PRIOR PRINTER'S NO. 3514
PRINTER'S NO. 3566
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
2376
Session of
2020
INTRODUCED BY ROAE, SCHMITT, FRITZ, STRUZZI, RYAN, METCALFE,
COX, KLUNK, GAYDOS, TURZAI, GILLEN, JONES, ZIMMERMAN, RAPP,
BERNSTINE, ROWE, GLEIM, READSHAW, B. MILLER, COOK, MASSER AND
DUSH, APRIL 3, 2020
AS AMENDED ON SECOND CONSIDERATION, HOUSE OF REPRESENTATIVES,
APRIL 14, 2020
AN ACT
Amending Title 35 (Health and Safety) of the Pennsylvania
Consolidated Statutes, in Commonwealth services, providing
for retail store closure during declaration of disaster
emergency AND FOR CONTACTLESS AND CURBSIDE BUSINESS
OPERATIONS DURING DECLARATION OF DISASTER EMERGENCY.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Title 35 of the Pennsylvania Consolidated
Statutes is amended by adding a section SECTIONS to read:
§ 7309. Retail store closure during declaration of disaster
emergency.
Notwithstanding the provisions of this chapter or any other
provision of law to the contrary, the Governor may not close a
retail store during a declaration of disaster emergency under
section 7301 (relating to general authority of Governor) if the
retail store:
(1) restricts access during a declaration of disaster
emergency to one customer in the retail store facility at a
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time; and
(2) restricts store operations to one employee in the
retail store facility at a time.
SECTION 7310. CONTACTLESS AND CURBSIDE BUSINESS OPERATIONS
DURING DECLARATION OF DISASTER EMERGENCY.
(A) GENERAL RULE.--A CORPORATION FOR PROFIT AND A
CORPORATION NOT-FOR-PROFIT SHALL BE PERMITTED, UNDER A
DECLARATION BY THE GOVERNOR OF DISASTER EMERGENCY UNDER 35
PA.C.S. § 7301(C) (RELATING TO GENERAL AUTHORITY OF GOVERNOR) ON
OR BEFORE MARCH 6, 2020, TO TRANSITION TO CONTACTLESS AND
CURBSIDE BUSINESS OPERATIONS FOR THE DURATION OF THE DECLARATION
OF DISASTER EMERGENCY. THE FOLLOWING SHALL APPLY:
(1) A CORPORATION FOR PROFIT AND CORPORATION NOT-FOR-
PROFIT SHALL:
(I) COMPLY WITH THE CENTERS FOR DISEASE CONTROL AND
PREVENTION'S INTERIM GUIDANCE FOR BUSINESSES AND
EMPLOYERS TO PLAN AND RESPOND TO CORONAVIRUS DISEASE 2019
(COVID-19), PROMULGATED UNDER THE FEDERAL PUBLIC HEALTH
EMERGENCY DECLARED ON JANUARY 31, 2020, UNDER SECTION 319
OF THE PUBLIC HEALTH SERVICE ACT (58 STAT. 682, 42 U.S.C.
§ 201 ET SEQ. 247D) IN RELATION TO SOCIAL DISTANCING AND
SANITATION PROTOCOLS.
(II) MAINTAIN EMPLOYEES NECESSARY TO SUPPORT TAKING
OF ORDERS THROUGH ONLINE, TELEPHONE OR OTHER MEANS WHEN
PERSONAL INTERACTION IS LIMITED DURING A TRANSACTION IF
EMPLOYEES ADHERE TO SOCIAL DISTANCING AND APPROPRIATE
SANITATION PROTOCOLS.
(III) PROVIDE CONTACTLESS LOCAL DELIVERY AND
CURBSIDE PICK-UP SERVICE OF ONLINE OR TELEPHONE ORDERS.
(IV) PROHIBIT CASH PAYMENTS FOR TRANSACTIONS.
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(2) ANY VIOLATION OF PARAGRAPH (1) SHALL RESULT IN THE
IMMEDIATE SUSPENSION OF BUSINESS OPERATIONS.
(B) 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:
"CORPORATION FOR PROFIT." AS DEFINED IN 15 PA.C.S. § 102
(RELATING TO DEFINITIONS).
"CORPORATION NOT-FOR-PROFIT." AS DEFINED IN 15 PA.C.S. §
102.
Section 2. All regulations and parts of regulations are
abrogated to the extent of any inconsistency with the provisions
of this act.
Section 3. This act shall take effect immediately.
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