H0068B1757A04878 PWK:CMD 03/25/20 #90 A04878
AMENDMENTS TO HOUSE BILL NO. 68
Sponsor: SENATOR BROWNE
Printer's No. 1757
Amend Bill, page 1, line 15, by inserting after "penalties,""
in administration of act, providing for unemployment
compensation benefit notification by employers,
Amend Bill, page 1, line 17, by inserting after "charges"
; and providing for emergency provisions related to COVID-19
Amend Bill, page 1, lines 20 through 22, by striking out all
of said lines and inserting
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 206.1. Unemployment Compensation Benefit
Notification by Employers.--Each employer, whether or not liable
for the payment of contributions under this act, shall provide
notification of the availability of unemployment compensation to
the employer's employes at the time of separation from
employment. The notification shall include, but not be limited
to, the following information:
(1) Availability of unemployment compensation benefits to
workers who are unemployed and who meet the requirements of this
act.
(2) Ability of an employee to file an unemployment
compensation claim in the first week that employment stops or
work hours are reduced.
(3) Availability of assistance or information about an
unemployment compensation claim on the department's publicly
accessible Internet website or by calling a toll-free number
that the employer shall provide.
(4) That the employee will need certain information in order
to file a claim, including:
(i) the employe's full legal name;
(ii) the employe's Social Security number; and
(iii) if not a citizen or resident of the United States,
authorization to work in the United States.
Section 2. Section 302.1(b)(2)(i) and (3)(i) of the act are
amended to read:
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Amend Bill, page 2, lines 28 through 30; page 3, lines 1
through 5; by striking out all of said lines on said pages and
inserting
Section 3. The act is amended by adding an article to read:
ARTICLE XVI
Emergency Provisions Related to COVID-19
Section 1601. Definitions.
The following words and phrases when used in this article
shall have the meanings given to them in this section unless the
context clearly indicates otherwise:
"COVID-19." The novel coronavirus as identified in the
Governor's Proclamation of Disaster Emergency issued on March 6,
2020.
Section 1602. Emergency eligibility rules.
(a) General rule.--The secretary shall waive provisions of
this act to ease eligibility requirements and access to
unemployment compensation for claimants whose unemployment is
related to the COVID-19 outbreak or the efforts of public health
officials to contain and prevent the spread of COVID-19. The
secretary shall only waive provisions of this act if the waiver
is authorized under this section and is permitted under Federal
law.
(b) Waiting period.--The one-week waiting period required
under section 401(e) shall be waived for all claimants for the
duration of a disaster emergency declared by the Governor
because of COVID-19.
(c) Job search and registration requirements.--The job
search and registration requirements under section 401(b) shall
be waived under section 401(b)(6) for all claimants for the
duration of a disaster emergency declared by the Governor
because of COVID-19.
(d) Construction.--This section shall not be construed to
provide unemployment compensation benefits for an individual who
does not meet the definition of unemployed as provided under
section 4(u).
Section 1603. Relief from charges.
(a) General rule.--If the department determines that a
claimant's unemployment is related to the COVID-19 outbreak or
the efforts of public health officials to contain and prevent
the spread of COVID-19, the department shall provide relief from
benefit charges for any employer whose account would otherwise
be charged under section 302. The department shall only provide
relief under this section if permitted under Federal law.
(b) Automatic relief from charges.--Relief under subsection
(a) shall be provided automatically for those claims related to
the COVID-19 outbreak or the efforts of public officials to
contain and prevent the spread of COVID-19. The employer shall
not be required to apply for relief under section 302.1 to
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obtain relief under subsection (a).
(c) Determination of relationship to COVID-19.--The
following shall apply:
(1) For purposes of this section, the employer who is
eligible for relief from charges shall be entitled to relief
from charges for weeks of unemployment occurring during the
duration of a disaster emergency declared by the Governor
which is related to COVID-19 under this section.
(2) For a claim where the department has determined that
the claimant's unemployment is not related to the COVID-19
outbreak or the efforts of public health officials to contain
and prevent the spread of COVID-19, relief from charges under
this section shall be determined in accordance with section
302.1.
(d) Benefit repayment for reimbursable employers.--For any
employer who makes payments in lieu of contribution under this
act, the following shall apply to payments for benefits for
weeks of unemployment occurring during a disaster emergency
declared by the Governor related to COVID-19:
(1) An employer who has elected to pay the solvency fee
under section 213 shall receive automatic relief from charges
in accordance with subsections (b) and (c).
