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SENATE AMENDED
PRIOR PRINTER'S NOS. 3535, 3592
PRINTER'S NO. 3719
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
2388
Session of
2020
INTRODUCED BY MIHALEK, HEFFLEY, DUNBAR, TURZAI, KNOWLES, O'NEAL,
SIMMONS, WARNER, SCHMITT, ORTITAY, MACKENZIE, GREGORY, RYAN,
JAMES, KEEFER, ROWE, BERNSTINE, BARRAR, ECKER, STAATS,
SCHLEGEL CULVER, HAHN, KAUFFMAN, KAIL, MARSHALL, MIZGORSKI,
OWLETT, MENTZER, JONES, STRUZZI, ZIMMERMAN, NELSON, GLEIM,
SAYLOR, MUSTELLO, TOBASH, MASSER, FEE, METCALFE, BOROWICZ,
COOK, HERSHEY, CAUSER AND LEWIS, APRIL 7, 2020
SENATOR KILLION, COMMUNITY, ECONOMIC AND RECREATIONAL
DEVELOPMENT, IN SENATE, AS AMENDED, MAY 11, 2020
AN ACT
Amending the act of April 9, 1929 (P.L.177, No.175), entitled
"An act providing for and reorganizing the conduct of the
executive and administrative work of the Commonwealth by the
Executive Department thereof and the administrative
departments, boards, commissions, and officers thereof,
including the boards of trustees of State Normal Schools, or
Teachers Colleges; abolishing, creating, reorganizing or
authorizing the reorganization of certain administrative
departments, boards, and commissions; defining the powers and
duties of the Governor and other executive and administrative
officers, and of the several administrative departments,
boards, commissions, and officers; fixing the salaries of the
Governor, Lieutenant Governor, and certain other executive
and administrative officers; providing for the appointment of
certain administrative officers, and of all deputies and
other assistants and employes in certain departments, boards,
and commissions; providing for judicial administration; and
prescribing the manner in which the number and compensation
of the deputies and all other assistants and employes of
certain departments, boards and commissions shall be
determined," providing for emergency COVID-19 provisions.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. The act of April 9, 1929 (P.L.177, No.175), known
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as The Administrative Code of 1929, is amended by adding an
article to read:
ARTICLE I-A
EMERGENCY COVID-19 PROVISIONS
Section 101-A. Extension of waiver provisions.
(a) General rule.-- The Secretary of Community and Economic
Development shall immediately issue a waiver to the Governor's
20200319 TWW COVID 19 Business Closure Order to all vehicle
dealer activities that can adhere to the social distancing
practices and other mitigation measures defined by the Centers
for Disease Control to protect workers and to mitigate the
spread of the COVID-19 virus.
(b) Required protection for employees.--All businesses that
receive a waiver and operate under subsection (a) shall also
provide, at minimum, the following protections for an essential
employee:
(1) Additional hazard pay, relative to the employee's
risk of exposure.
(2) Appropriate new personal protective equipment at the
start of every shift. Personal protective equipment shall
include, but not be limited to, gloves and a mask.
(3) A work environment that maximizes the safety of the
employee and the public, including, but not limited to,
social distancing and barriers.
(4) Cleaning areas with adequate soap and water and
breaks to frequently engage in hand washing.
(5) Leave for sickness, which shall be compensated at
the employee's normal wage.
(6) Information by the business if a coworker has been
tested for COVID-19 and the results of those tests when
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available.
(c) Violation.--A business operating in this Commonwealth
under a waiver under subsection (a) that violates any
requirement under subsection (b) shall be immediately closed and
may not be permitted to reopen until the business is in
compliance.
(d) Definitions.--The following words and phrases when used
in this section shall have the meanings given to them in this
subsection unless the context clearly indicates otherwise:
"Essential employee." An employee of a business who is
required by the employee's employer to report to work at a
physical location.
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.
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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
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;
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(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 THE 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
"M ANUFACTURING OPERATIONS" SHALL INCLUDE THE PERFORMANCE AS A
BUSINESS OF AN INTEGRATED SERIES OF OPERATIONS WHICH PLACES
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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
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 AT 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.
Section 2. This act shall take effect immediately.
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