Senate Approves Proposed Constitutional Amendment to Strengthen Emergency Response

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HARRISBURG –The Senate approved a proposed amendment to the Pennsylvania Constitution today that could improve the way that state government responds to emergencies by limiting the length of future disaster declarations, according to Senator Scott Martin (R-13), who sponsored the bill.

The measure is also sponsored by Senate Majority Leader Kim Ward (R-39) and Senator John DiSanto (R-15).

Under current law, a governor’s emergency declaration can last up to 90 days and be renewed by the governor indefinitely. Governor Wolf has used the disaster declaration for nearly a year to suspend state statutes, spend taxpayer dollars without legislative approval, and keep millions of Pennsylvanians from earning a living through his business shutdown orders.

This consolidation of power has led to numerous problems throughout the COVID-19 pandemic, including flawed guidance that negatively impacted long-term care settings, delayed Unemployment Compensation payments to displaced workers, and individual businesses and entire industries being shuttered longer than necessary.

Senate Bill 2 would limit emergency declarations to 21 days unless the General Assembly approves a longer duration. Limiting the length of an emergency declaration would ensure greater cooperation between all branches of government during an emergency and restore the system of checks and balances that Pennsylvania’s government was founded upon.

“We have seen the consequences of one person or one branch of government wielding too much authority for an indefinite period of time, and the results are not good,” Senator Martin said. “This amendment will allow the people of Pennsylvania decide whether we should take a more cooperative approach to responding to future emergencies.”

The bill also would amend the Pennsylvania Constitution to prohibit the denial of equal rights based on race or ethnicity. The change would bring the state Constitution into line with the equal protections afforded by the U.S. Constitution.

Because Senate Bill 2 would require an amendment to the Pennsylvania Constitution, the bill must be passed by the Senate and House of Representatives in two consecutive legislative sessions and be approved by voters via referendum. The bill was approved by the General Assembly during the last legislative session.

CONTACT: Terry Trego ttrego@pasen.gov

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