Pennsylvania General Assembly Terminates Governor’s Disaster Declaration

The PA House and Senate, under 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

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.

Is Pennsylvania’s Governor Above the Law?

If the Governor ignores what the PA General Assembly has stated in its concurrent resolution, which he seems intent on doing, he is acting beyond his authority. County Executive Kathy Dahlkemper can also declare Erie County no longer under the disaster declaration, but she, too, seems intent on ignoring the PA legislature.

The governor is an elected official and cannot arbitrarily create new powers for his office or ignore laws that apply to him. The statute states “… the Governor shall issue …,” it doesn’t say “if he feels like it.”

Is Pennsylvania’s governor subject to the laws of the Commonwealth, or not?

If you believe the laws of Pennsylvania still apply to everyone, then all residents, businesses and organizations in Erie County and the rest of the Commonwealth, suffering under the restrictions resulting from the disaster declaration should respond accordingly.