Pennsylvania Act 1974-347 — GOVERNOR AND LIEUTENANT GOVERNOR DISABILITY PROCEDURE LAW

Act text

GOVERNOR AND LIEUTENANT GOVERNOR DISABILITY PROCEDURE LAW
                 Act of Dec. 30, 1974, P.L. 1072, No. 347             Cl. 71
                                  AN ACT

     Establishing procedure for determining the disability of the
        Governor and Lieutenant Governor.

        The General Assembly of the Commonwealth of Pennsylvania
     hereby enacts as follows:

        Section 1.  Whenever the Governor transmits to the General
     Assembly his written declaration that he is unable to discharge
     the powers and duties of his office, and until he transmits to
     it a written declaration to the contrary, such 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 the powers and duties of his office, 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, when the Governor transmits to the
     General Assembly his written declaration that no disability
     exists, he shall resume the powers and duties of his office 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 the powers
     and duties of his office.
        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 the powers and duties of the office, the Lieutenant
     Governor shall continue to discharge the same as Acting
     Governor; otherwise, the Governor shall resume the powers and
     duties of his office.
        Section 4.  Whenever the Lieutenant Governor transmits to the
     General Assembly a written declaration that he is unable to
     discharge the powers and duties of his office, and until he
     transmits to them a written declaration to the contrary, such
     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 written declaration that
     the Lieutenant Governor is unable to discharge the powers and
     duties of his office, 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, when the Lieutenant Governor
     transmits to the General Assembly his written declaration that
     no disability exists, he shall resume the powers and duties of
     his office 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 the powers and duties of his office.
        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 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.
        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, 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 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 circumstances.