Regular Session 2019-2020 House Bill 1822 P.N. 3595

PRIOR PRINTER'S NOS. 2484, 3503

PRINTER'S NO. 3595

THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

No.

1822

Session of

2019

INTRODUCED BY M. K. KELLER, GALLOWAY, BERNSTINE, BOBACK, CIRESI,

GAYDOS, GLEIM, JONES, JOZWIAK, KAUFER, LONGIETTI, MILLARD,

PYLE, SAYLOR, ZABEL AND ZIMMERMAN, SEPTEMBER 17, 2019

AS RE-REPORTED FROM COMMITTEE ON APPROPRIATIONS, HOUSE OF

REPRESENTATIVES, AS AMENDED, APRIL 20, 2020

AN ACT

Amending the act of April 9, 1929 (P.L.343, No.176), entitled,

as amended, "An act relating to the finances of the State

government; providing for cancer control, prevention and

research, for ambulatory surgical center data collection, for

the Joint Underwriting Association, for entertainment

business financial management firms, for private dam

financial assurance and for reinstatement of item vetoes;

providing for the settlement, assessment, collection, and

lien of taxes, bonus, and all other accounts due the

Commonwealth, the collection and recovery of fees and other

money or property due or belonging to the Commonwealth, or

any agency thereof, including escheated property and the

proceeds of its sale, the custody and disbursement or other

disposition of funds and securities belonging to or in the

possession of the Commonwealth, and the settlement of claims

against the Commonwealth, the resettlement of accounts and

appeals to the courts, refunds of moneys erroneously paid to

the Commonwealth, auditing the accounts of the Commonwealth

and all agencies thereof, of all public officers collecting

moneys payable to the Commonwealth, or any agency thereof,

and all receipts of appropriations from the Commonwealth,

authorizing the Commonwealth to issue tax anticipation notes

to defray current expenses, implementing the provisions of

section 7(a) of Article VIII of the Constitution of

Pennsylvania authorizing and restricting the incurring of

certain debt and imposing penalties; affecting every

department, board, commission, and officer of the State

government, every political subdivision of the State, and

certain officers of such subdivisions, every person,

association, and corporation required to pay, assess, or

collect taxes, or to make returns or reports under the laws

imposing taxes for State purposes, or to pay license fees or

<--

other moneys to the Commonwealth, or any agency thereof,

every State depository and every debtor or creditor of the

Commonwealth," PROVIDING FOR COVID-19 EFFECT ON EMPLOYMENT;

in Local Government Capital Project Loan Fund, further

providing for definitions, for assistance to municipalities

and for powers and duties of department.; AND, IN 2019-2020

RESTRICTIONS ON APPROPRIATIONS FOR FUNDS AND ACCOUNTS,

PROVIDING FOR TEMPORARY RESTRICTIONS ON SPECIAL FUNDS.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1. The definition of "municipality" in section 1602-

D of the act of April 9, 1929 (P.L.343, No.176), known as The

Fiscal Code, is amended to read:

SECTION 1. THE ACT OF APRIL 9, 1929 (P.L.343, NO.176), KNOWN

AS THE FISCAL CODE, IS AMENDED BY ADDING AN ARTICLE TO READ:

ARTICLE I-B

COVID-19 EFFECT ON EMPLOYMENT

SECTION 101-B. SCOPE OF ARTICLE.

THIS ARTICLE RELATES TO COVID-19 EFFECT ON EMPLOYMENT.

SECTION 102-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:

"COVID-19." 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), AND

ANY RENEWAL OF THE STATE OF DISASTER EMERGENCY.

SECTION 103-B. PROHIBITION.

(A) GENERAL RULE.--AS A RESULT OF AN INDIVIDUAL'S COMPLIANCE

WITH AN ORDER OF ISOLATION OR QUARANTINE OR WITH ANY OTHER

CONTROL MEASURE RELATING TO COVID-19, THE INDIVIDUAL'S EMPLOYER

MAY NOT TERMINATE, DEPRIVE, THREATEN OR OTHERWISE COERCE THE

INDIVIDUAL WITH RESPECT TO THE EMPLOYMENT, A SENIORITY POSITION

OR THE BENEFITS OF THE INDIVIDUAL.

