Bill Text: PA HB1900 | 2009-2010 | Regular Session | Amended

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Bill Title: Providing for confidentiality of information.

Spectrum: Moderate Partisan Bill (Democrat 19-4)

Status: (Introduced - Dead) 2009-09-11 - Re-committed to APPROPRIATIONS [HB1900 Detail]

Download: Pennsylvania-2009-HB1900-Amended.html

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PRIOR PRINTER'S NO. 2514 PRINTER'S NO. 2518
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 1900 Session of2009
INTRODUCED BY BELFANTI, DiGIROLAMO, GERGELY, SIPTROTH, SOLOBAY, BRENNAN, MURPHY, McGEEHAN, PARKER, GALLOWAY, DEASY, KULA AND HESS, JULY 24, 2009
AS REPORTED FROM COMMITTEE ON LABOR RELATIONS, AS AMENDED, JULY 28, 2009
AN ACT
Amending the act of December 5, 1936 (2nd Sp.Sess., 1937
P.L.2897, No.1), entitled "An act establishing a system of
unemployment compensation to be administered by the
Department of Labor and Industry and its existing and newly
created agencies with personnel (with certain exceptions)
selected on a civil service basis; requiring employers to
keep records and make reports, and certain employers to pay
contributions based on payrolls to provide moneys for the
payment of compensation to certain unemployed persons;
providing procedure and administrative details for the
determination, payment and collection of such contributions
and the payment of such compensation; providing for
cooperation with the Federal Government and its agencies;
creating certain special funds in the custody of the State
Treasurer; and prescribing penalties," providing for
confidentiality of information.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. The act of December 5, 1936 (2nd Sp.Sess., 1937
P.L.2897, No.1), known as the Unemployment Compensation Law, is
amended by adding a section to read:
Section 215. Confidentiality of Information.--(a)
Unemployment compensation information:
(1) is confidential and may be disclosed only as permitted
in this subsection; and
(2) subject to subsection (d), shall not be competent
evidence and shall not be used in any action or proceeding in
any court or other tribunal.
(b) The department or the board may disclose or authorize
disclosure of unemployment compensation information only as
follows:
(1) To officers and employes of the department and members
and employes of the board in the administration of this act.
(2) To a claimant, the last employer of the claimant or a
base year employer of a claimant, to the extent necessary for
the proper determination of the claimant's application for
benefits and claims for compensation.
(3) To an employer, to the extent necessary for the proper
determination of the employer's liability for reports and
payments under this act and the proper administration of the
employer's account.
(4) To public employes in the performance of their public
duties.
(5) As determined by the department or the board to be
necessary for the proper administration of the unemployment
compensation program.
(6) As permitted by other provisions of this act or as
required or permitted by Federal law.
(c) (1) Officers and employes of the department and members
and employes of the board to whom unemployment compensation
information is disclosed pursuant to subsection (b)(1) shall not
disclose the information to any individual or entity or before
any court or other tribunal, except as authorized by the
department or the board pursuant to subsection (b).
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(2) Subject to subsection (d), an individual or entity,
other than an officer or employe of the department or a member
or employe of the board, to whom unemployment compensation
information is disclosed pursuant to subsection (b) or otherwise
shall not disclose the information to any individual or entity
or before any court or other tribunal without the prior written
authorization of the department or the board. This paragraph
shall apply to the initial individual or entity to whom the
information is disclosed and subsequent recipients of the
information.
(d) Subsections (a)(2) and (c)(2) shall not apply to the
following:
(1) A legal proceeding under this act or a statute
administered or enforced by the Commonwealth.
(2) Information disclosed to a claimant or employer pursuant
to subsection (b)(2) or (3).
(3) Information filed with the unified judicial system by
the department or the board in the administration of this act.
(e) An individual or entity to whom unemployment
compensation information is disclosed pursuant to subsection (b)
shall implement and maintain all safeguards required by the
department to protect the confidentiality of the information and
shall comply with all other terms and conditions specified by
the department in connection with disclosure of the information.
(f) An individual or entity that knowingly violates the
provisions of this subsection shall be guilty of a misdemeanor
of the third degree punishable by a fine not exceeding two <--
thousand five hundred dollars ($2,500). Each disclosure of
unemployment compensation information and each employer, employe
and claimant about whom information is disclosed shall
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constitute a separate offense.
(g) (1) An individual or entity that violates the
provisions of this subsection may be subject to a civil penalty
in an amount not to exceed two thousand five hundred dollars
($2,500). Each disclosure of unemployment compensation
information and each employer, employe and claimant about whom
information is disclosed shall be the basis of a separate
penalty.
(2) Penalties under paragraph (1) shall be assessed in
accordance with the procedures prescribed in section 304 of this
act. An individual or entity assessed a penalty under paragraph
(1) shall be deemed to be an employer for purposes of the
enforcement and collection provisions of this act. A penalty
assessed under paragraph (1) may be collected in the manner
provided in sections 308.1, 308.2, 308.3 and 309 and any other
manner provided by this act for the collection of contributions,
interest and penalties.
(h) For purposes of this section, "unemployment compensation
information" means the following:
(1) information in the possession of the department or the
board pertaining to the administration of this act that reveals
the name or any other identifying fact about an employer,
employe or claimant or that could foreseeably be combined with
publicly available information to reveal any such particular; or
(2) information obtained directly or indirectly from the
department or the board that is included in paragraph (1) while
in the possession of the department or the board.
Section 2. This act shall take effect in 60 days.
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