Proposed constitutional amendment to limit gov’s emergency powers advanced by Senate committee

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The Senate Veterans Affairs and Emergency Preparedness Committee approved a proposed amendment to the Pennsylvania Constitution to strengthen the state’s response to emergencies by limiting the length of future disaster declarations.

The measure, Senate Bill 2, was sponsored by Sens. John DiSanto (R-15) and Scott Martin (R-13) as well as Senate Majority Leader Kim Ward (R-39). The bill was approved in a 7-4 vote on Jan. 22.

Senate Bill 2 would specifically limit emergency declarations to 21 days unless the General Assembly approves a longer duration. Under current law, the governor’s emergency declaration can last up to 90 days and be renewed by the governor indefinitely.

Senate Bill 2 was approved by the General Assembly during the last legislative session.  However, because it is seeking to amend the Pennsylvania Constitution, the measure must be passed by the General Assembly in an additional, consecutive legislative session. It must then be approved by state voters via referendum.

A written statement from the Pennsylvania Senate Republicans noted that Gov. Tom Wolf has used the disaster declaration for nearly a year to suspend state statues, spend taxpayer dollars without legislative approval, and keep millions of Pennsylvania residents from earning a living through his business shutdown orders.

“Allowing one person to hold such an extraordinary amount of power for an extended period of time will inevitably lead to oversights and mistakes that harm Pennsylvania citizens,” Martin said. “This Constitutional amendment would restore the balance of power and ensure the voice of the people is represented as we respond to future disasters.”

Wolf’s consolidation of power has led to several problems for the state throughout the COVID-19 pandemic, the sponsors stated, including flawed guidance that negatively impacted long-term care settings, delayed Unemployment Compensation payments to displaced workers, individual businesses and entire industries that have been shuttered longer than necessary.

Limiting the length of an emergency declaration would ensure greater cooperation and transparency between all branches of government during an emergency, the statement said.

“I have personally talked to hundreds of constituents and received thousands of emails from those harmed by the governor’s orders,” DiSanto said. “With extraordinary powers comes extraordinary responsibility, and regrettably this administration has demonstrated an utter lack of transparency and accountability.”