The Pennsylvania General Assembly voted Tuesday to end the state’s COVID-19 emergency declaration and shutdown in a move to restart the economy, paving the way for a legal battle with Gov. Tom Wolf who disputed that the Legislature can act unilaterally to terminate the March 6 disaster declaration.
“The governor has used the power afforded to him under this declaration without input from the Legislature, suspending state laws, spending money without legislative approval, and his most unfair action of all, shutting down the family-sustaining careers of millions of Pennsylvanians,” House Majority Leader Bryan Cutler (R-Peach Bottom) said. “The COVID-19 curve is flat, and our hospital systems are not overrun with cases. Our business owners, workers and families no longer need to live under state-imposed quarantines,” Cutler added.
Republican lawmakers said that under the state’s constitution, the General Assembly has the right to terminate a state of disaster emergency at any time by concurrent resolution. Following adoption of the resolution, the governor must issue an executive order or proclamation ending the emergency order. The Senate passed House Resolution 836 in a 31-19 vote after a four-hour debate. The House passed the resolution almost immediately with a vote of 121-81.
However, Wolf said any concurrent resolution needs to be approved or disapproved by the governor, and noted that the disaster declaration is separate from the orders signed by Secretary of Health Dr. Rachel Levine under the Disease Prevention Act that include provisions for business reopening and for worker and building safety.
The governor said on Wednesday that if the disaster declaration were to end, the state could lose federal public and individual disaster assistance, as well as a number of protections for businesses, workers and residents.
But Senate Republican leaders stated that the coronavirus emergency declaration was implemented for months without the approval of the General Assembly to the irreparable detriment of families and employers.
“Ending the Wolf Administration’s emergency declaration is about listening to the hard-working men and women of Pennsylvania who sent us to Harrisburg to be their voice,” Senate President Pro Tempore Joe Scarnati (R-25) said. “Today’s passage of House Resolution 836 is a responsible approach to ensuring our Constitutional freedoms are protected, while continuing to responsibly address the impacts of COVID-19.”
Senate Majority Leader Jake Corman (R-34) said the original disaster declaration was needed to give time and attention to the early days of the pandemic. That time, however, is now over, he said.
“The need to suspend civil liberties in the interest of public health and safety has clearly passed,” Corman said. “People need to have the freedom to return to normalcy and decide for themselves the level of engagement with society that they are comfortable doing. We have educated ourselves. The public has guidelines. Our employers have guidelines. It is time to allow people the freedom to decide for themselves – to control their actions and decisions.”
Sen. Camera Bartolotta (R-46) noted that in addition to harming businesses, the extended shutdowns have also caused damaging effects in personal and family lives.
“Cases of depression, mental health crises and food insecurity are skyrocketing. Poverty inflicted by the Wolf Administration’s shutdown order is climbing,” Bartolotta said. She added: “It is a rare case where a disaster declaration actually creates more harm than good, but that is exactly what we are seeing in our communities every day under this extended declaration.”
One of the main arguments against House Resolution 836 is that the termination of the emergency declaration will jeopardize Pennsylvania’s ability to apply for and receive COVID-19-related federal funding. However, FEMA stated that revocation of the governor’s emergency order will not impact the Commonwealth’s eligibility for reimbursement of costs authorized under the agency’s emergency and major disaster declarations for COVID-19, according to a June 9 tweet released by the House Republicans.
Still, some state Democrats said it’s still too soon to end the emergency declaration.
“Instead of prematurely terminating the Emergency Declaration we should be spending time on legislation that will help our constituents recover from this pandemic,” said Sen. Lindsey M. Williams (D-38).