Sen. Ward’s amendment limiting the length of future emergency declarations approved by Senate

Sen. Kim Ward

The state Senate approved a proposed constitutional amendment that would require a General Assembly vote to extend the length of future emergency declarations.

The approval on Wednesday of Senate Bill 1166, sponsored by Sen. Kim Ward (R-39), moves the measure closer to a voter referendum. The legislation was amended and approved by the House on Tuesday.

“The way things stand now goes against the grain of our representative republic. Currently, a governor can call a state of emergency where he/she has the unilateral power to override regulations, spend money, and put mandates in place, and can continue to do this without any legislative approval,” Ward said.

Under current Pennsylvania law, a governor’s emergency declaration can last up to 90 days and be renewed by the governor indefinitely. Senate Bill 1166 would subsequently limit an emergency declaration to 21 days unless the General Assembly approved an extension. It also clarifies that the resolution ending the declaration would not be required to be submitted to the governor for his consideration.

“Our Founding Fathers designed a republic with three co-equal branches of government, all designed to provide checks and balances on one another,” Ward said. “The need for this legislation has been born out of Governor Wolf’s refusal to work with the General Assembly during the COVID-19 public health emergency. This Constitutional Amendment is the only mechanism around the governor’s veto pen and the current liberal PA Supreme Court majority.”