AN ACT

 

1Amending Title 35 (Health and Safety) of the Pennsylvania
2Consolidated Statutes, further providing for definitions and
3for laws suspended during emergency assignments.

4The General Assembly of the Commonwealth of Pennsylvania
5hereby enacts as follows:

6Section 1. Section 7102 of Title 35 of the Pennsylvania
7Consolidated Statutes is amended by adding definitions to read:

8§ 7102. Definitions.

9The following words and phrases when used in this part shall
10have, unless the context clearly indicates otherwise, the
11meanings given to them in this section:

12* * *

13"Disaster emergency-related work." The repair, renovation,
14installation, construction or rendering of services or other
15business activities that relate to infrastructure that has been
16damaged, impaired or destroyed by a disaster.

17* * *

1"Infrastructure." Real and personal property and equipment
2that is owned or used by any of the following that service
3multiple customers or citizens:

4(1) A communications network.

5(2) An electric generation, transmission and
6distribution system.

<-7(3) A gas distribution system.

8(4) A water pipeline, public road and bridge-related
9support facility.

<-10(3) A gas distribution system that provides the
11facilities and equipment for producing, generating,
12transmitting, distributing or the furnishing of gas directly
13to the end customer.

14(4) A public or private water pipeline.

15* * *

16"Out-of-State business." A business entity whose services
17are requested by a registered business, the Commonwealth or a
18political subdivision of the Commonwealth for purposes of
19performing disaster emergency-related work in this Commonwealth.
20The term includes a business entity that is affiliated with a
21registered business in this Commonwealth solely through common
22ownership. The out-of-State business may not have any of the
23following:

24(1) A presence in this Commonwealth, excluding prior
25disaster emergency-related work performed under section
267308(b)(1) (relating to laws suspended during emergency
27assignments).

28(2) Any registration, tax filing or nexus in this
29Commonwealth within the past three calendar years.

30"Out-of-State employee." An employee who does not work in

1this Commonwealth, unless the employee is performing disaster
2emergency-related work during a period under section 7308(b)(1).

3* * *

4"Registered business." Any business entity that is
5registered to do business in this Commonwealth prior to a
6declared disaster or emergency.

7* * *

8Section 2. Section 7308 of Title 35 is amended to read:

9§ 7308. Laws suspended during emergency assignments.

10(a) Commonwealth agencies.--In the case of a declaration of
11a state of emergency by the Governor, Commonwealth agencies may
12implement their emergency assignments without regard to
13procedures required by other laws (except mandatory
14constitutional requirements) pertaining to the performance of
15public work, entering into contracts, incurring of obligations,
16employment of temporary workers, rental of equipment, purchase
17of supplies and materials and expenditures of public funds.

18(b) Out-of-State business or employee.--Notwithstanding any
19other law to the contrary, if the Governor has declared a
20disaster emergency to exist under this part or the President has
21declared a major disaster or emergency to exist in this
22Commonwealth, the following shall apply:

23(1) An out-of-State business that conducts operations
24within this Commonwealth for purposes of performing disaster
25emergency-related work for a period of not more than ten days
26before or not more than 60 calendar days after the end of the
27declared disaster emergency period may not be considered to
28have established a level of presence that would require that
29business to register, file and remit State or local taxes, or
30that would require the out-of-State business or an out-of-


1State employee to be subject to any licensing or registration
2requirements of the Commonwealth, provided that the out-of-
3State business is in substantial compliance with all
4applicable regulatory and licensing requirements in its state
5of domicile, including any of the following:

6(i) State or local business licensing or
7registration requirements.

8(ii) Pennsylvania Public Utility Commission or
9regulatory requirements.

10(iii) State and local taxes and fees, such as
11unemployment insurance, sales and use tax or property tax
12on equipment brought <-in into this Commonwealth on a
13temporary basis used or consumed in this Commonwealth,
14State or local occupational licensing fees or local
15services taxes.

16(iv) A State or local tax on or measured by, in
17whole or in part, net or gross income or receipts.

18(2) The period under paragraph (1) may be extended by
19the Governor for a period of not more than 30 days for each
20declared disaster emergency.

21(3) An out-of-State employee shall not be considered to
22have established residency or presence in this Commonwealth
23that would require the individual or the individual's
24employer to file and pay income taxes, to be subjected to
25income tax withholding or to file and pay any other State or
26local tax or fee for disaster emergency-related work
27performed during the disaster period designated under
28paragraphs (1) and (2), including any related State or local
29employer withholding or remittance obligations.

<-30(c) Liability exemption.--Nothing in this section shall be
 

1construed to relieve an entity or individual from a liability 
2not explicitly exempted under this section, including, but not 
3limited to, damages associated with an act of negligence.

4Section 3. The following provisions shall apply to a
5disaster or emergency that is declared on or after the effective
6date of this section:

7(1) The addition of the definitions of "disaster
8emergency-related work," "infrastructure," "out-of-State
9business," "out-of-State employee" and "registered business"
10in 35 Pa.C.S. § 7102.

11(2) The amendment of 35 Pa.C.S. § 7308.

12Section 4. This act shall take effect in 60 days.