Regular Session 2021-2022 House Bill 0326 P.N. 0388

PRIOR PRINTER'S NO. 301

PRINTER'S NO. 388

THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

No.

326

Session of

2021

INTRODUCED BY O'NEAL, OWLETT, GROVE, MALONEY, ROTHMAN, KAIL,

RYAN, MIHALEK, MIZGORSKI, ECKER, DAVANZO, SANKEY, RIGBY,

E. NELSON, STRUZZI, LEWIS DELROSSO, DOWLING, WARNER, ORTITAY,

DUNBAR, BOBACK, HENNESSEY, GLEIM, MERCURI, BENNINGHOFF, MOUL,

MENTZER, COOK, KLUNK, LAWRENCE, ARMANINI, DELOZIER, NEILSON,

JAMES, RADER, KAUFFMAN, METZGAR, PENNYCUICK, MUSTELLO,

GAYDOS, GREINER, KERWIN, KEEFER, CAUSER, PICKETT, FREEMAN,

SMITH, A. DAVIS, TOOHIL, B. MILLER, SONNEY, OBERLANDER,

MARKOSEK AND FARRY, JANUARY 28, 2021

AS AMENDED ON SECOND CONSIDERATION, HOUSE OF REPRESENTATIVES,

FEBRUARY 4, 2021

AN ACT

Amending Titles 35 (Health and Safety) and 51 (Military Affairs)

of the Pennsylvania Consolidated Statutes, in COVID-19

disaster emergency, providing for Pennsylvania National

Guard; in the Governor as Commander-in-Chief, further

providing for powers of Governor; and, in Pennsylvania

National Guard, providing for public health duties.

AMENDING TITLE 51 (MILITARY AFFAIRS) OF THE PENNSYLVANIA

CONSOLIDATED STATUTES, IN THE GOVERNOR AS COMMANDER-IN-CHIEF,

FURTHER PROVIDING FOR ACTIVE DUTY FOR EMERGENCY.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1. Chapter 57 of Title 35 of the Pennsylvania

Consolidated Statutes is amended by adding a subchapter to read:

SUBCHAPTER F

PENNSYLVANIA NATIONAL GUARD

Sec.

5751. COVID-19 vaccine.

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§ 5751. COVID-19 vaccine.

Notwithstanding any other provision of law, the Pennsylvania

National Guard shall:

(1) Within 45 days of the effective date of this

section, establish and operate in each county a site for the

mass distribution and administration of any vaccine for

COVID-19, including the administration of the vaccine to

individuals by members of the Pennsylvania National Guard.

(2) Support local health officials by collecting,

securing and transporting COVID-19 vaccines.

Section 2. Section 501 of Title 51 is amended to read:

§ 501. Powers of Governor.

[The] Except as provided under section 1109 (relating to

public health duties), the Governor of this Commonwealth as

Commander-in-Chief shall have the powers enumerated hereafter in

this title over the Pennsylvania military forces which includes

the Pennsylvania National Guard when not absent from this

Commonwealth on the call or order of the United States and the

Pennsylvania Guard when formed, organized and equipped under

order from the Governor in conformity with this title.

Section 3. Title 51 is amended by adding a section to read:

§ 1109. Public health duties.

The Pennsylvania National Guard shall perform the duties as

provided under 35 Pa.C.S. § 5751 (relating to COVID-19 vaccine).

SECTION 1. SECTION 508 OF TITLE 51 OF THE PENNSYLVANIA

CONSOLIDATED STATUTES IS AMENDED BY ADDING SUBSECTIONS TO READ:

§ 508. ACTIVE DUTY FOR EMERGENCY.

* * *

NOTWITHSTANDING ANY OTHER PROVISION OF LAW, THE PENNSYLVANIA

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NATIONAL GUARD MAY, WITHIN 45 DAYS OF THE EFFECTIVE DATE OF THIS

SUBSECTION AND IN CONJUNCTION WITH THE DEPARTMENT OF HEALTH AND

THE PENNSYLVANIA EMERGENCY MANAGEMENT AGENCY, DEVELOP PLANS FOR

THE ESTABLISHMENT AND OPERATION IN EACH REGION OF A SITE FOR THE

COMMUNITY DISTRIBUTION AND ADMINISTRATION OF PHARMACEUTICALS,

MEDICAL EQUIPMENT AND SUPPLIES AND VACCINES FOR A VIRUS.

ADMINISTRATION OF THE VACCINE SHALL INCLUDE THE INOCULATION OF

INDIVIDUALS BY MEMBERS OF THE PENNSYLVANIA NATIONAL GUARD WHO

POSSESS THE REQUIRED TRAINING.

(D) REPORT.--NOTWITHSTANDING ANY OTHER PROVISION OF LAW, THE

GOVERNOR SHALL, WITHIN 45 DAYS OF THE EFFECTIVE DATE OF THIS

SUBSECTION, ESTABLISH AND SUBMIT TO THE GENERAL ASSEMBLY A

REPORT ON THE INTEGRATION OF THE PENNSYLVANIA NATIONAL GUARD

INTO THE COMMONWEALTH'S PLAN FOR THE DISTRIBUTION AND

ADMINISTRATION OF ANY VACCINE FOR COVID-19, INCLUDING THE

ADMINISTRATION OF THE VACCINE TO INDIVIDUALS BY MEMBERS OF THE

PENNSYLVANIA NATIONAL GUARD. THE REPORT SHALL BE PREPARED IN

CONSULTATION WITH THE SECRETARY OF HEALTH, THE DIRECTOR OF THE

PENNSYLVANIA EMERGENCY MANAGEMENT AGENCY AND THE ADJUTANT

GENERAL OF THE PENNSYLVANIA NATIONAL GUARD, AND SHALL INCLUDE

THE FOLLOWING CONSIDERATIONS:

(1) AVAILABILITY AND CAPACITY OF MEDICAL UNITS OF THE

PENNSYLVANIA NATIONAL GUARD FOR THE ADMINISTRATION OF ANY

VACCINE FOR COVID-19 TO INDIVIDUALS.

(2) AVAILABILITY AND CAPACITY OF OTHER UNITS OF THE

PENNSYLVANIA NATIONAL GUARD FOR SUPPORTIVE MISSIONS,

INCLUDING LOGISTICS AND PREPARATION FOR COMMUNITY VACCINATION

CLINICS.

(3) CRITICAL MISSIONS OF THE PENNSYLVANIA NATIONAL

GUARD, INCLUDING THE DEPLOYMENT OF MEMBERS TO SKILLED NURSING

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FACILITIES TO COMBAT OUTBREAKS OF COVID-19.

(4) CURRENT AND ANTICIPATED ALLOCATIONS OF ANY VACCINE

FOR COVID-19 AVAILABLE TO THE COMMONWEALTH.

(5) FEDERAL GUIDANCE ON THE USE OF THE NATIONAL GUARD

FOR THE PURPOSES UNDER THIS SUBSECTION.

(E) 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:

"REGION." EACH REGION OF THE COMMONWEALTH, AS IDENTIFIED BY

THE DEPARTMENT OF HEALTH.

"VIRUS." A VIRUS OR INFECTIOUS DISEASE, IDENTIFIED BY THE

UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES OR THE

DEPARTMENT OF HEALTH. THE TERM INCLUDES COVID-19.

Section 4 2. This act shall take effect immediately.

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