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House of Representatives
Session of 2019 - 2020 Regular Session


Posted: August 11, 2020 02:16 PM
From: Representative Cris Dush
To: All House members
Subject: Emergency Constitutional Amendment Requiring Legislative Approval of Emergency Disaster Proclamations Beyond 30 Days
We passed SB1166 in both chambers with a bi-partisan majority.  It originally came to the House with a 44-6 majority and was amended to include some items which eroded its support when we sent it back to the Senate.

I am introducing a modified version of this bill as it came over to the House with language to make this an Emergency Amendment to the Pennsylvania Constitution.

The necessity of this action is plainly obvious in the actions of the Governor since the passage of SB1166.

Emboldened by the Supreme Court’s refusal to find the whole of 35 Pa.C.S. § 7301 unconstitutional the Governor has usurped the role of the Court in finding Lebanon County guilty of violating his edict and has imposed sentence; roles strictly reserved to the Courts.  He has done the same by imposing further arbitrary and capricious sanctions on restaurants and taverns, finding them all guilty and imposing sentence on all for the actions of a few.  He also has made additional arbitrary and capricious edicts regarding how schools and school athletics would be opened or not (while his administration admits he had no data to back the measures).

We have heard from our constituents.  They want the rule of law returned.  If the Governor ignores it and Courts won’t enforce it we have come to the point where an Emergency Amendment is a must.  The only course we are left with is to give it to The People to reestablish the rule of law.  Let’s get it before The People to decide.

It’s Time to Let The People have a voice.  Please join me in co-sponsoring this important piece of legislation.