Unemployment compensation; noncharging of overpayments, penalty for fraudulent claims. (SB775)

Introduced By

Sen. John Watkins (R-Midlothian)


Passed Committee
Passed House
Passed Senate
Signed by Governor
Became Law


Unemployment compensation; noncharging of overpayments; penalty for fraudulent claims. Provides that an employer shall not be relieved from a claimant's benefit charges relating to an overpayment of unemployment benefits when (i) the overpayment results from the employer's failure to respond timely or adequately to a request for information and (ii) the employer has established a pattern of failing to respond timely or adequately to such requests. A similar requirement is established for reimbursable employing units. A pattern of failing to respond timely or adequately to such requests exists if an employer fails to respond adequately to a request for information four times in a four-year period. After the first three such failures, the Virginia Employment Commission (VEC) is required to give the employer a notice, and is required to assess a $75 civil penalty for a third failure. The VEC is required to monitor the implementation of this provision and report its findings periodically to the Commission on Unemployment Compensation. The measure also provides that any person who is disqualified for unemployment benefits as a result of a fraudulent act or omission shall be assessed a penalty of 15 percent of the amount of any unemployment benefits received for which he was not entitled. Finally, the measure allows benefit overpayments and penalties to be recovered through offsets and eliminates the provision that makes individuals who have obtained benefits as the result of fraud ineligible for benefits until such benefits have been repaid. The enactment of a noncharging provision and a fraud penalty are required pursuant to the federal Trade Adjustment Assistance Extension Act of 2011. The measure is a recommendation of the Commission on Unemployment Compensation. Read the Bill »


Bill Has Passed


12/18/2012Prefiled and ordered printed; offered 01/09/13 13100415D
12/18/2012Referred to Committee on Commerce and Labor
01/14/2013Reported from Commerce and Labor (14-Y 0-N) (see vote tally)
01/16/2013Constitutional reading dispensed (40-Y 0-N) (see vote tally)
01/17/2013Read second time and engrossed
01/18/2013Read third time and passed Senate (38-Y 0-N) (see vote tally)
01/25/2013Placed on Calendar
01/25/2013Read first time
01/25/2013Referred to Committee on Commerce and Labor
01/28/2013Impact statement from DPB (SB775)
02/07/2013Reported from Commerce and Labor (20-Y 0-N) (see vote tally)
02/11/2013Read second time
02/12/2013Read third time
02/12/2013Passed House BLOCK VOTE (100-Y 0-N)
02/12/2013VOTE: BLOCK VOTE PASSAGE (100-Y 0-N) (see vote tally)
02/15/2013Bill text as passed Senate and House (SB775ER)
02/15/2013Signed by Speaker
02/18/2013Signed by President
02/21/2013Impact statement from DPB (SB775ER)
03/13/2013Governor's recommendation received by Senate
04/02/2013Placed on Calendar
04/03/2013G Approved by Governor-Chapter 771 (effective 7/1/13)
04/03/2013Senate concurred in Governor's recommendation (40-Y 0-N) (see vote tally)
04/03/2013House concurred in Governor's recommendation (93-Y 0-N)
04/03/2013VOTE: ADOPTION (93-Y 0-N) (see vote tally)
04/03/2013G Governor's recommendation adopted
04/03/2013Reenrolled bill text (SB775ER2)
04/03/2013Signed by President as reenrolled
04/03/2013Signed by Speaker as reenrolled
04/03/2013Enacted, Chapter 771 (effective 7/1/13)
04/03/2013G Acts of Assembly Chapter text (CHAP0771)


This bill was discussed on the floor of the General Assembly. Below is all of the video that we have of that discussion, 1 clip in all, totaling 1 minute.