Pennsylvania Ping!
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Posted on 05/19/2021 10:08:30 AM PDT by lightman
The people of Pennsylvania have spoken and GOP lawmakers say it proves a majority of them thought the governor’s powers needed to be clipped when it comes to emergency disaster declarations.
With 73% of precincts reporting and more than 2 million ballots cast, the two constitutional amendments won voter ratification, collecting almost 54% of the vote.
One amendment ends a governor’s emergency disaster declaration after 21 days – from the current 90 days which can be renewed indefinitely. And it would be up to the General Assembly to decide whether to extend it.
A second gives lawmakers the sole authority to extend a disaster declaration or end it at any time with a simple majority vote, eliminating the need for a governor to sign off on it as is currently the case.
House Speaker Bryan Cutler, R-Lancaster County, and House Majority Leader Kerry Benninghoff, R-Centre County, said the vote to shift the balance of power in the General Assembly’s favor in emergencies sends a message about the public’s thoughts on Gov. Tom Wolf’s handling of the COVID-19 pandemic.
“The people of Pennsylvania have exercised their vote and resoundingly reaffirmed their desire for a government with strong checks and balances that works in their interests and not for its own power,” the House GOP leaders said in a statement. ”In doing so, they have rejected the mutation of emergency authority into unilateral, one-person control that seeks expediency over the rule of law.”
Sen. Scott Martin, R-Lancaster County, said, “Residents of this commonwealth knew that a yes vote meant a return of communication, collaboration and transparency in handling of future emergencies. We now will begin the steps to adopt a better way to handle emergencies that involves accountability and working together across all branches and levels of government.”
Pennsylvania voters became the first state in the nation to impose restrictions on a governor’s authority under an emergency disaster declaration. GOP lawmakers across the country have pushed to roll back the powers held by their own governors, including Republicans and Democratic governors.
Republican lawmakers, in their advocacy for voters to approve these constitutional changes, said it doesn’t mean they will automatically end a governor’s emergency declaration but rather it would give them a seat at the table to offer input as to whether it should be extended.
However, the head of the Pennsylvania Republican Party offered his own thoughts about that on Wednesday.
”Last night, Pennsylvanians voted to end the lockdown, restart our economy, reopen our schools, and put a stop to Governor Tom Wolf’s dictatorship,” said PA GOP Chairman Lawrence Tabas. “I strongly urge the Pennsylvania Legislature to take swift and decisive action to reopen our state, allow Pennsylvanians to get back to work, and get our kids back in the classroom.”
Senate Democratic Leader Jay Costa of Allegheny County said the election results tell him that voters “want the Legislature to be involved in this process. It will remain our priority to do what we can in state government and the legislature to keep people safe.”
The current COVID-19 emergency disaster expires at midnight Thursday, May 20.
Wolf spokeswoman Lyndsay Kensinger said the administration will soon connect with the General Assembly regarding an extension of that disaster declaration.
“The disaster declaration allows for the suspension of regulations for medical professionals, gives the commonwealth the ability to access federal funding, and assists with the activation and payment of the National Guard, among other important operations,” she said.
“The vote on the disaster declaration constitutional amendments does not impact the past or current mitigation orders. We hope that the General Assembly will recognize the importance of the disaster declaration for first responders and Pennsylvanians who rely on federal funding during times of emergency,” Kensinger said.
Wolf and his administration have used their bully pulpit in recent weeks to hammer home a message about the harm that would occur if the COVID-19 disaster declaration ends too soon.
On May 7, the governor signed the 14th 90-day renewal of opioid disaster declaration to help the state fight the opioid and heroin epidemic.
The soonest the Legislature could begin the process of ending either disaster declaration is after Tuesday’s primary election results are certified, which Acting Secretary of the Commonwealth Veronica Degraffenreid said is not expected until June 7.
“We stand ready to reasonably and responsibly manage Pennsylvania through this ongoing global pandemic, the scourge of opioid addiction, and other long-term challenges that may come to face this commonwealth,” the House GOP leaders’ statement says.
It goes on to issue a warning about groups thinking about filing a court challenge to the amendment ratification results.
“To those contemplating litigation to stop the enforcement of the emergency disaster-related amendments: Think twice before again ignoring the voice of the people,” the House GOP leaders said. “To use the courts to continue to grasp on to power is to ignore a fresh mandate from those you represent and will confirm the worst fears of a public that wants to change course in the management of emergency periods.”
Wolf earlier this month announced he is lifting all COVID-19 restrictions on Memorial Day with the exception of the mask order. That one, he said, would remain in effect until 70% of Pennsylvania adults are fully vaccinated.
If the COVID-19 emergency declaration would be ended, GOP officials say the governor would not have the power to enforce that mask order on restaurants and business establishments and the regulations waived under Wolf’s direction would no longer be suspended.
“An emergency declaration is meant to give the executive branch the power to triage a crisis, not a vehicle for the governor to enact, amend and suspend laws and regulations for an excessive period of time,” said Senate GOP caucus spokesperson Erica Clayton Wright.
A House Democratic spokesman declined comment for this story. Lt. Gov. John Fetterman deferred to the governor.
Wolf stopped in Wilkes-Barre on Wednesday morning and planned to stop in Pottstown in the afternoon to talk about his plan for controlling cyber charter school costs to school districts. He also is expected to discuss his plans to invest more money in schools to address funding inequities in the state’s education funding formula.
Pennsylvania Ping!
Please ping me with articles of interest.
FReepmail me to be added to the list.
My grandaughter is still in school only 2 days a week. (Middle School in Bethlehem School District). Wondering if she can go back to school now.
Wolf has not commented as they are still counting mail-in ballots in places like Philadelphia.
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