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House passes bill that would allow small operations to reopen

A bill that could reopen some Pennsylvania businesses passed the Republican-controlled state House of Representatives along a 107-95 party line vote Tuesday night.

In mid-March, Gov. Tom Wolf ordered more than 100 types of “non-life-sustaining” businesses to close or face fines. Republicans, however, said there was not enough transparency or equity in the process for businesses to apply for a waiver to remain open.

Senate Bill 613 would make businesses such as construction companies, real estate offices and car dealerships eligible to reopen if they follow federal guidelines set forth by the Centers for Disease Control and Prevention.

Pennsylvania, state Rep. Doyle Heffley, R-Carbon, said, has been stricter with its businesses than neighboring states, which is hurting some employers who feel they can safely operate.

“We’re not talking about opening up movie theaters or concert halls,” Heffley said. “But we have someone like KME and they are still working, but they can’t finish the sale of their product. I’ve heard from people in the construction industry who would have one or two people working on a building. A home inspector can inspect a home with nobody else in it. They could comply with social distancing and still work, but they can’t right now under the current setup.”

State Rep. Jack Rader, R-Monroe, said many constituents have called his office asking why their little one- or two-man operation can’t be open.

“They could easily operate under CDC guidelines and be open, and I think they should be,” Rader said. “We need to think about small businesses and how they can safely open without risking the health of others, as long as they operate under the proper structure. It’s not a political answer here. I think we have to worry about our health, and we have to think about helping businesses, and I think we should do both. Because of that, I supported Senate Bill 613.”

During a conference call with reporters on Tuesday afternoon, before the House vote was cast, Wolf said both parties have a common goal of getting people back to work and reopening the economy, but have differing views of how to get there.

“We’re all trying to do the right thing, but if we don’t do this right, and we open too soon, we’re going to be in worse shape than we are right now,” Wolf said.

State Secretary of Health Dr. Rachel Levine called the legislation irresponsible and reckless.

“I voted no because I am listening to doctors and medical experts,” said state Rep. Jennifer O’Mara, D-Delaware County. “I want to open the economy as soon as the data shows it is time.”

Other Democratic lawmakers argued the legislation places profit over people’s lives.

“I’m not buying that argument,” Heffley said. “This legislation has provisions so that if the governor sees a hot spot, he can put more stringent requirements in place there. That is also why we have pushed for the case numbers to be released by ZIP code, not just county, so we can see those hot spots.”

Two Republicans, Thomas Murt and Todd Stephens, who serve districts in southeast Pennsylvania with a high number of COVID-19 cases, crossed party lines to reject the bill.

The majority of Republicans, however, said surrounding states are already allowing these types of businesses to operate under CDC guidelines.

“Our neighboring states have used this process from the beginning of this pandemic and their workforces are operating safely and efficiently,” House Majority Leader Bryan Cutler, R-Lancaster said. “Pennsylvania’s businesses, large and small, and the millions of taxpaying residents who work for those businesses, deserve the opportunity to innovate and adjust their existing business to today’s unique and challenging environment.”

Cutler said passing the legislation could save thousands of businesses before they are, “forced to close forever.”

“Citizens of the commonwealth have a great resilience and strength and will go to great lengths to do what is necessary to win this fight against an invisible enemy - the COVID-19 virus,” he said. “However, managing the moment cannot be our only focus.”

State Rep. Jerry Knowles, R-Carbon/Berks/Schuylkill, supported the legislation.

“The vast majority of states are working on a “reopening” strategy, currently use these guidelines,” he said. “It ends the arbitrary waiver process. We need to put Pennsylvania back to work safely.”

Wolf had yet to see the final version of the bill as he spoke on Tuesday’s conference call, when he stopped short of saying he would veto it. Wolf said he had spoken with legislative leaders from both the House and the Senate earlier in the day, when he expressed his concerns with the proposal.

“It keeps changing so I’ll have to take a look at the final version,” he said. “When I spoke to those legislative leaders today, we had not come to any agreement. We still had very differing opinions. We need to keep people safe. That is the bottom line.”

The bill now heads back to the Senate for concurrence on amendments made by the House.

Sarah Rivas an employee at Annie's Paramount Steakhouse in Dupont Circle district of Washington, arranges display of toilet paper and liquor for carry out orders Monday, April 13, 2020. The steakhouse closed due to the coronavirus pandemic but is opened for carry out orders offering the steakhouse's menu, liquor and groceries. (AP Photo/Manuel Balce Ceneta)