Virginia 2024 Regular Session Status: Enacted

SB 382 — Unemployment compensation; collection of overpayments, limitations.

Last action — Acts of Assembly Chapter text (CHAP0591)

Track this bill free

No card. One bill, free forever — alerts when it moves.

  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Senate
  4. ✓
    Passed House of Delegates
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced January 09, 2024. Enacted.

Signed by Governor Glenn Youngkin (Republican) on April 05, 2024.

Prognosis

Likely to advance 72% · moderate confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 2 sponsors

    1 primary, 1 co-sponsors signed on.

  • Cleared a recorded vote

    Passed 8 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; collection of overpayments; limitations. Provides that collection activities for an overpayment, provided that such overpayment was not caused by fraud on the part of the claimant, shall be suspended and that the Virginia Employment Commission shall determine as uncollectable and discharge the overpayment if it remains unpaid after the earliest of the following: (i) after the expiration of five years from the last day of the benefit year in which the overpayment was made, (ii) immediately upon the death of the claimant, (iii) upon the claimant's discharge in bankruptcy occurring subsequently to the determination of payment, or (iv) at any time where the Commission finds such overpayment to be uncollectible or the recovery of such overpayment to be administratively impracticable. As introduced, this bill was a recommendation of the Commission on Unemployment Compensation.

Bill Text

What changed in the latest version

50 added · 49 removed

Plain-language change summary

The updated version of SB 382 clarifies how individuals who received unemployment benefits they weren't entitled to will handle repayment of those overpayments. It allows the Virginia Commission to negotiate repayment plans for these individuals, including options like deducting a portion from future benefits or delaying collection until the person secures employment. This change is significant because it aims to ease the financial burden on people who faced administrative errors, potentially helping them recover without devastating penalties.

→
Previous
Latest
SESSION ENROLLED VIRGINIA ACTS OF ASSEMBLY –– CHAPTER E An Act to amend and reenact § 60.2-633 of the Code of Virginia, relating to unemployment N compensation;
VIRGINIA ACTS OF ASSEMBLY -- 2024 SESSION CHAPTER 591 An Act to amend and reenact § 60.2-633 of the Code of Virginia, relating to unemployment compensation;
R O [S 382] Approved L L 1.
[S 382] Approved April 5, 2024 Be it enacted by the General Assembly of Virginia:
1.
E A.
A.
In the event the claimant does not refund the overpayment, the Commission shall deduct from any future benefits such sum payable to him under this title.
In the event the claimant does not refund the overpayment, the Commission shall deduct from any this chapter, but not under an unemployment benefit program of the United States or of any other state, occurred due to administrative error, the Commission shall have the authority to negotiate the terms of repayment, which shall include (i) deducting up to 50 percent of the payable amount for any future week of benefits claimed, rounded down to the next lowest dollar until the overpayment is satisfied;
However, if an overpayment of benefits under occurred due to administrative error, the Commission shall have the authority to negotiate the terms of repayment, which shall include (i) deducting up to 50 percent of the payable amount for any futSre week of benefits claimed, rounded down to the next lowest dollar until the overpayment is satisfied;
The CommissiEn shall collect an overpayment of benefits under this chapter caused by administrative error only by offset against future benefits or a negotiated repayment plan;
The Commission shall collect an overpayment of benefits under this chapter caused by administrative error only by offset against future benefits or a negotiated repayment plan;
however, the Commission may institute any other Administrative error shall not include decisions reversed in the appeals process.
however, the Commission may institute any other method of collection if the individual fails to enter into or comply with the terms of the repayment plan.
In addition, thent plan.
Administrative error shall not include decisions reversed in the appeals process.
overpayment may be collectible by civil action in the name of the Commission.
In addition, the overpayment may be collectible by civil action in the name of the Commission.
Collection activities for any benefit overpayment established of five dollars $5or less may be suspended.
Collection activities for any benefit overpayment established of five dollars $5 or less may be suspended.
The When a benefit overpayment is not caused by fraud on the part of the claimant, pursuant to § 60.2-618 or 60.2-632, collection activities shall be suspended and the Commission shall, at the earliest of the following, determine as uncollectable and discharge the benefit of the benefit year, as defined in § 60.2-206, in which the overpayment was made;
The When a benefit overpayment is not caused by fraud on the part of the claimant, pursuant to § 60.2-618 or 60.2-632, collection activities shall be suspended and the Commission shall, at the earliest of the following, determine as uncollectable and discharge the benefit overpayment from its records if it remains unpaid (a) after the expiration of five years from the last day of the benefit year, as defined in § 60.2-206, in which the overpayment was made;
(ii) immediately uponday the death of such person;
or (iii) upon such person's discharge in bankruptcy occurring subsequently to the determination of overpayment.
In any other circumstance, the Commission may, for good cause, determine as uncollectible and discharge from its records any benefit overpayment which (a) that remains unpaid after the expiration of seven years from the date such overpayment was determined, or last day of the benefit year, as defined in § 60.2-206, in which the overpayment was made;
or (c) upon his such person's discharge in bankruptcy state has already made reasonable attempts to collect any liabilities to the state unemployment fund, pursuant to rules and regulations promulgated by the Commission, the Commission finds such overpayment to be uncollectible or the recovery of such overpayment to be administratively impracticable.
or (c) upon such person's discharge in bankruptcy occurring subsequently to the determination of overpayment.
In any other circumstance, the Commission may, for good cause, determine as uncollectible and discharge from its records any benefit overpayment which (1) that remains unpaid after the expiration of seven years from the date such overpayment was determined, or last day of the benefit year, as defined in § 60.2-206, in which the overpayment was made;
(2) immediately upon the death of such person;
or (3) upon his such person's discharge in bankruptcy occurring subsequently to the determination of overpayment;
or (4) at any time where, provided the state has already made reasonable attempts to collect any liabilities to the state unemployment fund, pursuant to rules and regulations promulgated by the Commission, the Commission finds such overpayment to be uncollectible or the recovery of such overpayment to be administratively impracticable.
The Virginia Employment Commission shall add to such payment a service charge for the Employment Commission for use of such card.e shall not exceed the percentage charged to the Virginia C.
The Virginia Employment Commission shall add to such payment a service charge for the acceptance of such card.
Such service charge shall not exceed the percentage charged to the Virginia Employment Commission for use of such card.
C.
⬇ Download PDF
View plain text versions (4)

