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 
16records of and reports by employers, <-for ineligibility of 
17incarcerated employee, for certain agreements void and 
18penalty, for false statements and representations to obtain
19or increase compensation, for false statements and 
20representations to prevent or reduce compensation and other 
21offenses and for violation of act and rules and regulations.

22The General Assembly of the Commonwealth of Pennsylvania
23hereby enacts as follows:

24Section 1. Section 206 of the act of December 5, 1936 (2nd 
25Sp.Sess., 1937 P.L.2897, No.1), known as the Unemployment 

1Compensation Law, amended July 21, 1983 (P.L.68, No.30) and 
2November 17, 1995 (P.L.615, No.64), is amended to read:

3Section 206. Records of and Reports by Employers.--(a) Each
4employer (whether or not liable for the payment of contributions
5under this act) shall keep accurate employment records
6containing such information, as may be prescribed by the rules
7and regulations adopted by the department. Such records shall be
8open to inspection by the department and its agents at any
9reasonable time, and as often as may be deemed necessary, but
10employers need not retain such records more than four (4) years
11after contributions relating to such records have been paid. The
12department may require from such employers such reports as it
13deems necessary, which shall be sworn to, if required by the
14department.

15(b) Information thus obtained shall not be made public or be
16open to public inspection, other than to the members of the
17board, the officers and employes of the department and other
18public employes in the performance of their public duties, but
19any employe or employer at a hearing on an appeal shall, upon
20request, be supplied with information from such records to the
21extent necessary for the proper presentation and consideration
22of the appeal.

23(c) Any officer or employe of the department or the board,
24or any other public employe, who shall violate any of the
25provisions of this section shall, upon conviction thereof in a
26summary proceeding, be sentenced to pay a fine of not less than
27[twenty dollars ($20)] one hundred dollars ($100) nor more than
28[two hundred dollars ($200)] three hundred dollars ($300) and in
29default of the payment of such fine and cost of prosecution
30shall be sentenced to imprisonment for not longer than thirty

1(30) days.

2(d) Any employer who has been determined by the department 
3to be subject to the reporting provisions of this act and has 
4been so notified, and who neglects or refuses to file or to 
5complete in such manner as the department may prescribe either 
6the periodic report required by the department to establish the 
7amount of such contributions or the periodic report required by 
8the department showing the amount of wages paid to each employe, 
9or both, on or before the date such reports are required to be 
10filed, shall pay a penalty of [ten per centum (10%)] fifteen per 
11centum (15%) of the total amount of contributions paid or 
12payable by the employer or employe as the case may be for the 
13period: Provided, That such penalty shall be not less than 
14[twenty-five dollars ($25)] one hundred twenty-five dollars 
15($125) or more than [two hundred and fifty dollars ($250)] four 
16hundred fifty dollars ($450). Such penalty shall apply to the 
17reports for each period with respect to which such reports are 
18required to be filed: Provided, That such penalty shall not 
19apply to reports for any period with respect to which the last 
20day for filing such reports is prior to a date on which the 
21department has notified the employer that he has been determined 
22an employer subject to the reporting provisions of this act, 
23unless the reports for such prior periods are not filed within 
24thirty (30) days after the employer has been so notified. The 
25penalties provided by this section shall be in addition to all 
26other penalties provided for in this act.

<-27Section 1.1. Section 402.6 of the act, amended December 9,
282002 (P.L.1330, No.156), is amended to read:

29Section 402.6. Ineligibility of Incarcerated Employe.--(a) 
30An employe shall not be eligible for payment of unemployment

1compensation benefits for any weeks of unemployment during which
2the employe is incarcerated after a conviction.

3(b) The department shall utilize any reasonable means
4determined necessary by the secretary to identify and prevent
5the payment of benefits to incarcerated individuals who are
6disqualified under this section. At a minimum, the means shall
7include a cross-check of county prison inmate records with
8records kept by the department of current benefit recipients. An
9expense incurred under this subsection is hereby declared to be
10an administrative expense to be paid from the Administrative
11Fund.

12Section 2. Section 701 of the act is amended to read:

13Section 701. Certain Agreements Void; Penalty.--No agreement 
14by an employe to waive, release, or commute his rights to 
15compensation, or any other rights under this act, shall be 
16valid. No agreement by an employe or by employes to pay all or 
17any portion of an employer's contributions, required under this 
18act from such employer, shall be valid. No employer shall, 
19directly or indirectly, make or require or accept any deduction 
20from the remuneration of individuals in his employ to finance 
21contributions required from him under this act, or require or 
22accept any waiver by an employe of any right hereunder. Any 
23employer or officer or agent of an employer who violates any 
24provision of this section shall be guilty of a misdemeanor, and, 
25upon conviction thereof, shall be sentenced for each offense to 
26pay a fine of not less than [one hundred dollars] five hundred 
27dollars nor more than [one thousand dollars] one thousand five 
28hundred dollars, or be imprisoned for not more than six months, 
29or both.

