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