PRINTER'S NO. 59
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
70
Session of
2023
INTRODUCED BY ROAE, ARMANINI, GILLEN, GLEIM, GUENST, HAMM,
IRVIN, JAMES, KAUFFMAN, KRUPA, M. MACKENZIE, R. MACKENZIE AND
ZIMMERMAN, MARCH 7, 2023
REFERRED TO COMMITTEE ON VETERANS AFFAIRS AND EMERGENCY
PREPAREDNESS, MARCH 7, 2023
AN ACT
Amending Title 35 (Health and Safety) of the Pennsylvania
Consolidated Statutes, in Commonwealth services, providing
for retail store 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 a section to read:
§ 7309. Retail store 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 :
(1) Restricting access during a declaration of disaster
emergency to one customer and one employee at a time.
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(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
personal interaction is limited;
(3) may provide contactless local delivery and curbside
pick-up service of online or telephone orders; 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 addition
of 35 Pa.C.S. § 7309.
Section 3. This act shall take effect immediately.
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