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A01183
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE RESOLUTION
No.
106
Session of
2021
INTRODUCED BY BENNINGHOFF, MAY 24, 2021
REFERRED TO COMMITTEE ON STATE GOVERNMENT, MAY 24, 2021
A CONCURRENT RESOLUTION
Extending in part and terminating in part the March 6, 2020,
proclamation of disaster emergency, as amended and renewed,
issued under the hand and seal of the Governor, Thomas
Westerman Wolf.
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, On August 31, 2020, the Governor issued an amendment
to the proclamation of disaster emergency renewing the
declaration for an additional 90 days; and
WHEREAS, On November 29, 2020, the Governor issued an
amendment to the proclamation of disaster emergency renewing the
declaration for an additional 90 days; and
WHEREAS, On February 19, 2021, the Governor issued an
amendment to the proclamation of disaster emergency renewing the
declaration for an additional 90 days; and
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WHEREAS, On May 20, 2021, the Governor issued an amendment to
the proclamation of disaster emergency renewing the declaration;
and
WHEREAS, On May 18, 2021, the People of Pennsylvania adopted
an amendment to section 9 of Article III of the Constitution of
Pennsylvania which provides that orders, resolutions or votes
"to which the concurrence of both Houses may be necessary,
except on the questions of ... termination or extension of a
disaster emergency declaration as declared by an executive order
or proclamation, or portion of a disaster emergency declaration
as declared by an executive order or proclamation, shall be
presented to the Governor" for his approval or veto; and
WHEREAS, On May 18, 2021, the People of Pennsylvania adopted
section 20(c) of Article IV of the Constitution of Pennsylvania
which provides, in relevant part, "A disaster emergency
declaration under subsection (a) shall be in effect for no more
than twenty-one (21) days, unless otherwise extended in whole or
part by concurrent resolution of the General Assembly";
therefore be it
RESOLVED (The Senate concurring), That the General Assembly,
in accordance with section 20 of Article IV of the Constitution
of Pennsylvania, hereby terminates in part and extends in part
the disaster emergency declared on March 6, 2020, as amended and
renewed, in response to COVID-19; and be it further
RESOLVED, That the General Assembly terminate, and not extend
in part, the following portions of the disaster emergency
declaration:
(1) The portion of the disaster emergency declaration
permitting the declaration to serve as the written
determination of the basis for the emergency under 62 Pa.C.S.
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§ 516. An emergency procurement under 62 Pa.C.S. § 516
relating the novel coronavirus known as COVID-19 shall
include a written determination for the basis of the
emergency other than a proclamation of the Governor.
(2) The portion of the disaster emergency declaration
suspending the provisions of any regulatory statute
prescribing the procedures for conduct of Commonwealth
business, or the orders, rules or regulations of any
Commonwealth agency, but only to the extent that it applies
to any of the following statutes, orders, rules or
regulations:
(i) 62 Pa.C.S. Pt. I.
(ii) (Reserved).
(3) The portion of the disaster emergency declaration
requiring Commonwealth agencies to implement emergency
assignments without regard to procedures required by other
laws pertaining to performance of public work, entering into
contracts, incurring of obligations, employment of temporary
workers, rental of equipment, purchase of supplies and
materials, and expenditures of public funds.
(4) The portion of the disaster emergency declaration
authorizing the Department of Labor and Industry to suspend
or waive the requirements of section 401(b) of the act of
December 5, 1936 (2nd Sp.Sess., 1937 P.L.2897, No.1), known
as the Unemployment Compensation Law.
(5) The portion of the disaster emergency declaration
setting maximum occupancy limits.
(6) The portion of the disaster emergency declaration
closing the physical location of non-life-sustaining
businesses.
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(7) The portion of the disaster emergency declaration
resulting in stay-at-home orders;
and be it further
RESOLVED, That this extension in part of the disaster
emergency declared on March 6, 2020, as amended and renewed, in
response to COVID-19, shall expire on October 1, 2021, except as
terminated or extended, in whole or in part, by the General
Assembly; and be it further
RESOLVED, That any portion of the disaster emergency
declaration which is not terminated in part shall be extended in
part; 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 notify the Governor of the
General Assembly's action; and be it further
RESOLVED, That the Chief Clerk of the House of
Representatives shall transmit this concurrent resolution to the
Legislative Reference Bureau for publication in the Pennsylvania
Bulletin under 45 Pa.C.S. § 725(a)(4).
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