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Wolf plans fight over resolution

Legislators vote to end declaration

Gov. Tom Wolf unveiled plans Wednesday for a legal battle over the recently passed resolution to disband his disaster declaration.

“Ending the disaster declaration would not reopen anything,” Wolf said in a news conference Wednesday. “It just wouldn't. And anybody who says differently is wrong.”

House Resolution 836 was created in April to terminate the March 6 Proclamation of Disaster Emergency issued by Wolf.

The resolution passed concurrently in the House and Senate on Tuesday.

The Senate passed the resolution with a vote of 31-19. The House passed the resolution with a vote of 121 to 81.

Rep. Marci Mustello, R-11th, said she voted to end Wolf's declaration because more than 2 million Pennsylvanians have filed for unemployment and have yet to see assistance. She said it is time for people to regain their livelihoods.

“We need to reopen our businesses so employees can get back to work and feed their families,” Mustello said. “I am certain that the people and businesses that I represent have the intelligence and the common sense to take the necessary precautions to open and shop safely. It is their constitutional right.”

Mustello and other supporters of the resolution maintain that the Legislature has the authority to end the emergency declaration unilaterally. She said she believes the state constitution stands behind the Legislature's recent work.

“Last night's House vote completes the concurrent resolution process,” she said.

Wolf believes he should have the authority to veto the resolution.

“As I understand it right now, it will not get to my desk,” Wolf said. “I don't know (where it says) anywhere in the constitution that the general assembly can unilaterally pass a law and put it into place.”

State General Counsel Gregory Schwab also attended Wednesday's news conference and told reporters the question of the governor's authority will be brought before a court.

“It's clear or it seems clear that the plan was they were never going to present this to the governor, thereby taking away his ability to approve or disprove the resolution, which the constitution requires that presentment,” Schwab said.

Schwab believes the courts will see the case quickly and come to a quick resolution.

“I think the status quo remains in place. Nothing has changed according to the phased reopening plan,” Schwab said. “The disaster proclamation remains in effect. Under the law, there's only one way to end it, and that's when the governor ends it.”

According to Wolf, if his declaration is removed, then a slew of his helpful actions will be rescinded too.

He said those seeking unemployment will have difficulties; school meal eligibility waivers would end; and health care services and providers will be hindered, among others.

Sen. Joe Pittman, R-41st, spoke on the floor of the Senate preluding its approval of the resolution.

“This resolution is about checks and balances,” he said to his colleagues on the floor. “For years, the executive has overreached.”

Pittman said the governor imposed restrictions that infringed on Pennsylvanians' rights without transparency and accountability.

“Too many years, we have let it happen, and now is the time when we reclaim our coequal status as our constitution was founded,” Pittman said, before asking his colleagues to support the resolution Tuesday.

In a statement released Tuesday, Sen. Elder Vogel, R-47th, said the state's health systems are capable of handling COVID-19 without the state government's continued restrictions.

“We know now who the virus affects most severely, and we have developed strategies to protect the most vulnerable among us,” Vogel said. “It is time to move forward, but we cannot in a climate where the governor uses the powers provided by a disaster declaration to stymie the other branches of government.”

State Sen. Scott Hutchinson, R-21st, also released a statement Tuesday.

“We experienced unprecedented events this spring and quick and decisive actions were required at that time,” he said. “We flattened the curve and we have prepared for the future. We no longer need the extreme oversight provisions of Gov. Wolf's disaster proclamation.”

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