S0327B1655A05567 MSP:JMT 05/12/20 #90 A05567
AMENDMENTS TO SENATE BILL NO. 327
Sponsor: SENATOR SCARNATI
Printer's No. 1655
Amend Bill, page 1, line 28, by inserting after "TOLLING"
and for COVID-19 county emergency mitigation plan for
businesses
Amend Bill, page 4, line 3, by striking out the comma after
"agency" and inserting
or
Amend Bill, page 4, lines 3 and 4, by striking out "or other
State-authorized entity "
Amend Bill, page 4, line 6, by striking out the comma after
"agencies" and inserting
and
Amend Bill, page 4, lines 6 and 7, by striking out "or other
State- authorized entities "
Amend Bill, page 4, line 8, by striking out "June" and
inserting
September
Amend Bill, page 4, line 12, by inserting after
"authorities."
Each agency identified under this section shall provide to
the Treasury Department, within 30 days following the effective
date of this section, information as may be requested by the
Treasury Department, including the following, related to all
outstanding debt obligations of the agency:
(1) Total outstanding amount of all obligations.
(2) Most recent audited financial statement of the
agency.
(3) Description of each obligation, identifying senior
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or subordinate debt and Federal tax treatment.
(4) Account of all security pledged for each obligation.
(5) Most recent rating associated with each debt
obligation, including rate covenant and maturity date.
(6) List of all additional associated agency obligations
or covenants.
(7) Annual debt service cost, debt service fund and debt
service reserve fund for each debt obligation.
(8) Risk factors and disclosure statements associated
with each debt obligation.
(9) Pending litigation that may financially impact the debt
obligations of the agency.
Amend Bill, page 14, line 13, by striking out "an article"
and inserting
articles
Amend Bill, page 18, by inserting between lines 25 and 26
ARTICLE XXVIII-H
COVID-19 COUNTY EMERGENCY MITIGATION
PLAN FOR BUSINESSES
Section 2801-H. COVID-19 County Emergency Mitigation Plan for
Businesses.
(a) Mitigation plan.--Notwithstanding 35 Pa.C.S. § 7301
(relating to general authority of Governor), sections 2102 and
2106 of the act of April 9, 1929 (P.L.177, No.175), known as The
Administrative Code of 1929, section 8(a) of the act of April
27, 1905 (P.L.312, No.218), entitled "An act creating a
Department of Health, and defining its powers and duties," and
section 5 of the act of April 23, 1956 (1955 P.L.1510, No.500),
known as the Disease Prevention and Control Law of 1955, the
governing body of a county, in consultation with its county
emergency management agency, county health department, county
health officer or any other appropriate health or emergency
management official, may develop and implement a countywide plan
to mitigate the spread of COVID-19 for businesses in accordance
with subsection (b). The countywide mitigation plan, including
any modifications to the countywide mitigation plan authorized
under subsection (e), shall be published on the county's
publicly accessible Internet website.
(b) Development.--The countywide mitigation plan shall
provide as follows:
(1) All businesses identified as "essential critical
infrastructure" in an advisory memorandum on identification
of essential critical infrastructure workers during COVID-19
response, as published by the United States Cybersecurity and
Infrastructure Security agency (CISA), and which operate
using recommended guidance for mitigating exposure to COVID-
19 from the Centers for Disease Control and Prevention and
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the order of the Secretary of Health directing public health
safety measures for businesses permitted to maintain in-
person operations shall be permitted to operate within the
county.
(2) For a business not included in an advisory
memorandum on identification of essential critical
infrastructure workers during COVID-19 response, as published
by CISA, the business shall be permitted to operate within a
county if the business:
(i) complies with recommended guidance for
mitigating exposure to COVID-19 from the Centers for
Disease Control and Prevention and the order of the
Secretary of Health directing public health safety
measures for businesses permitted to maintain in-person
operations; and
(ii) has not been designated in the countywide
mitigation plan as a disallowed industry.
(3) Any business authorized to operate by the Governor
shall be authorized to operate under a countywide mitigation
plan.
(c) Compliance.--Notwithstanding the orders issued by the
Governor and the Secretary of Health relating to the closure of
nonlife-sustaining businesses on March 19, 2020, as may be
amended or superseded by subsequent business operation executive
orders, and the Statewide stay-at-home order issued by the
Governor and the Secretary of Health on April 1, 2020, as may be
amended or superseded by subsequent executive orders, a business
that complies with the requirements of the county mitigation
plan may operate within the county and individuals may leave
their residence for the purpose of performing work for the
business or patronizing the business.
(d) Limitation.--Nothing in this section shall be construed
to:
(1) require a county to rescind a local declaration of
emergency relating to COVID-19; or
(2) revoke, rescind or overrule 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.
(e) Modification.--At any time, the governing body of a
county may take an action to modify the countywide mitigation
plan to expand or restrict the industries authorized to operate
in the county or rescind the countywide mitigation plan
entirely. Advance notice of an action to modify or rescind a
countywide mitigation plan shall be published on the county's
publicly accessible Internet website no later than two days
before the implementation of the action.
(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:
"Business." Any corporation, partnership, limited liability
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company, limited liability partnership, business trust, sole
proprietor or any other individual or entity doing business and
operating within a physical location in this Commonwealth,
regardless of whether the physical location is open to the
public.
"County." A county or home rule charter county of any
classification.
"COVID-19." The novel coronavirus as identified in the
declaration of disaster emergency issued by the Governor on
March 6, 2020, published at 50 Pa.B 1644 (March 21, 2020).
"Disallowed industry." An industry that has been prohibited
under the county mitigation plan. The term shall not include an
industry that includes a business that is authorized to operate
pursuant to any of the following:
(1) A business identified as "essential critical
infrastructure" in an advisory memorandum on identification
of essential critical infrastructure workers during COVID-19
response, published by CISA.
(2) A business authorized to operate by the Governor.
"Governing body." The Board of County Commissioners or the
county executive or other person exercising the functions of the
county executive in a county without a board of county
commissioners.
"Industry." A particular form or branch of economic or
commercial activity.
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