Amendment vs bill Senate Amendment A05600 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.
H2388B3719A05600 AJM:JMT 05/12/20 #90 A05600 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 L.
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;
WILLIAMS Printer's No.
abolishing, creating, reorganizing or authorizing the reorganization of certain administrative departments, boards, and commissions;
3719 Amend Bill, page 6, by inserting between lines 20 and 21 Section 110-A.
defining the powers and duties of the Governor and other executive and administrative officers, and of the several administrative departments, boards, commissions, and officers;
Protection from retaliation.
fixing the salaries of the Governor, Lieutenant Governor, and certain other executive and administrative officers;
(a) General rule.--It shall be unlawful for a business operating under a waiver to the order to discharge, threaten or otherwise retaliate or discriminate against an individual employed by the business regarding compensation or other terms or conditions of employment because the individual:
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.
(1) makes a complaint regarding the business' failure to comply with the mitigation measures defined by the Centers for Disease Control and Prevention or the order of the Secretary of Health directing public health and safety measures for businesses permitted to maintain in-person operations to the business or the Department of Community and Economic Development;
The General Assembly of the Commonwealth of Pennsylvania hereby enacts as follows:
or (2) participates in an investigation regarding the business' failure to comply with the mitigation measures defined by the Centers for Disease Control and Prevention or the order of the Secretary of Health directing public health and safety measures for businesses permitted to maintain in- person operations.
Section 1.
(b) Actions.--An individual who suffers retaliation or discrimination in violation of this section may bring an action in a court of common pleas in accordance with established civil procedures of this Commonwealth.
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:
The action must be brought within three years from the date the individual knew of the retaliation or discrimination.
ARTICLE I-A <-- EMERGENCY COVID-19 PROVISIONS Section 101-A.
(c) Relief.--If an individual prevails in an action commenced under this section, the individual shall be entitled to the following relief:
Extension of waiver provisions.
(1) reinstatement of the individual as an employee, if applicable;
(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.
(2) restitution equal to three times the amount of the individual's wages and fringe benefits calculated from the date of the retaliation or discrimination;
(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:
(3) reasonable attorney fees and the cost of the action;
(1) Additional hazard pay, relative to the employee's risk of exposure.
and (4) any other legal and equitable relief as the court deems appropriate.
(2) Appropriate new personal protective equipment at the start of every shift.
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Personal protective equipment shall include, but not be limited to, gloves and a mask.
(3) A work environment that maximizes the safety of the employee and the public, including, but not limited to, social distancing and barriers.
(4) Cleaning areas with adequate soap and water and breaks to frequently engage in hand washing.
(5) Leave for sickness, which shall be compensated at the employee's normal wage.
(6) Information by the business if a coworker has been tested for COVID-19 and the results of those tests when 20200HB2388PN3719 - 2 - available.
(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.
(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:
"Essential employee." An employee of a business who is required by the employee's employer to report to work at a physical location.
ARTICLE I-A <-- EMERGENCY COVID-19 PROVISIONS SECTION 101-A.
DEFINITIONS.
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:
"ORDER." THE GOVERNOR'S 20200319 TWW COVID-19 BUSINESS CLOSURE ORDER.
"SECRETARY." THE SECRETARY OF COMMUNITY AND ECONOMIC DEVELOPMENT OF THE COMMONWEALTH.
SECTION 102-A.
VEHICLE DEALER WAIVER PROVISIONS.
(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.
(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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