Commission to conduct an incarceration check and employment identification check prior to awarding benefits to any individual.
Bill Text
What changed in the latest version
339 added · 325 removedPlain-language change summary
The recent amendments to HB 652 primarily streamline the structure of Virginia's unemployment insurance and job services divisions. Specifically, it clarifies the roles and responsibilities of the Virginia State Job Service and the Unemployment Insurance Services Division, allowing for better cooperation with federal employment services. This change aims to improve the efficiency and effectiveness of unemployment compensation, which can ultimately help more Virginians access the benefits they need during times of job loss.
SESSION ENROLLED VIRGINIA ACTS OF ASSEMBLY ––-- 2022 SESSION CHAPTER E668 An Act to amend and reenact §§ 60.2-110, 60.2-116, 60.2-612, 60.2-613, 60.2-619, as it is currently effective and as it shall become effective, and 60.2-631 of the Code of Virginia, relating to unemployment compensation;
noticebenefit ofeligibility. hearing prior to discontinuing benefits;
overpaymentg[H tR652] forgiveness;Approved April 11, 2022 Be it enacted by the General Assembly of Virginia:
benefit1. eligibility;
emergency.That §§ 60.2-110, 60.2-116, 60.2-612, 60.2-613, 60.2-619, as it is currently effective and as it shall become effective, and 60.2-631 of the Code of Virginia are amended and reenacted as follows:
O§ L60.2-110. [H 652] L Approved E Be it enacted by the General Assembly of Virginia:
D become effective, and 60.2-631 of the Code of Virginia are amended and reenacted as follows:d as it shall § 60.2-110.
Each division shall be responsibleunit, forwith respect to personnel, budget, and duties, except insofar as the dischargeCommission ofmay itsfind distinctivethat functions.suchtive separation is impracticable.
EachIn divisionlieu, shallhowever, beof aestablishing separatethe administrativetwo unit,divisions the Commission may cooperate with respectand toutilize personnel,the budget,personnel and duties,services exceptof insofaremployment asoffices or services operated by the CommissionUnited mayStates findor thatany suchof separationits isauthorized impracticable.agencies but only to the extent necessary for the federal employment offices or services to perform the functions imposed upon employment offices by § 60.2-601 and subdivision A 5 of § 60.2-612.
In lieu, however, of establishing the two divisions the CommissionHmay cooperate with and utilize the personnel and services of employment offices or services operate6 by the employment offices or services to perform the functions imposed upon employment offices byedera2 § 60.2-60160.2-116. and subdivision A 5 of § 60.2-612.
R § 60.2-116.
Subject to the approval of the Governor, the Commission is hereby authorized to enter into arrangements with the appropriate agencies of other states or the federal government whereby individuals performing services in this and other states for a single employing unit under circumstances not specifically provided for in §§ 60.2-212 through 60.2-219, or under similar provisions in the unemployment compensation laws of such other states, shall be deemed to be engaged in employment mayperformed setentirely forthwithin termsthis wherebyCommonwealth theor potentialwithin rightone to benefits accumulated under the unemploymentnts compensation laws of one or more states or under such aother lawstates. of the federal government, or both, may constitute the basis for the payment of benefits through a single appropriate agency of any state under terms which the Commission finds will be fair and reasonable as to all affected interests and will not result in any substantial loss to the fund.
Such arrangements may set forth terms whereby the potential right to benefits accumulated under the unemployment compensation laws of one or more states or under such a law of the federal government, or both, may constitute the basis for the payment of benefits through a single appropriate agency of any state under terms which the Commission finds will be fair and reasonable as to all affected interests and will not result in any substantial loss to the fund.
Whereby wages or services, upon the basis of which an individual may become entitled to benefits under the unemployment compensation law of another state or of the federal government, shall be deemed to be wages for employment by employers for the purposes of §§ 60.2-602, 60.2-606,nt,60.2-606, shall 60.2-607, 60.2-609, 60.2-610, 60.2-611, subdivision A 1 of § 60.2-612 and §§ 60.2-614 through 60.2-617, provided such other state agency or agency of the federal government has agreed to reimburse the fund for such portion of benefits paid under this title upon the basis of such wages or services as the Commission finds will be fair and reasonable as to all affected interests;
Whereby the Commission will reimburse other state or federal agencies charged with the administration of unemployment compensation laws with such reasonable portion of benefits, paid under the law of any such other states or of the federal government upon the basis of employment or wages interests.mentfor employment by employers, as the Commission finds will be fair and reasonable as to all affected 2.interests.
2.
