S1265B1840A08930 AJM:EJH 06/23/16 #90 A08930
AMENDMENTS TO SENATE BILL NO. 1265
Sponsor: SENATOR WHITE
Printer's No. 1840
Amend Bill, page 1, lines 8 and 9, by striking out "and for
coordination with Federal law"
Amend Bill, page 2, line 13, by inserting after "salary"
, commissions
Amend Bill, page 2, lines 14 through 16, by striking out all
of said lines
Amend Bill, page 2, lines 22 and 23, by striking out all of
line 22 and "A RECORD" in line 23 and inserting
claims of any kind
Amend Bill, page 2, line 25, by striking out "by" and
inserting
if
Amend Bill, page 2, line 25, by inserting after "recipient"
has authorized the method of payment in writing or
electronically
Amend Bill, page 3, lines 12 through 18, by striking out all
of said lines and inserting
When wages, salaries, commissions or other payments are
transferred to an account at a financial institution as
described in section 1:
(1) the financial institution holding the account to
which transfers are made shall provide the employee or other
payee with the disclosures, notices of transfer, change in
term notices, access to account information and other
consumer protections to the extent required by 12 CFR Part
1005 (relating to electronic fund transfers (Regulation E));
and
(2) an employer shall provide an employee with a written
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or electronic statement of earnings and deductions each pay
period in accordance with applicable law.
Amend Bill, page 3, line 21, by striking out "The" and
inserting
In addition to any other requirements under this act, all of
the following provisions apply when
Amend Bill, page 3, line 21, by striking out "or" and
inserting a comma
Amend Bill, page 3, line 21, by inserting after "commissions"
or other compensation is made
Amend Bill, page 3, lines 21 and 22, by striking out "a
transfer into" and inserting
transfers to
Amend Bill, page 3, lines 22 and 23, by striking out "shall
be effective for" in line 22 and all of line 23 and inserting a
period
Amend Bill, page 3, line 24, by striking out "the" and
inserting
The
Amend Bill, page 3, line 24, by striking out "has been" and
inserting
shall be
Amend Bill, page 3, line 26, by striking out the semicolon
after "E))" and inserting a period
Amend Bill, page 3, line 27, by striking out "the" and
inserting
The
Amend Bill, page 3, line 27, by striking out "is" and
inserting
shall be
Amend Bill, page 3, line 28, by striking out "federally
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insured"
Amend Bill, page 3, line 28, by striking out "; and" and
inserting
whose funds are insured by the Federal Deposit Insurance
Corporation or the National Credit Union Administration.
(3) No employer may make the payment of wages, salary,
commissions or other compensation by means of a payroll card
account a condition of employment or a condition for the
receipt of any benefit or other form of remuneration for any
employee.
(4) Prior to obtaining an employee's authorization, the
employer shall provide the employee with notice, in writing
or electronically, of all of the following:
(i) All of the employee's wage payment options.
(ii) The terms and conditions of the payroll card
account option, including the fees that may be deducted
from the employee's payroll card account by the card
issuer.
(iii) A notice that third parties may assess fees in
addition to the fees assessed by the card issuer.
(iv) The methods available to the employee for
accessing wages without fees.
Amend Bill, page 3, line 29, by striking out "(3) the" and
inserting
(5) The
Amend Bill, page 3, line 29, by striking out "provides" and
inserting
shall provide
Amend Bill, page 4, lines 8 through 17, by striking out all
of said lines and inserting
(6) The payroll card account shall provide the employee
with a means of ascertaining the balance in the employee's
payroll card account through an automated telephone system or
other electronic means without cost to the employee.
(7) In addition to the fees prohibited under paragraphs
(5) and (6), an employer may not use a payroll card account
that charges fees to the employee for any of the following:
(i) The application, initiation or privilege of
participating in the payroll card program.
(ii) The issuance of the initial payroll card.
(iii) The issuance of one replacement card per
calendar year upon request of the employee.
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(iv) The transfer of wages, salary, commissions or
other compensation from the employer to the payroll card
account.
(v) Purchase transactions at the point of sale.
(8) The funds in a payroll card account shall not
expire. If a payroll card has an expiration date during the
period when wages, salary or other compensation are applied
to the payroll card account by the employer and for 60 days
after the last transfer of wages, salary, commissions or
other compensation to the account, the employee shall be
provided a replacement card without cost prior to the
expiration date, unless prior to that date the account
becomes subject to the custody and control of the
Commonwealth under Article XIII.1 of the act of April 9, 1929
(P.L.343, No.176), known as The Fiscal Code, or pursuant to
the unclaimed property or escheat law of another state, the
District of Columbia or a territory of the United States.
(9) The employer shall honor an employee's written or
electronic request to change the employee's method of
receiving wages from a payroll card account to direct deposit
or negotiable check. The change shall take effect as soon as
practicable, but no later than the first payday after 14 days
from receipt by the employer of the employee's request and
any information necessary to implement the change.
(10) Nothing in this section may be construed to preempt
or override the terms of any collective bargaining agreement
with respect to the methods by which an employer provides
payment of wages, salary, commissions or other compensation
to employees.
Amend Bill, page 4, lines 27 and 28, by striking out "This
act shall apply to payments made before, on" in line 27 and all
of line 28 and inserting
An authorization for the payment of wages, salaries or other
compensation by means of a payroll card account made prior to
the effective date of section 2.1 of the act shall remain valid
until the employee requests a change of payment method in
accordance with section 2.1(9) of the act.
Amend Bill, page 4, line 29, by striking out "immediately"
and inserting
in 90 days
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