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

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).

(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. Each disclosure of unemployment

compensation information and each employer, employe and claimant

about whom information is disclosed shall 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.