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.

PRINTER'S NO.   394

                     THE GENERAL ASSEMBLY OF PENNSYLVANIA



                        SENATE BILL
                        No. 460
                                               Session of
                                                 2025

     INTRODUCED BY ARGALL, STEFANO, DUSH, FONTANA, COSTA AND SCHWANK,
        MARCH 17, 2025

     REFERRED TO STATE GOVERNMENT, MARCH 17, 2025


                                    AN ACT
 1   Amending the act of December 30, 1974 (P.L.1072, No.347),
 2      entitled "An act establishing procedure for determining the
 3      disability of the Governor and Lieutenant Governor," further
 4      providing for incapacity of the Governor and Lieutenant
 5      Governor.
 6      The General Assembly of the Commonwealth of Pennsylvania
 7   hereby enacts as follows:
 8      Section 1.    Sections 1, 2, 3, 4, 5, 6 and 7 of the act of
 9   December 30, 1974 (P.L.1072, No.347), referred to as the
10   Governor and Lieutenant Governor Disability Procedure Law, are
11   amended to read:
12      Section 1.    Whenever the Governor transmits to the General
13   Assembly [his] and the Lieutenant Governor a written declaration
14   that [he is unable to discharge] the Governor is incapacitated
15   and unable to discharge the powers and duties of [his office]
16   the Office of Governor, and until [he transmits to it] a written
17   declaration to the contrary is transmitted by the Governor,
18   [such] the powers and duties shall be discharged by the
19   Lieutenant Governor as Acting Governor as provided in Article
 1   IV, section thirteen of the Constitution.
 2      Section 2.   Whenever the Lieutenant Governor and a majority
 3   of the Governor's Cabinet as defined herein transmit to the
 4   General Assembly their written declaration that the Governor is
 5   [unable to discharge] incapacitated and incapable of discharging
 6   the powers and duties of [his office] the Office of Governor,
 7   the Lieutenant Governor shall immediately assume the powers and
 8   duties of the office as Acting Governor as provided in Article
 9   IV, section thirteen of the Constitution.
10      Section 3.   [Thereafter] Following a declaration of
11   incapacitation under section 2, when the Governor transmits to
12   the General Assembly [his] a written declaration that no
13   disability exists, [he] the Governor shall resume the powers and
14   duties of [his office] the Office of the Governor at the
15   expiration of four days unless within that period the Lieutenant
16   Governor and a majority of the Governor's Cabinet as defined
17   herein transmit to the General Assembly another written
18   declaration that the Governor is [unable to discharge]
19   incapacitated and incapable of discharging the powers and duties
20   of [his office] the Office of Governor.
21      Thereupon, the General Assembly shall immediately decide the
22   issue, assembling within forty-eight hours for that purpose if
23   not in session. If the General Assembly, within twenty-one days
24   after receipt of the latter written declaration, or if the
25   General Assembly is not in session, within twenty-one days after
26   the General Assembly is required to assemble, determines by two-
27   thirds vote of each House that the Governor is [unable to
28   discharge] incapacitated and incapable of discharging the powers
29   and duties of the [office] Office of Governor, the Lieutenant
30   Governor shall continue to discharge the same as Acting

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 1   Governor; otherwise, the Governor shall resume the powers and
 2   duties of [his office] the Office of Governor.
 3      Section 4.   Whenever the Lieutenant Governor transmits to the
 4   Governor and the General Assembly a written declaration that [he
 5   is unable to discharge the powers and duties of his office] the
 6   Lieutenant Governor is incapacitated and incapable of
 7   discharging the powers and duties of the Office of Lieutenant
 8   Governor, and until [he transmits to them] a written declaration
 9   to the contrary[, such] is transmitted by the Lieutenant
10   Governor, the powers and duties shall be discharged by the
11   President Pro Tempore of the Senate as Acting Lieutenant
12   Governor as provided in Article IV, section fourteen of the
13   Constitution.
14      Section 5.   Whenever the President Pro Tempore of the Senate
15   and a majority of the Governor's Cabinet as defined herein
16   transmit to the General Assembly [their] a written declaration
17   that the Lieutenant Governor is [unable to discharge]
18   incapacitated and incapable of discharging the powers and duties
19   of [his office] Office of Lieutenant Governor, the President Pro
20   Tempore of the Senate shall immediately assume the powers and
21   duties of the office as Acting Lieutenant Governor as provided
22   in Article IV, section fourteen of the Constitution.
23      Section 6.   [Thereafter,] After declaration of incapacitation
24   under section 5, when the Lieutenant Governor transmits to the
25   General Assembly [his] a written declaration that no disability
26   exists, [he] the Lieutenant Governor shall resume the powers and
27   duties of [his office] the Office of Lieutenant Governor at the
28   expiration of four days unless within that period the President
29   Pro Tempore and a majority of the Governor's Cabinet as defined
30   herein, transmit to the General Assembly a written declaration

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 1   that the Lieutenant Governor is [unable to discharge]
 2   incapacitated and incapable of discharging the powers and duties
 3   of [his office] the Office of Lieutenant Governor.
 4      Thereupon, the General Assembly shall immediately decide the
 5   issue, assembling within forty-eight hours for that purpose if
 6   not in session. If the General Assembly within twenty-one days
 7   after receipt of the latter written declaration, or if the
 8   General Assembly is not in session, within twenty-one days after
 9   the General Assembly is required to assemble, determines by two-
10   thirds vote of each House that the Lieutenant Governor is
11   [unable to discharge] incapacitated and incapable of discharging
12   the powers and duties of the office, the President Pro Tempore
13   shall continue to discharge the same as Acting Lieutenant
14   Governor; otherwise, the Lieutenant Governor shall resume the
15   powers and duties of [his office] the Office of Lieutenant
16   Governor.
17      Section 7.   For the purpose of this statute the Governor's
18   Cabinet shall be the heads of the Administrative Departments as
19   defined in the [Administrative Code of 1929,] act of April 9,
20   1929 (P.L.177, No.175), [as amended,] known as The
21   Administrative Code of 1929, or any successor statute, who hold
22   office by appointment of the Governor.
23      A written declaration shall be transmitted to the General
24   Assembly by hand delivery, email or facsimile to the offices of
25   the [clerks of the House and the Senate, and immediately upon
26   receipt of such declaration it shall be the duty of the clerks
27   forthwith to communicate the entire declaration to each member
28   of the House and Senate by a telegram, supplemented by such
29   other prompt communication as may be desirable under the
30   circumstances.] President pro tempore of the Senate, the Speaker

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1   of the House of Representatives, the Majority Leader and
2   Minority Leader of the Senate and the Majority Leader and
3   Minority Leader of the House of Representatives. A written
4   declaration shall be transmitted to the Governor and the
5   Lieutenant Governor by hand delivery, email or facsimile.
6      Section 2.   This act shall take effect in 60 days.




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