Trial Engrossment of Amendment A05586 to House Bill 2412 P.N. 3720, Regular Session 2019-2020

SENATE AMENDED

A05586

THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

No.

2412

Session of

2020

INTRODUCED BY POLINCHOCK, CIRESI, BARRAR, SCHLEGEL CULVER,

ECKER, JAMES, JONES, KAUFFMAN, KULIK, MACKENZIE, MALAGARI,

MEHAFFIE, MIHALEK, PUSKARIC, ROTHMAN, ROWE, RYAN, SCHMITT,

STAATS, STEPHENS, STRUZZI, TOEPEL, COX, NELSON, TOMLINSON,

KNOWLES, BOROWICZ, KLUNK, JOZWIAK, SIMMONS, READSHAW, SAPPEY,

MOUL, FEE, ZIMMERMAN, SHUSTERMAN, LEWIS, ULLMAN, DeLUCA,

KEEFER, ROZZI, GILLEN, T. DAVIS, OWLETT, HICKERNELL, THOMAS,

BOBACK, B. MILLER, MENTZER, MUSTELLO, MIZGORSKI, RIGBY, HELM,

METCALFE, FARRY, WHEELAND, KORTZ AND BROOKS, APRIL 16, 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

Executive Department thereof and the administrative

departments, boards, commissions, and officers thereof,

including the boards of trustees of State Normal Schools, or

Teachers Colleges; abolishing, creating, reorganizing or

authorizing the reorganization of certain administrative

departments, boards, and commissions; defining the powers and

duties of the Governor and other executive and administrative

officers, and of the several administrative departments,

boards, commissions, and officers; fixing the salaries of the

Governor, Lieutenant Governor, and certain other executive

and administrative officers; providing for the appointment of

certain administrative officers, and of all deputies and

other assistants and employes in certain departments, boards,

and commissions; providing for judicial administration; and

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.

relating to extension of waiver provisions and for

responsible return to action protocols.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1. The act of April 9, 1929 (P.L.177, No.175), known

as The Administrative Code of 1929, is amended by adding an

article articles to read:

ARTICLE I-A

EMERGENCY COVID-19 PROVISIONS

Section 101-A. Extension of waiver provisions.

(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:

(1) all real estate activities of brokers, salespersons

and licensees as those terms are defined under the act of

February 19, 1980 (P.L.15, No.9), known as the Real Estate

Licensing and Registration Act, that involve the following:

(i) meetings by licensees, under the supervision of

their brokers, with prospective home buyers and tenants,

when necessary, at residences currently listed for sale

in a public forum for the purposes of facilitating a sale

of real estate, which meetings may include virtual walk-

throughs where the licensees are alone and using a

digital tool to relay the home details to the prospective

buyers or tenants;

(ii) designations by a broker of one essential,

nonlicensed employee to enter the brokerage for the

purpose of collecting contracts, addenda, deposits, rent

or other items necessary to facilitate real estate

transactions; and

(iii) entering, by licensees and an individual named

as a party to the contract, of properties that are within

72 hours of settlement for the purposes of evaluating

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requested repairs negotiated between the parties to the

contract;

(2) activities of residential home inspection providers,

including ancillary inspectors of wood infestation, radon

levels, water contamination and on-lot sewage functionality,

to enter, individually and separately, properties currently

listed for sale by a broker, under the supervision of the

broker;

(3) activities of real estate professionals and video or

virtual tour creators and other professionals serving the

public need for real estate information, while obeying the

Governor's order to enter a residence for which a broker has

a signed contract to provide real estate service, including

allowing for one-time collection of digital media under the

broker's supervision;

(4) activities of settlement service providers, working

in conjunction with a broker, to designate essential

employees for the purpose of executing mortgage documents,

transferring deeds and other necessary documents in person

that can adhere to the 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

(5) legal services provided by attorneys at law as long

as those services are provided in a manner consistent with

the Centers for Disease Control and Prevention's social

distancing guidelines related to the COVID-19 pandemic at the

time the services are provided.

(a.1) Mitigation measures.--Waivers under subsection (a)

shall only be issued to business activities that can adhere to

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applicable mitigation measures defined by the Centers for

Disease Control and Prevention, Occupational Health and Safety

Administration and the Department of Health to protect workers

from and mitigate the spread of COVID-19. A business receiving a

waiver under subsection (a) shall implement the applicable

mitigation measures.

