H2388B3592A05525 MSP:JMT 05/10/20 #90 A05525
AMENDMENTS TO HOUSE BILL NO. 2388
Sponsor: SENATOR KILLION
Printer's No. 3592
Amend Bill, page 2, lines 3 through 30; page 3, lines 1
through 12; by striking out all of said lines on said pages and
inserting
ARTICLE I-A
EMERGENCY COVID-19 PROVISIONS
Section 101-A. Definitions.
The following words and phrases when used in this article
shall have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Order." The Governor's 20200319 TWW COVID-19 Business
Closure Order.
"Secretary." The Secretary of Community and Economic
Development of the Commonwealth.
Section 102-A. Vehicle dealer waiver provisions.
(a) Waiver.--The secretary shall immediately issue a waiver
to the order to all dealers or other vehicle-related businesses
that comply with section 108-A.
(b) Definitions.--As used in this section, the term "dealer"
shall have the same meaning as provided in 75 Pa.C.S. § 102
(relating to definitions).
Section 103-A. Lawn and garden centers waiver provisions.
The secretary shall immediately issue a waiver to the order
to all lawn and garden equipment and supplies stores that comply
with section 108-A.
Section 104-A. Cosmetology salon and barber shop waiver
provisions.
(a) Waiver.--The secretary shall immediately issue a waiver
to the order to allow:
(1) all activities by licensed barbers as defined under
section 2.1 of the act of June 19, 1931 (P.L.589, No.202),
referred to as the Barbers' License Law,; and
(2) all activities pertaining to the embellishment,
cleanliness and beautification of the human hair by licensed
cosmetologists as defined under section 1 of the act of May
3, 1933 (P.L.242, No.86), referred to as the Cosmetology Law.
(b) Mitigation measures.--Waivers under subsection (a) shall
only be issued to business activities that can do all of the
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following to protect workers and customers from and mitigate the
spread of COVID-19:
(1) comply with applicable mitigation measures defined
by the Occupational Health and Safety Administration and the
Department of Health and additional measures prescribed by
the State Board of Barber Examiners and the State Board of
Cosmetology;
(2) require that employees wear masks and gloves at all
times;
(3) serve customers by appointment only to ensure the
lowest possible amount of customers and employees at a time
in order to comply with social distancing guidelines;
(4) require customers to either wash hands with soap and
water or hand sanitizer upon entering unless wearing gloves;
(5) ensure that customers wear masks at all times and
maintain at least six feet of distance between other
customers;
(6) remove all reading and other materials from waiting
areas beside seating for customers;
(7) prohibit individuals on the premises without an
appointment unless accompanying a customer under the age of
18; and,
(8) wipe down chairs, surfaces and other equipment used
on a customer with acceptable cleaning materials after every
customer.
Section 105-A. Messenger service and agent service activities
waiver provisions.
(a) Waiver.--The secretary shall immediately issue a waiver
to order to messenger service and agent service activities that
comply with section 108-A.
(b) Definitions.--As used in this section, the terms
"messenger service" and "agent service" shall have the same
meaning as provided in 75 Pa.C.S. § 102 (relating to
definitions).
Section 106-A. Animal grooming services waiver provisions.
The secretary shall immediately issue a waiver to the order
to animal grooming services that comply with section 108-A.
Section 107-A. Manufacturing operations waiver provisions.
(a) Waiver.--The secretary shall immediately issue a waiver
to the order to all manufacturing operations that comply with
section 108-A.
(b) Definition.--As used in this section, the term
"manufacturing operations" shall include the performance as a
business of an integrated series of operations which places
personal property in a form, composition or character different
from that in which it was acquired whether for sale or use by
the manufacturer beginning with the first production operation
and ending with the packaging of the product for the ultimate
consumer.
Section 108-A. Compliance.
A business shall adhere to social distancing practices and
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other mitigation measures defined by the Centers for Disease
Control and Prevention to protect workers and to mitigate the
spread of the COVID-19 virus and the order of the Secretary of
Health directing public health safety measures for businesses
permitted to maintain in-person operations.
Section 109-A. Effect of subsequent orders.
A waiver granted under this article shall remain valid
notwithstanding any order issued pursuant to the declaration of
disaster emergency issued by the Governor on March 6, 2020,
published in 50 Pa.B. 1644 (March 21, 2020), or any renewal of
the declaration of disaster emergency, unless the order removes
any of the restrictions or otherwise grants greater permissions
for operations than are provided under this article.
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See A05525 in
the context
of HB2388