Action History

  1. Acts of Assembly Chapter text (CHAP0591)

  2. Approved by Governor-Chapter 591 (effective 7/1/24)

  3. Governor's Action Deadline 11:59 p.m., April 8, 2024

  4. Enrolled Bill Communicated to Governor on March 11, 2024

  5. Signed by President

  6. Signed by Speaker

  7. Impact statement from DPB (SB382ER)

  8. Bill text as passed Senate and House (SB382ER)

  9. Enrolled

  10. House amendment agreed to by Senate (39-Y 0-N)

  11. VOTE: Passage (94-Y 1-N)

  12. Passed House with amendment (94-Y 1-N)

  13. Engrossed by House as amended

  14. Committee amendment agreed to

  15. Read third time

  16. Read second time

  17. Reported from Appropriations (22-Y 0-N)

  18. Referred to Committee on Appropriations

  19. Reported from Labor and Commerce with amendment(s) (19-Y 2-N)

  20. House committee, floor amendments and substitutes offered

  21. Referred to Committee on Labor and Commerce

  22. Read first time

  23. Placed on Calendar

  24. Read third time and passed Senate (40-Y 0-N)

  25. Impact statement from DPB (SB382E)

  26. Printed as engrossed 24104023D-E

  27. Impact statement from DPB (SB382)

  28. Engrossed by Senate as amended SB382E

  29. Committee amendments agreed to

  30. Reading of amendments waived

  31. Read second time

  32. Constitutional reading dispensed (40-Y 0-N)

  33. Reported from Finance and Appropriations (15-Y 0-N)

  34. Rereferred to Finance and Appropriations

  35. Reported from Commerce and Labor with amendments (14-Y 0-N)

  36. Senate committee, floor amendments and substitutes offered

  37. Referred to Committee on Commerce and Labor

  38. Prefiled and ordered printed; offered 01/10/24 24104023D

Sponsors

Sponsorship breakdown

Export CSV (upgrade) →

1 sponsors · 1 co-sponsors · 146 not signed on · 2 voted No

Sponsors (1)

Co-sponsors (1)

Not signed on (146)

146 members have not signed on to this bill.