20190HB1822PN3595 - 2 -

<--

(B) CONSTRUCTION.--NOTHING UNDER SUBSECTION (A) SHALL BE

CONSTRUED TO REQUIRE THE INDIVIDUAL'S EMPLOYER TO COMPENSATE THE

INDIVIDUAL FOR EMPLOYMENT TIME LOST BECAUSE OF ANY ISOLATION OR

QUARANTINE RELATING TO COVID-19.

SECTION 104-B. VIOLATIONS.

(A) PENALTY.--AN EMPLOYER VIOLATING THE PROVISIONS OF

SECTION 103-B SHALL BE SUBJECT TO THE PENALTY PROVISIONS UNDER

SECTION 20 OF THE ACT OF APRIL 23, 1956 (1955 P.L.1510, NO.500),

KNOWN AS THE DISEASE PREVENTION AND CONTROL LAW OF 1955.

(B) CIVIL ACTION.--IN ADDITION TO PENALTIES UNDER SECTION 20

OF THE DISEASE PREVENTION AND CONTROL LAW OF 1955 AND

NOTWITHSTANDING ANY OTHER PROVISION OF LAW, IF AN EMPLOYER

VIOLATES SECTION 103-B, THE INDIVIDUAL MAY BRING A CIVIL ACTION

FOR RECOVERY OF WAGES AND BENEFITS LOST AS A RESULT OF THE

VIOLATION AND FOR AN ORDER REQUIRING THE REINSTATEMENT OF THE

INDIVIDUAL. DAMAGES RECOVERABLE MAY NOT EXCEED WAGES AND

BENEFITS ACTUALLY LOST. IF THE INDIVIDUAL PREVAILS, THE

INDIVIDUAL SHALL BE ALLOWED REASONABLE ATTORNEY FEES FIXED BY

THE COURT.

SECTION 2. THE DEFINITION OF "MUNICIPALITY" IN SECTION 1602-

D OF THE ACT IS AMENDED TO READ:

Section 1602-D. Definitions.--As used in this article--

* * *

"Municipality" shall mean any borough, town, first class

township, second class township, third class city or county,

provided that the term shall not include any boroughs, towns,

townships, cities or counties which have a population in excess

of [12,000] 15,000.

Section 2 3. Sections 1603-D(a) and (b) and 1605-D of the

act are amended to read:

20190HB1822PN3595 - 3 -

<--

Section 1603-D. Assistance to Municipalities.--(a) The

department is hereby authorized, upon application of a

municipality, to make loans to the municipality for the

following purposes and in the following amounts:

1. Purchasing equipment. The amount of a loan made for

purchasing equipment shall not exceed [fifty thousand dollars

($50,000)] one hundred fifty thousand dollars ($150,000) for any

single piece of equipment or fifty per centum of the total cost

of the piece of equipment, whichever is less.

2. Purchasing, constructing, renovating or rehabilitating

facilities. The amount of a loan made for purchasing,

constructing, renovating or rehabilitating facilities shall not

exceed [one hundred thousand dollars ($100,000)] two hundred and

fifty thousand dollars ($250,000) for any single facility or

fifty per centum of the total cost for purchasing, constructing,

renovating or rehabilitating the facility, whichever is less.

(b) Loans made by the department for the purchase of

equipment shall be for a period not to exceed the useful life of

the equipment, and loans made for the purchase, construction,

renovation or rehabilitation of facilities shall be for a period

of not more than fifteen years. Loans shall be subject to the

payment of interest at [two per centum per annum and] a rate set

at the ten-year United States Treasury rate rounded to the

closest quarter point , not to exceed two per centum per annum .

Loan applications shall be subject to the interest rate in

effect at the time a complete application is submitted to the

department, which shall be the fixed rate for the full term of

the loan. Loans shall be subject to such security as shall be

determined by the department. The total amount of interest

earned by the investment or reinvestment of all or any part of

20190HB1822PN3595 - 4 -

the principal of any loan shall be returned to the department

and transferred to the fund and shall not be credited as payment

of principal or interest on the loan. The minimum amount of any

loan shall be one thousand dollars ($1,000). The municipality

shall comply with the approval requirements of 53 Pa.C.S. Ch. 80

Subch. C (relating to procedure for securing approval of

electors).