(b) Other real estate actions.--Until the proclamation of

disaster emergency issued by the Governor on March 6, 2020,

published at 50 Pa.B. 1644 (March 21, 2020), and any renewal of

the state of disaster emergency, is terminated or expires under

35 Pa.C.S. § 7301(c) (relating to general authority of

Governor):

(1) Municipal use and occupancy or code enforcement

actions by a municipality under law shall be suspended, or

conditionally granted, if the municipality has not made

alternate provisions for facilitating the grant of a

certificate of occupancy during the proclamation.

(2) Taxing authorities and public utilities shall

provide alternative means for residential home buyers or

title insurers to ascertain the current status of tax

payments or overdue utility obligations.

Commonwealth shall enforce compliance with the provisions of

subsection (a)(1).

ARTICLE I-A

EMERGENCY COVID-19 PROVISIONS

SECTION 101-A. REAL ESTATE WAIVER PROVISIONS.

(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 PROVIDERS OF

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LEGAL SERVICES, AND RESIDENTIAL AND COMMERCIAL REAL ESTATE

SERVICES, INCLUDING SETTLEMENT SERVICES, THAT COMPLY WITH

SECTION 102-A.

(B) OTHER REAL ESTATE ACTIONS.--UNTIL THE PROCLAMATION OF

DISASTER EMERGENCY ISSUED BY THE GOVERNOR ON MARCH 6, 2020,

PUBLISHED AT 50 PA.B. 1644 (MARCH 21, 2020), AND ANY RENEWAL OF

THE STATE OF DISASTER EMERGENCY, IS TERMINATED OR EXPIRES UNDER

35 PA.C.S. § 7301(C) (RELATING TO GENERAL AUTHORITY OF

GOVERNOR):

(1) A MUNICIPALITY OR MUNICIPAL AUTHORITY THAT REQUIRES

A USE AND OCCUPANCY CERTIFICATE, OR ANY OTHER SIMILAR

CERTIFICATE OR CERTIFICATION AS A CONDITION OF A PROPERTY

TRANSFER, SHALL BE PRESUMED TO HAVE ISSUED A FULL AND

UNCONDITIONAL PERMIT WITHOUT REQUIRING AN INSPECTION OF THE

PROPERTY. IF A CERTIFICATE IS PRESUMED TO BE ISSUED, THE

MUNICIPALITY OR MUNICIPAL AUTHORITY SHALL BE ENJOINED FROM

CONDUCTING A PROPERTY TRANSFER INSPECTION AFTER THE

PROCLAMATION HAS TERMINATED OR EXPIRED.

(2) TAXING AUTHORITIES AND PUBLIC UTILITIES SHALL

PROVIDE ALTERNATIVE MEANS FOR RESIDENTIAL HOME BUYERS OR

TITLE INSURERS TO ASCERTAIN THE CURRENT STATUS OF TAX

PAYMENTS OR OVERDUE UTILITY OBLIGATIONS.

"PROVIDERS OF RESIDENTIAL AND COMMERCIAL REAL ESTATE SERVICES"

SHALL MEAN:

(1) REAL ESTATE BROKERS AND ALL AFFILIATED LICENSEES AND

UNLICENSED EMPLOYEES.

(2) HOME INSPECTORS, PROFESSIONAL ENGINEERS AND

ARCHITECTS.

(3) ANY OTHER PROFESSIONAL CONTRACTOR, INSPECTOR OR

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OTHER SERVICE PROVIDER THAT IS PROVIDING AN INSPECTION THAT

IS INCLUDED AS A CONTINGENT PROVISION OF A REAL ESTATE

AGREEMENT OF TRANSFER OR LEASE.

(4) REAL ESTATE APPRAISERS.

(5) PHOTOGRAPHERS OR VIDEOGRAPHERS ENGAGED IN COLLECTING

DIGITAL MEDIA FOR REAL ESTATE MARKETING PURPOSES.

(6) TITLE AGENTS, ATTORNEYS AND NOTARIES PROVIDING

SETTLEMENT SERVICES.

