PRINTER'S NO. 1936
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
1537
Session of
2019
INTRODUCED BY HARKINS, COX, SCHLOSSBERG, BIZZARRO, GROVE,
MILLARD, HILL-EVANS, MARKOSEK, DeLUCA, FREEMAN AND GALLOWAY,
MAY 30, 2019
REFERRED TO COMMITTEE ON LABOR AND INDUSTRY, MAY 30, 2019
AN ACT
Amending the act of December 5, 1936 (2nd Sp.Sess., 1937
P.L.2897, No.1), entitled "An act establishing a system of
unemployment compensation to be administered by the
Department of Labor and Industry and its existing and newly
created agencies with personnel (with certain exceptions)
selected on a civil service basis; requiring employers to
keep records and make reports, and certain employers to pay
contributions based on payrolls to provide moneys for the
payment of compensation to certain unemployed persons;
providing procedure and administrative details for the
determination, payment and collection of such contributions
and the payment of such compensation; providing for
cooperation with the Federal Government and its agencies;
creating certain special funds in the custody of the State
Treasurer; and prescribing penalties," in contributions by
employers and employees, further providing for contributions
by employees.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 301.4(h)(1), (2) and (3) of the act of
December 5, 1936 (2nd Sp.Sess., 1937 P.L.2897, No.1), known as
the Unemployment Compensation Law, are amended and the
subsection is amended by adding a clause to read:
Section 301.4. Contributions by Employes.--* * *
(h) In addition to the amounts allowed under subsection (e),
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an amount determined by the secretary, with the approval of the
Governor, shall be deposited into the Service and Infrastructure
Improvement Fund for costs related to the procurement and
implementation of technological upgrades to the delivery system
for unemployment compensation benefits, consistent with costs
reported to the General Assembly under section 301.9(i)(3). The
following shall apply:
(1) For [costs incurred in] calendar year 2017, the amount
determined under this subsection may not exceed five million
dollars ($5,000,000). For [costs incurred in] calendar year
2018, the amount determined under this subsection may not exceed
seven million two hundred thousand dollars ($7,200,000). [For
costs incurred in calendar year 2019, the amount determined
under this subsection may not exceed twelve million one hundred
thousand dollars ($12,100,000). For costs incurred in calendar
year 2020, the amount determined under this subsection may not
exceed five million nine hundred thousand dollars ($5,900,000).]
For calendar years 2019 and 2020, the combined total amount
determined under this subsection for both years may not exceed
eighteen million dollars ($18,000,000).
(2) [Beginning January 1, 2018, the department may deposit
into the Service and Infrastructure Improvement Fund an amount
authorized by this subsection for actual costs incurred during
calendar year 2017. Each quarter thereafter, the department may
deposit an amount equal to actual costs incurred in the prior
quarter, subject to the annual limits in clause (1).] Subject to
the limitation under clause (1), the secretary may deposit funds
into the Service and Infrastructure Improvement Fund in
accordance with the following:
(i) Within thirty (30) days after the effective date of this
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subclause, an amount authorized by this subsection for actual
costs incurred prior to the effective date of this subclause,
for which deposits had not been made, including the amount of
funds withheld to ensure the performance of the contractor
responsible for the implementation of the technological
upgrades.
(ii) Each quarter after the period under subclause (i), an
amount authorized by this subsection for actual costs incurred
in the prior quarter, including the amount of funds withheld to
ensure the performance of the contractor responsible for the
implementation of the technological upgrades.
(iii) No later than December 31, 2020, an amount authorized
by this subsection for future costs that the department
anticipates it will incur for implementation of the
technological upgrades to the delivery system.
(2.1) Funds authorized by this subsection shall only be
disbursed to the contractor when the department determines that
the appropriate contract benchmarks have been met.
(3) Prior to each deposit of funds under this subsection the
secretary shall certify to the Governor [that]:
(i) that the progress of the implementation and deployment
of technological upgrades to the delivery system for
unemployment compensation benefits is consistent with the
progress benchmarks provided in each relevant contract;
(ii) that the total cost of the technological upgrades will
not exceed the total amount of contract costs reported to the
General Assembly under section 301.9(i)(3); [and]
(iii) that the Benefit Modernization Advisory Committee
established under clause (6) has been regularly consulted with
regard to the implementation and deployment of the technological
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upgrades[.]; and
(iv) the amount of funds withheld, if any, to ensure the
performance of the contractor responsible for the implementation
of the technological upgrades, the anticipated timeline for
disbursal of these funds and the anticipated date of the
completion of the implementation and deployment of the
technological upgrades.
* * *
Section 2. This act shall take effect immediately.
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