Amendment to limit governor's disaster powers passes Pa. Senate a 2nd time

A constitutional amendment designed to limit the governor’s powers to extend emergency disaster declarations could make its way to a voter referendum as early as this spring.

State Senate Majority Leader Kim Ward, a Hempfield Republican and one of Gov. Tom Wolf’s harshest critics, sponsored the proposed amendment that would limit the disaster declarations, currently capped at 90 days with provisions for indefinite extensions, to 21 days. It also would force the governor to seek legislative approval for any extensions.

Ward said she introduced the proposed amendment last year in response to constituent complaints that Wolf had abused his powers during his pandemic disaster declaration.

“Under Gov. Wolf’s current declaration of emergency for covid-19, we are witnessing what consolidated power looks like: inconsistent vaccine roll outs, businesses that have been shuttered, nursing home residents who have suffered under the Department of Health, and hundreds of thousands of unemployed workers who continue to struggle to obtain unemployment benefits,” Ward said.

She said lawmakers looked to the amendment process only after Wolf vetoed measures designed to address those complaints.

The proposed amendment, Senate Bill 2, passed both chambers of the Legislature last year and moved to the House for action this week, following a yes vote from the Senate.

Proposed constitutional amendments must pass in two consecutive legislative sessions and then be approved by Pennsylvania voters in a referendum to become law.

Ward’s bill passed the Senate for a second time Tuesday, with a 28-20 vote, and headed for the Republican-controlled House, where it is expected to easily be approved a second time.

The recent Senate vote marked the latest chapter in the on-again, off-again battle between Pennsylvania’s Democratic governor and lawmakers who have repeatedly challenged his orders limiting activities and closing businesses during the corona virus pandemic.

Throughout the wrangling, which has included several court challenges as well as legislative bills he has vetoed, Wolf has defended his actions, saying they were necessary to save lives.

Ward is predicting voters will call Wolf’s “bluff” and pass her amendment should it appear on a referendum.

“I think people are ready for the opportunity to have greater input into how their government functions during an extended state of emergency,” she said.