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Four ballot questions

All Pennsylvania voters — including Independents and minor-party members — will be asked to consider four ballot questions in the Pennsylvania Primary Election this coming Tuesday, May 18.

Two of them are considered non-controversial.

The other two? A different story.

Below is a breakdown the basics of what they would do, who is in favor, and who is opposed, as compiled by Spotlight PA and from the Pennsylvania Department of State:

Question 1: Shall the Pennsylvania Constitution be amended to change existing law and increase the power of the General Assembly to unilaterally terminate or extend a disaster emergency declaration–and the powers of Commonwealth agencies to address the disaster regardless of its severity pursuant to that declaration–through passing a concurrent resolution by simple majority, thereby removing the existing check and balance of presenting a resolution to the Governor for approval or disapproval?

What would it do?

Currently, only Pennsylvania’s governor can end a disaster declaration, like the one the state is currently under to deal with the coronavirus pandemic. State law gives the General Assembly the option to pass a resolution to terminate the declaration, though the state Supreme Court ruled last year the governor still gets the final say. The Legislature can overturn a governor’s veto with support from two-thirds of members.

This proposed constitutional amendment would allow a majority of lawmakers to terminate the declaration at any time, without the governor’s consent. What happens after that is the matter of some debate.

Who is in favor?

This proposal, borne out of a contentious response to the Wolf administration’s approach to the pandemic, has been championed by the House and Senate Republican caucuses, with support from a few Democrats.

The Pennsylvania chapter of the conservative political group Americans for Prosperity has also launched a campaign to urge a “yes” vote on the question.

Who is opposed?

Most Democrats including Gov. Tom Wolf are urging Pennsylvanians to vote “no,” as is the grassroots Democratic group Turn PA Blue.

Question 2: Shall the Pennsylvania Constitution be amended to change existing law so that: a disaster emergency declaration will expire automatically after 21 days, regardless of the severity of the emergency, unless the General Assembly takes action to extend the disaster emergency; the Governor may not declare a new disaster emergency to respond to the dangers facing the Commonwealth unless the General Assembly passes a concurrent resolution; the General Assembly enacts new laws for disaster management?

What would it do?

— Granting the Governor authority to declare a disaster emergency declaration by proclamation or executive order;

— Requiring each declaration to indicate the nature, location and type of disaster;

— Granting the General Assembly authority to pass laws providing for the manner in which each disaster shall be managed;

— Limiting the duration of a Governor’s declaration to 21 days, unless otherwise extended, in whole or in part, by a concurrent resolution of the General Assembly;

— Preventing the Governor, upon the expiration of a declaration, from issuing a new declaration based upon the same or substantially similar facts, unless the General Assembly passes a concurrent resolution expressly approving a new declaration.

Currently, disaster emergency declaration and management powers are delegated by statute to the governor. The Governor has the sole authority to issue and manage all disaster emergency declarations, which cannot extend beyond 90 days unless renewed by the Governor. The General Assembly may override a Governor’s disaster emergency declaration by concurrent resolution that must be presented to the Governor for his approval or veto.

If approved, the amendment would transfer certain of the Governor’s existing authority to respond to and manage disaster emergencies to the General Assembly. The Governor would retain the authority to issue an initial disaster emergency declaration but the declaration’s permissible length would be reduced from 90 to 21 days. The sole authority to extend a declaration would lie with the General Assembly; presently, this power rests with the Governor.

Upon expiration of the initial declaration, the amendment prohibits the Governor from issuing a new declaration based upon the same or substantially similar facts without the approval of the General Assembly. The Governor would no longer have unilateral authority to manage disasters, but would have to do so consistent with the laws passed by the General Assembly.

If approved, the General Assembly would be required to pass new laws establishing the manner in which each type of disaster shall be managed. If added to the Pennsylvania Constitution, the proposed amendment cannot be modified or repealed except by a judicial decision finding all or part of the proposed amendment unconstitutional or by the approval of a subsequent constitutional amendment.

Who is in favor and who is opposed?

The same parties as question 2.

Question 3: Shall the Pennsylvania Constitution be amended by adding a new section providing that equality of rights under the law shall not be denied or abridged because of an individual’s race or ethnicity?

What would it do?