Subject to the approval of the Governor, the Commission is also authorized to enter into arr1.arrangements with the appropriate agencies of other states or of the federal government:
Whereby1. the Commission may deduct, in accordance with the provisions of § 60.2-633, from unemployment benefits otherwise payable to an individual an amount equal to any overpayment made to of 6 such individual under an unemployment benefit program of the United States or of any other state, and not previously recovered.
TheWhereby amountthe soCommission deductedmay shalldeduct, bein paidaccordance towith the jurisdictionprovisions underof whose§ program60.2-633, suchfrom overpaymentunemployment wasbenefits otherwise payable to an individual an amount equal to any overpayment made andto insuch accordanceindividual withunder thean arrangementunemployment betweenbenefit program of the CommissionUnited States or of any other state, and thenot jurisdiction.previously recovered.
The amount so deducted shall be paid to the jurisdiction under whose program such overpayment was made and in accordance with the arrangement between the Commission and the of 6 jurisdiction.
of 6 b.
This presumEtionpresumption may be overcome if the individual establishes to the satisfaction of the Commission that the individual has conducted a bona fide search for work and has been reasonably accessible to suitable work in the labor market area in which the individual spent the major portion of the week to which the presRmptionpresumption applies.
shifts in a 24-hour period shall not be deemed unavailable for work if the individual is currentlymore enrolled in one or more classes of education6 relatedc. to employment or is continuing in a certificate or degree program at an institution of higher education, provided that the enrollment would only limit the individual's availability for one shift and the individual is otherwise available to work any of the other shifts.
EAn 8.individual whose type of work is such that it is performed by individuals working two or more shifts in a 24-hour period shall not be deemed unavailable for work if the individual is currently enrolled in one or more classes of education related to employment or is continuing in a certificate or degree program at an institution of higher education, provided that the enrollment would only limit the individual's availability for one shift and the individual is otherwise available to work any of the other shifts.
8.
provided, that the claimant could not establish good cause for leaving work pursuant to § 60.2-618 and was9.was not discharged for misconduct as provided in § 60.2-618.
9.
For claims filed effective November 28, 1999, and after, this requirement shall be waived for any individual whoHewhose unemployment was caused by his employer terminating operations, closing its business or declaring bankruptcy without paying the final wages earned as required by § 40.1-29 of the Code of Virgin5a.Virginia.
Notwithstanding any other provision of this title, if an employer who terminates operations, clEsescloses its business or declares bankruptcy pays an individual his final wages after the period of time prescribed by § 40.1-29 of the Code of Virginia, such payment shall not be offset against the benefits the individual was otherwise entitled to receive and shall not, under any circumstances, cause such individual to be dec10.declared overpaid benefits.
10.
Prior to any individual'sindividual receiving benefits under this chapter, the Commission shall conduct an incarceration check and an employment identification check to verify the status of the unemployed individual seeking a claim for benefits.
§ 60.2-613.
Benefits not denied to individuals in training with approval of Commission.
Notwithstanding any other provisions of this chapter, no otherwise eligible individual shall be denied benefits for any week because he is in training approved under § 2296 of the Trade Act (19 suchU.S.C. training, provided the work left is not suitable employment, or because of the application to anyr such week in training of provisions in this law (or any applicable federal unemployment compensation law), relating to availability for work, active search for work, or refusal to accept work.
§ 2101 et seq.), nor shall such individual be denied benefits by reason of leaving work to enter such training, provided the work left is not suitable employment, or because of the application to any such week in training of provisions in this law (or any applicable federal unemployment compensation law), relating to availability for work, active search for work, or refusal to accept work.
On a.the basis of the facts found by him, the deputy shall either:
a.
or of 6 b.
Upon the filing of an initial claim for benefits, the Commission shall cause an informatory notice of such filing to be mailed to the most recent 30-day or 240-hour employing unit of the claimant and all of 6 subsequent employing units, and any reimbursable employing units that may be liable for reimbursement to the Commission for any benefits paid.
When the payment or denial of benefits will be determined by the provisions of subdivision A 2 of 6 of § 60.2-612, the deputy shall promptly transmit his full finding of fact with respect to that subdivision to any appeal tribunal, which shall make its determination in accordance with the procedure desEribeddescribed in § 60.2-620.
Show all 59 changed lines (19 more)
Upon the filing of an initial claim for benefits, the Commission shall cause an informatory notice of such filing to be mailed to the most recent 30-day or 240-hour employing unit of the claimanRclaimant and all subsequent employing units, and any reimbursable employing units which may be liable for shallreimbursement notto have any effect upon the claimCommission for benefits.any benefits paid.
However, the failure to furnish such notOcenotice C.shall not have any effect upon the claim for benefits.
C.
In addition, notice of any determination which involves the application of the provisions of § 60.2-618, together with the reasons therefor, shall be promptly given in the same manner to the most recent 30-day or 240-hour employing unit by whom Ehethe of 6 claimant was last employed and any subsequent employing unit which is a party.
