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                                                      PRINTER'S NO. 1600

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE BILL

No. 1179 Session of 1997


        INTRODUCED BY LLOYD, BELARDI, MASLAND, FAIRCHILD, GORDNER,
           FARGO, GEIST, LEVDANSKY, PESCI, SERAFINI, LYNCH,
           M. N. WRIGHT, WOGAN, DALEY, TIGUE, BARRAR, SURRA, COY, STERN,
           TRAVAGLIO, MUNDY, OLASZ, CARONE, THOMAS, ADOLPH, ROSS AND
           ITKIN, APRIL 29, 1997

        REFERRED TO COMMITTEE ON LABOR RELATIONS, APRIL 29, 1997

                                     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     definitions.

    17     The General Assembly of the Commonwealth of Pennsylvania
    18  hereby enacts as follows:
    19     Section 1.  The definition of "employe" in section 4 of the
    20  act of December 5, 1936 (2nd Sp.Sess., 1937 P.L.2897, No.1),
    21  known as the Unemployment Compensation Law, amended May 23, 1949
    22  (P.L.1738, No.530), is amended to read:
    23     Section 4.  Definitions.--The following words and phrases, as


     1  used in this act, shall have the following meanings, unless the
     2  context clearly requires otherwise.
     3     * * *
     4     (i)  "Employe" means every individual, whether male, female,
     5  citizen, alien or minor, who is performing or subsequent to
     6  January first, one thousand nine hundred thirty-six, has
     7  performed services for an employer in an employment subject to
     8  this act. An executive officer of a Subchapter S corporation as
     9  defined in the act of March 4, 1971 (P.L.6, No.2), known as the
    10  "Tax Reform Code of 1971," may elect not to be an employe of the
    11  corporation for the purposes of this act if the executive
    12  officer has an ownership interest in such corporation.
    13     * * *
    14     Section 2.  This act shall take effect in 60 days.











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