Gov. Tom Wolf threatened to withhold discretionary CARES Act funding from counties that don't comply with his orders regarding the coronavirus.

“We Pennsylvanians are in a fight for our lives,” Wolf said. “The enemy is a virus set on destroying us.”

In a news conference Monday, Wolf said noncompliant counties will not be eligible for federal stimulus discretionary funds.

Wolf addressed the issue after multiple counties declared themselves open in rebellion against his stay-at-home orders and shutdown of businesses deemed “non-life-sustaining.”

“I cannot allow residents in a red county to get sick because their local officials can't see the invisible risk of the virus in their community,” Wolf said. “So, I must — and I will — impose consequences if a county locally lifts restrictions when it has not yet been given the go-ahead by the state.”

While Wolf said there would be funding restrictions to noncompliant counties in the red phase, he did not specify if counties in the yellow phase might also see consequences.

Wolf said local officials who pronounce their communities open for business are acting selfishly and risking lives.

“The politicians who are encouraging the people they were elected to lead to quit the fight are acting in a most cowardly way,” said Wolf, asserting they are “choosing to desert in the face of the enemy.”

[naviga:h3]No prosecution[/naviga:h3]

Butler County District Attorney Richard Goldinger said he was not disparaged by Wolf's statement.

“For him to say he's going to withhold funding, that's a political threat,” Goldinger said.

On Friday, Wolf announced Butler County would move from the red phase to the yellow phase Friday, which would remove some restrictions from Wolf's stay-at-home order.

Despite the anticipated move from red to yellow, Goldinger publicly announced Friday his decision to refuse to prosecute cases related to the governor's orders.

On Monday, Goldinger said nothing changed in his position.

“I can use my discretion, and my discretion is that we're not going to prosecute any of these,” he said.

Despite his position, Goldinger said he cannot advise whether a business owner should open their doors.

While Goldinger's position would limit citations for violations regarding Wolf's orders, the certifications many businesses need to operate are subject to decisions by state departments and authorities, who could also rescind or revoke these licenses.

“I cannot tell them if they can open,” Goldinger said. “I can only tell them that the police are not going to come knocking on their door for it.”

[naviga:h3]Consequences[/naviga:h3]

One example used by Wolf is that if a restaurant reopens dine-in services prematurely, then it would be at risk of losing its liquor license.

Wolf also said businesses operating in a noncompliant county are breaking the law and will no longer be eligible for business liability insurance, a move further corroborated by a news release from the Pennsylvania Department of Insurance.

Pennsylvania Insurance Commissioner Jessica Altman warned many insurance policies “contain provisions that exclude coverage for businesses or individuals engaging in illegal acts or conduct.”

However, it was not made clear when such provision become active, whether before or after someone is prosecuted and found guilty of a crime constituting “illegal acts.”

Altman said insurance for businesses and residents protects them from liability.

“Any actions that could potentially create coverage gaps are the antitheses of the civil duty required of all residents during these times of emergency,” she said.

Businesses operating with this risk in mind will also have to deal with another scenario if their employees decide not to return to work.

In a news conference Monday, Secretary of Labor and Industry Jerry Oleksiak explained that employees whose employers are noncompliant with the governor's orders will continue to receive unemployment compensation if they chose not to return to work out of concern for personal safety and safety of co-workers.

However, Oleksiak and his staff also noted there will be investigations, if necessary. He said there is a portal online where employers can report an employee who refuses to come back to work despite the business complying with the governor's orders.

“If that employee should go back to work, (and they do not) then that employer should report them,” Oleksiak said.

But a reported employee is not immediately stripped of their unemployment benefits, according to Sarah Dickinson, director of unemployment compensation benefits policy for the department.

Dickinson said an investigation will take place to determine if an employee has grounds to not return to work despite compliance. She said if an employee has a serious health concern, has a heightened risk for COVID-19 or if the employer has not made the work environment safe enough to return, then the employee may be able to retain the unemployment benefits.

“We don't stop paying benefits while we're investigating,” Dickinson said.

[naviga:h3]The numbers[/naviga:h3]

Meanwhile, cases across the state and county appeared to be decreasing Monday, but it also may be due to a lag in reporting.

Butler Health System spokeswoman Jana Panther acknowledged two deaths attributed to COVID-19 over the weekend, one at Butler Memorial Hospital and the other at Clarion Hospital.

Neither of the two deaths appeared in the state Department of Health's Monday report, which showed that Butler County's death toll remained at six.

The state's data usually sees drastic decreases on Mondays and large spikes on Tuesdays and Wednesdays, which Secretary of Health Dr. Rachel Levine in the past attributed to lags in reporting and data consolidation.

BHS also reported inpatient numbers at both its facilities remain stable, despite the recent deaths.

“The level of confirmed positive cases continues to be low and stable,” Panther said. “There has not been a surge or spike.”

Wolf commended residents for their work thus far in “staying the course,” but was not able to provide a timeline for further advancement of reopening phases.

“We still have counties moving from red to yellow, and we have more counties to come in the future,” Wolf said. “We have to yet set a timeline even for those counties moving from red to yellow that are still in the red zone, let alone move from yellow to green.”

The Associated Press contributed to this report.

The following numbers about the coronavirus pandemic are compiled daily from the Pennsylvania Department of Health’s website and regular releases from Butler Health System.Monday’s COVID-19 statistics:Butler CountyConfirmed cases: 195Negative tests: 2,748Deaths: 6PennsylvaniaNew cases: 543Total cases: 57,154New deaths: 24Total deaths: 3,731Negative tests: 231,704Butler Memorial HospitalInpatients: 5Suspected: 0Confirmed: 5ICU: 1Total tests: 3,353Outdoor tests: 2,152Positive tests: 225Clarion HospitalInpatients: 4Suspected: 2Confirmed: 2ICU: 1Total tests: 704Outdoor tests: 540Positive tests: 27Surrounding CountiesAllegheny: 1,511 confirmed cases, 19,699 negative test results, and 123 deathsArmstrong: 55 confirmed, 843 negative, and 5 deathsBeaver: 491 confirmed, 2,503 negative, and 78 deathsClarion: 23 confirmed, 554 negative, and 2 deathsLawrence: 70 confirmed, 912 negative, and 7 deathsMercer: 75 confirmed, 948 negative, and 2 deathsVenango: 7 confirmed and 302 negativeWestmoreland: 418 confirmed, 5,946 negative, and 30 deathsn The total cases includes confirmed and probable cases.n The total deaths and new deaths include only confirmed deaths, which is a person who tested positive for the virus before their death.