On Tuesday, May 18, 2021, the people of Pennsylvania will vote on the Pennsylvania Emergency Declarations Act, which would amend the state’s* constitution to constrain the governor’s ability to declare a state of emergency and effectively handle it in the timely manner necessary in emergencies, if we allow it to pass.
Under the proposed amendment, the Pennsylvanian constitution would be amended so that only the General Assembly can determine the ways in which agencies can provide assistance and funding to people and local communities during and immediately following an emergency through existing law, after the governor issues a state of emergency.
Additionally, the Emergency Declarations Act would set a 21-day deadline on a governor’s state of emergency declaration and require the General Assembly to pass a ‘concurrent resolution’ every 21 days to keep a state of emergency in effect.
If the concurrent resolution – which constitutionally requires two-thirds of the Pennsylvania House and Senate to pass – fails or the General Assembly cannot convene for any reason, including the very matter causing the declaration, the state of emergency ends and can’t be reissued by the governor, if it is the same or “substantially similar” until a current resolution can pass. Pennsylvania law and this amendment don’t define ‘substantially similar.’
“[The constitutional amendment] would hinder our ability to respond quickly, comprehensively and effectively to a disaster emergency by requiring any declaration to be affirmed by concurrent resolution of the legislature every three weeks. This would force partisan politics into the commonwealth’s disaster response efforts and could slow down or halt emergency response when aid is most needed. A disaster response could be hamstrung by lack of action by the legislature (or by the disaster itself, if it were severe enough to stop the legislature from meeting) and the executive branch would have no certainty that disaster response measures put in place would remain past this short, arbitrary deadline.”
– Governor Wolf
Title 35 gives them the power to declare states of emergency. The governor has had this power in Pennsylvania since at least 1978. I would guess that this power goes further back than this, however.
“An executive order or proclamation of a state of disaster emergency shall activate the disaster response and recovery aspects of the Commonwealth and local disaster emergency plans applicable to the political subdivision or area in question and shall be authority for the deployment and use of any forces to which the plan or plans apply and for use or distribution of any supplies, equipment and materials and facilities assembled, stockpiled or arranged to be made available pursuant to this part or any other provision of law relating to disaster emergencies.” – 35 Pa. C.S. § 7301 (Emphasis mine).
Additionally, Title 35 gives the governor the authority to authorize the National Guard, a power the General Assembly doesn’t have and cannot give themselves under federal law, among other resources.
One of the main reasons why the governor is given the authority to issue states of emergency with a wide range of tools, is because no emergency is the same. There are infinite possible emergency situations which demand infinite possible responses and a central point to efficiently manage them.
The Emergency Declarations Act will change that, decentralize an emergency response, create confusion among agencies, and limit how Pennsylvania and the agencies can act in your time of need.
An emergency cannot be legislated and shouldn’t be.
The General Assembly can’t pass laws to proactively respond to all emergency situations. They can pass laws reactively, but that would cause delays to you, your community, and others who face real emergencies, in real time.
The passage of this amendment would tie not only the governor’s hands in dealing with emergencies, it would also tie the hands of the General Assembly, the agencies needed in the emergencies, and the federal government. It’d place a heavy burden on the Pennsylvania House and Senate, particularly since there are few current laws governing emergency responses, and the General Assembly hasn’t been working on passing any.
It’s difficult for the General Assembly to pass any concurrent resolution, regardless of its purpose, because politics will always enter their minds.
The Emergency Declarations Act also seeks to give the General Assembly the power to end a governor’s state of emergency after a minimum of 21 days, however, they already have the power to end a governor’s state of emergency at any time:
“The General Assembly by concurrent resolution may terminate a state of disaster emergency at any time,” (Chapter 73, Subchapter A(c), emphasis mine).
The difference between today and what this amendment seeks to do is that this amendment requires the General Assembly to reauthorize a governor’s state of emergency every 21 days (or end it), otherwise it ends, no matter what, where the current law keeps a governor’s state of emergency in effect for 90 days, unless the governor ends it early, or the General Assembly ends it at any time by concurrent resolution.
What if only 60% of the General Assembly agrees that there’s a need for the state of emergency? What if the House and Senate leadership don’t introduce the concurrent resolution or convene the houses to vote?
Most importantly, what happens to you on Day 22 of an emergency?
The governor relies on their cabinet for specialized knowledge of the types of emergencies we face, a resource and knowledge, the General Assembly doesn’t have to determine the true depth of an emergency and how to respond to it.
“It is not feasible to manage a crisis by 253 members of the General Assembly, most, if not all, of whom are not trained in managing emergencies. The premature termination of a disaster emergency will have wide-ranging negative consequences for the Commonwealth.”
– State Senator Carolyn Comitta.
While I was recently reading the comments section of a newspaper in Pennsylvania, I read this purportedly from someone with 12 years of disaster relief experience:
The Pennsylvania Emergency Declarations Amendment wouldn’t just hinder the state and local communities’ abilities to respond to crises, but would seriously impact aid we receive from the federal government.
Federal law requires the governor to declare an active state of emergency, according to the federal Stafford Act.
Additionally, federal law requires that the governor detail their emergency plan, including what funding and resources are needed, and what the state has already done to respond to the emergency.
If there’s no active state of emergency, or the state’s response is lackluster, what the federal government can do for the people of Pennsylvania is in jeopardy and could be denied.
This amendment gives the General Assembly the ability, at least passively, and (hopefully) unintentionally, to refuse to allow us those federal resources that our tax dollars pay for.
There is nothing they can do to get around the federal and state mandates that require active state of emergency declarations, even with the approval of the Emergency Declarations Act.
Voting NO doesn’t mean that we shouldn’t look at our laws and see if things should be changed in state of emergency declarations through the legislative process and public discourse. It doesn’t mean we shouldn’t see how Pennsylvania can respond more efficiently to states of emergencies and protect us from overzealous governors, but the Emergency Declarations Act isn’t the answer.
It won’t solve any challenges that Pennsylvanians face now or in the future. Reality is this amendment will harm us, create another, unnecessary bureaucratic layer, create confusion for everyone involved, while potentially denying us the resources we need in our time of need, and have far-reaching consequences for all of us.
We can’t afford to find out how terrible this amendment is in an emergency and after it’s already passed. Repealing it would be impossible.
Politics have no place in emergencies. The General Assembly currently has the tools they need. They cannot effectively or efficiently manage emergencies either proactively or reactively.
The only way to protect ourselves is to vote NO on the Pennsylvania Emergency Declarations Act on May 18, 2021.
Make sure you’re registered to vote in the May 18th election! More information can be found by clicking here.
If you’re not registered to vote, the deadline to register to vote in the election is May 3rd. You can click here to register.
If you want to vote-by-mail or absentee (legally recognized excuse required), the last day to request a mail-in or absentee ballot is May 11th. You can click here to request either type of ballot or for more information.
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*Pennsylvania is officially a commonwealth. Any usage of “state” should be taken as also meaning commonwealth in this blog post.