Trial Engrossment of Amendment A05583 to House Bill 2412 P.N. 3720, Regular Session 2019-2020

SENATE AMENDED

A05583

THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

No.

2412

Session of

2020

INTRODUCED BY POLINCHOCK, CIRESI, BARRAR, SCHLEGEL CULVER,

ECKER, JAMES, JONES, KAUFFMAN, KULIK, MACKENZIE, MALAGARI,

MEHAFFIE, MIHALEK, PUSKARIC, ROTHMAN, ROWE, RYAN, SCHMITT,

STAATS, STEPHENS, STRUZZI, TOEPEL, COX, NELSON, TOMLINSON,

KNOWLES, BOROWICZ, KLUNK, JOZWIAK, SIMMONS, READSHAW, SAPPEY,

MOUL, FEE, ZIMMERMAN, SHUSTERMAN, LEWIS, ULLMAN, DeLUCA,

KEEFER, ROZZI, GILLEN, T. DAVIS, OWLETT, HICKERNELL, THOMAS,

BOBACK, B. MILLER, MENTZER, MUSTELLO, MIZGORSKI, RIGBY, HELM,

METCALFE, FARRY, WHEELAND, KORTZ AND BROOKS, APRIL 16, 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:

(1) all real estate activities of brokers, salespersons

and licensees as those terms are defined under the act of

February 19, 1980 (P.L.15, No.9), known as the Real Estate

Licensing and Registration Act, that involve the following:

(i) meetings by licensees, under the supervision of

their brokers, with prospective home buyers and tenants,

when necessary, at residences currently listed for sale

in a public forum for the purposes of facilitating a sale

of real estate, which meetings may include virtual walk-

throughs where the licensees are alone and using a

digital tool to relay the home details to the prospective

buyers or tenants;

(ii) designations by a broker of one essential,

nonlicensed employee to enter the brokerage for the

purpose of collecting contracts, addenda, deposits, rent

or other items necessary to facilitate real estate

transactions; and

(iii) entering, by licensees and an individual named

as a party to the contract, of properties that are within

72 hours of settlement for the purposes of evaluating

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requested repairs negotiated between the parties to the

contract;

(2) activities of residential home inspection providers,

including ancillary inspectors of wood infestation, radon

levels, water contamination and on-lot sewage functionality,

to enter, individually and separately, properties currently

listed for sale by a broker, under the supervision of the

broker;

(3) activities of real estate professionals and video or

virtual tour creators and other professionals serving the

public need for real estate information, while obeying the

Governor's order to enter a residence for which a broker has

a signed contract to provide real estate service, including

allowing for one-time collection of digital media under the

broker's supervision;

(4) activities of settlement service providers, working

in conjunction with a broker, to designate essential

employees for the purpose of executing mortgage documents,

transferring deeds and other necessary documents in person

that can adhere to the 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

(5) legal services provided by attorneys at law as long

as those services are provided in a manner consistent with

the Centers for Disease Control and Prevention's social

distancing guidelines related to the COVID-19 pandemic at the

time the services are provided.

(a.1) Mitigation measures.--Waivers under subsection (a)

shall only be issued to business activities that can adhere to

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applicable mitigation measures defined by the Centers for

Disease Control and Prevention, Occupational Health and Safety

Administration and the Department of Health to protect workers

from and mitigate the spread of COVID-19. A business receiving a

waiver under subsection (a) shall implement the applicable

mitigation measures.

(b) Other real estate actions.--Until 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, is terminated or expires under

35 Pa.C.S. § 7301(c) (relating to general authority of

Governor):

(1) Municipal use and occupancy or code enforcement

actions by a municipality under law shall be suspended, or

conditionally granted, if the municipality has not made

alternate provisions for facilitating the grant of a

certificate of occupancy during the proclamation.

(2) Taxing authorities and public utilities shall

provide alternative means for residential home buyers or

title insurers to ascertain the current status of tax

payments or overdue utility obligations.

Commonwealth shall enforce compliance with the provisions of

subsection (a)(1).

ARTICLE I-A

EMERGENCY COVID-19 PROVISIONS

SECTION 101-A. REAL ESTATE 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 PROVIDERS OF

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LEGAL SERVICES, AND RESIDENTIAL AND COMMERCIAL REAL ESTATE

SERVICES, INCLUDING SETTLEMENT SERVICES, THAT COMPLY WITH

SECTION 102-A.

(B) OTHER REAL ESTATE ACTIONS.--UNTIL 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, IS TERMINATED OR EXPIRES UNDER

35 PA.C.S. § 7301(C) (RELATING TO GENERAL AUTHORITY OF

GOVERNOR):

(1) A MUNICIPALITY OR MUNICIPAL AUTHORITY THAT REQUIRES

A USE AND OCCUPANCY CERTIFICATE, OR ANY OTHER SIMILAR

CERTIFICATE OR CERTIFICATION AS A CONDITION OF A PROPERTY

TRANSFER, SHALL BE PRESUMED TO HAVE ISSUED A FULL AND

UNCONDITIONAL PERMIT WITHOUT REQUIRING AN INSPECTION OF THE

PROPERTY. IF A CERTIFICATE IS PRESUMED TO BE ISSUED, THE

MUNICIPALITY OR MUNICIPAL AUTHORITY SHALL BE ENJOINED FROM

CONDUCTING A PROPERTY TRANSFER INSPECTION AFTER THE

PROCLAMATION HAS TERMINATED OR EXPIRED.

(2) TAXING AUTHORITIES AND PUBLIC UTILITIES SHALL

PROVIDE ALTERNATIVE MEANS FOR RESIDENTIAL HOME BUYERS OR

TITLE INSURERS TO ASCERTAIN THE CURRENT STATUS OF TAX

PAYMENTS OR OVERDUE UTILITY OBLIGATIONS.

"PROVIDERS OF RESIDENTIAL AND COMMERCIAL REAL ESTATE SERVICES"

SHALL MEAN:

(1) REAL ESTATE BROKERS AND ALL AFFILIATED LICENSEES AND

UNLICENSED EMPLOYEES.

(2) HOME INSPECTORS, PROFESSIONAL ENGINEERS AND

ARCHITECTS.

(3) ANY OTHER PROFESSIONAL CONTRACTOR, INSPECTOR OR

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OTHER SERVICE PROVIDER THAT IS PROVIDING AN INSPECTION THAT

IS INCLUDED AS A CONTINGENT PROVISION OF A REAL ESTATE

AGREEMENT OF TRANSFER OR LEASE.

(4) REAL ESTATE APPRAISERS.

(5) PHOTOGRAPHERS OR VIDEOGRAPHERS ENGAGED IN COLLECTING

DIGITAL MEDIA FOR REAL ESTATE MARKETING PURPOSES.

(6) TITLE AGENTS, ATTORNEYS AND NOTARIES PROVIDING

SETTLEMENT SERVICES.

SECTION 102-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 103-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 IN 50 PA.B. 1644 (MARCH 21, 2020), OR ANY RENEWAL

THEREOF, 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:

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" 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.

" 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 nonlife-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.

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" 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

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

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business during the intermediate reopening phase will place the

employee's health at risk:

(1) Pandemic unemployment assistance under section 2102

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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