The Commission may dispense with the giving of notice of any determination to any employing unit, and such employing unit shall not be entitled to such notice if it has failed to respond timely or adequately to a written request of the Commission for information, as required by § 60.2-528.1, from which the deputy may have deputydetermined shallthat promptly notify the claimant ofmay anybe decisionineligible madeor bydisqualified himunder at any timeprovision whichof inthis anyle.title.
The deputy shall promptly notify the claimant of any decision made by him at any time which in any manner denies benefits to the claimant for one or more weeks.
Such determination or decision shall be final unless the claimant or any such employing unit files an appeal from such determination or decision (i) within 30 calendar days after the delivery ofHsuchof such notification, (ii) within 30 calendar days after such notification was mailed to his last known address, or (iii) within 30 days after such notification was mailed to the last known address of an interst5teinterstate claimant.
E E.
Benefits shall be paid promptly in accordance with a determination or redetermination under this chapter, or decision of an appeal tribunal, the Commission, the Board of Review or a reviewing court under §§ 60.2-625 and 60.2-631 upon the issuance of such determination, redetermination or decision, regardless of the pendency of the period to file an appeal or petition for judicial review that is provided in this chapter, or the pendency of any such appeal or review.
Such benefits shall be paid unless or untilduntil such determination, redetermination or decision has been modified or reversed by a subsequent redetermination or decision, in which event benefits shall be paid or denied for weeks of unemployment thereafter in accordance with such modifying or reversing redetermination or decision.
If an appeal is taken from the Commission's decision, benefits paid shall result in a benefit charge to the account of the employer under § 60.2-530 only when, and as of the date on which, as the result of an appeal, the courts finally determine that the Commission should have awarded benefits to the cla§claimant 60.2-631.or claimants involved in such appeal.
Board§ of60.2-631. Review.in such appeal.
Board of Review.
All compensation of the members of the Board and all necessary expenses for the operation thereof shall be paid out of the administrative fund provided for in §§ 60.2-306 through 60.2-309 and §§ 60.2-311 through 60.2-313.
The administrative Commissioner may at any time, after notice and hearing, remove any member for cause.
except2. that hearings involving the provisions of subdivision A 2 of § 60.2-612 shall be held in the county or city where the claimant was last employed.
WhenThe theBoard samemay orhold substantiallyits similarhearings evidence is of 6 relevant and material to matters in issuethe incounty claims by more than one individual or incity claimswhere bythe aclaimant singlewas individuallast withemployed, respectexcept tothat twohearings orinvolving morethe weeksprovisions of unemployment,subdivision theA same2 timeof and§ place60.2-612 forshall considering each such claim may be fixed,held hearingsin thereonthe jointlycounty conducted,or andcity awhere singlethe recordclaimant ofwas thelast proceedingsemployed. made.
When the same or substantially similar evidence is relevant and material to matters in issue in claims by more than one individual or in claims by a single individual with respect to two or more weeks of unemployment, the same time and place for considering each such claim may be fixed, hearings thereon jointly conducted, and a single record of the proceedings made.
Within the time specified in § 60.2-625 the Commission, or any party to the proceedings before the Board, may obtain judicial review by filing in the circuit court of the county or city in which the of 6 individual who filed the claim was last employed, in the Commonwealth, a petition for review of such decision.
Show all 59 changed rows (19 more)
View plain text versions (4)
- CHAP0668 View text Current pdf April 11, 2022
- HB652ER View text pdf March 08, 2022
- Committee Substitute Committee substitute printed 22105754D-H1 pdf February 03, 2022
- Prefiled Prefiled and ordered printed with emergency clause; offered 01/12/22 22101192D pdf January 11, 2022
Action History
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Approved by Governor-Chapter 668 (effective 7/1/22)
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Governor's Action Deadline 11:59 p.m., April 11, 2022
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Enrolled Bill communicated to Governor on March 22, 2022
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Impact statement from DPB (HB652ER)
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Signed by President
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Signed by Speaker
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Enrolled
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Passed Senate (39-Y 0-N)
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Read third time
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Constitutional reading dispensed (40-Y 0-N)
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Reported from Commerce and Labor (15-Y 0-N)
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Referred to Committee on Commerce and Labor
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Constitutional reading dispensed
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Impact statement from DPB (HB652H1)
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VOTE: Passage (99-Y 0-N)
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Read third time and passed House (99-Y 0-N)
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Engrossed by House - committee substitute HB652H1
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Emergency clause deleted
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Committee substitute agreed to 22105754D-H1
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Read second time
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Read first time
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Committee substitute printed 22105754D-H1
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Reported from Commerce and Energy with substitute (22-Y 0-N)
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Subcommittee recommends referring to Committee on Appropriations
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Subcommittee recommends reporting with substitute (7-Y 0-N)
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House subcommittee amendments and substitutes offered
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Assigned sub: Subcommittee #1
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Referred to Committee on Commerce and Energy
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Prefiled and ordered printed with emergency clause; offered 01/12/22 22101192D
Sponsors
- Wampler, William C., III · Primary
Sponsorship breakdown
Export CSV (upgrade) →1 sponsors · 0 co-sponsors · 147 not signed on
Sponsors (1)
Co-sponsors (0)
None.