* * *

Section 1605-D. Powers and Duties of Department.--In

addition to the powers and duties conferred upon the department

under other provisions of law, the department shall have the

power and duty to:

1. Lend money for the purposes authorized by this article

over a term of years, but in no case in excess of [ten] fifteen

years.

2. Accept grants from the Federal Government and any other

individual, agency or government for use in the fund.

3. Prescribe the form of the application for a loan pursuant

to this article.

4. Advise a municipality regarding the financial ability of

the municipality to purchase equipment or to purchase,

construct, renovate or rehabilitate facilities.

5. Assist a municipality in taking advantage of joint

purchasing arrangements and of opportunities to purchase surplus

equipment from the Commonwealth or other political subdivisions.

6. Require security for a loan, if determined to be

necessary.

7. Specify priority of liens against any facilities or

equipment purchased by a municipality using funds loaned

pursuant to this article, if determined to be necessary.

20190HB1822PN3595 - 5 -

8. Establish a schedule which provides at least an annual

opportunity for municipalities to apply for and receive loans.

Section 3 4. This act shall take effect in 60 days.

SECTION 4. THE ACT IS AMENDED BY ADDING A SECTION TO READ:

SECTION 1727-K. TEMPORARY RESTRICTIONS ON SPECIAL FUNDS.--

(A) NOTWITHSTANDING SECTION 1726-K, AFTER THE EFFECTIVE DATE OF

THIS SECTION, NO DEPARTMENT, COMMISSION, AGENCY, OFFICE OR

AUTHORITY OF THE GOVERNOR OR THE COMMONWEALTH SHALL ENTER INTO

ANY CONTRACT WHICH WOULD REQUIRE THE EXPENDITURE OF MONEY FROM

THE FOLLOWING SPECIAL FUNDS:

(1) AGRICULTURAL CONSERVATION EASEMENT PURCHASE FUND.

(2) BEN FRANKLIN TECHNOLOGY DEVELOPMENT AUTHORITY FUND.

(3) COMPULSIVE AND PROBLEM GAMBLING TREATMENT FUND.

(4) CONSERVATION DISTRICT FUND.

(4) ENERGY DEVELOPMENT FUND.

(5) ENVIRONMENTAL EDUCATION FUND.

(6) ENVIRONMENTAL STEWARDSHIP FUND.

(7) HISTORICAL PRESERVATION FUND.

(8) INDUSTRIAL DEVELOPMENT FUND.

(9) JUSTICE REINVESTMENT FUND.

(10) KEYSTONE RECREATION, PARK AND CONSERVATION FUND.

(11) MINORITY BUSINESS DEVELOPMENT FUND.

(12) PA EHEALTH PARTNERSHIP FUND.

(13) PA INFRASTRUCTURE BANK.

(14) RECYCLING FUND.

(15) SOLID WASTE-RESOURCE RECOVERY DEVELOPMENT FUND.

(16) HIGHWAY BEAUTIFICATION FUND.

(B) THIS SECTION SHALL EXPIRE ON THE DAY AFTER EITHER OF THE

FOLLOWING ARE TERMINATED BY EXECUTIVE ORDER, PROCLAMATION OR

OPERATION OF LAW, WHICHEVER IS LATER:

20190HB1822PN3595 - 6 -

<--

(1) THE PROCLAMATION OF DISASTER EMERGENCY ISSUED BY THE

GOVERNOR ON MARCH 6, 2020, PUBLISHED AT 50 PA.B. 1644 (MARCH 21,

2020).

(2) A DECLARATION OF DISASTER EMERGENCY RELATED TO THE NOVEL

CORONAVIRUS KNOWN AS "COVID-19" THAT IS ISSUED AFTER MARCH 6,

2020.

SECTION 5. THIS ACT SHALL TAKE EFFECT AS FOLLOWS:

(1) THE FOLLOWING PROVISIONS SHALL TAKE EFFECT

IMMEDIATELY:

(I) THE ADDITION OF ARTICLE I-B OF THE ACT.

(II) THE ADDITION OF SECTION 1727-K OF THE ACT.

(III) THIS SECTION.

(2) THE REMAINDER OF THIS ACT SHALL TAKE EFFECT IN 60

DAYS.

20190HB1822PN3595 - 7 -

<--