H0360B3583A05314 BIL:EJH 04/28/20 #90 A05314
AMENDMENTS TO HOUSE BILL NO. 360
Sponsor: SENATOR HAYWOOD
Printer's No. 3583
Amend Bill, page 1, line 4, by inserting after "EXAMINATION"
; and, in child protective services, providing for pandemic of
2020
Amend Bill, page 3, lines 5 and 6, by striking out all of
said lines and inserting
Section 2. Title 23 is amended by adding a section to read:
§ 6387. Pandemic of 2020.
(a) General rule.--Notwithstanding any provision of law to
the contrary, the following shall apply to any individual
required to obtain recertification under section 6344.4
(relating to recertification) during the disaster emergency
relating to COVID-19. The following shall apply:
(1) An individual shall have until December 31, 2020, to
obtain the recertification under section 6344(b)(3) (relating
to employees having contact with children; adoptive and
foster parents).
(2) An individual shall be required to obtain the
certifications under section 6344(b)(1) and (2) as required
under section 6344.4.
(3) An individual who delays recertification under
section 6344(b)(3) shall be required to obtain the
individual's subsequent recertifications required under
section 6344.4 within 60 months from the date of the
individual's most recent certification.
(b) Initial applicants.--The following shall apply:
(1) Notwithstanding any provision of law to the
contrary, an individual identified under section 6344(a) may
commence employment prior to obtaining the certification
required under section 6344(b)(3) if all of the following
apply:
(i) The individual has been a resident of this
Commonwealth during the entirety of the previous 10-year
period or, if the individual has not been a resident of
this Commonwealth during the entirety of the previous 10-
year period, the individual has submitted an equivalent
certification under section 6344(b)(1) from the last
state in which the individual was a resident.
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(ii) The individual has submitted the certifications
under section 6344(b)(1) and (2) to the employer,
administrator, supervisor or other person responsible for
employment decisions prior to the commencement of
employment.
(iii) An employer, administrator, supervisor or
other person responsible for employment decisions shall
document the reason, which relates to the COVID-19
disaster emergency, that the individual is unable to
obtain and submit the certifications required under
section 6344(b)(3).
(iv) The individual affirms, subject to the penalty
of 18 Pa.C.S. § 4903 (relating to false swearing), in
writing, that the individual is not disqualified from
employment pursuant to section 6344(c) or has not been
convicted of an offense similar in nature to those crimes
listed in section 6344(c) under the laws or former laws
of the United States or one of its territories or
possessions, another state, the District of Columbia, the
Commonwealth of Puerto Rico or a foreign nation, or under
a former law of this Commonwealth.
(2) An individual who commences employment under
paragraph (1) shall be required to submit the information
required under section 6344(b)(3) no later than December 31,
2020, or 60 days after the expiration of the declaration of
disaster emergency issued be the Governor on March 6, 2020,
published at 50 Pa.B 1644 (March 21, 2020), whichever is
sooner.
(3) If the information obtained pursuant to section
6344(b)(3) reveals that an individual is disqualified from
employment pursuant to section 6344(c), the individual shall
be immediately dismissed by the employer, administrator,
supervisor or other person responsible for employment
decisions.
(4) An individual who commences employment in a child
daycare center, group daycare home or family childcare home
under paragraph (1) shall comply with section 6344(m)(5).
(5) This subsection shall expire December 31, 2020.
(c) Required record.--An employer, administrator, supervisor
or other person responsible for employment decisions shall
maintain a copy of the required information under subsections
(a) and (b).
(d) Definition.--As used in this section, the term "COVID-
19" means the novel coronavirus as identified in the
proclamation of disaster emergency issued by the Governor on
March 6, 2020, published at 50 Pa.B. 1644 (March 21, 2020).
Section 3. This act shall be retroactive as follows:
(1) The amendment of 23 Pa.C.S. § 1306(b) shall be
retroactive to March 18, 2020.
(2) The addition of 23 Pa.C.S. § 6387(a) and (c) shall
be retroactive to March 6, 2020.
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Amend Bill, page 3, line 7, by striking out "3" and inserting
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