Trial Engrossment of Amendment A04993 to Senate Bill 0613 P.N. 1629, Regular Session 2019-2020

HOUSE AMENDED

A04993

THE GENERAL ASSEMBLY OF PENNSYLVANIA

SENATE BILL

No.

613

Session of

2019

INTRODUCED BY MENSCH, APRIL 30, 2019

AS RE-REPORTED FROM COMMITTEE ON APPROPRIATIONS, HOUSE OF

REPRESENTATIVES, AS AMENDED, APRIL 7, 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," in administrative organization, repealing

provisions relating to employees with access to Federal tax

information and providing for REENACTING PROVISIONS RELATING

TO criminal history background checks of employees and

contractors with access to Federal tax information; AND

PROVIDING FOR COVID-19 EMERGENCY MITIGATION PLAN FOR

BUSINESSES.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1. Section 225 of the act of April 9, 1929 (P.L.177,

No.175), known as The Administrative Code of 1929, is repealed:

[Section 225. Employes with Access to Federal Tax

Information.--(a) As required under any Federal law, regulation

or published guidance from the Internal Revenue Service, an

employe or prospective employe whose duties and responsibilities

require or will require access to Federal tax information shall

submit all of the following to the employe's or prospective

employe's employer:

(1) A report of Federal criminal history record information.

(2) A report of criminal history record information from the

Pennsylvania State Police as provided under 18 Pa.C.S. Ch. 91

(relating to criminal history record information) or a statement

from the Pennsylvania State Police that the Pennsylvania State

Police central repository contains no information relating to

the individual. The criminal history record information shall be

limited to that which is disseminated under 18 Pa.C.S. § 9121(b)

(2) (relating to general regulations).

(3) Validation of the employe's or prospective employe's

eligibility to legally work in the United States.

(b) For the purpose of complying with subsection (a)(1), an

employe or prospective employe shall provide fingerprints to the

Pennsylvania State Police, its agent or an agent approved for

fingerprinting by the Federal Government. The fingerprints may

be used by the Pennsylvania State Police to conduct a criminal

background check and shall be forwarded to the Federal Bureau of

Investigation for a national criminal background check.

relating to an employe or prospective employe submitted to or

obtained by an employer or prospective employer under this

section shall be interpreted and used only to determine the

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employe's or prospective employe's character, fitness and

suitability to access Federal tax information.

(2) An employer may utilize information obtained under this

section for employment decisions, including hiring of an

applicant, promotion of a current employe or disciplinary action

against an employe regarding a position that requires access to

Federal tax information.

(3) An employer may receive and retain information

consistent with this section that is otherwise protected under

18 Pa.C.S. Ch. 91, subject to any requirements related to

redaction as specified in 18 Pa.C.S. § 9121(b)(2).

(d) An individual who has been cleared to access Federal tax

information under this section shall reapply for clearance under

subsections (a) and (b) within ten years of the issuance of the

prior clearance unless the employer participates in a program

exempting employes from clearance.

(e) A Commonwealth agency receiving Federal tax information

that transfers the Federal tax information to any other entity

except as it involves a Federal or State court or the Board of

Finance and Revenue as part of a legal proceeding before the

same may audit that entity to determine compliance with this

section.

(f) The Department of Revenue shall publish guidelines to

implement this section.

(g) 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:

"Employer." Any Commonwealth agency, office, department,

authority, board, multistate agency or commission of the

executive branch, an independent agency or State-affiliated

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entity, political subdivision or a contractor thereof, receiving

Federal tax information, even though the Federal tax information

may be forwarded to another Commonwealth agency, political

subdivision or contractor, from any of the following:

(1) The Internal Revenue Service.

(2) The Social Security Administration.

(3) Under section 6103 of the Internal Revenue Code of 1986

(Public Law 99-514, 26 U.S.C. § 6103).

(4) By exchange agreement approved by the Internal Revenue

Service.

(5) Any other secondary source.

