S0327B1627A05080 AJB:EJH 04/15/20 #90 A05080
AMENDMENTS TO SENATE BILL NO. 327
Sponsor: SENATOR SCARNATI
Printer's No. 1627
Amend Bill, page 1, line 27, by inserting after "leased;"
providing for COVID-19 county emergency mitigation plan for
businesses;
Amend Bill, page 13, by inserting between lines 4 and 5
Section 3. The act is amended by adding an article to read:
ARTICLE XXVIII-G
COVID-19 COUNTY EMERGENCY MITIGATION
PLAN FOR BUSINESSES
Section 2801-G. COVID-19 County Emergency Mitigation Plan for
Businesses.
(a) Mitigation plan.--Notwithstanding 35 Pa.C.S. § 7301
(relating to general authority of Governor), sections 2102 and
2106 of the act of April 9, 1929 (P.L.177, No.175), known as The
Administrative Code of 1929, section 8(a) of the act of April
27, 1905 (P.L.312, No.218), entitled "An act creating a
Department of Health, and defining its powers and duties," and
section 5 of the act of April 23, 1956 (1955 P.L.1510, No.500),
known as the Disease Prevention and Control Law of 1955, the
governing body of a county, in consultation with its county
emergency management agency, county health department, county
health officer or any other appropriate health or emergency
management official, may develop and implement a countywide plan
to mitigate the spread of COVID-19 for businesses in accordance
with subsection (b). The countywide mitigation plan, including
any modifications to the countywide mitigation plan authorized
under subsection (e), shall be published on the county's
publicly accessible Internet website.
(b) Development.--The countywide mitigation plan shall
provide as follows:
(1) All businesses identified as "essential critical
infrastructure" in an Advisory Memorandum on Identification
of Essential Critical Infrastructure Workers During COVID-19
Response, as published by the United States Cybersecurity and
Infrastructure Security Agency (CISA), and which operate
using recommended guidance for mitigating exposure to COVID-
19 from the Centers for Disease Control and Prevention shall
be permitted to operate within the county.
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(2) For a business not included in an Advisory
Memorandum on Identification of Essential Critical
Infrastructure Workers During COVID-19 Response, as published
by CISA, the business shall be permitted to operate within a
county if the business:
(i) complies with recommended guidance for
mitigating exposure to COVID-19 from the Centers for
Disease Control and Prevention; and
(ii) has not been designated in the countywide
mitigation plan as a disallowed industry.
(3) Any business authorized to operate by the Governor
shall be authorized to operate under a countywide mitigation
plan.
(c) Compliance.--Notwithstanding the orders issued by the
Governor and the Secretary of Health relating to the closure of
non-life-sustaining businesses on March 19, 2020, and the
Statewide stay-at-home order issued by the Governor and the
Secretary of Health on April 1, 2020, as amended, a business
that complies with the requirements of the county mitigation
plan may operate within the county and individuals may leave
their residences for the purpose of performing work for the
business or patronizing the business.
(d) Limitation.--Nothing in this section shall be construed
to:
(1) require a county to rescind a local declaration of
emergency relating to COVID-19; or
(2) revoke, rescind or overrule 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.
(e) Modifications.--At any time, the governing body of a
county may take an action to modify the countywide mitigation
plan to expand or restrict the industries authorized to operate
in the county or rescind the countywide mitigation plan
entirely. Advance notice of an action to modify or rescind a
countywide mitigation plan shall be published on the county's
publicly accessible Internet website no later than two days
before the implementation of the action .
(f) Expiration.--This section shall expire on the same date
as the termination or expiration of the declaration of disaster
emergency issued by the Governor on March 6, 2020, published at
50 Pa.B. 1644 (March 21, 2020).
(g) 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:
"Business." Any corporation, partnership, limited liability
company, limited liability partnership, business trust, sole
proprietor, or any other individual or entity doing business and
operating within a physical location in this Commonwealth,
regardless of whether the physical location is open to the
public.
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"County." A county or home rule charter county of any
classification.
"COVID-19." The novel coronavirus as identified in the
declaration of disaster emergency issued by the Governor on
March 6, 2020, published at 50 Pa.B. 1644 (March 21, 2020).
"Governing body." The board of county commissioners or the
county executive or other person exercising the functions of the
county executive in a county without a board of county
commissioners.
"Industry." A particular form or branch of economic or
commercial activity.
Amend Bill, page 13, line 5, by striking out "3" and
inserting
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