Amendment vs bill Senate Amendment A05585 vs Printer's No. 3719

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

Previous
Latest
SENATE AMENDED PRIOR PRINTER'S NOS.
H2388B3719A05585 DMS:CMD 05/12/20 #90 A05585 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 FONTANA 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 striking out the period after "provisions" and inserting relating to extension of waiver provisions, and for responsible return to action protocols.
abolishing, creating, reorganizing or authorizing the reorganization of certain administrative departments, boards, and commissions;
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 XXI-C COVID-19 RETURN TO WORK PROTOCOLS Section 2101-C.
defining the powers and duties of the Governor and other executive and administrative officers, and of the several administrative departments, boards, commissions, and officers;
Scope of article.
fixing the salaries of the Governor, Lieutenant Governor, and certain other executive and administrative officers;
This article relates to responsible return to action protocols.
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.
Section 2102-C.
The General Assembly of the Commonwealth of Pennsylvania hereby enacts as follows:
Definitions.
Section 1.
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:
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:
"Business." A for profit, not-for-profit and non-profit entity that offers or produces goods or services for consideration.
ARTICLE I-A <-- EMERGENCY COVID-19 PROVISIONS Section 101-A.
"COVID-19." The novel coronavirus as identified in the declaration of disaster emergency issued by the Governor on March 6, 2020, published at 50 Pa.B.
Extension of waiver provisions.
1644 (March 21, 2020).
(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.
"Department." The Department of Health of the Commonwealth.
(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:
Section 2103-C.
(1) Additional hazard pay, relative to the employee's risk of exposure.
Department functions.
(2) Appropriate new personal protective equipment at the start of every shift.
(a) Authority.--The department may do all of the following for the implementation, administration and enforcement of this article:
Personal protective equipment shall include, but not be limited to, gloves and a mask.
(1) Promulgate regulations, publish guidelines and issue orders as necessary.
(3) A work environment that maximizes the safety of the employee and the public, including, but not limited to, social distancing and barriers.
(2) Investigate violations and impose sanctions as authorized under this article.
(4) Cleaning areas with adequate soap and water and breaks to frequently engage in hand washing.
(3) In consultation with the Department of Community and Economic Development, submit a monthly report regarding the administration and enforcement under this article that 2020/90DMS/HB2388A05585 - 1 - includes:
(5) Leave for sickness, which shall be compensated at the employee's normal wage.
(i) Businesses that have opened or resumed operations under this article.
(6) Information by the business if a coworker has been tested for COVID-19 and the results of those tests when 20200HB2388PN3719 - 2 - available.
(ii) The number of investigations initiated under this article.
(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.
(iii) The number of enforcement actions taken under this article and penalties imposed.
(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:
(iv) The number of reports, plans and applications filed by businesses for resumption of business activities.
"Essential employee." An employee of a business who is required by the employee's employer to report to work at a physical location.
(v) The number of plans approved and applications processed.
ARTICLE I-A <-- EMERGENCY COVID-19 PROVISIONS SECTION 101-A.
(4) File the report with all of the following:
DEFINITIONS.
(i) The Health and Human Services Committee of the Senate.
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:
(ii) The Health Committee of the House of Representatives.
"ORDER." THE GOVERNOR'S 20200319 TWW COVID-19 BUSINESS CLOSURE ORDER.
(iii) The Labor and Industry Committee of the Senate.
"SECRETARY." THE SECRETARY OF COMMUNITY AND ECONOMIC DEVELOPMENT OF THE COMMONWEALTH.
(iv) The Labor and Industry Committee of the House of Representatives.
SECTION 102-A.
Section 2104-C.
VEHICLE DEALER WAIVER PROVISIONS.
Filing of business plans and applications.
(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.
A business shall file with the Department of Community and Economic Development on or before May 15, 2020, a business plan that details how the business will comply with all of the following:
(B) DEFINITIONS.--AS USED IN THIS SECTION, THE TERM "DEALER" SHALL HAVE THE SAME MEANING AS PROVIDED IN 75 PA.C.S.
(1) Regulations, guidance and orders of the department.
ยง 102 (RELATING TO DEFINITIONS).
(2) Regulations, guidance and orders of the Centers for Disease Control and Prevention.
SECTION 103-A.
(3) Regulations, guidance and orders of the Occupational Safety and Health Administration.
LAWN AND GARDEN CENTERS WAIVER PROVISIONS.
(4) Implementation and continuation of a paid sick-leave policy for employees that meets the following minimum standards:
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.
(i) If an employee has the symptoms of COVID-19.
SECTION 104-A.
Under this policy, the employee:
COSMETOLOGY SALON AND BARBER SHOP WAIVER PROVISIONS.
(A) shall be put on leave immediately upon the exhibition of symptoms;
Show all 81 changed rows (41 more)
Previous
Latest
(A) WAIVER.--THE SECRETARY SHALL IMMEDIATELY ISSUE A WAIVER TO THE ORDER TO ALLOW:
and (B) must remain on leave until a physician indicates that return to employment is safe.
