The PA House and Senate, as within their authority as described in Title 35 of the Pennsylvania Statutes, have given notice that the Governor’s disaster declaration is now terminated:
Notice is hereby given that the House of Representatives and the Senate of Pennsylvania, pursuant to their authority under 35 Pa.C.S. § 7301(c), terminated the Governor’s Disaster Emergency Declaration on March 6, 2020, as amended and renewed on June 3, 2020. House Concurrent Resolution 836, Printer’s Number 3910, further directs the Governor to fulfill his mandatory obligation to immediately issue an Executive Order or Proclamation ending the State of Disaster Emergency.
David L. Reddecliff
Chief Clerk House of Representatives Commonwealth of Pennsylvania
What does this mean?
The relevant portion of Title 35 linked above states:
The General Assembly by concurrent resolution may terminate a state of disaster emergency at any time. Thereupon, the Governor shall issue an executive order or proclamation ending the state of disaster emergency.
If the Governor ignores what the PA General Assembly has stated, which he intends to do, he is acting beyond his authority. County Executive Kathy Dahlkemper could then also declare Erie County no longer under the disaster declaration, but she, too, seems intent on ignoring the PA legislature.
The statute is clear, but the governor has already stated he will not comply with its provisions requiring him to issue a proclamation ending the state of emergency. Pennsylvania residents should ask themselves, is Pennsylvania’s governor subject to the laws of the Commonwealth, or not?
Everyone in Erie County should understand the governor is no longer operating within the bounds of his statutory authority and respond accordingly.