H2388B3719A05572 AJM:EJH 05/12/20 #90 A05572
AMENDMENTS TO HOUSE BILL NO. 2388
Sponsor: SENATOR SCHWANK
Printer's No. 3719
Amend Bill, page 1, line 21, by inserting after "provisions"
and for employee unemployment compensation protection
Amend Bill, page 2, lines 1 and 2, by striking out "an
article" and inserting
articles
Amend Bill, page 6, by inserting between lines 20 and 21
ARTICLE II-B
EMPLOYEE UNEMPLOYMENT COMPENSATION PROTECTION
Section 201-B. 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:
"Business." A business, industry or trade operating with a
physical location in this Commonwealth regardless of whether
that physical location is open to the public.
"Business reopening plan." A multiple phase plan developed
by the Commonwealth for the gradual reopening of businesses that
are subject to a business closure order pursuant to a
declaration of public health emergency.
"CARES Act." The Federal Coronavirus Aid, Relief, and
Economic Security Act (Public Law 116-136, 134 Stat. 281).
"COVID-19." The novel coronavirus, otherwise known as COVID-
19.
"Employee." An individual employed by a business.
"Infectious disease." A disease that is caused by a
microorganism, such as a bacterium, virus, or protozoan, that is
not normally found in the human body and is capable of causing
infection. Some, but not all, infectious diseases are
contagious, meaning they can spread from person to person,
including COVID-19 or the coronavirus. Other infectious diseases
can spread from animals or insects to humans, but not from
person to person.
"Intermediate reopening phase." A phase of a business
reopening plan developed to address business operations during a
public health emergency where specific non-life-sustaining
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businesses within a specified county of the Commonwealth are
authorized to reopen and conduct limited in-person and physical
operations in compliance with guidance issued by the Centers for
Disease Control and Prevention for businesses to plan and
respond to COVID-19 or any other infectious disease, and the
guidance on business practices issued by the Department of
Health to address COVID-19 or any other infectious disease.
"Life-sustaining business." A business that is designated as
a life-sustaining business pursuant to a declaration of public
health emergency issued by the Governor and any subsequent
guidance.
"Public health emergency." An emergency declaration by the
Governor of an occurrence or imminent threat of a disease or
condition of critical public health importance with the
following characteristics:
(1) Is believed to be caused by any of the following:
(i) the emergence and spread of a novel or
previously controlled or eradicated infectious disease;
or
(ii) an infectious disease epidemic in this
Commonwealth or a pandemic.
(2) Poses a high probability of any of the following in
the affected population:
(i) Death.
(ii) Serious or long-term disabilities.
(iii) Widespread exposure to an infectious disease
that poses a significant risk of substantial present or
future harm to the public health and safety.
Section 202-B. Employee unemployment compensation protection.
Notwithstanding any provision of law, an employee who is
employed by a business that is subject to a business closure
order issued by the Governor during a public health emergency
shall remain eligible for the following assistance during the
period when the business is authorized for limited operations
under an intermediate reopening phase, if the employee is
recalled to work at the business and the employee declines to
return to work due to a concern that returning to work at the
business during the intermediate reopening phase will place the
employee's health at risk:
(1) Pandemic unemployment assistance under section 2102
of the CARES Act.
(2) Emergency increase in unemployment compensation
benefits under section 2104 of the CARES Act.
(3) Pandemic emergency unemployment compensation under
section 2017 of the CARES Act.
(4) Unemployment compensation received from the
Commonwealth under the act of December 5, 1936 (2nd Sp.Sess.,
1937 P.L.2897, No.1), known as the Unemployment Compensation
Law.
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