THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

INTRODUCED BY GROVE, AUMENT, BLOOM, BOYD, R. BROWN, CLYMER, COX, CREIGHTON, CUTLER, DUNBAR, GEIST, GINGRICH, HARRIS, HESS, KAUFFMAN, F. KELLER, KNOWLES, LAWRENCE, MAJOR, MILLARD, MOUL, MURT, PERRY, PICKETT, ROCK, SACCONE, SWANGER AND VULAKOVICH, SEPTEMBER 19, 2011

REFERRED TO COMMITTEE ON LABOR AND INDUSTRY, SEPTEMBER 19, 2011  

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

false statements and representations to obtain or increase

compensation.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  Section 801 of the act of December 5, 1936 (2nd

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

Compensation Law, amended December 9, 2002 (P.L.1336, No.158),

is amended to read:

Section 801.  False Statements and Representations to Obtain

or Increase Compensation.--(a)  Whoever makes a false statement

or representation knowing it to be false, or knowingly fails to

disclose a material fact to obtain or increase any compensation

or other payment under this act or under an employment security

law of any other state or of the Federal Government or of a

foreign government, either for himself or for any other person,

shall upon conviction thereof in a summary proceeding, be

sentenced to pay a fine of not less than one hundred dollars nor

more than one thousand dollars, or shall be sentenced to

imprisonment for not longer than thirty days, or both, and each

such false statement or representation or failure to disclose a

material fact shall constitute a separate offense. In addition

to any other sanction, an individual convicted under this

subsection shall be ordered to make restitution of the

compensation to which the individual was not entitled and of

interest on that compensation in accordance with section 804(a).

(b)  Whoever makes a false statement knowing it to be false,

or knowingly fails to disclose a material fact to obtain or

increase any compensation or other payment under this act or

under an employment security law of any other state or of the

Federal Government or of a foreign government, may be

disqualified in addition to such week or weeks of improper

payments for a penalty period of [two] ten weeks and for not

more than one additional week for each such week of improper

payment[: Provided, That no additional weeks of disqualification

shall be imposed under this section if prosecution proceedings

have been instituted against the claimant because of such

misrepresentation or non-disclosure]. The departmental

determination imposing penalty weeks under the provisions of

this subsection shall be subject to appeal in the manner

provided in this act for appeals from determinations of

compensation. The penalty weeks herein provided for shall be

imposed against any weeks with respect to which the claimant

would otherwise be eligible for compensation, under the

provisions of this act[, which begin within the four year period

following the end of the benefit year with respect to which the

improper payment or payments occurred].

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