Pennsylvania Governor Tom Wolf said Wednesday that the COVID-19 emergency disaster declaration would continue despite the passage of HR 836, the Republican-led Legislature’s resolution ending it.
“I understand that it’s frustrating and I understand the hardship. We have to stay focused on recovery,” Wolf said, at a press conference. “Ending the disaster declaration is not part of that plan.”
Wolf said he will turn to the courts to fight the resolution. Based on his understanding, he said, “I don’t know of any case where the Legislature can unilaterally pass a law” without the governor’s oversight.
Wolf claimed that lifting the declaration would not reopen businesses, but it would reduce access to telehealth services, reverse the moratorium on utility shutoffs, lift the temporary ban on evictions, impede food distribution systems and otherwise impact a variety of other measures designed to help those directly or indirected impacted by coronavirus.
Wolf also claimed that language in the state constitution that requires all legislation to first pass his scrutiny before taking effect. Republican lawmakers differ with him, saying that emergency declarations are an exception and that the Legislature can terminate them at any time.
Rep. Jim Struzzi issued the following post on his Facebook page shortly after 4 pm today.
Many of you have been asking if the passage of HR 836 means that current restrictions are immediately lifted. The short answer is no, at least not yet. The governor stated today that he will take this to court. As noted below, the courts have already made clear that the General Assembly has this power.
Whenever there is a constitutional dispute between the legislative and executive branches of government – such as this one – it falls to the courts to make the final call. The PA Supreme Court has already stated that the General Assembly has this power — accordingly, I would expect them to rule in favor of terminating the emergency order.
Unfortunately, until everything is settled, green phase restrictions will remain in Indiana County. I will provide you with an update as soon as I know more.
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