"Federal tax information." Includes any "return" or "return

information" as defined in section 6103 of the Internal Revenue

Code of 1986.]

Section 2. The act is amended by adding a section to read:

Section 226. Criminal History Background Checks of Employes

and Contractors with Access to Federal Tax Information.--(a) An

agency shall require any current or prospective employe or

contractor whose duties and responsibilities require, or will

require, access to Federal tax information to submit to a

criminal history background check to be conducted by the

Pennsylvania State Police. A current or prospective employe or

contractor shall submit fingerprints and other identifying

information to the Pennsylvania State Police. An individual who

refuses to comply with this subsection will not be considered

suitable to access Federal tax information for purposes of

subsection (c).

(b) When a criminal history background check is requested

under subsection (a), the Pennsylvania State Police, or its

designee, shall do all of the following:

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(1) Provide the agency with a report of the individual's

criminal history record information as defined by 18 Pa.C.S. §

9102 (relating to definitions) or a statement that the

Pennsylvania State Police central repository contains no

information relating to the individual. The criminal history

record information shall be limited to that which is

disseminated under 18 Pa.C.S. § 9121(b)(2) (relating to general

regulations).

(2) Submit the individual's fingerprints to the Federal

Bureau of Investigation for a national criminal history records

check.

(3) Provide the agency with the national criminal history

record information of the individual. The information provided

under this subsection may not be limited by 18 Pa.C.S. § 9121(b)

(2).

or contractor submitted to or obtained by an agency under this

section shall be interpreted and used only to determine the

individual's character, fitness and suitability to access

Federal tax information. If an agency determines an individual

is not suitable to access Federal tax information, the agency

shall take appropriate action, including:

(1) declining to hire or utilize the services of the

individual;

(2) transferring the individual to a position that does not

require access to Federal tax information; or

(3) terminating the individual's employment.

(d) An agency may receive and retain information consistent

with this section that is otherwise protected under 18 Pa.C.S.

Ch. 91 (relating to criminal history record information),

A04993 - 5 -

subject to any requirements related to redaction as specified in

18 Pa.C.S. § 9121(b)(2) with respect to information described in

subsection (b)(1). All information received and retained by an

agency in accordance with this section shall be marked as

confidential and shall be excluded from any requirement of

public disclosure as a public record.

(e) An individual who has been determined suitable to access

Federal tax information under this section shall resubmit to a

criminal history background check under subsections (a) and (b)

within ten years of the individual's last check under this

section, unless the agency participates in a program exempting

employes from clearance.

(f) An agency receiving Federal tax information that

transfers the Federal tax information to any other entity except

as it involves a Federal or State court or the Board of Finance

and Revenue as part of a legal proceeding before the same may

audit that entity to determine compliance with this section.

(g) The Department of Revenue may publish guidelines to

implement this section.

(h) 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:

"Agency." A Commonwealth agency, office, department,

authority, board or commission of the executive branch or a

political subdivision receiving Federal tax information, even

though the Federal tax information may be forwarded to the

agency from or through any of the following:

(1) The Internal Revenue Service.

(2) The Social Security Administration.

(3) A permitted disclosure under section 6103 of the

A04993 - 6 -

Internal Revenue Code of 1986 (Public Law 99-514, 26 U.S.C. §

6103).

(4) By exchange agreement approved by the Internal Revenue

Service.

(5) Any other secondary source.

"Contractor." An individual who is not an employe of an

agency and performs work functions for an agency under the terms

of a written agreement, regardless of whether the written

agreement is directly with the agency or a third party.

"Federal tax information." Includes any "return" or "return

information" as defined in section 6103 of the Internal Revenue

Code of 1986.

