Regular Session 2019-2020 Senate Bill 1174 P.N. 1750

PRINTER'S NO. 1750

THE GENERAL ASSEMBLY OF PENNSYLVANIA

SENATE BILL

No.

1174

Session of

2020

INTRODUCED BY AUMENT, YUDICHAK, PHILLIPS-HILL, ARNOLD, DiSANTO,

MARTIN, MENSCH, ARGALL, PITTMAN, HUTCHINSON, GORDNER AND

STEFANO, JUNE 5, 2020

REFERRED TO VETERANS AFFAIRS AND EMERGENCY PREPAREDNESS,

JUNE 5, 2020

AN ACT

Amending Title 35 (Health and Safety) of the Pennsylvania

Consolidated Statutes, in Commonwealth services, further

providing for general authority of Governor, providing for

notification of suspensions, modifications and waivers and

establishing the Disaster and Recovery Task Force.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1. Section 7301(c) of Title 35 of the Pennsylvania

Consolidated Statutes is amended to read:

§ 7301. General authority of Governor.

* * *

shall be declared by executive order or proclamation of the

Governor upon finding that a disaster has occurred or that the

occurrence or the threat of a disaster is imminent. The state of

disaster emergency shall continue until the Governor finds that

the threat or danger has passed or the disaster has been dealt

with to the extent that emergency conditions no longer exist and

terminates the state of disaster emergency by executive order or

proclamation, but no state of disaster emergency may continue

for longer than [90] 30 days unless renewed by the Governor[.]

with majority approval by each chamber of the General Assembly

by concurrent resolution, which shall not be subject to section

9 of Article III of the Constitution of Pennsylvania. The

General Assembly by concurrent resolution may terminate a state

of disaster emergency at any time. Thereupon, the Governor shall

issue an executive order or proclamation ending the state of

disaster emergency. All executive orders or proclamations issued

under this subsection shall indicate the nature of the disaster,

the area or areas threatened and the conditions which have

brought the disaster about or which make possible termination of

the state of disaster emergency. An executive order or

proclamation shall be disseminated promptly by means calculated

to bring its contents to the attention of the general public

and, unless the circumstances attendant upon the disaster

prevent or impede, shall be promptly filed with the Pennsylvania

Emergency Management Agency and the Legislative Reference Bureau

for publication under Part II of Title 45 (relating to

publication and effectiveness of Commonwealth documents).

* * *

Section 2. Title 35 is amended by adding a section to read:

§ 7309. Notification of suspensions, modifications and waivers.

(a) Suspensions, modifications and waivers requiring

modification.--The Office of the Governor shall notify the

individuals under subsection (c) no later than provided under

subsection (b) when a specific statute or regulation is

suspended, modified or waived under the authority of the order

or when a specific statute or regulation is first treated as

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being suspended, modified or waived under a blanket suspension,

modification or waiver under the order. A notification under

this subsection shall, at minimum, notify the individuals of the

following:

(1) Any provision of regulatory statute or regulation

suspended or modified under the order.

(2) Any provision of law or regulation suspended by the

Secretary of Health under the order.

(3) Any provision of law or regulation suspended or

waived by the Secretary of Education under the order.

(4) Any laws or Federal or State regulations related to

the drivers of commercial vehicles waived or suspended by the

Department of Transportation under the order.

(b) Timeline for notification.--A notification under this

section shall be made within 12 hours of the suspension,

modification or waiver under subsection (a).

be issued under this section shall be sent in writing by

electronic means to the President pro tempore of the Senate, the

Majority Leader of the Senate, the Minority Leader of the

Senate, the Speaker of the House of Representatives, the

Majority Leader of the House of Representatives and the Minority

Leader of the House of Representatives.

(d) 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:

"Order." A declaration of disaster emergency issued by the

Governor.

Section 3. Chapter 73 of Title 35 is amended by adding a

subchapter to read:

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SUBCHAPTER G

DISASTER AND RECOVERY TASK FORCE

Sec.

7391. Definitions.

7392. Disaster and Recovery Task Force.

7393. Functions.

7394. Reasonable expenses.

§ 7391. Definitions.

The following words and phrases when used in this subchapter

shall have the meanings given to them in this section unless the

context clearly indicates otherwise:

"Order." A declaration of disaster emergency issued by the

Governor.

