THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

INTRODUCED BY QUINN, AUMENT, BAKER, BEAR, BENNINGHOFF, BLOOM, BOYD, CLYMER, D. COSTA, COX, CREIGHTON, CUTLER, DELOZIER, DENLINGER, ELLIS, EVANKOVICH, EVERETT, FARRY, FLECK, GABLER, GILLEN, GILLESPIE, GINGRICH, GOODMAN, GRELL, GROVE, HARRIS, HELM, HENNESSEY, KAUFFMAN, M. K. KELLER, KILLION, KNOWLES, KORTZ, LAWRENCE, MAJOR, MASSER, MILLARD, MILLER, MILNE, MIRABITO, MOUL, MURT, OBERLANDER, PEIFER, PERRY, PICKETT, REICHLEY, ROAE, SAYLOR, SCAVELLO, CULVER, SCHRODER, SIMMONS, SONNEY, STEPHENS, STEVENSON, SWANGER, TALLMAN, TOEPEL, TOOHIL AND VULAKOVICH, APRIL 25, 2011

REFERRED TO COMMITTEE ON LABOR AND INDUSTRY, APRIL 25, 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

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)  (1)  Is making an active search for suitable

employment. The requirements for what constitutes an active

search for suitable employment shall be established by the

department. For purposes of this subsection, a claimant has made

an active search for suitable employment if the claimant has:

(i)  Registered for the employment search services offered by

the PA CareerLink system within thirty (30) days after the

claimant's initial application for benefits;

(ii)  Posted a resume on the database of the PA CareerLink

system, unless the claimant is seeking work in an employment

sector in which resumes are not commonly used;

(iii)  Applied for positions that:

(A)  Offer employment and wages similar to those the claimant

had prior to the claimant's unemployment.

(B)  Are within a forty-five (45) minute commuting distance.

(2)  The PA CareerLink system shall provide documentation, as

the secretary deems appropriate, to the Pennsylvania

Unemployment Compensation Service Center system so the system

can conduct the necessary cross reference checks.

(3)  For purposes of paragraph (1), the department may

determine that a claimant has made an active search for suitable

employment if the claimant's efforts include actions comparable

to those traditional actions in their trade or occupation by

which jobs have been found by others in the community and labor

market in which the claimant is seeking employment.

(4)  The requirements of this subsection do not apply to a

week in which the claimant is in training approved under section

236(a)(1) of the Trade Act of 1974 (Public Law 93-618, 88 Stat.

1978) or any week in which the claimant is required to

participate in reemployment services under section 402(j).

(5)  The requirements of this subsection shall not apply to a

claimant who is laid off for lack of work and advised by the

employer of the date on which the claimant will return to work.

(6)  The secretary may waive or alter the requirements of

this subsection in cases or situations in which the secretary

finds that compliance with such requirements would be oppressive

or would be inconsistent with the purposes of this act.

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