Trial Engrossment of Amendment A05572 to House Bill 2388 P.N. 3719, Regular Session 2019-2020

SENATE AMENDED

A05572

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 and

for employee unemployment compensation protection.

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

as The Administrative Code of 1929, is amended by adding an

article articles 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

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tested for COVID-19 and the results of those tests when

available.

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).

A05572 - 3 -

SECTION 103-A. LAWN AND GARDEN CENTERS WAIVER PROVISIONS.

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

A05572 - 4 -

WATER OR HAND SANITIZER UPON ENTERING UNLESS WEARING GLOVES;

(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

A05572 - 5 -

BUSINESS OF AN INTEGRATED SERIES OF OPERATIONS WHICH PLACES

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.

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.

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"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

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

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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;

(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

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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.

Section 2. This act shall take effect immediately.

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