This proposal amends the Pennsylvania Constitution to enshrine discrimination protections to Pennsylvanians based on race and ethnicity. Generally, inclusion of this amendment within the Pennsylvania Constitution signifies that freedom from discrimination based on race or ethnicity is an essential principle of liberty and free government. This amendment applies to all Pennsylvania state, county and local governmental entities, and guarantees equality of rights under the law. The amendment, if enacted, will become a part of the Pennsylvania Constitution. As such, its provisions must be applied consistent with the other provisions of the Constitution.

This equal right to be free from racial or ethnic discrimination will exist independent from any such rights under the United States Constitution or corresponding federal law. If the current federal protections proscribing racial or ethnic discrimination are abolished, the prohibition against such discrimination will remain in the Pennsylvania Constitution. The amendment is limited in that it creates a right only under Pennsylvania law.

Once added to the Pennsylvania Constitution, the right to be free from racial or ethnic discrimination under the law cannot be eliminated except by a judicial decision finding the amendment unconstitutional or the approval of a subsequent constitutional amendment. If approved, the General Assembly may pass new laws to implement the amendment, but it may not pass a law inconsistent with it.

Who is in favor?

This amendment is supported by Democratic and Republican lawmakers. “Discrimination based on race is cooked into the DNA of this nation and we must take action to explicitly prohibit racial and ethnic discrimination in Pennsylvania’s Constitution,” said Sen. Vincent Hughes (D., Philadelphia), the amendment’s sponsor.

Who is opposed?

Spotlight PA could not identify any opponents.

Question 4: Do you favor expanding the use of the indebtedness authorized under the referendum for loans to volunteer fire companies, volunteer ambulance services and volunteer rescue squads under 35 PA.C.S. 7378.1 (related to referendum for additional indebtedness) to include loans to municipal fire departments or companies that provide services through paid personnel and emergency medical services companies for the purpose of establishing and modernizing facilities to house apparatus equipment, ambulances and rescue vehicles, and for purchasing apparatus equipment, ambulances and rescue vehicles, protective and communications equipment and any other accessory equipment necessary for the proper performance of the duties of the fire companies and emergency medical services companies?

What would it do? This is a statewide referendum (as opposed to a constitutional amendment) that would allow municipal fire departments or companies with paid personnel, as well as EMS companies, to apply for a loan through an existing state-run program for volunteer companies. The money can be used to modernize or purchase equipment. Pennsylvania voters approved the incurring of indebtedness of up to $100,000,000 in four previous statewide referenda: $10,000,000 on November 4, 1975; $15,000,000 on November 3, 1981; $25,000,000 on November 6, 1990; and $50,000,000 on November 5, 2002. Originally, this indebtedness funded a loan program for volunteer fire companies, volunteer ambulance services and volunteer rescue squads.

Currently, municipal fire departments or companies with paid personnel and emergency medical services companies are not authorized to apply for loans from this program. The Pennsylvania General Assembly has determined that municipal fire departments or companies with paid personnel and emergency medical services companies are most in need of loans to replace outmoded or unsafe equipment and buildings to meet the increased demands for a higher level of service in the communities they serve. If approved, the referendum will allow municipal fire departments or companies with paid personnel and emergency medical services companies to apply for loans from the program, consistent with the existing law and regulations.

The Office of the State Fire Commissioner administers the loan program, and has promulgated regulations to govern the loan application process. Upon successful application, the Office authorizes loans for the purposes and in amounts specified by the Emergency Management Service Code and the Office’s regulations. These loans may be used for establishing or modernizing facilities to house firefighting apparatus equipment, ambulances and rescue vehicles. They may also be used for the purchase of new firefighting apparatus equipment, ambulances and rescue vehicles, protective and communications equipment and any other accessory equipment necessary for the proper performance of these organizations’ duties. This referendum does not authorize incurring any additional debt to fund the loan program; it only expands the class of eligible loan applicants. It also does not expand the purposes for which loans may be made; municipal fire departments or companies with paid personnel and emergency medical services companies may only apply for the type of loans already provided for by law and regulation.

Who is in favor? The measure passed the General Assembly (House & Senate) with unanimous support from Democrats and Republicans. The Pennsylvania Fire Emergency Services Institute is urging a “yes” vote, as is the Pennsylvania Career Fire Chiefs Association.

Who is opposed?

Spotlight PA could not identify any opponents.

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