SB 246 — 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.

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WARD, HUTCHINSON AND STEFANO, JANUARY 31, 2023 REFERREDSENATOR TODUSH, STATE GOVERNMENT, JANUARYAS 31,AMENDED, MAY 9, 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 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:

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:

[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 20230SB0246PN0735 - 2 - 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- 20230SB0246PN0211 - 2 - 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;

20230SB0246PN0735 - 3 - 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 20230SB0246PN0211<-- - 3 - 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.

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 20230SB0246PN0735 - 4 - 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 20230SB0246PN0211 - 4 - 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.

Section 3.3 2.

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