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

SECTION 2. SECTION 226 OF THE ACT, ADDED JUNE 28, 2019

(P.L.101, NO.15), IS REENACTED TO READ:

SECTION 226. CRIMINAL HISTORY BACKGROUND CHECKS OF EMPLOYES

AND CONTRACTORS WITH ACCESS TO FEDERAL TAX INFORMATION.--(A) AN

AGENCY SHALL REQUIRE ANY CURRENT OR PROSPECTIVE EMPLOYE OR

CONTRACTOR WHOSE DUTIES AND RESPONSIBILITIES REQUIRE, OR WILL

REQUIRE, ACCESS TO FEDERAL TAX INFORMATION TO SUBMIT TO A

CRIMINAL HISTORY BACKGROUND CHECK TO BE CONDUCTED BY THE

PENNSYLVANIA STATE POLICE. A CURRENT OR PROSPECTIVE EMPLOYE OR

CONTRACTOR SHALL SUBMIT FINGERPRINTS AND OTHER IDENTIFYING

INFORMATION TO THE PENNSYLVANIA STATE POLICE. AN INDIVIDUAL WHO

REFUSES TO COMPLY WITH THIS SUBSECTION WILL NOT BE CONSIDERED

SUITABLE TO ACCESS FEDERAL TAX INFORMATION FOR PURPOSES OF

SUBSECTION (C).

(B) WHEN A CRIMINAL HISTORY BACKGROUND CHECK IS REQUESTED

UNDER SUBSECTION (A), THE PENNSYLVANIA STATE POLICE, OR ITS

DESIGNEE, SHALL DO ALL OF THE FOLLOWING:

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(1) PROVIDE THE AGENCY WITH A REPORT OF THE INDIVIDUAL'S

CRIMINAL HISTORY RECORD INFORMATION AS DEFINED BY 18 PA.C.S. §

9102 (RELATING TO DEFINITIONS) OR A STATEMENT THAT THE

PENNSYLVANIA STATE POLICE CENTRAL REPOSITORY CONTAINS NO

INFORMATION RELATING TO THE INDIVIDUAL. THE CRIMINAL HISTORY

RECORD INFORMATION SHALL BE LIMITED TO THAT WHICH IS

DISSEMINATED UNDER 18 PA.C.S. § 9121(B)(2) (RELATING TO GENERAL

REGULATIONS).

(2) SUBMIT THE INDIVIDUAL'S FINGERPRINTS TO THE FEDERAL

BUREAU OF INVESTIGATION FOR A NATIONAL CRIMINAL HISTORY RECORDS

CHECK.

(3) PROVIDE THE AGENCY WITH THE NATIONAL CRIMINAL HISTORY

RECORD INFORMATION OF THE INDIVIDUAL. THE INFORMATION PROVIDED

UNDER THIS SUBSECTION MAY NOT BE LIMITED BY 18 PA.C.S. § 9121(B)

(2).

OR CONTRACTOR SUBMITTED TO OR OBTAINED BY AN AGENCY UNDER THIS

SECTION SHALL BE INTERPRETED AND USED ONLY TO DETERMINE THE

INDIVIDUAL'S CHARACTER, FITNESS AND SUITABILITY TO ACCESS

FEDERAL TAX INFORMATION. IF AN AGENCY DETERMINES AN INDIVIDUAL

IS NOT SUITABLE TO ACCESS FEDERAL TAX INFORMATION, THE AGENCY

SHALL TAKE APPROPRIATE ACTION, INCLUDING:

(1) DECLINING TO HIRE OR UTILIZE THE SERVICES OF THE

INDIVIDUAL;

(2) TRANSFERRING THE INDIVIDUAL TO A POSITION THAT DOES NOT

REQUIRE ACCESS TO FEDERAL TAX INFORMATION; OR

(3) TERMINATING THE INDIVIDUAL'S EMPLOYMENT.

(D) AN AGENCY MAY RECEIVE AND RETAIN INFORMATION CONSISTENT

WITH THIS SECTION THAT IS OTHERWISE PROTECTED UNDER 18 PA.C.S.

