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House of Representatives
Session of 2021 - 2022 Regular Session

MEMORANDUM

Posted:	October 29, 2021 02:51 PM
From:	Representative Joe Kerwin
To:	All House members
Subject:	Authorizing members of the PA National Guard to drive Commonwealth vehicles

In the very near future, I will be introducing legislation to provide for the authority of our PA National Guard to operate Commonwealth-owned or leased vehicles.   Quite simply, PA National Guard members are not considered Commonwealth employees and current law only allows Commonwealth employees to operate state vehicles on our public roadways and highways. A common misperception is that PA Guard members are employees of the state, when in reality, when on duty for training or missions, they are actually acting in a federal duty status utilizing federal government owned equipment.    There are times when our PA Guard members are activated by the Governor for state active duty, such as flooding events or snow emergencies, but even under these conditions they are utilizing federal government assets, which are predominantly military vehicles and equipment.    Case-in-point, when COVID-19 hit in early 2020 hundreds of members of the PA Guard assisted by supporting residents previously quarantined at Dobbins Air Reserve Base in Georgia and those  departing from the Grand Princess cruise ship in California.  In performing this mission, the PA Guard members had to utilize Commonwealth vehicles to transport these residents on an individual basis so as not to expose others to the virus.   Therefore, in order to be proactive for any future mission or emergency that may arise and to effectively make permanent the waiver that is currently in place as an extension of the original emergency declaration for COVID-19, I am proposing this legislation to achieve these ends.   Please join us in sponsoring this very important legislation to help the members of the PA Guard perform their mission, whatever that may be.

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