Pennsylvania voters will soon consider a proposed constitutional amendment that, if passed, could drastically change how the Pennsylvania state government is equipped to respond to the COVID-19 pandemic. The proposed amendment would add new sections to the constitution of the commonwealth of Pennsylvania regulating the governor’s emergency powers under emergency declarations.

Under existing public health and emergency laws, the governor of Pennsylvania has the authority to declare disaster emergencies when responding to certain dangers posed to the people of Pennsylvania. These declarations, sometimes referred to as proclamations, open up certain emergency funds for disaster relief and provide Pennsylvania governors certain emergency powers to address those emergencies. Declarations can be issued due to many situations, most often natural disasters such as storms and floods, but are also used to respond to civil unrest and disturbances. Emergency powers are normally tailored to the disaster as in declaring high speed reductions during a snowstorm or prohibiting access to a flood zone after a flood, and these event-specific declarations are normally limited to just a few days or weeks to address the event and its aftermath. Importantly, declaring disaster emergencies authorizes the governor to issue executive orders which can suspend any number of statutes, rules or regulations if those laws “would in any way prevent, hinder or delay necessary action in coping with the emergency.” See, 35 Pa. C.S. Section 7301(f)(1). Since the initial outbreaks of COVID-19 in Pennsylvania, Gov. Tom Wolf has relied on his emergency powers under the commonwealth’s emergency management code.