Amendment vs bill Senate Amendment A05572 vs Printer's No. 3719

Struck = removed from the bill · added = the amendment's new text.

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SENATE AMENDED PRIOR PRINTER'S NOS.
H2388B3719A05572 AJM:EJH 05/12/20 #90 A05572 AMENDMENTS TO HOUSE BILL NO.
3535, 3592 PRINTER'S NO.
2388 Sponsor:
3719 THE GENERAL ASSEMBLY OF PENNSYLVANIA HOUSE BILL Session of 2020 No.
SENATOR SCHWANK Printer's No.
INTRODUCED BY MIHALEK, HEFFLEY, DUNBAR, TURZAI, KNOWLES, O'NEAL, SIMMONS, WARNER, SCHMITT, ORTITAY, MACKENZIE, GREGORY, RYAN, JAMES, KEEFER, ROWE, BERNSTINE, BARRAR, ECKER, STAATS, SCHLEGEL CULVER, HAHN, KAUFFMAN, KAIL, MARSHALL, MIZGORSKI, OWLETT, MENTZER, JONES, STRUZZI, ZIMMERMAN, NELSON, GLEIM, SAYLOR, MUSTELLO, TOBASH, MASSER, FEE, METCALFE, BOROWICZ, COOK, HERSHEY, CAUSER AND LEWIS, APRIL 7, 2020 SENATOR KILLION, COMMUNITY, ECONOMIC AND RECREATIONAL DEVELOPMENT, IN SENATE, AS AMENDED, MAY 11, 2020 AN ACT Amending the act of April 9, 1929 (P.L.177, No.175), entitled "An act providing for and reorganizing the conduct of the executive and administrative work of the Commonwealth by the departments, boards, commissions, and officers thereof, including the boards of trustees of State Normal Schools, or Teachers Colleges;
3719 Amend Bill, page 1, line 21, by inserting after "provisions" and for employee unemployment compensation protection Amend Bill, page 2, lines 1 and 2, by striking out "an article" and inserting articles Amend Bill, page 6, by inserting between lines 20 and 21 ARTICLE II-B EMPLOYEE UNEMPLOYMENT COMPENSATION PROTECTION Section 201-B.
abolishing, creating, reorganizing or authorizing the reorganization of certain administrative departments, boards, and commissions;
Definitions.
defining the powers and duties of the Governor and other executive and administrative officers, and of the several administrative departments, boards, commissions, and officers;
The following words and phrases when used in this article shall have the meanings given to them in this section unless the context clearly indicates otherwise:
fixing the salaries of the Governor, Lieutenant Governor, and certain other executive and administrative officers;
"Business." A business, industry or trade operating with a physical location in this Commonwealth regardless of whether that physical location is open to the public.
providing for the appointment of certain administrative officers, and of all deputies and other assistants and employes in certain departments, boards, prescribing the manner in which the number and compensation of the deputies and all other assistants and employes of certain departments, boards and commissions shall be determined," providing for emergency COVID-19 provisions.
"Business reopening plan." A multiple phase plan developed by the Commonwealth for the gradual reopening of businesses that are subject to a business closure order pursuant to a declaration of public health emergency.
The General Assembly of the Commonwealth of Pennsylvania hereby enacts as follows:
"CARES Act." The Federal Coronavirus Aid, Relief, and Economic Security Act (Public Law 116-136, 134 Stat.
Section 1.
281).
The act of April 9, 1929 (P.L.177, No.175), known as The Administrative Code of 1929, is amended by adding an article to read:
"COVID-19." The novel coronavirus, otherwise known as COVID- 19.
ARTICLE I-A <-- EMERGENCY COVID-19 PROVISIONS Section 101-A.
"Employee." An individual employed by a business.
Extension of waiver provisions.
"Infectious disease." A disease that is caused by a microorganism, such as a bacterium, virus, or protozoan, that is not normally found in the human body and is capable of causing infection.