Show all 146 →

"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.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

House amendment agreed to by Senate (39-Y 0-N)

Passed 39 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 39001
Total 39001
% of votes cast 98%0%0%3%
How each member voted (40)
Member Party Vote
Aaron R. Rouse — Yea
Angelia Williams Graves — Not Voting
Barbara A. Favola — Yea
Bill DeSteph — Yea
Bryce E. Reeves — Yea
Carroll Foy, Jennifer D. — Yea
Christie New Craig — Yea
Christopher T. Head — Yea
Danica A. Roem — Yea
David R. Suetterlein — Yea
David W. Marsden — Yea
Ebbin, Adam P. — Yea
Emily M. Jordan — Yea
Glen H. Sturtevant, Jr. — Yea
Hashmi, Ghazala F. — Yea
J.D. "Danny" Diggs — Yea
Jennifer B. Boysko — Yea
Jeremy S. McPike — Yea
L. Louise Lucas — Yea
Lamont Bagby — Yea
Lashrecse D. Aird — Yea
Mamie E. Locke — Yea
Mark D. Obenshain — Yea
Mark J. Peake — Yea
McGuire, John J., III — Yea
R. Creigh Deeds — Yea
Richard H. Stuart — Yea
Russet Perry — Yea
Ryan T. McDougle — Yea
Saddam Azlan Salim — Yea
Schuyler T. VanValkenburg — Yea
Scott A. Surovell — Yea
Stella G. Pekarsky — Yea
Subramanyam, Suhas — Yea
T. Travis Hackworth — Yea
Tammy Brankley Mulchi — Yea
Tara A. Durant — Yea
Timmy French — Yea
Todd E. Pillion — Yea
William M. Stanley, Jr. — Yea

Official roll call →

VOTE: Passage (94-Y 1-N)

Passed 93 Yea · 1 Nay · 5 Other
Party YeaNayPresentNot Voting
Unaffiliated 93105
Total 93105
% of votes cast 94%1%0%5%
How each member voted (99)
Member Party Vote
Adele Y. McClure — Yea
Alex Q. Askew — Yea
Alfonso H. Lopez — Yea
Amy J. Laufer — Yea
Anne Ferrell Tata — Yea
Arnold, Jonathan, E. P. — Yea
Atoosa R. Reaser — Yea
Batten, Amanda E. — Yea
Betsy B. Carr — Yea
Bill Wiley — Yea
Bonita G. Anthony — Yea
Briana D. Sewell — Yea
Bulova, David L. — Yea
C.E. Cliff Hayes, Jr. — Yea
Charniele L. Herring — Yea
Chris S. Runion — Not Voting
Convirs-Fowler, Kelly K. — Yea
Cordoza, A.C. — Yea
Coyner, Carrie E. — Yea
Dan I. Helmer — Yea
David A. Reid — Yea
Debra D. Gardner — Yea
Delores L. McQuinn — Yea
Delores Oates — Not Voting
Earley, Mark L., Jr. — Yea
Elizabeth B. Bennett-Parker — Yea
Ellen H. McLaughlin — Yea
Ennis, N. Baxter — Not Voting
Eric Phillips — Yea
Eric R. Zehr — Yea
Fowler, Hyland F."Buddy," Jr. — Yea
Freitas, Nicholas J. — Yea
Gilbert, C. Todd — Yea
Green, W. Chad — Yea
H. Otto Wachsmann, Jr. — Yea
Higgins, Geary — Yea
Holly M. Seibold — Yea
Irene Shin — Not Voting
Israel D. O'Quinn — Yea
Jackie H. Glass — Yea
James A. "Jay" Leftwich — Yea
James W. Morefield — Yea
Jason S. Ballard — Yea
Jeion A. Ward — Yea
Joseph P. McNamara — Yea
Joshua E. Thomas — Yea
Joshua G. Cole — Yea
Kannan Srinivasan — Yea
Karen Keys-Gamarra — Yea
Karrie K. Delaney — Yea
Kathy K.L. Tran — Yea
Katrina Callsen — Yea
Kent, Hillary Pugh — Yea
Knight, Barry D. — Yea
Laura Jane Cohen — Yea
LeVere Bolling, Destiny — Yea
Lovejoy, Ian T. — Yea
Luke E. Torian — Yea
M. Keith Hodges — Yea
Maldonado, Michelle Lopes — Yea
Marcia S. "Cia" Price — Yea
Marcus B. Simon — Yea
Marshall, Daniel W., III — Yea
Marty Martinez — Yea
Michael B. Feggans — Yea
Michael J. Jones — Yea
Michael J. Webert — Yea
Mike A. Cherry — Yea
Milde, Paul V. — Yea
Mundon King, Candi — Yea
Nadarius E. Clark — Yea
Obenshain, Chris — Yea
Orrock, Robert D., Sr. — Yea
Owen, David — Yea
Patrick A. Hope — Yea
Paul E. Krizek — Yea
Phil M. Hernandez — Yea
Phillip A. Scott — Yea
R. Lee Ware — Yea
Rae Cousins — Yea
Richard C. "Rip" Sullivan, Jr. — Yea
Robert S. Bloxom, Jr. — Yea
Rodney T. Willett — Yea
Rozia A. Henson, Jr. — Yea
Sam Rasoul — Yea
Scott A. Wyatt — Yea
Shelly A. Simonds — Yea
Sickles, Mark D. — Yea
Taylor, Kim A. — Yea
Terry G. Kilgore — Yea
Terry L. Austin — Yea
Thomas A. Garrett, Jr. — Yea
Thomas C. Wright, Jr. — Yea
Timothy P. Griffin — Yea
Tony O. Wilt — Yea
Vivian E. Watts — Yea
Wendell S. Walker — Not Voting
Will Davis — Yea
Wren M. Williams — Nay