CH. 91 (RELATING TO CRIMINAL HISTORY RECORD INFORMATION),

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SUBJECT TO ANY REQUIREMENTS RELATED TO REDACTION AS SPECIFIED IN

18 PA.C.S. § 9121(B)(2) WITH RESPECT TO INFORMATION DESCRIBED IN

SUBSECTION (B)(1). ALL INFORMATION RECEIVED AND RETAINED BY AN

AGENCY IN ACCORDANCE WITH THIS SECTION SHALL BE MARKED AS

CONFIDENTIAL AND SHALL BE EXCLUDED FROM ANY REQUIREMENT OF

PUBLIC DISCLOSURE AS A PUBLIC RECORD.

(E) AN INDIVIDUAL WHO HAS BEEN DETERMINED SUITABLE TO ACCESS

FEDERAL TAX INFORMATION UNDER THIS SECTION SHALL RESUBMIT TO A

CRIMINAL HISTORY BACKGROUND CHECK UNDER SUBSECTIONS (A) AND (B)

WITHIN TEN YEARS OF THE INDIVIDUAL'S LAST CHECK UNDER THIS

SECTION, UNLESS THE AGENCY PARTICIPATES IN A PROGRAM EXEMPTING

EMPLOYES FROM CLEARANCE.

(F) AN AGENCY RECEIVING FEDERAL TAX INFORMATION THAT

TRANSFERS THE FEDERAL TAX INFORMATION TO ANY OTHER ENTITY EXCEPT

AS IT INVOLVES A FEDERAL OR STATE COURT OR THE BOARD OF FINANCE

AND REVENUE AS PART OF A LEGAL PROCEEDING BEFORE THE SAME MAY

AUDIT THAT ENTITY TO DETERMINE COMPLIANCE WITH THIS SECTION.

(G) THE DEPARTMENT OF REVENUE MAY PUBLISH GUIDELINES TO

IMPLEMENT THIS SECTION.

(H) 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:

"AGENCY." A COMMONWEALTH AGENCY, OFFICE, DEPARTMENT,

AUTHORITY, BOARD OR COMMISSION OF THE EXECUTIVE BRANCH OR A

POLITICAL SUBDIVISION RECEIVING FEDERAL TAX INFORMATION, EVEN

THOUGH THE FEDERAL TAX INFORMATION MAY BE FORWARDED TO THE

AGENCY FROM OR THROUGH ANY OF THE FOLLOWING:

(1) THE INTERNAL REVENUE SERVICE.

(2) THE SOCIAL SECURITY ADMINISTRATION.

(3) A PERMITTED DISCLOSURE UNDER SECTION 6103 OF THE

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INTERNAL REVENUE CODE OF 1986 (PUBLIC LAW 99-514, 26 U.S.C. §

6103).

(4) BY EXCHANGE AGREEMENT APPROVED BY THE INTERNAL REVENUE

SERVICE.

(5) ANY OTHER SECONDARY SOURCE.

"CONTRACTOR." AN INDIVIDUAL WHO IS NOT AN EMPLOYE OF AN

AGENCY AND PERFORMS WORK FUNCTIONS FOR AN AGENCY UNDER THE TERMS

OF A WRITTEN AGREEMENT, REGARDLESS OF WHETHER THE WRITTEN

AGREEMENT IS DIRECTLY WITH THE AGENCY OR A THIRD PARTY.

"FEDERAL TAX INFORMATION." INCLUDES ANY "RETURN" OR "RETURN

INFORMATION" AS DEFINED IN SECTION 6103 OF THE INTERNAL REVENUE

CODE OF 1986.

SECTION 3. THE ACT IS AMENDED BY ADDING AN ARTICLE TO READ:

ARTICLE XXI-C

COVID-19 EMERGENCY MITIGATION PLAN FOR BUSINESSES

SECTION 2101-C. COVID-19 EMERGENCY MITIGATION PLAN FOR

BUSINESSES.

