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| PRIOR PRINTER'S NO. 2514 | PRINTER'S NO. 2518 |
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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| HOUSE BILL |
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| INTRODUCED BY BELFANTI, DiGIROLAMO, GERGELY, SIPTROTH, SOLOBAY, BRENNAN, MURPHY, McGEEHAN, PARKER, GALLOWAY, DEASY, KULA AND HESS, JULY 24, 2009 |
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| AS REPORTED FROM COMMITTEE ON LABOR RELATIONS, AS AMENDED, JULY 28, 2009 |
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| AN ACT |
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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 |
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1 | in this subsection; and |
2 | (2) subject to subsection (d), shall not be competent |
3 | evidence and shall not be used in any action or proceeding in |
4 | any court or other tribunal. |
5 | (b) The department or the board may disclose or authorize |
6 | disclosure of unemployment compensation information only as |
7 | follows: |
8 | (1) To officers and employes of the department and members |
9 | and employes of the board in the administration of this act. |
10 | (2) To a claimant, the last employer of the claimant or a |
11 | base year employer of a claimant, to the extent necessary for |
12 | the proper determination of the claimant's application for |
13 | benefits and claims for compensation. |
14 | (3) To an employer, to the extent necessary for the proper |
15 | determination of the employer's liability for reports and |
16 | payments under this act and the proper administration of the |
17 | employer's account. |
18 | (4) To public employes in the performance of their public |
19 | duties. |
20 | (5) As determined by the department or the board to be |
21 | necessary for the proper administration of the unemployment |
22 | compensation program. |
23 | (6) As permitted by other provisions of this act or as |
24 | required or permitted by Federal law. |
25 | (c) (1) Officers and employes of the department and members |
26 | and employes of the board to whom unemployment compensation |
27 | information is disclosed pursuant to subsection (b)(1) shall not |
28 | disclose the information to any individual or entity or before |
29 | any court or other tribunal, except as authorized by the |
30 | department or the board pursuant to subsection (b). |
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1 | (2) Subject to subsection (d), an individual or entity, |
2 | other than an officer or employe of the department or a member |
3 | or employe of the board, to whom unemployment compensation |
4 | information is disclosed pursuant to subsection (b) or otherwise |
5 | shall not disclose the information to any individual or entity |
6 | or before any court or other tribunal without the prior written |
7 | authorization of the department or the board. This paragraph |
8 | shall apply to the initial individual or entity to whom the |
9 | information is disclosed and subsequent recipients of the |
10 | information. |
11 | (d) Subsections (a)(2) and (c)(2) shall not apply to the |
12 | following: |
13 | (1) A legal proceeding under this act or a statute |
14 | administered or enforced by the Commonwealth. |
15 | (2) Information disclosed to a claimant or employer pursuant |
16 | to subsection (b)(2) or (3). |
17 | (3) Information filed with the unified judicial system by |
18 | the department or the board in the administration of this act. |
19 | (e) An individual or entity to whom unemployment |
20 | compensation information is disclosed pursuant to subsection (b) |
21 | shall implement and maintain all safeguards required by the |
22 | department to protect the confidentiality of the information and |
23 | shall comply with all other terms and conditions specified by |
24 | the department in connection with disclosure of the information. |
25 | (f) An individual or entity that knowingly violates the |
26 | provisions of this subsection shall be guilty of a misdemeanor |
27 | of the third degree punishable by a fine not exceeding two | <-- |
28 | thousand five hundred dollars ($2,500). Each disclosure of |
29 | unemployment compensation information and each employer, employe |
30 | and claimant about whom information is disclosed shall |
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1 | constitute a separate offense. |
2 | (g) (1) An individual or entity that violates the |
3 | provisions of this subsection may be subject to a civil penalty |
4 | in an amount not to exceed two thousand five hundred dollars |
5 | ($2,500). Each disclosure of unemployment compensation |
6 | information and each employer, employe and claimant about whom |
7 | information is disclosed shall be the basis of a separate |
8 | penalty. |
9 | (2) Penalties under paragraph (1) shall be assessed in |
10 | accordance with the procedures prescribed in section 304 of this |
11 | act. An individual or entity assessed a penalty under paragraph |
12 | (1) shall be deemed to be an employer for purposes of the |
13 | enforcement and collection provisions of this act. A penalty |
14 | assessed under paragraph (1) may be collected in the manner |
15 | provided in sections 308.1, 308.2, 308.3 and 309 and any other |
16 | manner provided by this act for the collection of contributions, |
17 | interest and penalties. |
18 | (h) For purposes of this section, "unemployment compensation |
19 | information" means the following: |
20 | (1) information in the possession of the department or the |
21 | board pertaining to the administration of this act that reveals |
22 | the name or any other identifying fact about an employer, |
23 | employe or claimant or that could foreseeably be combined with |
24 | publicly available information to reveal any such particular; or |
25 | (2) information obtained directly or indirectly from the |
26 | department or the board that is included in paragraph (1) while |
27 | in the possession of the department or the board. |
28 | Section 2. This act shall take effect in 60 days. |
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