(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;
(ii) If a member of an employee's household is ill, the employee may be put on leave to care for the ill individual.
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.
(iii) A COVID-19 positive test result is not required to take sick leave.
(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:
(5) Providing personal protective equipment to employees and other sanitary devices, equipment and supplies for all employees returning to work at the business site.
(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;
(6) Ensuring that there is a minimum of six feet between employees and any other individual on the site of the business.
(2) REQUIRE THAT EMPLOYEES WEAR MASKS AND GLOVES AT ALL TIMES;
2020/90DMS/HB2388A05585 - 2 - (7) Implementation of sanitary policies and a regular cleaning schedule to reduce exposure to COVID-19.
(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;
This paragraph includes:
(4) REQUIRE CUSTOMERS TO EITHER WASH HANDS WITH SOAP AND WATER OR HAND SANITIZER UPON ENTERING UNLESS WEARING GLOVES;
(i) Disinfecting restrooms, work spaces and areas with access to the public.
20200HB2388PN3719 - 4 - (5) ENSURE THAT CUSTOMERS WEAR MASKS AT ALL TIMES AND MAINTAIN AT LEAST SIX FEET OF DISTANCE BETWEEN OTHER CUSTOMERS;
(ii) Maintaining adequate cleaning supplies, tissues, hand sanitizers, gloves, medical masks and other necessary sanitary products.
(6) REMOVE ALL READING AND OTHER MATERIALS FROM WAITING AREAS BESIDE SEATING FOR CUSTOMERS;
(8) Encouraging as many employees as possible to work from home.
(7) PROHIBIT INDIVIDUALS ON THE PREMISES WITHOUT AN APPOINTMENT UNLESS ACCOMPANYING A CUSTOMER UNDER THE AGE OF 18;
(9) Conducting meetings online as much as possible.
AND (8) WIPE DOWN CHAIRS, SURFACES AND OTHER EQUIPMENT USED ON A CUSTOMER WITH ACCEPTABLE CLEANING MATERIALS AFTER EVERY CUSTOMER.
(10) Suspending nonessential operations.
SECTION 105-A.
(11) Implementation of minimal staffing.
MESSENGER SERVICE AND AGENT SERVICE ACTIVITIES WAIVER PROVISIONS.
(12) Limiting interaction with individuals who are not employees.
(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.
(13) Not permitting an employee to work in an area open to the public if any of the following is in the employee's household:
(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.
(i) An individual who is ill.
ยง 102 (RELATING TO DEFINITIONS).
The prohibition under this subparagraph continues until a physician indicates that return of the employee to work in the area is safe for the public.
SECTION 106-A.
(ii) An individual who is at high risk for suffering severe consequences from contracting COVID-19.
ANIMAL GROOMING SERVICES WAIVER PROVISIONS.
(14) Not permitting an employee who is at high risk of suffering severe consequences from contracting COVID-19.
THE SECRETARY SHALL IMMEDIATELY ISSUE A WAIVER TO THE ORDER TO ANIMAL GROOMING SERVICES THAT COMPLY WITH SECTION 108-A.
(15) No permitting employees to share tools, equipment, desks or chairs.
SECTION 107-A.
(16) Closing break rooms and dining areas.
MANUFACTURING OPERATIONS WAIVER PROVISIONS.
Section 2105-C.
(A) WAIVER.--THE SECRETARY SHALL IMMEDIATELY ISSUE A WAIVER TO THE ORDER TO ALL MANUFACTURING OPERATIONS THAT COMPLY WITH SECTION 108-A.
Sanctions and penalties.
(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.
(a) Warning.--If the department determines that a business is in violation of this article, the department shall order the business to correct the violation within 24 hours.
SECTION 108-A.
(b) Penalty.--A business that does not comply with an order under subsection (a) is subject to a civil penalty as follows:
COMPLIANCE.
(1) For a first offense, a fine of $5,000.
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.
(2) For a second offense, revocation of any permit to open issued by the Department of Community and Economic Development and closure for a period of 15 days.
SECTION 109-A.
The business shall be required to pay all wages, salaries, benefits and commissions due all employees for the period of closure for payment to the employees.
EFFECT OF SUBSEQUENT ORDERS.
(3) For a third or subsequent offense, revocation of any permit to open issued by the Department of Community and Economic Development and closure for a period of 30 days.
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.
The business shall be required to pay all wages, salaries, benefits and commissions due all employees for the period of closure for payment to the employees.
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.
(c) Administrative agency law.--Subsection (b) is subject to 2 Pa.C.S.
Section 2.
Chs.
This act shall take effect immediately.
5 Subch.
20200HB2388PN3719 - 6 -
A (relating to practice and procedure of Commonwealth agencies) and 7 Subch.
A (relating to judicial 2020/90DMS/HB2388A05585 - 3 - review of Commonwealth agency action).
Section 2106-C.
Expiration.
This article shall expire on the earlier of:
(1) publication of the notice of the expiration of the declaration of disaster;
or (2) January 15, 2021.
2020/90DMS/HB2388A05585 - 4 -