PRIORH0280B0253A00154 PRINTER'SSFR:EJH 03/08/19 #90 A00154 AMENDMENTS TO HOUSE BILL NO.

253280 PRINTER'SSponsor: NO.

881REPRESENTATIVE THECOX GENERALPrinter's ASSEMBLY OF PENNSYLVANIA HOUSE BILL Session of 2019 No.

INTRODUCED253 BYAmend JAMES,Bill, BARRAR,page BENNINGHOFF,3, BROWN,line CIRESI,5, T.by striking out all of said line and inserting Section 2.

DAVIS,The DRISCOLL,amendment FREEMAN,of HILL-EVANS,sections IRVIN,501(e) KAUFER,and KAUFFMAN,502 KINSEY,of MACKENZIE, McNEILL, MENTZER, MILLARD, MIZGORSKI, MULLINS, NEILSON, PASHINSKI, PICKETT, READSHAW, SIMMONS, STAATS, WARREN, RYAN, WEBSTER, COX AND DONATUCCI, JANUARY 30, 2019 AS REPORTED FROM COMMITTEE ON LABOR AND INDUSTRY, HOUSE OF REPRESENTATIVES, AS AMENDED, MARCH 13, 2019 AN ACT Amending the act ofshall Decemberapply 5,to 1936benefit (2ndyears Sp.Sess.,that 1937begin P.L.2897,on No.1),or entitledafter "Anthe actpublication establishing a system of unemploymentthe compensationnotice tounder besection administered3 by the Department of Laborthis andact. Industry and its existing and newly created agencies with personnel (with certain exceptions) selected on a civil service basis;

requiringSection employers3. to contributions based on payrolls to provide moneys for theay payment of compensation to certain unemployed persons;

providingThe procedureSecretary of Labor and administrativeIndustry detailsshall transmit notice to the Legislative Reference Bureau for publication in the determination,Pennsylvania paymentBulletin andupon collectioncompletion of suchimplementation contributionsof andthe technological upgrades to the paymentdelivery ofsystem suchfor compensation;unemployment compensation benefits.

providingSection for4. cooperation with the Federal Government and its agencies;

creatingThis certainact specialshall fundstake ineffect theas custodyfollows: of the State Treasurer;

and(1) prescribingThe penalties,"following inshall determinationtake ofeffect compensation,immediately: appeals, reviews and procedure, further providing for determination of compensation appeals and for decision of referee and further appeals and reviews.

The(i) GeneralThis Assemblysection. of the Commonwealth of Pennsylvania hereby enacts as follows:

Section(ii) 1.Sections 2 and 3 of this act.

Sections(2) 501(e)The andremainder 502 of thethis act ofshall Decembertake 5,effect 1936upon (2ndpublication Sp.Sess.,of 1937 P.L.2897, No.1), known as the Unemploymentnotice Compensationunder Law,section are3 amendedof tothis read:act.

Section2019/90SFR/HB0280A00154 501.- 1 -

Determination of Compensation Appeals.--* * * (e) Unless the claimant or last employer or base-year employer of the claimant files an appeal with the board, from the determination contained in any notice required to be furnished by the department under section five hundred and one (a), (c) and (d), within [fifteen] twenty-one calendar days after such notice was delivered to him personally, or was mailed to his last known post office address, and applies for a hearing, such determination of the department, with respect to the particular facts set forth in such notice, shall be final and compensation shall be paid or denied in accordance therewith.

Section 502.

Decision of Referee;

Further Appeals and Reviews.--Where an appeal from the determination or revised determination, as the case may be, of the department is taken, a referee shall, after affording the parties and the department reasonable opportunity for a fair hearing, affirm, modify, or reverse such findings of fact and the determination or revised determination, as the case may be, of the department as to him shall appear just and proper.

The parties and their attorneys or other representatives of record and the department shall be duly notified of the time and place of a referee's hearing and of the referee's decision, and the reasons therefor, which shall be deemed the final decision of the board, unless an appeal is filed therefrom, within [fifteen] twenty-one days after the date of such decision the board acts on its own motion, to review the decision of the referee.

The testimony at any hearing before a referee shall be taken by a recording device and be preserved for a period of ninety days following expiration of the period for filing an appeal from the final decision rendered in the 20190HB0280PN0881 - 2 - case.

An unabridged transcript and audio recording of the testimony shall be made available, at cost if not used for unemployment compensation purposes or a subsequent appeal, to the parties and their attorneys or other representatives upon written request to the referee.

Section 2.

This act shall take effect in 60 days.

<-- SECTION 2.

THE AMENDMENT OF SECTIONS 501(E) AND 502 OF THE <-- ACT SHALL APPLY TO BENEFIT YEARS THAT BEGIN ON OR AFTER THE PUBLICATION OF THE NOTICE UNDER SECTION 3 OF THIS ACT.

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 4.

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.

(2) THE REMAINDER OF THIS ACT SHALL TAKE EFFECT UPON PUBLICATION OF THE NOTICE UNDER SECTION 3 OF THIS ACT.

20190HB0280PN0881 - 3 -