"Task force." The Disaster and Recovery Task Force

established under section 7392 (relating to Disaster and

Recovery Task Force).

§ 7392. Disaster and Recovery Task Force.

(a) Establishment.--Upon the declaration of a disaster

emergency by the Governor, the Disaster and Recovery Task Force

shall be established within five days of the effective date of

the disaster emergency declaration.

(b) Membership.--The task force shall consist of the

following members:

(1) The Governor or a designee.

(2) The President pro tempore of the Senate or a

designee.

(3) The Majority Leader of the Senate or a designee.

(4) The Minority Leader of the Senate or a designee.

(5) The Speaker of the House of Representatives or a

designee.

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(6) The Majority Leader of the House of Representatives

or a designee.

(7) The Minority Leader of the House of Representatives

or a designee.

(8) The Chief Justice of the Supreme Court or a

designee.

(9) A member appointed under subsection (c).

representation by the two major political parties in this

Commonwealth. If the two major political parties in this

Commonwealth are not represented equally by the members or

designees under subsection (b)(1), (2), (3), (4), (5), (6), (7)

and (8), the following shall apply:

(1) The Majority Leader or Minority Leader of the

Senate, whichever is of the same political party that has

less members of the same political party on the task force,

shall appoint one individual to the task force.

(2) If the appointment under paragraph (1) does not

result in an equal representation by the two major political

parties in this Commonwealth, the Majority Leader or Minority

Leaders of the House of Representatives, whichever is of the

same political party that has less members of the same

political party on the task force, shall appoint one

individual to the task force.

(3) If the appointment under paragraphs (1) and (2) do

not result in an equal representation by the two major

political parties in this Commonwealth, additional

appointments shall be made as provided under paragraphs (1)

and (2) until the two major political parties in this

Commonwealth are equally represented.

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(d) Method of appointment.--A member under subsection (b)

shall make an appointment of a designee or a replacement

appointment of a designee by the transmission of a letter to

each other member under subsection (b).

(e) Executive advisors.--The following shall serve as

advisors to the task force:

(1) An officer or employee of the Department of

Agriculture to represent the Secretary of Agriculture.

(2) An officer or employee of the Department of Banking

and Securities to represent the Secretary of Banking and

Securities.

(3) An officer or employee of the Department of

Community and Economic Development to represent the Secretary

of Community and Economic Development.

(4) An officer or employee of the Department of

Education to represent the Secretary of Education.

(5) An officer or employee of the Department of Human

Services to represent the Secretary of Human Services.

(6) An officer or employee of the Insurance Department

to represent the Insurance Commissioner.

(7) An officer or employee of the Department of Labor

and Industry to represent the Secretary of Labor and

Industry.

(8) An officer or employee of the Department of

Transportation to represent the Secretary of Transportation.

(f) Advisory committees.--The following shall apply:

(1) The task force may establish advisory committees to

review issues relating to the emergency that require

executive, legislative or judicial action and to report

related information to the task force.

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(2) Members of an advisory committee shall be

individuals appointed by the task force who have experience

in the issue being reviewed. Members of the task force and

individuals who are not members of the task force may be

appointed to an advisory committee.

(3) Individuals appointed to an advisory committee who

are not members of the task force shall represent the

geographic, racial, gender and socioeconomic diversity of

this Commonwealth. Individuals appointed to an advisory

committee who are not members of the task force may not be a

lobbyist as defined in 65 Pa.C.S. § 13A03 (relating to

definitions) or an officer or an employee of a political

party or political committee as defined in section 801 or

1621(h) of the act of June 3, 1937 (P.L.1333, No.320), known

as the Pennsylvania Election Code.

(4) A member of the task force shall serve as the

chairperson of each advisory committee.

(5) An advisory committee established under this

subsection shall be directed to review issues related to

issues arising from the emergency and the impact those issues

have had on this Commonwealth.

(g) Chairperson.--The Governor or a designee under

subsection (b)(1) shall serve as chairperson of the task force.

(h) Participation.--A member not physically present may

participate by teleconference or video conference.

(i) Quorum and voting.--The following shall apply:

(1) A majority of the members of the task force

participating in person, teleconference or video conference

shall constitute a quorum.

(2) Action of the task force must be authorized or

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ratified by majority vote of the members of the task force.

(j) Meetings.--The following shall apply:

(1) The task force shall meet at least once a week.

