Pennsylvania SB 460: An Act amending the act of December 30, 1974 (P.L.1072, No.347), referred to as the Governor and Lieutenant Governor Disability Procedure Law, further providing for incapacity of the Governor and Lieutenant Governor.

Bill Text

PRIOR PRINTER'S NO. 394 PRINTER'S NO. 1150
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No. 460
Session of
2025
INTRODUCED BY ARGALL, STEFANO, DUSH, FONTANA, COSTA AND SCHWANK,
MARCH 17, 2025
AS AMENDED ON THIRD CONSIDERATION, SEPTEMBER 8, 2025
AN ACT
Amending the act of December 30, 1974 (P.L.1072, No.347),
entitled "An act establishing procedure for determining the
disability of the Governor and Lieutenant Governor," further
providing for incapacity of the Governor and Lieutenant
Governor.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Sections 1, 2, 3, 4, 5, 6 and 7 of the act of
December 30, 1974 (P.L.1072, No.347), referred to as the
Governor and Lieutenant Governor Disability Procedure Law, are
amended to read:
Section 1. Whenever the Governor transmits to the General
Assembly [his] and the Lieutenant Governor a written declaration
that [he is unable to discharge] the Governor is incapacitated
DISABLED and unable to discharge the powers and duties of [his
office] the Office of Governor, and until [he transmits to it] a
written declaration to the contrary is transmitted by the
Governor, [such] the powers and duties shall be discharged by
the Lieutenant Governor as Acting Governor as provided in
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Article IV, section thirteen of the Constitution.
Section 2. Whenever the Lieutenant Governor and a majority
of the Governor's Cabinet as defined herein transmit to the
General Assembly their written declaration that the Governor is
[unable to discharge] incapacitated DISABLED and incapable of
discharging the powers and duties of [his office] the Office of
Governor, the Lieutenant Governor shall immediately assume the
powers and duties of the office as Acting Governor as provided
in Article IV, section thirteen of the Constitution.
Section 3. [Thereafter] Following a declaration of
incapacitation DISABILITY under section 2 , when the Governor
transmits to the General Assembly [his] a written declaration
that no disability exists, [he] the Governor shall resume the
powers and duties of [his office] the Office of the Governor at
the expiration of four days unless within that period the
Lieutenant Governor and a majority of the Governor's Cabinet as
defined herein transmit to the General Assembly another written
declaration that the Governor is [unable to discharge]
incapacitated DISABLED and incapable of discharging the powers
and duties of [his office] the Office of Governor.
Thereupon, the General Assembly shall immediately decide the
issue, assembling within forty-eight hours for that purpose if
not in session. If the General Assembly, within twenty-one days
after receipt of the latter written declaration, or if the
General Assembly is not in session, within twenty-one days after
the General Assembly is required to assemble, determines by two-
thirds vote of each House that the Governor is [unable to
discharge] incapacitated DISABLED and incapable of discharging
the powers and duties of the [office] Office of Governor, the
Lieutenant Governor shall continue to discharge the same as
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Acting Governor; otherwise, the Governor shall resume the powers
and duties of [his office] the Office of Governor.
Section 4. Whenever the Lieutenant Governor transmits to the
Governor and the General Assembly a written declaration that [he
is unable to discharge the powers and duties of his office] the
Lieutenant Governor is incapacitated DISABLED and incapable of
discharging the powers and duties of the Office of Lieutenant
Governor, and until [he transmits to them] a written declaration
to the contrary[, such] is transmitted by the Lieutenant
Governor, the powers and duties shall be discharged by the
President Pro Tempore of the Senate as Acting Lieutenant
Governor as provided in Article IV, section fourteen of the
Constitution.
Section 5. Whenever the President Pro Tempore of the Senate
and a majority of the Governor's Cabinet as defined herein
transmit to the General Assembly [their] a written declaration
that the Lieutenant Governor is [unable to discharge]
incapacitated DISABLED and incapable of discharging the powers
and duties of [his office] Office of Lieutenant Governor, the
President Pro Tempore of the Senate shall immediately assume the
powers and duties of the office as Acting Lieutenant Governor as
provided in Article IV, section fourteen of the Constitution.
Section 6. [Thereafter,] After declaration of incapacitation
DISABILITY under section 5, when the Lieutenant Governor
transmits to the General Assembly [his] a written declaration
that no disability exists, [he] the Lieutenant Governor shall
resume the powers and duties of [his office] the Office of
Lieutenant Governor at the expiration of four days unless within
that period the President Pro Tempore and a majority of the
Governor's Cabi