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.

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394 THEPRINTER'S GENERALNO. ASSEMBLY OF PENNSYLVANIA SENATE BILL Session of No.

4601150 2025THE INTRODUCEDGENERAL BYASSEMBLY ARGALL,OF STEFANO,PENNSYLVANIA DUSH,SENATE FONTANA,BILL COSTASession AND SCHWANK, MARCH 17, 2025 REFERRED TO STATE GOVERNMENT, MARCH 17, 2025 AN ACT Amending the act of DecemberNo. 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.

460 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.

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 Article IV, section thirteen of the Constitution.

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.

[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.

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 Acting20250SB0460PN1150 20250SB0460PN0394 - 2 - Acting Governor;

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.

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.

[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 Cabinet as defined herein, transmit to the General 20250SB0460PN1150 - 3 - Assembly a written declaration 20250SB0460PN0394 - 3 - that the Lieutenant Governor is [unable to discharge] incapacitated DISABLED and incapable of <-- discharging the powers and duties of [his office] the Office of Lieutenant Governor.

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 DISABLED 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;

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 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 20250SB0460PN1150 - 4 - circumstances.] President pro tempore of the Senate, the Speaker 20250SB0460PN0394 - 4 - of the House of Representatives, the Majority Leader and Minority Leader of the Senate and the Majority Leader and Minority Leader of the House of Representatives.

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