HOUSE AMENDED
PRIOR PRINTER'S NO. 1461
PRINTER'S NO. 1684
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
1109
Session of
2024
INTRODUCED BY BROOKS, ROBINSON, MILLER, LAUGHLIN AND BROWN,
MARCH 28, 2024
AS REPORTED FROM COMMITTEE ON LABOR AND INDUSTRY, HOUSE OF
REPRESENTATIVES, AS AMENDED, JUNE 5, 2024
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," in compensation,
further providing for ineligibility for compensation; AND, IN
PENALTY PROVISIONS, FURTHER PROVIDING FOR FALSE STATEMENTS
AND REPRESENTATIONS TO PREVENT OR REDUCE COMPENSATION AND
OTHER OFFENSES.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 402(a) of the act of December 5, 1936
(2nd Sp.Sess., 1937 P.L.2897, No.1), known as the Unemployment
Compensation Law, is amended to read:
Section 402. Ineligibility for Compensation.--An employe
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shall be ineligible for compensation for any week--
(a) In which his unemployment is due to failure, without
good cause, either to apply for suitable work at such time and
in such manner as the department may prescribe, or to accept
suitable work when offered to him by the employment office or by
any employer, irrespective of whether or not such work is in
"employment" as defined in this act: Provided, That such
employer notifies the employment office of such offer within
seven (7) days after the making thereof; however this subsection
shall not cause a disqualification of a waiting week or benefits
under the following circumstances: when work is offered by his
employer and he is not required to accept the offer pursuant to
the terms of the labor-management contract or agreement, or
pursuant to an established employer plan, program or policy:
Provided further, That a claimant shall not be disqualified for
refusing suitable work when he is in training approved under
section 236(a)(1) of the Trade Act of 1974[.]: Provided further,
that the following apply:
(1) A claimant shall make a good faith effort to obtain
employment in suitable work. A claimant who has applied for a
position may not take any action to INTENTIONALLY TAKE ANY
ACTION TO DELIBERATELY AND unreasonably discourage the
claimant's own hire in suitable work , including any of the
following:
(i) Refusing to attend or failing to participate , without
good cause, in a job interview or other applicant selection
activity offered by the employer FOR WORK THAT IS SUITABLE FOR
THE CLAIMANT .
(ii) Refusing employment, or a referral for SUITABLE
EMPLOYMENT, OR A REFERRAL FOR SUITABLE employment, without good
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cause, prior to an interview or a discussion of the details of a
job with the employer.
(2) Within ninety (90) days of the effective date of this
clause, the department shall create forms or update existing
forms to enable employers to report claimants who discourage
their own hire, as provided in this subsection. The forms shall
include notice of the provisions of section 802 of this act.
(3) A claimant who unreasonably AND INTENTIONALLY
discourages the claimant's own hire in suitable work shall be
considered to have refused an offer of SUITABLE work for
purposes of this subsection.
* * *
Section 2. This act shall take effect immediately.
SECTION 2. SECTION 802(A)(4) AND (5) OF THE ACT ARE AMENDED
AND THE SUBSECTION IS AMENDED BY ADDING A PARAGRAPH TO READ:
SECTION 802. FALSE STATEMENTS AND REPRESENTATIONS TO PREVENT
OR REDUCE COMPENSATION; OTHER OFFENSES.--(A) ANY EMPLOYER
(WHETHER OR NOT LIABLE FOR THE PAYMENT OF CONTRIBUTIONS UNDER
THIS ACT) OR ANY OFFICER OR AGENT OF SUCH EMPLOYER OR ANY OTHER
PERSON WHO DOES ANY OF THE FOLLOWING COMMITS A SUMMARY OFFENSE
AND SHALL, UPON CONVICTION, BE SENTENCED TO PAY A FINE OF NOT
LESS THAN FIVE HUNDRED DOLLARS NOR MORE THAN ONE THOUSAND FIVE
HUNDRED DOLLARS OR TO IMPRISONMENT FOR NOT LONGER THAN THIRTY
DAYS, OR BOTH:
* * *
(4) WILFULLY FAILS OR REFUSES TO FURNISH ANY REPORT REQUIRED
BY SECTION 304 OR 315 OF THIS ACT OR ANY OTHER PROVISION OF THIS
ACT OR THE RULES OR REGULATIONS OF THE DEPARTMENT; [OR]
(5) WILFULLY REPORTS OR ATTEMPTS TO REPORT THE WAGES OF ONE
OR MORE EMPLOYES TO THE DEPARTMENT ON AN UNEMPLOYMENT
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COMPENSATION ACCOUNT OTHER THAN THE ACCOUNT OF THE EMPLOYER
UNDER THIS ACT; [OR]
(5.1) WILFULLY MAKES A FALSE STATEMENT OR REPRESENTATION
KNOWING IT TO BE FALSE WHEN REPORTING TO THE DEPARTMENT THAT A
CLAIMANT HAS DISCOURAGED THE CLAIMANT'S OWN HIRE UNDER SECTION
402(A) OF THIS ACT; OR
* * *
SECTION 3. THIS ACT SHALL TAKE EFFECT IN 90 DAYS.
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