Additional meetings may be called by the chairperson as

necessary. The chairperson shall schedule a meeting upon

written request of four members of the task force.

(2) The first meeting shall be convened within 10 days

of the declaration of disaster emergency issued by the

Governor.

(3) For a disaster emergency declaration due to a health

emergency, the task force shall adhere to safety

recommendations issued by the Secretary of Health or the

Centers for Disease Control and Prevention.

(4) The task force shall permit the public to view or

listen to an advisory committee meeting through

contemporaneous methods and make the recordings available on

the Department of Community and Economic Development's

publicly accessible Internet website.

(5) The task force or an advisory committee may hold

public hearings if necessary.

(k) Expenses.--Members shall not receive compensation but

shall be reimbursed for actual expenses incurred in service of

the task force.

(l) Support.--The Office of the Governor, the Senate, the

House of Representatives and the Administrative Office of the

Pennsylvania Courts shall provide administrative services to the

task force or advisory committee.

(m) Applicability.--The following shall apply:

(1) As follows:

(i) Except as provided under subparagraph (ii), the

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act of February 14, 2008 (P.L.6, No.3), known as the

Right-to-Know Law, shall apply to the task force.

(ii) Correspondence between a person and a member of

the task force and records accompanying the

correspondence submitted under section 7393(a)(3) shall

be exempt from access by a requester under the Right-to-

Know Law. This subparagraph shall not apply to

correspondence between a member and a principal or

lobbyist under 65 Pa.C.S. Ch. 13A (relating to lobbying

disclosure).

(2) Except as provided under paragraph (3), the task

force shall be deemed an agency for the purposes of 65

Pa.C.S. Ch. 7 (relating to open meetings).

(3) Public notice of a meeting of the task force shall

be made by the issuance of a press release by the chairperson

no less than 24 hours prior to a meeting.

(4) A member of the task force shall be deemed a public

official for the purpose of 65 Pa.C.S. Ch. 11 (relating to

ethics standards and financial disclosure). A statement

required to be filed by a member under 65 Pa.C.S. § 1104(a)

(relating to statement of financial interests required to be

filed) due to the individual's membership on the task force

shall only be filed with the State Ethics Commission.

(5) The task force shall be considered an independent

agency for the purposes of the act of October 15, 1980

(P.L.950, No.164), known as the Commonwealth Attorneys Act.

§ 7393. Functions.

(a) Powers.--The task force shall have the following powers:

(1) To request periodic updates from each agency under

the Governor's jurisdiction, independent agencies, the

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legislature and the unified judicial system on any actions

taken in response to the emergency.

(2) To appoint advisory committees under section 7392(f)

(relating to Disaster and Recovery Task Force).

(3) To receive communications from individuals,

businesses, nonprofit entities, local governments and any

other entity regarding issues under subsection (b)(2).

(b) Duties.--The task force shall have the following duties:

(1) To monitor and track the response by the

Commonwealth to the emergency during the time that the order

remains active, including each action taken under the

authority of the order.

(2) To identify issues of immediate public importance

relating to the emergency that require executive, legislative

or judicial action and to make recommendations to the proper

branch in a timely fashion.

(3) To develop and submit a recovery plan to the

executive branch, legislative branch and judicial branch of

the Commonwealth. A recovery plan shall include a documented,

structured approach that describes how the Commonwealth and

its political subdivisions can expeditiously resume mission-

critical functions, including the restoration of housing,

transportation, education and other public services and

economic activity to levels equal to or better than their

predisaster states through a series of short-term,

intermediate and long-term strategies and actions. The

recovery plan may be based in part or in whole on the Federal

Emergency Management Agency's resources for recovery planning

and managing recovery.

(4) To make a final report no later than six months

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after an order is terminated by executive order, proclamation

or operation of law documenting all of the following:

(i) Actions taken by executive agencies under the

order.

(ii) Legislative enactments made in response to the

emergency.

(iii) Judicial orders made in response to the

emergency.

(iv) A summary of actions undertaken by local

governments in response to the emergency.

(v) A detailed summary of the actions taken by the

task force and each advisory committee.

§ 7394. Reasonable expenses.

The task force may submit r easonable expenses under section

7392 (relating to Disaster and Recovery Task Force) to the

Department of Community and Economic Development for payment.

Section 4. This act shall take effect immediately.

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