SB 101 — An Act amending the act of December 18, 2001 (P.L.949, No.114), known as the Workforce Development Act, in preliminary provisions, further providing for definitions; and, in local workforce development areas and regions and local workforce development boards, further providing for plan, functions and responsibilities and providing for technical assistance and data availability and for local performance accountability.

PRINTER'S NO.   55

                     THE GENERAL ASSEMBLY OF PENNSYLVANIA



                        SENATE BILL
                        No. 101
                                               Session of
                                                 2025

     INTRODUCED BY BARTOLOTTA, ROTHMAN, SCHWANK, HAYWOOD AND KANE,
        JANUARY 22, 2025

     REFERRED TO LABOR AND INDUSTRY, JANUARY 22, 2025


                                    AN ACT
 1   Amending the act of December 18, 2001 (P.L.949, No.114),
 2      entitled "An act establishing a unified workforce development
 3      system; restructuring certain administrative functions,
 4      procedures and entities; transferring workforce development
 5      functions of Commonwealth agencies; establishing the
 6      Pennsylvania Workforce Development Board; providing for
 7      critical job training grants, for program quality and
 8      performance for workforce development programs, for workforce
 9      leadership grants and for industry partnerships; and
10      authorizing local workforce development boards," in
11      preliminary provisions, further providing for definitions;
12      and, in local workforce development areas and regions and
13      local workforce development boards, further providing for
14      plan, functions and responsibilities and providing for
15      technical assistance and data availability and for local
16      performance accountability.
17      The General Assembly of the Commonwealth of Pennsylvania
18   hereby enacts as follows:
19      Section 1.    Section 103 of the act of December 18, 2001
20   (P.L.949, No.114), known as the Workforce Development Act, is
21   amended by adding definitions to read:
22   Section 103.    Definitions.
23      The following words and phrases when used in this act shall
24   have the meanings given to them in this section unless the
25   context clearly indicates otherwise:
 1      "Aggregated statistical form."          In the case of information
 2   regarding individuals, a data set that includes information
 3   about no fewer than 10 individuals, and in the case of employer
 4   information, a data set that includes information about no fewer
 5   than three employees, of which no one employer comprises more
 6   than 80% of the aggregated data set.
 7      "Application for benefits."        As defined in 34 Pa. Code § 61.1
 8   (relating to definitions).
 9      * * *
10      "Data dashboard."       A web-based or other electronic tool that
11   displays data in an easily accessible and user-friendly format
12   that includes information from the new hire database,
13   unemployment compensation claimant data and unemployment
14   compensation wage records.
15      * * *
16      "New hire database."       The Commonwealth directory of new hires
17   established under 23 Pa.C.S. § 4392 (relating to employer
18   reporting).
19      * * *
20      Section 2.        Section 504(b) of the act is amended by adding a
21   paragraph to read:
22   Section 504.     Plan, functions and responsibilities.
23      * * *
24      (b)   Functions and responsibilities.--A local workforce
25   development board has the following functions and
26   responsibilities:
27            * * *
28            (9)   As follows:
29                  (i)    Subject to subparagraph (ii), to receive the new
30            hire database and unemployment information from the

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 1            Department of Labor and Industry and to utilize the
 2            information when developing a local plan, assessing
 3            program eligibility and researching.
 4                  (ii)    A local workforce development board may submit
 5            a request to the Department of Labor and Industry for an
 6            exemption from the responsibility under subparagraph (i).
 7            The request must be in writing and must include an
 8            explanation for the request.
 9      * * *
10      Section 3.     The act is amended by adding sections to read:
11   Section 504.1.        Technical assistance and data availability.
12      (a)   Development.--A data dashboard shall be developed and
13   maintained by the Center for Workforce Information and Analysis
14   of the Department of Labor and Industry or an authorized
15   representative. The data dashboard shall provide users with the
16   ability to view and filter data according to various criteria,
17   including location, occupation, industry and demographic
18   characteristics and additional metrics that may apply. The
19   Center for Workforce Information and Analysis shall ensure that
20   the data dashboard and reports are accurate, reliable and timely
21   and meet the needs of the local workforce development boards for
22   research, performance monitoring and improvement.
23      (b)   Assistance.--The Center for Workforce Information and
24   Analysis shall provide technical assistance to local workforce
25   development boards for the use of the data dashboard and the
26   interpretation of data displayed in the data dashboard in
27   accordance with the following:
28            (1)   Technical assistance shall include training for
29      effective data dissemination, data interpretation, analysis,
30      reporting, research and demonstration.

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 1            (2)   Technical assistance shall be made available to the
 2      chief elected official of a local workforce development
 3      board, any other Federal, State or local government agency
 4      and the agents or contractors of a governmental agency or
 5      public official, on a regular basis, and shall be tailored to
 6      meet the unique needs of each agency.
 7            (3)   Fees or charges may not be imposed for technical
 8      assistance related to the data dashboard and the
 9      interpretation of the data displayed in the data dashboard.
10   Section 504.2.    Local performance accountability.
11      (a)   Authorization.--Notwithstanding 20 CFR Ch. V Pt. 603
12   (relating to Federal-State Unemployment Compensation (UC)
13   Program; confidentiality and disclosure of State UC
14   information), for purposes of performance accountability and
15   evaluation, the department shall develop and disseminate
16   information, including unemployment compensation claimant
17   information, unemployment compensation wage records and new hire
18   database information, for use in the performance of official
19   duties by a local workforce development board and as permitted
20   in subsection (c). Data shall be disseminated in a data
21   dashboard and updated regularly in accordance with data
22   availability of unemployment compensation claimant information,
23   unemployment compensation wage records and new hire database
24   information.
25      (b)   Disclosure.--Disclosure of unemployment compensation
26   information, including the application for benefits and
27   employer's reports of wages paid to employees, shall be made
28   available to the chief elected official of a local workforce
29   development board, any other Federal, State or local government
30   agency and the agents or contractors of a governmental agency or