(2) An employer who has not elected to pay the solvency
fee under section 213 shall make payments as follows:
(I) The employer shall repay benefits within 120
days of the date of the statement of account notifying
the employer of the repayment obligation.
(II) The department may extend the 120-day time
period for repayment up to another 60 days upon the
request of an employer who demonstrates financial
hardship.
(III) The department shall offer interest-free
payment plans to an employer who demonstrates financial
hardship.
(IV) No interest on late payments shall accrue or be
charged to employers until January 1, 2021.
Section 1604. Funding of extended unemployment compensation in
response to COVID-19.
(a) Compliance with Federal requirements.-- To the extent
Federal funding is authorized for the administration of the
unemployment compensation program, extended unemployment
compensation, disaster unemployment assistance or any other
unemployment assistance related to COVID-19 made available by
the Federal Government, the secretary is authorized to
administer the assistance. The secretary is authorized to adopt
temporary regulations to ensure Federal compliance in order to
receive funding and the following shall apply:
(1) The temporary regulations shall not be subject to:
(i) Sections 201, 202, 203, 204 and 205 of the act
of July 31, 1968 (P.L.769, No.240), referred to as the
Commonwealth Documents Law.
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(ii) Section 204(b) of the act of October 15, 1980
(P.L.950, No.164), known as the Commonwealth Attorneys
Act.
(iii) The act of June 25, 1982 (P.L.633, No.181),
known as the Regulatory Review Act.
(2) The temporary regulations adopted by the secretary
shall expire 120 days after the expiration date of the
Federal law authorizing the funding.
(a.1) Additional statutory requirements to receive
funding.--If the secretary determines that additional statutory
amendments are needed to receive Federal funding related to
COVID-19 unemployment assistance beyond the expiration date of
the temporary regulations authorized under subsection (a), the
secretary shall include legislative recommendations to the
General Assembly in the monthly report required under subsection
(d).
(b) Sequencing.--The following shall apply to Federal
funding received for administrative purposes:
(1) Upon the availability of Federal funding, money
received from the Federal Government shall be utilized by the
secretary prior to expending any other funds made available
to address COVID-19.
(2) (Reserved).
(c) Authorized use.--The secretary is prohibited from
expending any money made available for administrative purposes
in response to COVID-19 beyond what is necessary to administer
unemployment compensation.
(d) Report.--The following shall apply:
(1) Beginning April 1, 2020, and the first day of each
subsequent month, the secretary shall prepare a report
detailing any permanent statutory changes that must be made
in order for the Commonwealth to comply with Federal
requirements for funding and all spending related to
unemployment compensation in response to COVID-19 the
department has made during the preceding month, including any
funding made available through the Federal Government, the
Governor's disaster proclamation or any other transfers
authorized under this section.
(2) The report under paragraph (1) shall include the
number of applications processed, the number of applications
approved and denied and the total amount expended.
(3) The secretary shall submit the report under
paragraph (1) to the President pro tempore of the Senate, the
Speaker of the House of Representative, the Majority Leader
and Minority Leader of the Senate, the Majority Leader and
Minority Leader of the House of Representatives, the
chairperson and minority chairperson of the Appropriations
Committee of the Senate and the chairperson and minority
chairperson of the Appropriations Committee of the House of
Representatives.
Section 1605. Expiration.
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This article shall expire on January 1, 2021.
Section 4. The amendment of section 302.1(b)(2)(i) and (3)(i)
of the act shall apply to notices issued under section 302.1(b)
(2)(i) and (3)(i) on or after the publication of the notice
under section 5 of this act.
Section 5. The Secretary of Labor and Industry shall transmit
notice to the Legislative Reference Bureau for publication in
the Pennsylvania Bulletin upon completion of modifications to
the delivery system for unemployment compensation benefits
implementing the changes to the filing periods under section 2
of this act.
Amend Bill, page 3, line 6, by striking out "4" and inserting
6
Amend Bill, page 3, line 9, by striking out "Sections 2 and 3
of this act" and inserting
The remainder of this act
Amend Bill, page 3, line 10, by striking out "remainder of
this" and inserting
amendment of section 302.1(b)(2)(i) and (3)(i) of the
Amend Bill, page 3, line 11, by striking out "3" and
inserting
5
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