Sunday, October 12, 2008
The General Assembly is not in session.
Tracking Virginia’s General Assembly
since 2007.
HJ51: Unemployment compensation benefits; Commission on Unemployment Compensation to study.
WHEREAS, several states have enacted provisions that limit unemployment compensation benefits based on seasonal work to unemployment occurring during the operating period of the seasonal industry; and
WHEREAS, from 1968 until the provision was repealed in 1978, Virginia's unemployment compensation laws provided that seasonal workers were ineligible for benefits except for unemployment occurring during the operating season determined for their base period seasonal employer; and
WHEREAS, §§ 60.2-615 and 60.2-616 continue to limit the eligibility for unemployment benefits for two types of seasonal employment, namely educational institutions and professional athletics; and
WHEREAS, under current Virginia law, there are no restrictions with respect to the calendar dates when benefits may be claimed and paid, provided all qualifying and eligibility requirements are met; and
WHEREAS, the current law has been interpreted to provide that a person employed for a seasonal job that will end on a specified date is not ineligible for unemployment compensation benefits from that employment when the term of the job ends, even if the employee is informed and understands at the commencement of employment that the job will end on a fixed date; and
WHEREAS, the current law, by making a claimant's last 30-day employer chargeable for unemployment compensation benefits received by a former employee, may discourage the hiring of employees for seasonal or temporary employment; now, therefore, be it
RESOLVED by the House of Delegates, the Senate concurring, That the Commission on Unemployment Compensation be directed to study the need for limitations on the eligibility of seasonal or temporary employees for unemployment compensation benefits. In its study, the Commission shall examine the impact on employers, employees, and the solvency of the unemployment trust fund of reinstituting a seasonality provision in the Commonwealth's unemployment compensation laws, and whether a seasonality provision should be limited to specific categories of employment.
The Office of the Clerk of the [ Senate House of
Delegates ] shall provide administrative staff support. The Division of
Legislative Services shall provide legal, research, policy analysis, and other
services as requested by the Commission on Unemployment Compensation. Technical
assistance shall be provided to the Commission on Unemployment Compensation by
the Virginia Employment Commission. All agencies of the Commonwealth shall
provide assistance to the Commission on Unemployment Compensation for this
study, upon request.
The Commission on Unemployment Compensation shall complete its meetings by November 30, 2008, and the chairman shall submit to the Division of Legislative Automated Systems an executive summary of its findings and recommendations no later than the first day of the 2009 Regular Session of the General Assembly. The executive summary shall state whether the Commission on Unemployment Compensation intends to submit to the General Assembly and the Governor a report of its findings and recommendations for publication as a House or Senate document. The executive summary and report shall be submitted as provided in the procedures of the Division of Legislative Automated Systems for the processing of legislative documents and reports and shall be posted on the General Assembly's website.
WHEREAS, several states have enacted provisions that limit unemployment compensation benefits based on seasonal work to unemployment occurring during the operating period of the seasonal industry; and
WHEREAS, from 1968 until the provision was repealed in 1978, Virginia's unemployment compensation laws provided that seasonal workers were ineligible for benefits except for unemployment occurring during the operating season determined for their base period seasonal employer; and
WHEREAS, Virginia Code sections 60.2-615 and 60.2-616 continue to limit the eligibility for unemployment benefits for two types of seasonal employment, namely educational institutions and professional athletics; and
WHEREAS, under current Virginia law, there are no restrictions with respect to the calendar dates when benefits may be claimed and paid, provided all qualifying and eligibility requirements are met; and
WHEREAS, the current law has been interpreted to provide that a person employed for a seasonal job that will end on a specified date is not ineligible for unemployment compensation benefits from that employment when the term of the job ends, even if the employee is informed and understands at the commencement of employment that the job will end on a fixed date; and
WHEREAS, the current law, by making a claimant's last 30-day employer chargeable for unemployment compensation benefits received by a former employee, may discourage the hiring of employees for seasonal or temporary employment; now, therefore, be it
RESOLVED by the House of Delegates, the Senate concurring, That the Commission on Unemployment Compensation be directed to study the need for limitations on the eligibility of seasonal or temporary employees for unemployment compensation benefits. In its study, the Commission shall examine the impact on employers, employees, and the solvency of the unemployment trust fund of reinstituting a seasonality provision in the Commonwealth's unemployment compensation laws, and whether a seasonality provision should be limited to specific categories of employment.
The Office of the Clerk of the Senate shall provide administrative staff support. The Division of Legislative Services shall provide legal, research, policy analysis, and other services as requested by the Commission on Unemployment Compensation. Technical assistance shall be provided to the Commission on Unemployment Compensation by the Virginia Employment Commission. All agencies of the Commonwealth shall provide assistance to the Commission on Unemployment Compensation for this study, upon request.
The Commission on Unemployment Compensation shall complete its meetings by November 30, 2008, and the chairman shall submit to the Division of Legislative Automated Systems an executive summary of its findings and recommendations no later than the first day of the 2009 Regular Session of the General Assembly. The executive summary shall state whether the Commission on Unemployment Compensation intends to submit to the General Assembly and the Governor a report of its findings and recommendations for publication as a House or Senate document. The executive summary and report shall be submitted as provided in the procedures of the Division of Legislative Automated Systems for the processing of legislative documents and reports and shall be posted on the General Assembly's website.
Additional Data
Explanation
This is the actual text of the bill — the legislation itself. Generally this is amending existing law, proposing the addition or removal of words from laws that are already on the books.
Words that are highlighted in yellow are
proposed additions, and words that are crossed out in
red are proposed removals.
The numbers with the § symbol before them are references to existing laws, and if you click on them they’ll take you to that part of the law on the state's website.