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GOP mounts effort to curb Wolf

Lawmakers push for amendment to limit governor

The Republican-led chambers of the General Assembly this week passed a bill calling for a Constitutional amendment to limit the emergency declaration powers of Pennsylvania governors — a change that would take effect only if the same bill passes in the next session of the assembly, then voters approve the measure by referendum.

The attempt to amend the Constitution follows the state Supreme Court’s rejection a few weeks ago of the assembly’s effort to end Gov. Tom Wolf’s four-month-old COVID-19 emergency declaration by concurrent resolution, based on the wording of the state’s emergency-declaration law.

“The governor has continued to ignore the wishes of the legislature to be part of the process,” said state Rep. Jim Gregory, R-Hollidaysburg.

The current effort is intended “to put it in the hands of the people,” he said.

“The way the Constitution is written allows for some flexibility for the governor” in emergencies, said state Sen. Judy Ward, R-Blair. “But (a declaration) was never meant to go on this long.”

For months, Republicans have objected to the coronavirus restrictions imposed by the administration, saying they’ve been unnecessarily strict and too damaging to businesses.

The governor is not part of the Constitutional amendment process: he does not sign — or refuse to sign — the amendment bill.

That is by design. The process is intended to bypass the governor, as “part of the checks and balances in a republican form of government,” said state Rep. Lou Schmitt, R-Altoona.

The proposed amendment would require the governor to seek legislative approval to continue an emergency declaration past 21 days and would end a declaration if the assembly passes a concurrent resolution — making moot the recent court ruling that the governor can reject that kind of resolution, according to a news release from House Majority Leader Kerry Benninghoff, R-Centre County.

There was bipartisan support for the bill, according to Benninghoff.

The House voted 115-86, the winner’s count exceeding the number of Republicans there by 6. There are 93 Democrats, along with 1 vacant seat, according to ballotpedia.

The Senate voted 33-17, the winner’s count exceeding the number of Republicans by 5. There are 21 Democrats and one Independent.

“The voice of the people should be heard through their duly elected representatives,” Schmitt said. “Any time the voice of the people can be amplified in government, it’s a good thing.”

Gregory and Ward professed confidence that the Republicans will still control the Assembly following the general election, after which the new session begins.

They also professed confidence in referendum success.

“No doubt voters will pass this after what they’ve been through,” Gregory said.

“Every day I get calls to my office with people so frustrated by the governor’s actions,” Ward said.

Schmitt was less definitive.

“I don’t know how things will pan out after the election,” he said. If there’s a referendum, the result could depend on the mood of the nation, who will be president and the lobbying efforts of Wolf, he said.

“He’s popular, especially in certain areas,” Schmitt said of the governor.

Mirror Staff Writer William Kibler is at 949-7038.

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