(a) General rule.--The Secretary of Community and Economic Development shall immediately issue a waiver to the Governor's 20200319 TWW COVID 19 Business Closure Order to all vehicle dealer activities that can adhere to the social distancing practices and other mitigation measures defined by the Centers for Disease Control to protect workers and to mitigate the spread of the COVID-19 virus.
Some, but not all, infectious diseases are contagious, meaning they can spread from person to person, including COVID-19 or the coronavirus.
(b) Required protection for employees.--All businesses that receive a waiver and operate under subsection (a) shall also provide, at minimum, the following protections for an essential employee:
Other infectious diseases can spread from animals or insects to humans, but not from person to person.
(1) Additional hazard pay, relative to the employee's risk of exposure.
"Intermediate reopening phase." A phase of a business reopening plan developed to address business operations during a public health emergency where specific non-life-sustaining 2020/90AJM/HB2388A05572 - 1 - businesses within a specified county of the Commonwealth are authorized to reopen and conduct limited in-person and physical operations in compliance with guidance issued by the Centers for Disease Control and Prevention for businesses to plan and respond to COVID-19 or any other infectious disease, and the guidance on business practices issued by the Department of Health to address COVID-19 or any other infectious disease.
(2) Appropriate new personal protective equipment at the start of every shift.
"Life-sustaining business." A business that is designated as a life-sustaining business pursuant to a declaration of public health emergency issued by the Governor and any subsequent guidance.
Personal protective equipment shall include, but not be limited to, gloves and a mask.
"Public health emergency." An emergency declaration by the Governor of an occurrence or imminent threat of a disease or condition of critical public health importance with the following characteristics:
(3) A work environment that maximizes the safety of the employee and the public, including, but not limited to, social distancing and barriers.
(1) Is believed to be caused by any of the following:
(4) Cleaning areas with adequate soap and water and breaks to frequently engage in hand washing.
(i) the emergence and spread of a novel or previously controlled or eradicated infectious disease;
(5) Leave for sickness, which shall be compensated at the employee's normal wage.
or (ii) an infectious disease epidemic in this Commonwealth or a pandemic.
(6) Information by the business if a coworker has been tested for COVID-19 and the results of those tests when 20200HB2388PN3719 - 2 - available.
(2) Poses a high probability of any of the following in the affected population:
(c) Violation.--A business operating in this Commonwealth under a waiver under subsection (a) that violates any requirement under subsection (b) shall be immediately closed and may not be permitted to reopen until the business is in compliance.
(i) Death.
(d) Definitions.--The following words and phrases when used in this section shall have the meanings given to them in this subsection unless the context clearly indicates otherwise:
(ii) Serious or long-term disabilities.
"Essential employee." An employee of a business who is required by the employee's employer to report to work at a physical location.
(iii) Widespread exposure to an infectious disease that poses a significant risk of substantial present or future harm to the public health and safety.
ARTICLE I-A <-- EMERGENCY COVID-19 PROVISIONS SECTION 101-A.
Section 202-B.
DEFINITIONS.
Employee unemployment compensation protection.
THE FOLLOWING WORDS AND PHRASES WHEN USED IN THIS ARTICLE SHALL HAVE THE MEANINGS GIVEN TO THEM IN THIS SECTION UNLESS THE CONTEXT CLEARLY INDICATES OTHERWISE:
Notwithstanding any provision of law, an employee who is employed by a business that is subject to a business closure order issued by the Governor during a public health emergency shall remain eligible for the following assistance during the period when the business is authorized for limited operations under an intermediate reopening phase, if the employee is recalled to work at the business and the employee declines to return to work due to a concern that returning to work at the business during the intermediate reopening phase will place the employee's health at risk:
"ORDER." THE GOVERNOR'S 20200319 TWW COVID-19 BUSINESS CLOSURE ORDER.
(1) Pandemic unemployment assistance under section 2102 of the CARES Act.
"SECRETARY." THE SECRETARY OF COMMUNITY AND ECONOMIC DEVELOPMENT OF THE COMMONWEALTH.
(2) Emergency increase in unemployment compensation benefits under section 2104 of the CARES Act.