Official roll call →

Reported from Appropriations (22-Y 0-N)

Passed 22 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 22000
Total 22000
% of votes cast 100%0%0%0%
How each member voted (22)
Member Party Vote
Alex Q. Askew — Yea
Anne Ferrell Tata — Yea
Betsy B. Carr — Yea
Bill Wiley — Yea
Briana D. Sewell — Yea
Bulova, David L. — Yea
C.E. Cliff Hayes, Jr. — Yea
Coyner, Carrie E. — Yea
David A. Reid — Yea
Delores L. McQuinn — Yea
Ellen H. McLaughlin — Yea
James W. Morefield — Yea
Luke E. Torian — Yea
M. Keith Hodges — Yea
Marshall, Daniel W., III — Yea
Paul E. Krizek — Yea
Robert S. Bloxom, Jr. — Yea
Rodney T. Willett — Yea
Sam Rasoul — Yea
Scott A. Wyatt — Yea
Sickles, Mark D. — Yea
Terry L. Austin — Yea

Official roll call →

Reported from Labor and Commerce with amendment(s) (19-Y 2-N)

Passed 19 Yea · 2 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 19201
Total 19201
% of votes cast 86%9%0%5%
How each member voted (22)
Member Party Vote
Alfonso H. Lopez — Yea
Charniele L. Herring — Yea
Chris S. Runion — Not Voting
Convirs-Fowler, Kelly K. — Yea
Dan I. Helmer — Yea
Gilbert, C. Todd — Yea
Irene Shin — Yea
Israel D. O'Quinn — Yea
Jason S. Ballard — Yea
Jeion A. Ward — Yea
Joseph P. McNamara — Yea
LeVere Bolling, Destiny — Yea
Maldonado, Michelle Lopes — Yea
Marshall, Daniel W., III — Yea
Michael B. Feggans — Yea
Michael J. Jones — Yea
Michael J. Webert — Nay
Mundon King, Candi — Yea
Richard C. "Rip" Sullivan, Jr. — Yea
Terry G. Kilgore — Yea
Tony O. Wilt — Yea
Wren M. Williams — Nay

Official roll call →

Read third time and passed Senate (40-Y 0-N)

Passed 40 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 40000
Total 40000
% of votes cast 100%0%0%0%
How each member voted (40)
Member Party Vote
Aaron R. Rouse — Yea
Angelia Williams Graves — Yea
Barbara A. Favola — Yea
Bill DeSteph — Yea
Bryce E. Reeves — Yea
Carroll Foy, Jennifer D. — Yea
Christie New Craig — Yea
Christopher T. Head — Yea
Danica A. Roem — Yea
David R. Suetterlein — Yea
David W. Marsden — Yea
Ebbin, Adam P. — Yea
Emily M. Jordan — Yea
Glen H. Sturtevant, Jr. — Yea
Hashmi, Ghazala F. — Yea
J.D. "Danny" Diggs — Yea
Jennifer B. Boysko — Yea
Jeremy S. McPike — Yea
L. Louise Lucas — Yea
Lamont Bagby — Yea
Lashrecse D. Aird — Yea
Mamie E. Locke — Yea
Mark D. Obenshain — Yea
Mark J. Peake — Yea
McGuire, John J., III — Yea
R. Creigh Deeds — Yea
Richard H. Stuart — Yea
Russet Perry — Yea
Ryan T. McDougle — Yea
Saddam Azlan Salim — Yea
Schuyler T. VanValkenburg — Yea
Scott A. Surovell — Yea
Stella G. Pekarsky — Yea
Subramanyam, Suhas — Yea
T. Travis Hackworth — Yea
Tammy Brankley Mulchi — Yea
Tara A. Durant — Yea
Timmy French — Yea
Todd E. Pillion — Yea
William M. Stanley, Jr. — Yea

Official roll call →

Constitutional reading dispensed (40-Y 0-N)