SECTION 102-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 103-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 IN 50 PA.B. 1644 (MARCH 21, 2020), OR ANY RENEWAL

THEREOF, UNLESS THE ORDER REMOVES ANY OF THE RESTRICTIONS OR

OTHERWISE GRANTS GREATER PERMISSIONS FOR OPERATIONS THAN ARE

PROVIDED UNDER THIS ARTICLE.

ARTICLE XXI-C

COVID-19 RETURN TO WORK PROTOCOLS

Section 2101-C. Scope.

This article relates to responsible return to action

protocols.

Section 2102-C. Definitions.

The following words and phrases when used in this article

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shall have the meanings given to them in this section unless the

context clearly indicates otherwise:

"Business." A for profit, not-for-profit and non-profit

entity that offers or produces goods or services for

consideration.

"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 1644 (March 21, 2020).

"Department." The Department of Health of the Commonwealth.

Section 2103-C. Department functions.

(a) Authority.--The department may do all of the following

for the implementation, administration and enforcement of this

article:

(1) Promulgate regulations, publish guidelines and issue

orders as necessary.

(2) Investigate violations and impose sanctions as

authorized under this article.

(3) In consultation with the Department of Community and

Economic D evelopment submit a monthly report regarding the

administration and enforcement under this article that

includes:

(i) Businesses that have opened or resumed

operations under this article.

(ii) The number of investigations initiated under

this article.

(iii) The number of enforcement actions taken under

this article and penalties imposed.

(iv) The number of reports, plans and applications

filed by businesses for resumption of business

activities.

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(v) The number of plans approved and applications

processed.

(4) The report shall be filed with all of the following:

(i) The Health and Human Services Committee of the

Senate.

(ii) the Health Committee of the House of

Representatives.

(iii) The Labor and Industry Committee of the

Senate.

(iv) The Labor and Industry Committee of the House

of Representatives.

Section 2104-C. Filing of business plans and applications.

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:

(1) Regulations, guidance and orders of the department.

(2) Regulations, guidance and orders of the Centers for

Disease Control and Prevention.

(3) Regulations guidance and orders of the Occupational

Safety and Health Administration.

(4) Implementation and continuation of a paid sick-leave

policy for employees that meets the following minimum

standards:

(i) If an employee has the symptoms of COVID-19.

Under this policy, the employee:

(A) shall be put on leave immediately upon the

exhibition of symptoms; and

(B) must remain on leave until a physician

indicates that return to employment is safe.

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(ii) If a member of an employee's household is ill,

the employee may be put on leave to care for the ill

individual.

(iii) A COVID-19 positive test result is not

required to take sick leave.

(5) Provides personal protective equipment to employees

and other sanitary devices, equipment and supplies for all

employees returning to work at the business site.

(6) Ensure that there is a minimum of six feet between

employees and any other individual on the site of the

business.

(7) Implement sanitary policies and a regular cleaning

schedule to reduce exposure to COVID-19. This paragraph

includes:

(i) Disinfecting restrooms, work spaces and areas

with access to the public.

(ii) Maintaining adequate cleaning supplies,

tissues, hand sanitizers, gloves, medical masks and other

necessary sanitary products.

(8) Encourages as many employees as possible to work

from home.

(9) Conduct meetings online as much as possible.

(10) Suspend nonessential operations.

(11) Implement minimal staffing.

(12) Limit interaction with individuals who are not

employees.

(13) Not permit an employee to work in an area open to

the public if any of the following is in the employee's

household:

(i) An individual who is ill. The prohibition under

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this subparagraph continues until a physician indicates

that return of the employee to work in the area is safe

for the public.

(ii) An individual who is at high risk for suffering

severe consequences from contracting COVID-19.

(14) Not permit an employee who is at high risk of

suffering severe consequences from contracting COVID-19.

(15) No permit employees to share tools, equipment,

desks or chairs.

(16) Close break rooms and dining areas.

Section 2105-C. Sanctions and penalties.

(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.

(b) Penalty.--A business that does not comply with an order

under subsection (a) is subject to a civil penalty as follows:

(1) For a first offense a fine of $5,000.

(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. 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.

(3) For a third or subsequent offense, revocation of an

permit to open issued by the Department of Community and

Economic Development and closure for a period of 30 days. 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.

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2 Pa.C.S. Chs. 5 Subch. A (relating to practice and procedure of

Commonwealth agencies) and 7 Subch. A (relating to judicial

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.

Section 2. This act shall take effect immediately.

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