EMERGENCY POWERS

REINING IN Emergency

POW ER

PENNSYLVANIA became the first state in the nation to constitution‑ ally cut back on its governor’s emergency powers after voters approved two constitutional amendments in May that limit the breadth of a governor’s ability to unilaterally respond to various emergencies. The constitutional amendments, which were approved by voters during the mu‑ nicipal primary, limit the length of a gu‑ bernatorial emergency declaration. These emergency declarations give governors broad authority to issue executive orders with the force of law. Under the changes, such declarations are now limited to 21 days, unless extended by state lawmak‑ ers. Another change approved by voters gives the General Assembly the power to terminate an emergency declaration with‑ out needing the governor’s signature.

The ballot questions were largely framed as a referendum on Gov. Tom Wolf’s COVID‑19 response, which relied heavily on executive orders, particularly in the early months of the pandemic when the Demo‑ cratic governor issued sweeping executive orders to close businesses, restrict in‑per‑ son instruction at schools and require resi‑ dents to remain at home as part of an effort to limit the spread of the coronavirus. Now, Wolf will be forced to collaborate with law‑ makers on the state’s response to emer‑ gencies or risk the termination of various emergency declarations. In addition to the COVID‑19 declaration, Wolf has used them for other situations, including his response to the opioid epidemic and to civil unrest following the death of George Floyd.

TOM WOLF’S COVID-19 TIMELINE

2020

MARCH 6 Gov. Tom Wolf signs an emergency declaration regarding the COVID-19 pandemic, giving him broad authority to issue executive orders with the force of law.

MARCH 19 Wolf orders all non-life-sustaining businesses to close.

APRIL 1 Wolf announces statewide stay-at-home order. Pennsylvanians wear a mask anytime they leave their homes.

MAY 4 Wolf announces phased reopening and provides guidance to counties moving to “yellow phase” starting May 8. MAY 19 Wolf vetoes three bills attempting to give counties and businesses the ability to develop their own mitigation and reopening plans.

JUNE 3 Wolf renews the 90-day disaster declaration signed on March 6.

JUNE 9 HR 836 is passed through the Senate and concurred by the House.

JUNE 26 Wolf announces that the last Pennsylvania county will move into the green phase on July 3.

APRIL 3 House Resolution 836, introduced by state Rep. Russ Diamond, is referred to the Veterans Affairs and Emergency Preparedness Committee. The concurrent resolution is Republicans’ first attempt to terminate the March 6, 2020 emergency declaration. Gov. Wolf recommends all

Voters curtailed the governor’s emergency authority, leaving the state’s COVID-19 response to lawmakers.

By Justin Sweitzer & Harrison Cann

Gov. Tom Wolf and then-Secretary of Health Dr. Rachel Levine issued emergency orders during the pandemic.

JULY 1 Secretary of Health Dr. Rachel Levine signs an order requiring masks to be worn outside the house. The Supreme Court of Pennsylvania rules that the legislature cannot force Wolf to end his disaster declaration.

JULY 8 HR 836 is presented to Wolf’s desk.

JULY 14 HR 836 is vetoed by Wolf.

SEPT. 1 Wolf signs second renewal of COVID-19 disaster declaration. SEPT. 2 Motion to override Wolf’s veto fails in the House.

SEPT. 21 U.S. District Judge William Stickman IV rules that key components of Wolf’s mitigation strategies are unconstitutional, including the decision to shut down businesses and limit gatherings.

OCT. 16 Wolf vetoes HB 2513, a bill that would allow restaurants to open up to full capacity regardless of state and federal mitigation guidelines. NOV. 25 Wolf signs third renewal of COVID-19 disaster declaration as the state surpasses 10,000 COVID-19 related deaths. He also vetoes two bills related to firearms regulations during a disaster declaration. 2021

FEB. 19 Wolf signs fourth renewal of COVID-19 disaster declaration.

MAY 11 Wolf increases capacity limits to 50% effective May 17.

MAY 18 Voters approve two constitutional amendments to limit the length of a gubernatorial emergency declaration and to give the General Assembly the power to terminate an emergency declaration.

MAY 20 Wolf signs fifth renewal of COVID-19 disaster declaration.

MAY 31 Wolf allows all businesses and venues to return to 100% capacity.