Details for MANSI MEDIA - Ad from 2021-04-12

• PUBLIC NOTICE •

his approval or veto. Resolutions for the adjournment of the General
Assembly are exempted from this process. If the order, resolution or
vote is approved by the Governor, it becomes law. If the Governor
vetoes the resolution, it does not become law unless two-thirds
of the House and Senate vote to override the veto. The proposed
amendment would create an additional exception to this customary
legislative procedure for concurrent resolutions to terminate or
extend, in whole or in part, a disaster emergency declaration issued
by the Governor.
The proposed amendment will also have the effect of reversing a
recent ruling of the Pennsylvania Supreme Court which held the
Pennsylvania Constitution prohibited the General Assembly from
passing a concurrent resolution to terminate the Governor’s Covid-19
disaster emergency declaration without presenting it to the Governor
for his approval. It will change the law to allow the General
Assembly to terminate or extend a disaster emergency declaration
through a concurrent resolution approved by only a majority of the
members of the House and Senate, without having to present the
resolution to the Governor for his approval or veto.
The proposed amendment is limited in that it only changes the
traditional legislative process for terminating or extending disaster
emergency declarations issued by the Governor. The amendment
will not alter the current legislative procedure with respect to
which orders, resolutions or votes of the General Assembly must
be presented to the Governor for his approval on any other subject
matter.

PROPOSED CONSTITUTIONAL AMENDMENT – ARTICLE IV
DISASTER EMERGENCY DECLARATION AND MANAGEMENT
Ballot Question
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?
Plain English Statement of the Office of Attorney General
Joint Resolution No. 2021-1 proposes adding a new section to Article
IV of the Pennsylvania Constitution. This amendment incorporates
disaster emergency declaration and management powers directly
into the Constitution by:
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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.

PROPOSED CONSTITUTIONAL AMENDMENT – ARTICLE I
PROHIBITION AGAINST DENIAL OR ABRIDGEMENT OF
EQUALITY OF RIGHTS BECAUSE OF RACE OR ETHNICITY
Ballot Question
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?
Plain English Statement of the Office of Attorney General
Joint Resolution No. 2021-1, if approved by the electorate, will add
a new section to Article I of the Pennsylvania Constitution. This
amendment creates a constitutional prohibition against restricting
or denying an individual’s equal rights under Pennsylvania law
because of race or 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.

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.

PAID FOR WITH PENNSYLVANIA TAXPAYER DOLLARS. THIS ADVERTISEMENT IS FUNDED IN WHOLE BY THE GENERAL FUND.

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