Regular Session 2019-2020 House Bill 0068 P.N. 3499

SENATE AMENDED

PRIOR PRINTER'S NOS. 72, 1454, 1757

PRINTER'S NO. 3499

THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

No.

Session of

2019

INTRODUCED BY RYAN, GROVE, MACKENZIE, PICKETT, KEEFER, COX AND

T. DAVIS, JANUARY 28, 2019

SENATOR BROWNE, APPROPRIATIONS, IN SENATE, RE-REPORTED AS

AMENDED, MARCH 25, 2020

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," IN ADMINISTRATION OF

ACT, PROVIDING FOR UNEMPLOYMENT COMPENSATION BENEFIT

NOTIFICATION BY EMPLOYERS; in contributions by employers and

employees, further providing for relief from charges; AND

PROVIDING FOR EMERGENCY PROVISIONS RELATED TO COVID-19.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1. Section 302.1(b)(2)(i) and (3)(i) of the act of

December 5, 1936 (2nd Sp.Sess., 1937 P.L.2897, No.1), known as

the Unemployment Compensation Law, are amended to read:

SECTION 1. THE ACT OF DECEMBER 5, 1936 (2ND SP.SESS., 1937

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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 EMPLOYE 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 EMPLOYE 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:

Section 302.1. Relief from Charges.--Notwithstanding any

other provisions of this act assigning charges for compensation

paid to employes, except for section 302(a)(2), the department

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shall relieve an employer of charges for compensation in

accordance with this section and section 213 of this act.

* * *

(b) Requests for relief from charges:

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(2) If an employer is requesting relief from charges on the

basis of a separation that occurs on or before the date the

claimant files an application for benefits or on the basis of

continuing part-time work, the following shall apply:

(i) If the request is filed within [fifteen (15)] twenty-one

(21) days after the date of the earliest notice issued by the

department under section 501(a) of this act indicating that the

claimant is eligible under section 401(a) of this act and relief

is granted, relief shall begin with the earliest week for which

the claimant is eligible for benefits pursuant to the claimant's

application for benefits.

* * *

(3) If an employer is requesting relief from charges on the

basis of a separation that occurs after the claimant files an

application for benefits, the following shall apply:

(i) If the request is filed within [fifteen (15)] twenty-one

(21) days after the date of the earliest notice issued by the

department indicating that the claimant is claiming benefits

subsequent to the separation and relief is granted, relief shall

begin with the earliest week for which the claimant is eligible

for benefits following the last day worked.

* * *

Section 2. The amendment of section 302.1(b)(2)(i) and (3)

(i) of the act shall apply to benefit years that begin on or

after the publication of the notice under section 3 of this act.

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Section 3. The Secretary of Labor and Industry shall

transmit notice to the Legislative Reference Bureau for

publication in the Pennsylvania Bulletin upon completion of

implementation of the technological upgrades to the delivery

system for unemployment compensation benefits.

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.

SEARCH AND REGISTRATION REQUIREMENTS UNDER SECTION 401(B) SHALL

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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

OBTAIN RELIEF UNDER SUBSECTION (A).

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

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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

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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 .

(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

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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).

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

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REPRESENTATIVES.

SECTION 1605. EXPIRATION.

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 302.1(B)(2)(I) AND (3)(I) OF THE ACT.

Section 4 6. This act shall take effect as follows:

(1) The following shall take effect immediately:

(i) This section.

(ii) Sections 2 and 3 of this act THE REMAINDER OF

THIS ACT.

(2) The remainder of this AMENDMENT OF SECTION 302.1(B)

(2)(I) AND (3)(I) OF THE act shall take effect upon

publication of the notice under section 3 5 of this act.

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