1Amending the act of December 5, 1936 (2nd Sp.Sess., 1937
2P.L.2897, No.1), entitled "An act establishing a system of
3unemployment compensation to be administered by the
4Department of Labor and Industry and its existing and newly
5created agencies with personnel (with certain exceptions)
6selected on a civil service basis; requiring employers to
7keep records and make reports, and certain employers to pay
8contributions based on payrolls to provide moneys for the
9payment of compensation to certain unemployed persons;
10providing procedure and administrative details for the
11determination, payment and collection of such contributions
12and the payment of such compensation; providing for
13cooperation with the Federal Government and its agencies;
14creating certain special funds in the custody of the State
15Treasurer; and prescribing penalties," further providing for
16false statements and representations to obtain or increase
17compensation and for violation of act and rules and
18regulations.

19The General Assembly of the Commonwealth of Pennsylvania
20hereby enacts as follows:

21Section 1. Sections 801 and 803 of the act of December 5, 
221936 (2nd Sp.Sess., 1937 P.L.2897, No.1), known as the 
23Unemployment Compensation Law, amended December 9, 2002
24(P.L.1336, No.158) are amended to read:

1Section 801. False Statements and Representations to Obtain
2or Increase Compensation.--(a) Whoever makes a false statement
3or representation knowing it to be false, or knowingly fails to
4disclose a material fact to obtain or increase any compensation
5or other payment under this act or under an employment security
6law of any other state or of the Federal Government or of a
7foreign government, either for himself or for any other person,
8shall upon conviction thereof in a summary proceeding, be
9sentenced to pay a fine of not less than [one] five hundred
10dollars nor more than one thousand five hundred dollars, or
11shall be sentenced to imprisonment for not longer than thirty
12days, or both, and each such false statement or representation
13or failure to disclose a material fact shall constitute a
14separate offense. In addition to any other sanction, an
15individual convicted under this subsection shall be ordered to
16make restitution of the compensation to which the individual was
17not entitled and of interest on that compensation in accordance
18with section 804(a).

19(b) Whoever makes a false statement knowing it to be false,
20or knowingly fails to disclose a material fact to obtain or
21increase any compensation or other payment under this act or
22under an employment security law of any other state or of the
23Federal Government or of a foreign government, may be
24disqualified in addition to such week or weeks of improper
25payments for a penalty period of [two] ten weeks and for not
26more than one additional week for each such week of improper
27payment: Provided, That no additional weeks of disqualification
28shall be imposed under this section if prosecution proceedings
29have been instituted against the claimant because of such
30misrepresentation or non-disclosure. The departmental

1determination imposing penalty weeks under the provisions of
2this subsection shall be subject to appeal in the manner
3provided in this act for appeals from determinations of
4compensation. The penalty weeks herein provided for shall be
5imposed against any weeks with respect to which the claimant
6would otherwise be eligible for compensation[, under the
7provisions of this act, which begin within the four year period
8following the end of the benefit year with respect to which the
9improper payment or payments occurred].

10(c) Whoever makes a false statement knowing it to be false,
11or knowingly fails to disclose a material fact to obtain or
12increase any compensation or other payment under this act or
13under an employment security law of the Federal Government, and
14as a result receives compensation to which he is not entitled,
15shall be liable to pay to the Unemployment Compensation Fund a
16sum equal to fifteen percentum (15%) of the amount of such
17compensation. The sum shall be collectible in the manner
18provided in section 308.1 or 309 for the collection of past due
19contributions and by any other means available under Federal or
20State law. No administrative or legal proceeding for the
21collection of such sum shall be instituted after the expiration
22of twelve years following the end of the benefit year with
23respect to which such sum was paid.

24(d) Subsection (b) shall be applied by substituting fifty-
25two weeks for ten weeks and the prohibition in subsection (b) on
26the imposition of penalty weeks if prosecution proceedings have
27been instituted shall not apply in any of the following
28circumstances:

29(1) An incarcerated individual makes a false statement
30knowing it to be false, or knowingly fails to disclose a

1material fact to obtain or increase any compensation or other
2payment under this act, or under an employment security law of
3the Federal Government for which he is ineligible under section
4401(b) or 402.6.

5(2) An incarcerated individual knowingly provides
6information or other means to another person whereby the other
7person claims compensation in the name of the incarcerated
8individual for which the incarcerated individual is ineligible
9under section 401(d) or 402.6.

10Section 803. Violation of Act and Rules and Regulations.--
11Any person who shall wilfully violate any provision of this act
12or any rule or regulation thereunder, the violation of which is
13made unlawful, or the observance of which is required under the
14terms of this act, and for which a penalty is neither prescribed
15herein nor provided by any other applicable statute, shall, upon
16conviction thereof in a summary proceeding, be sentenced to pay
17a fine of not less than [one] five hundred dollars nor more than
18one thousand five hundred dollars or to imprisonment for not
19longer than thirty days, or both. Each day such violation
20continues shall be deemed to be a separate offense.

21Section 2. This act shall apply as follows:

22(1) The amendment of sections 801(a) and 803 of the act
23shall apply to offenses committed on or after the effective
24date of this section.

25(2) The amendment or addition of section 801(b), (c) and
26(d)(1) of the act shall apply to false statements and
27failures to disclose that occur on or after the effective
28date of this section.

29(3) The addition of section 801(d)(2) of the act shall
30apply to information or other means provided on or after the

1effective date of this section.

2Section 3. This act shall take effect immediately.