SECTION 102-A.
(3) Pandemic emergency unemployment compensation under section 2017 of the CARES Act.
VEHICLE DEALER WAIVER PROVISIONS.
(4) Unemployment compensation received from the Commonwealth under the act of December 5, 1936 (2nd Sp.Sess., 1937 P.L.2897, No.1), known as the Unemployment Compensation Law.
(A) WAIVER.--THE SECRETARY SHALL IMMEDIATELY ISSUE A WAIVER TO THE ORDER TO ALL DEALERS OR OTHER VEHICLE-RELATED BUSINESSES THAT COMPLY WITH SECTION 108-A.
2020/90AJM/HB2388A05572 - 2 -
(B) DEFINITIONS.--AS USED IN THIS SECTION, THE TERM "DEALER" SHALL HAVE THE SAME MEANING AS PROVIDED IN 75 PA.C.S.
§ 102 (RELATING TO DEFINITIONS).
SECTION 103-A.
LAWN AND GARDEN CENTERS WAIVER PROVISIONS.
20200HB2388PN3719 - 3 - THE SECRETARY SHALL IMMEDIATELY ISSUE A WAIVER TO THE ORDER TO ALL LAWN AND GARDEN EQUIPMENT AND SUPPLIES STORES THAT COMPLY WITH SECTION 108-A.
SECTION 104-A.
COSMETOLOGY SALON AND BARBER SHOP WAIVER PROVISIONS.
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(A) WAIVER.--THE SECRETARY SHALL IMMEDIATELY ISSUE A WAIVER TO THE ORDER TO ALLOW:
(1) ALL ACTIVITIES BY LICENSED BARBERS AS DEFINED UNDER SECTION 2.1 OF THE ACT OF JUNE 19, 1931 (P.L.589, NO.202), REFERRED TO AS THE BARBERS' LICENSE LAW;
AND (2) ALL ACTIVITIES PERTAINING TO THE EMBELLISHMENT, CLEANLINESS AND BEAUTIFICATION OF THE HUMAN HAIR BY LICENSED COSMETOLOGISTS AS DEFINED UNDER SECTION 1 OF THE ACT OF MAY 3, 1933 (P.L.242, NO.86), REFERRED TO AS THE COSMETOLOGY LAW.
(B) MITIGATION MEASURES.--WAIVERS UNDER SUBSECTION (A) SHALL ONLY BE ISSUED TO BUSINESS ACTIVITIES THAT CAN DO ALL OF THE FOLLOWING TO PROTECT WORKERS AND CUSTOMERS FROM AND MITIGATE THE SPREAD OF COVID-19:
(1) COMPLY WITH APPLICABLE MITIGATION MEASURES DEFINED BY THE OCCUPATIONAL HEALTH AND SAFETY ADMINISTRATION AND THE DEPARTMENT OF HEALTH AND ADDITIONAL MEASURES PRESCRIBED BY THE STATE BOARD OF BARBER EXAMINERS AND THE STATE BOARD OF COSMETOLOGY;
(2) REQUIRE THAT EMPLOYEES WEAR MASKS AND GLOVES AT ALL TIMES;
(3) SERVE CUSTOMERS BY APPOINTMENT ONLY TO ENSURE THE LOWEST POSSIBLE AMOUNT OF CUSTOMERS AND EMPLOYEES AT A TIME IN ORDER TO COMPLY WITH SOCIAL DISTANCING GUIDELINES;
(4) REQUIRE CUSTOMERS TO EITHER WASH HANDS WITH SOAP AND WATER OR HAND SANITIZER UPON ENTERING UNLESS WEARING GLOVES;
20200HB2388PN3719 - 4 - (5) ENSURE THAT CUSTOMERS WEAR MASKS AT ALL TIMES AND MAINTAIN AT LEAST SIX FEET OF DISTANCE BETWEEN OTHER CUSTOMERS;
(6) REMOVE ALL READING AND OTHER MATERIALS FROM WAITING AREAS BESIDE SEATING FOR CUSTOMERS;
(7) PROHIBIT INDIVIDUALS ON THE PREMISES WITHOUT AN APPOINTMENT UNLESS ACCOMPANYING A CUSTOMER UNDER THE AGE OF 18;
AND (8) WIPE DOWN CHAIRS, SURFACES AND OTHER EQUIPMENT USED ON A CUSTOMER WITH ACCEPTABLE CLEANING MATERIALS AFTER EVERY CUSTOMER.
