THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

INTRODUCED BY QUINN, BENNINGHOFF, BOYD, CLYMER, CREIGHTON, CUTLER, DENLINGER, ELLIS, EVERETT, FAIRCHILD, FLECK, GEIST, GIBBONS, GILLESPIE, GINGRICH, GRELL, GROVE, HENNESSEY, HESS, HUTCHINSON, KAUFFMAN, M. KELLER, MARSHALL, MARSICO, MICOZZIE, MILLER, MOUL, MURT, MUSTIO, PETRI, PHILLIPS, PICKETT, PYLE, REICHLEY, ROHRER, SCAVELLO, SOLOBAY, STERN, STEVENSON, TALLMAN, TRUE, TURZAI, VULAKOVICH AND BEYER, MARCH 9, 2009

REFERRED TO COMMITTEE ON LABOR RELATIONS, MARCH 9, 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," further providing for

qualifications required to secure compensation.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  Section 401(b) of the act of December 5, 1936

(2nd Sp.Sess., 1937 P.L.2897, No.1), known as the Unemployment

Compensation Law, amended July 9, 1976 (P.L.842, No.147), is

amended to read:

Section 401.  Qualifications Required to Secure

Compensation.--Compensation shall be payable to any employe who

is or becomes unemployed, and who--

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[(b)  Has registered for work at, and thereafter continued to

report to an employment office in accordance with such

regulations as the secretary may prescribe, except that the

secretary may by regulation waive or alter either or both of the

requirements of this clause as to individuals attached to

regular jobs and as to such other types of cases or situations

with respect to which he finds that compliance with such

requirements would be oppressive or would be inconsistent with

the purposes of the act: Provided, however, That no such

regulation shall conflict with section four hundred and one (c)

of this act;]

(b)  Is making an active search for suitable employment. For

the purposes of this subsection, the term "active search" shall

mean registration for employment search services offered by

Pennsylvania CareerLink system, posting a resume on the system's

database and applying for positions listed on the system's

database which offer employment and wages similar to those the

claimant had prior to the unemployment and which are within a

sixty (60) mile commuting distance. The secretary may establish

additional criteria to define the term "active search" through

promulgating regulations. The Pennsylvania CareerLink system

will provide documentation, as the secretary deems is

appropriate, to the Pennsylvania Unemployment Compensation

Service Center system so the center can conduct the necessary

cross reference checks.

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Section 2.  This act shall take effect in 60 days.