PRINTER'S NO. 211
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
246
Session of
2023
INTRODUCED BY ARGALL, GEBHARD, MARTIN, J. WARD, HUTCHINSON AND
STEFANO, JANUARY 31, 2023
REFERRED TO STATE GOVERNMENT, JANUARY 31, 2023
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. The title of the act of December 30, 1974
(P.L.1072, No.347), referred to as the Governor and Lieutenant
Governor Disability Procedure Law, is amended to read:
AN ACT
Establishing procedure for determining the [disability]
incapacity of the Governor and Lieutenant Governor.
Section 2. Sections 1, 2, 3, 4, 5, 6 and 7 of the act 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
and unable to discharge the powers and duties of [his office]
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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 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 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 under section 2, when the Governor transmits to
the General Assembly [his] a written declaration that no
[disability] incapacity 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 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-
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thirds vote of each House that the Governor is [unable to
discharge] incapacitated and incapable of discharging the powers
and duties of the [office] Office of Governor, the Lieutenant
Governor shall continue to discharge the same as 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 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 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
under section 5, when the Lieutenant Governor transmits to the
General Assembly [his] a written declaration that no
[disability] incapacitation exists, [he] the Lieutenant Governor
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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 Cabinet as defined herein, transmit to the General
Assembly a written declaration that the Lieutenant Governor is
[unable to discharge] incapacitated and incapable of discharging
the powers and duties of [his office] the Office of Lieutenant
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 Lieutenant Governor is
[unable to discharge] incapacitated and incapable of discharging
the powers and duties of the office, the President Pro Tempore
shall continue to discharge the same as Acting Lieutenant
Governor; otherwise, the Lieutenant Governor shall resume the
powers and duties of [his office] the Office of Lieutenant
Governor.
Section 7. For the purpose of this statute the Governor's
Cabinet shall be the heads of the Administrative Departments as
defined in the [Administrative Code of 1929,] act of April 9,
1929 (P.L.177, No.175), [as amended,] known as The
Administrative Code of 1929, or any successor statute, who hold
office by appointment of the Governor.
A written declaration shall be transmitted to the General
Assembly by hand delivery, email or facsimile to the offices of
the [clerks of the House and the Senate, and immediately upon
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receipt of such declaration it shall be the duty of the clerks
forthwith to communicate the entire declaration to each member
of the House and Senate by a telegram, supplemented by such
other prompt communication as may be desirable under the
circumstances.] Majority Leader and Minority Leader of the
Senate and the Majority Leader and Minority Leader of the House
of Representatives. A written declaration shall be transmitted
to the Governor and the Lieutenant Governor by hand delivery,
email or facsimile.
Section 3. This act shall take effect in 60 days.
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