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PRINTER'S NO. 3653
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
2459
Session of
2020
INTRODUCED BY MIZGORSKI, BERNSTINE, CAUSER, SCHLEGEL CULVER,
ECKER, JAMES, JONES, JOZWIAK, KAUFFMAN, MIHALEK, MILLARD,
ROTHMAN, RYAN, SCHMITT, SIMMONS AND TURZAI, APRIL 28, 2020
REFERRED TO COMMITTEE ON STATE GOVERNMENT, APRIL 28, 2020
AN ACT
Amending the act of April 9, 1929 (P.L.177, No.175), entitled
"An act providing for and reorganizing the conduct of the
executive and administrative work of the Commonwealth by the
Executive Department thereof and the administrative
departments, boards, commissions, and officers thereof,
including the boards of trustees of State Normal Schools, or
Teachers Colleges; abolishing, creating, reorganizing or
authorizing the reorganization of certain administrative
departments, boards, and commissions; defining the powers and
duties of the Governor and other executive and administrative
officers, and of the several administrative departments,
boards, commissions, and officers; fixing the salaries of the
Governor, Lieutenant Governor, and certain other executive
and administrative officers; providing for the appointment of
certain administrative officers, and of all deputies and
other assistants and employes in certain departments, boards,
and commissions; providing for judicial administration; and
prescribing the manner in which the number and compensation
of the deputies and all other assistants and employes of
certain departments, boards and commissions shall be
determined," providing for emergency COVID-19 provisions.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. The act of April 9, 1929 (P.L.177, No.175), known
as The Administrative Code of 1929, is amended by adding an
article to read:
ARTICLE I-A
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EMERGENCY COVID-19 PROVISIONS
Section 101-A. Extension of waiver provisions.
(a) General rule.--The Secretary of Community and Economic
Development shall, upon request of a cosmetology salon or barber
shop, immediately issue a waiver to the Governor's 20200319 TWW
COVID-19 Business Closure Order to the cosmetology salon or
barber shop to provide hair services. Waivers shall only be
issued to cosmetology salons and barber shops that can adhere to
the social distancing practices and other mitigation measures
defined by the Centers for Disease Control and Prevention to
protect workers and to mitigate the spread of COVID-19.
(b) Protections.--Cosmetology salons and barber shops that
receive a waiver and operate under this section shall also
provide, at a minimum, the following protections:
(1) Appropriate personal protective equipment,
including, but not limited to, a mask, at the start of every
shift for employees.
(2) A work environment, including, but not limited to,
social distancing practices, that maximizes the safety of
employees and clients.
(3) Providing hair services on an appointment basis
only.
(4) Cleaning areas with adequate soap and water and
breaks to frequently engage in hand washing.
(c) Violation.--A cosmetology salon or barber shop operating
in this Commonwealth under a waiver issued under subsection (a)
that fails to comply with the requirements of this section shall
be immediately closed and may not be permitted to reopen until
it is in compliance.
(d) Construction.--Nothing in this section shall affect or
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limit the provisions of the act of June 19, 1931 (P.L.589,
No.202), referred to as the Barbers' License Law, or the act of
May 3, 1933 (P.L.242, No.86), referred to as the Cosmetology
Law, and regulations promulgated under those acts, relating to
sanitation and infectious disease.
(e) Applicability.--This section shall apply until the
proclamation of disaster emergency issued by the Governor on
March 6, 2020, published at 50 Pa.B. 1644 (March 21, 2020), and
any renewal of the state of disaster emergency, is terminated or
expires under 35 Pa.C.S. ยง 7301(c) (relating to general
authority of Governor).
(f) Definitions.--As used in this section, the following
words and phrases shall have the meanings given to them in this
subsection unless the context clearly indicates otherwise:
"Barber shop." A barber shop licensed under the Barbers'
License Law.
"Cosmetology salon." A cosmetology salon licensed under the
Cosmetology Law.
Section 2. This act shall take effect immediately.
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