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        PRIOR PRINTER'S NO. 1241                      PRINTER'S NO. 1970

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE BILL

No. 1083 Session of 2005


        INTRODUCED BY ALLEN, BELFANTI, S. H. SMITH, CAPPELLI, ARMSTRONG,
           BAKER, BALDWIN, BASTIAN, BELARDI, BOYD, CAWLEY, CRAHALLA,
           CREIGHTON, DENLINGER, FAIRCHILD, FRANKEL, FREEMAN, GABIG,
           GEORGE, GOOD, GOODMAN, HALUSKA, HERMAN, HERSHEY, HESS,
           HICKERNELL, HUTCHINSON, KENNEY, KIRKLAND, LaGROTTA, MAHER,
           MARSICO, McILHATTAN, METCALFE, S. MILLER, MUNDY, MUSTIO,
           NAILOR, NICKOL, O'NEILL, PHILLIPS, PICKETT, REICHLEY, ROSS,
           RUBLEY, SATHER, SAYLOR, SCAVELLO, SEMMEL, SHANER, B. SMITH,
           STEIL, STETLER, T. STEVENSON, SURRA, TURZAI, WALKO, WATERS,
           WILT, YOUNGBLOOD, FLEAGLE, ROHRER, JAMES, GANNON, R. MILLER,
           HARRIS, PALLONE, KAUFFMAN, GODSHALL AND DeWEESE,
           MARCH 23, 2005

        AS REPORTED FROM COMMITTEE ON LABOR RELATIONS, HOUSE OF
           REPRESENTATIVES, AS AMENDED, MAY 11, 2005

                                     AN ACT

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

    18     The General Assembly of the Commonwealth of Pennsylvania
    19  hereby enacts as follows:
    20     Section 1.  Section 702 of the act of December 5, 1936 (2nd    <--

     1  Sp.Sess., 1937 P.L.2897, No.1), known as the Unemployment
     2  Compensation Law, amended September 29, 1951 (P.L.1580, No.408),
     3  is amended to read:
     4     Section 702.  Limitation of Fees.--No employer or employe
     5  shall be charged fees of any kind in any proceeding under this
     6  act by the department, the board, or any of its officers or
     7  agents. Any [individual claiming compensation] party involved in
     8  any proceeding before the department, the board, or referee may
     9  be represented by counsel or other duly authorized agent; but no
    10  such counsel or agent shall either charge or receive any greater
    11  fee for such services than is approved by the board. Any person
    12  who violates any provision of this section shall be guilty of a
    13  misdemeanor, and, upon conviction thereof, shall be sentenced to
    14  pay a fine of not less than fifty dollars nor more than five
    15  hundred dollars, or be imprisoned for not more than six months,
    16  or both.
    17     Section 2.  This act shall take effect in 60 days.
    18     SECTION 1.  THE ACT OF DECEMBER 5, 1936 (2ND SP.SESS., 1937    <--
    19  P.L.2897, NO.1), KNOWN AS THE UNEMPLOYMENT COMPENSATION LAW, IS
    20  AMENDED BY ADDING A SECTION TO READ:
    21     SECTION 214.  REPRESENTATION IN PROCEEDINGS.--ANY PARTY IN
    22  ANY PROCEEDING UNDER THIS ACT BEFORE THE DEPARTMENT, A REFEREE
    23  OR THE BOARD MAY BE REPRESENTED BY AN ATTORNEY OR OTHER
    24  REPRESENTATIVE.
    25     SECTION 2.  THIS ACT SHALL TAKE EFFECT IMMEDIATELY.




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