(A) GENERAL RULE.--NOTWITHSTANDING 35 PA.C.S. PART V

(RELATING TO EMERGENCY MANAGEMENT SERVICES), THE GOVERNOR SHALL

DEVELOP AND IMPLEMENT A PLAN TO MITIGATE THE SPREAD OF COVID-19

FOR BUSINESSES IN THIS COMMONWEALTH PURSUANT TO SUBSECTION (B).

THE PLAN SHALL BE PUBLISHED ON THE DEPARTMENT OF COMMUNITY AND

ECONOMIC DEVELOPMENT'S PUBLICLY ACCESSIBLE INTERNET WEBSITE

WITHIN SEVEN DAYS OF THE EFFECTIVE DATE OF THIS SECTION.

(B) MITIGATION PLAN FOR BUSINESS AND INDUSTRY.--THE PLAN

UNDER SUBSECTION (A) SHALL BE DEVELOPED USING RECOMMENDED

GUIDANCE FOR MITIGATING EXPOSURE TO COVID-19 FROM THE CENTERS

FOR DISEASE CONTROL AND PREVENTION AND SHALL CONFORM TO THE

MARCH 28, 2020, ADVISORY MEMORANDUM ON IDENTIFICATION OF

ESSENTIAL CRITICAL INFRASTRUCTURE WORKERS DURING COVID-19

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RESPONSE, AS PUBLISHED BY THE UNITED STATES CYBERSECURITY AND

INFRASTRUCTURE SECURITY AGENCY (CISA). Notwithstanding any other

provision of law, the plan shall include, at a minimum, all of

the following protections for an essential employee:

(1) The minimum wage for an essential employee shall be

$15 per hour.

(2) All essential employees shall be entitled to

additional hazard pay, relative to the employee's risk of

exposure.

(3) All essential employees shall be provided

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.

(4) All essential employees shall work in a manner, and

businesses shall provide an environment, that maximizes the

safety of an employee and the public, including, but not

limited to, the use of social distancing and barriers.

(5) All essential employees shall be provided employee

cleaning areas with adequate soap and water and breaks to

frequently engage in hand washing.

(6) All essential employees shall have access to hand

sanitizer between hand-washing breaks.

(7) All essential employees shall be granted leave for

sickness and shall be compensated at the same rate.

(8) All essential employees shall be informed by the

employer if a coworker has been tested for COVID-19 and the

results of those tests when available.

REQUIREMENTS OF THE MITIGATION PLAN DEVELOPED UNDER SUBSECTION

(B) MAY OPERATE IN THIS COMMONWEALTH. A business operating in

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this Commonwealth that violates any requirement of the

mitigation plan shall be immediately closed and may not be

permitted to reopen until the business is in compliance.

(c.1) Applicability.--The contraction of the COVID-19 virus

by an essential employee shall be considered a personal injury

to the employee under the act of June 2, 1915 (P.L.736, No.338),

known as the Workers' Compensation Act . The fact that the

essential employee contracted the COVID-19 virus shall establish

a presumption that the injury arose in the course of the

employee's employment within the meaning of the Workers'

Compensation Act. The presumption shall not be conclusive but

may be rebutted if the employer establishes that the employee

contracted the COVID-19 virus prior to any job-related exposure.

(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:

"BUSINESS." ANY BUSINESS, INDUSTRY OR TRADE OPERATING WITH A

PHYSICAL LOCATION IN THIS COMMONWEALTH, REGARDLESS OF WHETHER

THAT PHYSICAL LOCATION IS OPEN TO THE PUBLIC.

"COVID-19." THE NOVEL CORONAVIRUS, OTHERWISE KNOWN AS COVID-

19.

"Essential employee." An employee of a business who is

required by the employee's employer to report to work at a

physical location.

SECTION 4. THIS ACT SHALL TAKE EFFECT AS FOLLOWS:

(1) THE ADDITION OF ARTICLE XXI-C OF THE ACT SHALL TAKE

EFFECT IMMEDIATELY.

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

DAYS.

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