H0836R3881A06057 MSP:JMT 06/07/20 #90 A06057
AMENDMENTS TO HOUSE RESOLUTION NO. 836
Sponsor: SENATOR MASTRIANO
Printer's No. 3881
Amend Resolution, page 2, lines 2 through 30; pages 3 through
7, lines 1 through 30; page 8, lines 1 through 21; by striking
out all of said lines on said pages and inserting
WHEREAS, 35 Pa.C.S. § 7301(c) (relating to general authority
of Governor) authorizes the Governor to declare a state of
disaster emergency; and
WHEREAS, On March 6, 2020, the Governor issued a proclamation
declaring a disaster emergency in response to the existence of
COVID-19 cases in Pennsylvania; and
WHEREAS, On June 3, 2020, the Governor issued an amendment to
the proclamation of disaster emergency renewing the March 6,
2020, declaration for an additional 90 days; and
WHEREAS, The June 3, 2020, amendment provides that all
"directives, authorized actions and provisions" of the March 6,
2020, proclamation shall remain in full force and effect until
rescinded by the Governor or "terminated by law"; and
WHEREAS, Pursuant to section 12 of Article I of the
Constitution of Pennsylvania, the power to suspend laws belongs
to the legislature; and
WHEREAS, 35 Pa.C.S. § 7301(c) authorizes the General Assembly
by concurrent resolution to terminate a state of disaster
emergency at any time; and
WHEREAS, 35 Pa.C.S. § 7301(c) provides that upon the
termination of the declaration by concurrent resolution of the
General Assembly, "the Governor shall issue an executive order
or proclamation ending the state of disaster emergency";
therefore be it
RESOLVED (the Senate concurring), That the General Assembly,
in accordance with 35 Pa.C.S. § 7301(c) and its Article I,
Section 12 power to suspend laws, hereby terminate the disaster
emergency declared on March 6, 2020, as amended and renewed, in
response to COVID-19; and be it further
RESOLVED, That upon adoption of this concurrent resolution by
both chambers of the General Assembly, the Secretary of the
Senate shall notify the Governor of the General Assembly's
action with the directive that the Governor issue an executive
order or proclamation ending the state of disaster emergency in
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accordance with this resolution and 35 Pa.C.S. § 7301(c); and be
it further
RESOLVED, That upon adoption of this concurrent resolution by
both chambers of the General Assembly, the Chief Clerk of the
House of Representatives shall do all of the following:
(1) Transmit a copy of this resolution to the Secretary
of the Commonwealth as an official action of the General
Assembly under the authority provided under 35 Pa.C.S. §
7301(c) to terminate a state of emergency.
(2) Transmit a copy of this resolution to the Director
of the Pennsylvania Emergency Management Agency.
(3) Transmit this resolution to the Legislative
Reference Bureau for publication in the Pennsylvania Bulletin
under 45 Pa.C.S. § 725(a)(4).
(4) Provide public notice of adoption of this resolution
by publishing a summary of it in newspapers of general
circulation in this Commonwealth within five days of adoption
by the Senate and the House of Representatives.
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