H1852B3094A08842     AJM:JSL  02/14/12     #90        A08842

AMENDMENTS TO HOUSE BILL NO. 1852

Sponsor: REPRESENTATIVE W. KELLER

Printer's No. 3094

Amend Bill, page 1, line 16, by inserting after

"definitions,"

for records of and reports by employers, 

Amend Bill, page 1, line 18, by inserting after

"compensation,"

for certain agreements void and penalty,

Amend Bill, page 2, by inserting between lines 29 and 30

Section 1.1.  Section 206 of the act, amended July 21, 1983

(P.L.68, No.30) and November 17, 1995 (P.L.615, No.64), is

amended to read:

Section 206.  Records of and Reports by Employers.--(a)  Each

employer (whether or not liable for the payment of contributions

under this act) shall keep accurate employment records

containing such information, as may be prescribed by the rules

and regulations adopted by the department. Such records shall be

open to inspection by the department and its agents at any

reasonable time, and as often as may be deemed necessary, but

employers need not retain such records more than four (4) years

after contributions relating to such records have been paid. The

department may require from such employers such reports as it

deems necessary, which shall be sworn to, if required by the

department.

(b)  Information thus obtained shall not be made public or be

open to public inspection, other than to the members of the

board, the officers and employes of the department and other

public employes in the performance of their public duties, but

any employe or employer at a hearing on an appeal shall, upon

request, be supplied with information from such records to the

extent necessary for the proper presentation and consideration

of the appeal.

(c)  Any officer or employe of the department or the board,

or any other public employe, who shall violate any of the

provisions of this section shall, upon conviction thereof in a

summary proceeding, be sentenced to pay a fine of not less than

[twenty dollars ($20)] one hundred dollars ($100) nor more than

[two hundred dollars ($200)] three hundred dollars ($300) and in

default of the payment of such fine and cost of prosecution

shall be sentenced to imprisonment for not longer than thirty

(30) days.

(d)  Any employer who has been determined by the department

to be subject to the reporting provisions of this act and has

been so notified, and who neglects or refuses to file or to

complete in such manner as the department may prescribe either

the periodic report required by the department to establish the

amount of such contributions or the periodic report required by

the department showing the amount of wages paid to each employe,

or both, on or before the date such reports are required to be

filed, shall pay a penalty of ten per centum (10%) of the total

amount of contributions paid or payable by the employer or

employe as the case may be for the period: Provided, That such

penalty shall be not less than [twenty-five dollars ($25)] one

hundred twenty-five dollars ($125) or more than [two hundred and

fifty dollars ($250)] four hundred fifty dollars ($450). Such

penalty shall apply to the reports for each period with respect

to which such reports are required to be filed: Provided, That

such penalty shall not apply to reports for any period with

respect to which the last day for filing such reports is prior

to a date on which the department has notified the employer that

he has been determined an employer subject to the reporting

provisions of this act, unless the reports for such prior

periods are not filed within thirty (30) days after the employer

has been so notified. The penalties provided by this section

shall be in addition to all other penalties provided for in this

act.

Amend Bill, page 3, by inserting between lines 27 and 28

Section 3.1.  Section 701 of the act is amended to read:

Section 701.  Certain Agreements Void; Penalty.--No agreement

by an employe to waive, release, or commute his rights to

compensation, or any other rights under this act, shall be

valid. No agreement by an employe or by employes to pay all or

any portion of an employer's contributions, required under this

act from such employer, shall be valid. No employer shall,

directly or indirectly, make or require or accept any deduction

from the remuneration of individuals in his employ to finance

contributions required from him under this act, or require or

accept any waiver by an employe of any right hereunder. Any

employer or officer or agent of an employer who violates any

provision of this section shall be guilty of a misdemeanor, and,

upon conviction thereof, shall be sentenced for each offense to

pay a fine of not less than [one hundred dollars] five hundred

dollars nor more than [one thousand dollars] one thousand five

hundred dollars, or be imprisoned for not more than six months,

or both.