Planning Ahead
dealt with to the extent that emergency conditions no longer exist and terminates the state of disaster emergency by executive order or proclamation, but no state of disaster emergency may continue for longer than 90 days unless renewed by the Governor. The General Assembly by concurrent resolution may terminate a state of disaster emergency… at any time. Thereupon, the Governor shall issue an executive order or proclamation ending the state of disaster emergency.” It does not state that it cannot be renewed.
The first ballot question states: “Shall the Pennsylvania Constitution be amended to change existing law and increase the power of the General Assembly to unilaterally terminate or extend a disaster emergency declaration — and the powers of Commonwealth agencies to address the disaster regardless of its severity pursuant to that declaration — through passing a concurrent resolution by simple majority, thereby removing the existing check and balance of presenting a resolution to the Governor for approval or disapproval?”
Note that this is not limited to COVID restrictions and would relate to such natural disasters as floods, fires, hurricanes, evacuation orders and others that would then be under the control of the state legislature.
The second ballot question states: “Shall the Pennsylvania Constitution be amended to change existing law so that: a disaster emergency declaration will expire automatically after 21 days, regardless of the severity of the emergency, unless the General Assembly takes action to extend the disaster emergency; the Governor may not declare a new disaster emergency to respond to the dangers facing the Commonwealth unless the General Assembly passes a concurrent resolution; the General Assembly enacts new laws for disaster management.”
This could be described as the “all disasters must end in 21 days” resolution. Notably the provision does not take into account that the legislature might not be in session when the disaster occurs, which is very possible, or that members of the legislature themselves might be caught in the disaster area. The 253 members of the general assembly (50 in senate and 203 in the house) would have to act to confirm a disaster although the governor would still be responsible.
No word yet how this limitation on the governor — whoever that might be — would affect declaration of disaster area for emergency federal government assistance, grants and loans.
Janet Colliton, Esq. is a Certified Elder Law Attorney and limits her practice to elder law, retirement, life care, special needs, and estate planning and administration with offices at 790 East Market St., Ste. 250, West Chester, PA 19382, 610-436-6674, colliton@collitonlaw. com. She is a member of the National Academy of Elder Law Attorneys and, with Jeffrey Jones, CSA, co-founder of Life Transition Services, LLC, a service for families with long term care needs. Tune in to Radio Station WCHE 1520 “A Plan Ahead” on Wednesdays at 4 p.m. with Ron Ehman, Real Estate Ron, Broker, Next Home Signature Real Estate.