30Section 3. Section 801 of the act, amended December 9, 2002

1(P.L.1336, No.158), is amended to read:

2Section 801. False Statements and Representations to Obtain
3or Increase Compensation.--(a) Whoever makes a false statement
4or representation knowing it to be false, or knowingly fails to
5disclose a material fact to obtain or increase any compensation
6or other payment under this act or under an employment security
7law of any other state or of the Federal Government or of a
8foreign government, either for himself or for any other person,
9shall upon conviction thereof in a summary proceeding, be
10sentenced to pay a fine of not less than [one] five hundred
11dollars nor more than one thousand five hundred dollars, or
12shall be sentenced to imprisonment for not longer than thirty
13days, or both, and each such false statement or representation
14or failure to disclose a material fact shall constitute a
15separate offense. In addition to any other sanction, an
16individual convicted under this subsection shall be ordered to
17make restitution of the compensation to which the individual was
18not entitled and of interest on that compensation in accordance
19with section 804(a).

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

1misrepresentation or non-disclosure. The departmental
2determination imposing penalty weeks under the provisions of
3this subsection shall be subject to appeal in the manner
4provided in this act for appeals from determinations of
5compensation. The penalty weeks herein provided for shall be
6imposed against any weeks with respect to which the claimant
7would otherwise be eligible for compensation[, under the
8provisions of this act, which begin within the four year period
9following the end of the benefit year with respect to which the
10improper payment or payments occurred].

11(c) Whoever makes a false statement knowing it to be false,
12or knowingly fails to disclose a material fact to obtain or
13increase any compensation or other payment under this act or
14under an employment security law of the Federal Government, and
15as a result receives compensation to which he is not entitled,
16shall be liable to pay to the Unemployment Compensation Fund a
17sum equal to fifteen percentum (15%) of the amount of such
18compensation. The sum shall be collectible in the manner
19provided in section 308.1 or 309 for the collection of past due
20contributions and by any other means available under Federal or
21State law. No administrative or legal proceeding for the
22collection of such sum shall be instituted after the expiration
23of twelve years following the end of the benefit year with
24respect to which such sum was paid.

25(d) Subsection (b) shall be applied by substituting fifty-
26two weeks for ten weeks and the prohibition in subsection (b) on
27the imposition of penalty weeks if prosecution proceedings have
28been instituted shall not apply in any of the following
29circumstances:

30(1) An incarcerated individual makes a false statement

1knowing it to be false, or knowingly fails to disclose a
2material fact to obtain or increase any compensation or other
3payment under this act, or under an employment security law of
4the Federal Government for which he is ineligible under section
5401(b) or 402.6.

6(2) An incarcerated individual knowingly provides
7information or other means to another person whereby the other
8person claims compensation in the name of the incarcerated
9individual for which the incarcerated individual is ineligible
10under section 401(d) or 402.6.

11Section 4. Section 802(a) of the act, amended June 15, 2005
12(P.L.8, No.5), is amended to read:

13Section 802. False Statements and Representations to Prevent
14or Reduce Compensation; Other Offenses.--(a) Any employer
15(whether or not liable for the payment of contributions under
16this act) or any officer or agent of such employer or any other
17person who does any of the following commits a summary offense
18and shall, upon conviction, be sentenced to pay a fine of not
19less than [one] five hundred dollars nor more than fifteen
20hundred dollars or to imprisonment for not longer than thirty
21days, or both:

22(1) makes a false statement or representation knowing it to
23be false, or who knowingly fails to disclose a material fact to
24prevent or reduce the payment of compensation to any employe
25entitled thereto, or to avoid becoming or remaining subject
26hereto, or to avoid or reduce any contribution or other payment
27required from an employer under this act;

28(2) wilfully fails or refuses to make any such contribution
29or other payment required hereunder;

30(3) wilfully fails or refuses to produce or permit the

1inspection or copying of records as required hereunder;

2(4) wilfully fails or refuses to furnish any report required
3by section 304 or 315 of this act or any other provision of this
4act or the rules or regulations of the department; or

5(5) wilfully reports or attempts to report the wages of one
6or more employes to the department on an unemployment
7compensation account other than the account of the employer
8under this act; or

9(6) wilfully advises, solicits, encourages or commands an
10employer or an officer or agent of an employer or any other
11person to engage in an act or omission that is an offense under
12this section.

13* * *

14Section 5. Section 803 of the act, amended December 9, 2002
15(P.L.1336, No.158), is amended to read:

16Section 803. Violation of Act and Rules and Regulations.--
17Any person who shall wilfully violate any provision of this act
18or any rule or regulation thereunder, the violation of which is
19made unlawful, or the observance of which is required under the
20terms of this act, and for which a penalty is neither prescribed
21herein nor provided by any other applicable statute, shall, upon
22conviction thereof in a summary proceeding, be sentenced to pay
23a fine of not less than [one] five hundred dollars nor more than
24one thousand five hundred dollars or to imprisonment for not
25longer than thirty days, or both. Each day such violation
26continues shall be deemed to be a separate offense.

27Section 6. This act shall apply as follows:

28(1) The amendment of sections 206(c), 701, 801(a), 
29802(a) and 803 of the act shall apply to offenses committed
30on or after the effective date of this section.

1(2) The amendment of section 206(d) of the act shall
2apply to reports required on or after the effective date of
3this section.

4(3) The amendment or addition of section 801(b), (c) and
5(d)(1) of the act shall apply to false statements and
6failures to disclose that occur on or after the effective
7date of this section.

8(4) The addition of section 801(d)(2) of the act shall
9apply to information or other means provided on or after the
10effective date of this section.

11Section 7. This act shall take effect immediately.