SECTION 105-A.
MESSENGER SERVICE AND AGENT SERVICE ACTIVITIES WAIVER PROVISIONS.
(A) WAIVER.--THE SECRETARY SHALL IMMEDIATELY ISSUE A WAIVER TO THE ORDER TO MESSENGER SERVICE AND AGENT SERVICE ACTIVITIES THAT COMPLY WITH SECTION 108-A.
(B) DEFINITIONS.--AS USED IN THIS SECTION, THE TERMS "MESSENGER SERVICE" AND "AGENT SERVICE" SHALL HAVE THE SAME MEANING AS PROVIDED IN 75 PA.C.S.
§ 102 (RELATING TO DEFINITIONS).
SECTION 106-A.
ANIMAL GROOMING SERVICES WAIVER PROVISIONS.
THE SECRETARY SHALL IMMEDIATELY ISSUE A WAIVER TO THE ORDER TO ANIMAL GROOMING SERVICES THAT COMPLY WITH SECTION 108-A.
SECTION 107-A.
MANUFACTURING OPERATIONS WAIVER PROVISIONS.
(A) WAIVER.--THE SECRETARY SHALL IMMEDIATELY ISSUE A WAIVER TO THE ORDER TO ALL MANUFACTURING OPERATIONS THAT COMPLY WITH SECTION 108-A.
(B) DEFINITION.--AS USED IN THIS SECTION, THE TERM "MANUFACTURING OPERATIONS" SHALL INCLUDE THE PERFORMANCE AS A BUSINESS OF AN INTEGRATED SERIES OF OPERATIONS WHICH PLACES 20200HB2388PN3719 - 5 - PERSONAL PROPERTY IN A FORM, COMPOSITION OR CHARACTER DIFFERENT FROM THAT IN WHICH IT WAS ACQUIRED WHETHER FOR SALE OR USE BY THE MANUFACTURER BEGINNING WITH THE FIRST PRODUCTION OPERATION AND ENDING WITH THE PACKAGING OF THE PRODUCT FOR THE ULTIMATE CONSUMER.
SECTION 108-A.
COMPLIANCE.
A BUSINESS SHALL ADHERE TO SOCIAL DISTANCING PRACTICES AND OTHER MITIGATION MEASURES DEFINED BY THE CENTERS FOR DISEASE CONTROL AND PREVENTION TO PROTECT WORKERS AND TO MITIGATE THE SPREAD OF THE COVID-19 VIRUS AND THE ORDER OF THE SECRETARY OF HEALTH DIRECTING PUBLIC HEALTH SAFETY MEASURES FOR BUSINESSES PERMITTED TO MAINTAIN IN-PERSON OPERATIONS.
SECTION 109-A.
EFFECT OF SUBSEQUENT ORDERS.
A WAIVER GRANTED UNDER THIS ARTICLE SHALL REMAIN VALID NOTWITHSTANDING ANY ORDER ISSUED PURSUANT TO THE DECLARATION OF DISASTER EMERGENCY ISSUED BY THE GOVERNOR ON MARCH 6, 2020, PUBLISHED AT 50 PA.B.
1644 (MARCH 21, 2020), OR ANY RENEWAL OF THE DECLARATION OF DISASTER EMERGENCY, UNLESS THE ORDER REMOVES ANY OF THE RESTRICTIONS OR OTHERWISE GRANTS GREATER PERMISSIONS FOR OPERATIONS THAN ARE PROVIDED UNDER THIS ARTICLE.
Section 2.
This act shall take effect immediately.
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