PRIOR PRINTER'S NO. 732
PRINTER'S NO. 1018
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
747
Session of
2021
INTRODUCED BY ROAE, KNOWLES, ECKER, METCALFE, RYAN, MILLARD,
JAMES, KAUFFMAN, ROTHMAN, KEEFER, ROWE, JOZWIAK,
R. MACKENZIE, ZIMMERMAN, TOOHIL, COX, MOUL, SANKEY, WHEELAND,
M. MACKENZIE, EMRICK, GLEIM, GILLEN AND ARMANINI,
MARCH 3, 2021
AS REPORTED FROM COMMITTEE ON COMMERCE, HOUSE OF
REPRESENTATIVES, AS AMENDED, MARCH 23, 2021
AN ACT
Amending Title 35 (Health and Safety) of the Pennsylvania
Consolidated Statutes, in Commonwealth services, providing
for retail store closure OPERATIONS during declaration of
disaster emergency and for contactless and curbside business
operations during declaration of disaster emergency.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Title 35 of the Pennsylvania Consolidated
Statutes is amended by adding sections A SECTION to read:
§ 7309. Retail store closure OPERATIONS during declaration of
disaster emergency.
(A) CLOSURE PROHIBITED.-- Notwithstanding the provisions of
this chapter or any other provision of law to the contrary, the
Governor may not close a retail store during a declaration of
disaster emergency under section 7301 (relating to general
authority of Governor) if the retail store IS ABLE TO PROVIDE
ANY OF THE FOLLOWING SERVICES :
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(1) restricts RESTRICTING access during a declaration of
disaster emergency to one customer in the retail store
facility AND ONE EMPLOYEE at a time. ; and
(2) restricts store operations to one employee in the
retail store facility at a time.
§ 7310. Contactless and curbside business operations during
declaration of disaster emergency.
A business shall be permitted, under a declaration by the
Governor of disaster emergency under section 7301(c) (relating
to general authority of Governor) on or before March 6, 2020, to
transition to contactless and curbside business operations for
the duration of the declaration of disaster emergency. The
following shall apply:
(1) A business shall:
(i) Comply with the Centers for Disease Control and
Prevention's Interim Guidance for Businesses and
Employers to Plan and Respond to Coronavirus Disease 2019
(COVID-19), promulgated under the Federal public health
emergency declared on January 31, 2020, under section 319
of the Public Health Service Act (58 Stat. 682, 42 U.S.C.
§ 247d) in relation to social distancing and sanitation
protocols.
(ii) Maintain
(2) CONTACTLESS CURBSIDE RETAIL STORE OPERATIONS.
(B) OPERATIONS.--IF A RETAIL STORE REMAINS OPEN DURING A
DECLARATION OF DISASTER EMERGENCY, THE RETAIL STORE:
(1) SHALL ADHERE TO FEDERAL AND STATE GUIDELINES TO
PROTECT THE RETAIL STORE'S CUSTOMERS AND EMPLOYEES;
(2) MAY MAINTAIN employees necessary to support taking
of orders through online, telephone or other means when
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personal interaction is limited during a transaction if
employees adhere to social distancing and appropriate
sanitation protocols.
(iii) Provide ;
(3) MAY PROVIDE contactless local delivery and curbside
pick-up service of online or telephone orders .
(iv) Prohibit cash payments for transactions.
(2) Any violation of paragraph (1) shall result in the
immediate suspension of business operations. ; AND
(4) MAY PROHIBIT CASH PAYMENTS FOR TRANSACTIONS IF
NECESSARY TO PROVIDE SAFETY TO THE CUSTOMERS DURING THE
DECLARATION OF DISASTER EMERGENCY.
(C) SUSPENSION.--ANY VIOLATION UNDER SUBSECTION (B)(1) SHALL
RESULT IN THE IMMEDIATE SUSPENSION OF THE RETAIL STORE'S
OPERATIONS.
Section 2. All regulations and parts of regulations are
abrogated to the extent of any inconsistency with the provisions
of this act.
Section 3. This act shall take effect immediately.
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