Passed 40 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 40000
Total 40000
% of votes cast 100%0%0%0%
How each member voted (40)
Member Party Vote
Aaron R. Rouse — Yea
Angelia Williams Graves — Yea
Barbara A. Favola — Yea
Bill DeSteph — Yea
Bryce E. Reeves — Yea
Carroll Foy, Jennifer D. — Yea
Christie New Craig — Yea
Christopher T. Head — Yea
Danica A. Roem — Yea
David R. Suetterlein — Yea
David W. Marsden — Yea
Ebbin, Adam P. — Yea
Emily M. Jordan — Yea
Glen H. Sturtevant, Jr. — Yea
Hashmi, Ghazala F. — Yea
J.D. "Danny" Diggs — Yea
Jennifer B. Boysko — Yea
Jeremy S. McPike — Yea
L. Louise Lucas — Yea
Lamont Bagby — Yea
Lashrecse D. Aird — Yea
Mamie E. Locke — Yea
Mark D. Obenshain — Yea
Mark J. Peake — Yea
McGuire, John J., III — Yea
R. Creigh Deeds — Yea
Richard H. Stuart — Yea
Russet Perry — Yea
Ryan T. McDougle — Yea
Saddam Azlan Salim — Yea
Schuyler T. VanValkenburg — Yea
Scott A. Surovell — Yea
Stella G. Pekarsky — Yea
Subramanyam, Suhas — Yea
T. Travis Hackworth — Yea
Tammy Brankley Mulchi — Yea
Tara A. Durant — Yea
Timmy French — Yea
Todd E. Pillion — Yea
William M. Stanley, Jr. — Yea

Official roll call →

Reported from Finance and Appropriations (15-Y 0-N)

Passed 15 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 15000
Total 15000
% of votes cast 100%0%0%0%
How each member voted (15)
Member Party Vote
Barbara A. Favola — Yea
Bryce E. Reeves — Yea
David W. Marsden — Yea
Ebbin, Adam P. — Yea
Hashmi, Ghazala F. — Yea
Jennifer B. Boysko — Yea
Jeremy S. McPike — Yea
L. Louise Lucas — Yea
Mamie E. Locke — Yea
Mark D. Obenshain — Yea
R. Creigh Deeds — Yea
Richard H. Stuart — Yea
Ryan T. McDougle — Yea
Scott A. Surovell — Yea
Todd E. Pillion — Yea

Official roll call →

Reported from Commerce and Labor with amendments (14-Y 0-N)

Passed 14 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 14001
Total 14001
% of votes cast 93%0%0%7%
How each member voted (15)
Member Party Vote
Aaron R. Rouse — Yea
Bill DeSteph — Yea
Bryce E. Reeves — Yea
David W. Marsden — Yea
Ebbin, Adam P. — Yea
Jeremy S. McPike — Yea
L. Louise Lucas — Yea
Lamont Bagby — Yea
Mamie E. Locke — Not Voting
Mark D. Obenshain — Yea
Mark J. Peake — Yea
R. Creigh Deeds — Yea
Ryan T. McDougle — Yea
Scott A. Surovell — Yea
William M. Stanley, Jr. — Yea

Official roll call →

Subjects

public-safety labor
Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

What does SB 382 do?
Unemployment compensation; collection of overpayments; limitations. Provides that collection activities for an overpayment, provided that such overpayment was not caused by fraud on the part of the claimant, shall be suspended and that the Virginia Employment Commission shall determine as uncollectable and discharge the overpayment if it remains unpaid after the earliest of the following: (i) after the expiration of five years from the last day of the benefit year in which the overpayment was made, (ii) immediately upon the death of the claimant, (iii) upon the claimant's discharge in bankruptcy occurring subsequently to the determination of payment, or (iv) at any time where the Commission finds such overpayment to be uncollectible or the recovery of such overpayment to be administratively impracticable. As introduced, this bill was a recommendation of the Commission on Unemployment Compensation.
Who sponsors SB 382?
SB 382 is sponsored by R. Lee Ware and Adam P. Ebbin.
What is the current status of SB 382?
This bill has been enacted into law. Introduced January 09, 2024. Enacted.
Where can I track SB 382?
Track SB 382 free on One Click Politics — get push/email alerts when it moves.

Make your voice heard on SB 382

Find the representatives who decide this bill and tell them where you stand — for yourself, or mobilize your whole list in one click with One Click Politics advocacy software.

Find my representatives → Run a campaign

Stay ahead of SB 382

Last checked for changes 3 months ago · updated continuously

One Click Politics tracks every bill in Congress and all 50 states.

Track this bill →