Not signed on (147)
147 members have not signed on to this bill.
Show all 147 →"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.
Votes
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 39 | 0 | 0 | 1 |
| Total | 39 | 0 | 0 | 1 |
| % of votes cast | 98% | 0% | 0% | 3% |
How each member voted (40)
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 40 | 0 | 0 | 0 |
| Total | 40 | 0 | 0 | 0 |
| % of votes cast | 100% | 0% | 0% | 0% |
How each member voted (40)
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 15 | 0 | 0 | 0 |
| Total | 15 | 0 | 0 | 0 |
| % of votes cast | 100% | 0% | 0% | 0% |
How each member voted (15)
| Member | Party | Vote |
|---|---|---|
| Spruill, Lionell, Sr. | — | Yea |
| Barker, George L. | — | Yea |
| Bell, John J. | — | Yea |
| David W. Marsden | — | Yea |
| Ebbin, Adam P. | — | Yea |
| Edwards, John S. | — | Yea |
| L. Louise Lucas | — | Yea |
| Lewis, Lynwood W., Jr. | — | Yea |
| Mark D. Obenshain | — | Yea |
| Mason, T. Montgomery "Monty" | — | Yea |
| Newman, Stephen D. | — | Yea |
| Norment, Thomas K., Jr. | — | Yea |
| R. Creigh Deeds | — | Yea |
| Saslaw, Richard L. | — | Yea |
| Scott A. Surovell | — | Yea |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 98 | 0 | 0 | 1 |
| Total | 98 | 0 | 0 | 1 |
| % of votes cast | 99% | 0% | 0% | 1% |
How each member voted (99)
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 22 | 0 | 0 | 0 |
| Total | 22 | 0 | 0 | 0 |
| % of votes cast | 100% | 0% | 0% | 0% |
How each member voted (22)
| Member | Party | Vote |
|---|---|---|
| Adams, Les R. | — | Yea |
| Alfonso H. Lopez | — | Yea |
| Batten, Amanda E. | — | Yea |
| Byron, Kathy J. | — | Yea |
| Christopher T. Head | — | Yea |
| Don Scott | — | Yea |
| Gooditis, Wendy W. | — | Yea |
| Guzman, Elizabeth R. | — | Yea |
| Israel D. O'Quinn | — | Yea |
| Jeion A. Ward | — | Yea |
| Joseph P. McNamara | — | Yea |
| Keam, Mark L. | — | Yea |
| Kory, Kaye | — | Yea |
| Lamont Bagby | — | Yea |
| Marshall, Daniel W., III | — | Yea |
| Michael J. Webert | — | Yea |
| Mullin, Michael P. | — | Yea |
| R. Lee Ware | — | Yea |
| Ransone, Margaret B. | — | Yea |
| Richard C. "Rip" Sullivan, Jr. | — | Yea |
| Terry G. Kilgore | — | Yea |
| Tony O. Wilt | — | Yea |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 7 | 0 | 0 | 2 |
| Total | 7 | 0 | 0 | 2 |
| % of votes cast | 78% | 0% | 0% | 22% |
How each member voted (9)
| Member | Party | Vote |
|---|---|---|
| Batten, Amanda E. | — | Yea |
| Byron, Kathy J. | — | Not Voting |
| Don Scott | — | Yea |
| Israel D. O'Quinn | — | Yea |
| Keam, Mark L. | — | Yea |
| Kory, Kaye | — | Yea |
| Marshall, Daniel W., III | — | Yea |
| Terry G. Kilgore | — | Not Voting |
| Tony O. Wilt | — | Yea |
Subjects
Frequently asked questions
- What does HB 652 do?
- Unemployment compensation; benefit eligibility. Requires the Virginia Employment Commission to conduct an incarceration check and employment identification check prior to awarding benefits to any individual.
- Who sponsors HB 652?
- HB 652 is sponsored by Wampler, William C., III.
- What is the current status of HB 652?
- This bill has been enacted into law. Introduced January 11, 2022. Enacted.
- Where can I track HB 652?
- Track HB 652 free on One Click Politics — get push/email alerts when it moves.
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