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 1   public official, if the information is to be used as provided in
 2   subsection (c). Fees or charges may not be imposed for access to
 3   data under this subsection unless mandated by Federal law.
 4      (c)   Allowable uses of disclosed information.--Allowable uses
 5   of information disclosed under subsection (b) include:
 6            (1)   Evaluation of program performance, including
 7      longitudinal outcome analysis of programs funded by public or
 8      private money, or a combination thereof, to the extent
 9      permitted by Federal law.
10            (2)   Financial or other analysis required by Federal,
11      State or local law or regulation or federally approved plans.
12            (3)   Preparation of reports required by Federal, State or
13      local law or regulation or federally approved plans. The data
14      dashboard and accompanying reports created by the Center for
15      Workforce Information and Analysis or an authorized
16      representative under section 504.1 shall be deemed as
17      satisfactory documentation and verification for performance
18      monitoring, client eligibility and work requirement purposes
19      required by core, mandated and nonmandated partners and
20      programs.
21            (4)   Operation of public programs by the agencies and
22      their agents, contractors and subcontractors, if the
23      secretary determines that the information sharing is for the
24      purpose of improving the quality or delivery of program
25      services or to create operational efficiencies.
26            (5)   Establishment of common case management systems
27      between Federal, State or local agencies delivering or
28      supporting workforce services for a shared customer base,
29      whenever the common case management system is for the purpose
30      of fostering workforce partnerships, program coordination,

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 1      interagency collaboration, improving program services or
 2      creating operational efficiencies.
 3      (d)   Confidentiality and protection of information.--The
 4   following apply to required confidentiality and protection of
 5   information disclosed under subsection (b) for allowable uses
 6   under subsection (c):
 7            (1)   The dissemination, disclosure and use of the
 8      information must be outlined in a written agreement as
 9      required by 20 CFR Ch. V Pt. 603 and in accordance with
10      subsection (e).
11            (2)   Any redisclosure of information obtained by the
12      agency or its agent or contractor shall be limited to
13      tabulation and publication of the information in an
14      aggregated statistical form, except when the agency and its
15      agent or contractor or another agency must exchange the
16      information for an authorized purpose as provided for in the
17      written agreement required by 20 CFR Ch. V Pt. 603.
18            (3)   No individual identifying information obtained in
19      accordance with subsection (c) shall be redisclosed in the
20      course of the tabulation or publication.
21            (4)   Upon the disclosure of the information under
22      subsection (b), the information may be used for a specific
23      period of time as provided for in the written agreement
24      required by 20 CFR Ch. V Pt. 603, not to exceed a period of
25      up to 10 years unless the agreement is renewed for additional
26      periods of time.
27      (e)   Agreement.--The department shall develop a written
28   agreement, required by subsection (d)(1), with each local
29   workforce development board in this Commonwealth in accordance
30   with the following:

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 1            (1)   The agreement shall be on a form prescribed by the
 2      department.
 3            (2)   The agreement, at a minimum, shall include:
 4                  (i)    A description of the specific information to be
 5            furnished and the purposes for which the information is
 6            sought.
 7                  (ii)    A statement that those who receive information
 8            under the agreement will be limited to those with a need
 9            to access it for purposes listed in the agreement.
10                  (iii)    The methods and timing for dissemination and
11            format of the information. Dissemination of information
12            shall occur, at a minimum, once per financial quarter.
13                  (iv)    A provision for paying the State agency for any
14            costs of furnishing the information.
15                  (v)    A provision for safeguarding the information
16            disclosed.
17                  (vi)    A provision for inspections of the agency,
18            entity or contractor to ensure that the requirements of
19            Federal law and this section are being met.
20      (f)   Payment for disclosure of requested unemployment
21   information.--Except as permitted under applicable law or
22   regulation, or as otherwise authorized by agreement between the
23   department and the United States Department of Labor, Federal
24   unemployment insurance grant funds shall not be used to pay for
25   any of the costs incurred by the department in processing and
26   handling a request for disclosure of unemployment information
27   made under this section. The costs shall be calculated,
28   collected and administered by the department consistent with
29   applicable Federal rules and guidelines. If the recipient is a
30   public official, the department may accept payment of costs by

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 1   way of reimbursement.
 2      (g)   Definitions.--As used in this section, the following
 3   words and phrases shall have the meanings given to them in this
 4   subsection unless the context clearly indicates otherwise:
 5      "Department."    The Department of Labor and Industry of the
 6   Commonwealth.
 7      "Secretary."    The Secretary of Labor and Industry of the
 8   Commonwealth.
 9      Section 4.   Nothing in this act shall be construed to
10   conflict with Federal law.
11      Section 5.   This act shall take effect in six months.




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