Regular Session 2017-2018 Senate Bill 0222 P.N. 1264

HOUSE AMENDED

PRIOR PRINTER'S NOS. 205, 549, 765,

820, 1219

PRINTER'S NO. 1264

THE GENERAL ASSEMBLY OF PENNSYLVANIA

SENATE BILL

No.

222

Session of

2017

INTRODUCED BY GREENLEAF, BAKER, BARTOLOTTA, MENSCH, McGARRIGLE

AND KILLION, JANUARY 26, 2017

AS AMENDED ON SECOND CONSIDERATION, HOUSE OF REPRESENTATIVES,

OCTOBER 17, 2017

AN ACT

Amending Title 42 (Judiciary and Judicial Procedure) of the

Pennsylvania Consolidated Statutes, in organization and

jurisdiction of courts of common pleas, further providing for

courts of common pleas.; AND, IN ADMINISTRATIVE OFFICE OF

PENNSYLVANIA COURTS, PROVIDING FOR SENIOR JUDGE OPERATIONAL

SUPPORT GRANT PROGRAM.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1. Section 911(a) of Title 42 of the Pennsylvania

Consolidated Statutes is amended to read:

§ 911. Courts of common pleas.

(a) General rule.--There shall be one court of common pleas

for each judicial district of this Commonwealth consisting of

the following number of judges:

Judicial District

Number of

Judges

First 93

Second 15

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Third 9

Fourth 1

Fifth 43

Sixth 9

Seventh [13] 15

Eighth 3

Ninth [6] 7

Tenth 11

Eleventh 10

Twelfth 10

Thirteenth 2

Fourteenth 5

Fifteenth 14

Sixteenth 3

Seventeenth 2

Eighteenth 1

Nineteenth 15

Twentieth 1

Twenty-first 6

Twenty-second [1] 2

Twenty-third 13

Twenty-fourth 5

Twenty-fifth 2

Twenty-sixth 2

Twenty-seventh [6] 7

Twenty-eighth 2

Twenty-ninth 5

Thirtieth 3

Thirty-first 10

Thirty-second [20] 21

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Thirty-third 2

Thirty-fourth 1

Thirty-fifth 4

Thirty-sixth 7

Thirty-seventh 2

Thirty-eighth [23] 24

Thirty-ninth 5

Fortieth 3

Forty-first 2

Forty-second 2

Forty-third [6] 7

Forty-fourth 1

Forty-fifth 9

Forty-sixth 2

Forty-seventh 5

Forty-eighth 2

Forty-ninth 4

Fiftieth 6

Fifty-first 4

Fifty-second 4

Fifty-third 4

Fifty-fourth 1

Fifty-fifth 1

Fifty-sixth 3

Fifty-seventh 2

Fifty-eighth 2

Fifty-ninth 1

Sixtieth 2

* * *

Section 2. The additional judgeship added to the 22nd

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Judicial District by the amendment of 42 Pa.C.S. § 911(a) shall

be established on January 2, 2022, and shall be initially filled

by election at the 2021 municipal election.

SECTION 2. TITLE 42 IS AMENDED BY ADDING A SECTION TO READ:

§ 1906.1. SENIOR JUDGE OPERATIONAL SUPPORT GRANT PROGRAM.

(A) CONTINUATION.--THE COURT ADMINISTRATOR OF PENNSYLVANIA

SHALL CONTINUE THE PROGRAM TO DEFRAY THE COSTS IMPOSED ON

COUNTIES BY THE RULES OF JUDICIAL ADMINISTRATION FOR FACILITIES

AND STAFF FOR SENIOR JUDGES ASSIGNED TO THE COURTS OF COMMON

PLEAS.

(B) AVAILABILITY.--GRANTS SHALL BE MADE AVAILABLE TO

COUNTIES BASED ON THE LEVEL OF OPERATIONAL SUPPORT PROVIDED BY A

COUNTY TO:

(1) SENIOR JUDGES FORMERLY OF THE JUDICIAL DISTRICT IN

WHICH THE COUNTY IS SITUATED WHO ARE REGULARLY OR

PERIODICALLY ASSIGNED IN THAT COUNTY OR WHO ARE ASSIGNED

UNDER SECTION 4544 (RELATING TO CONVENING MULTICOUNTY

INVESTIGATING GRAND JURY).

(2) VISITING SENIOR JUDGES.

OPERATIONAL SUPPORT PROVIDED BY THE COUNTY DURING THE PRECEDING

CALENDAR YEAR. GRANTS SHALL BE CALCULATED BASED ON USE OF

JUDICIAL CHAMBERS, UTILIZATION OF THE SERVICES OF A LAW CLERK

AND UTILIZATION OF THE SERVICES OF A SECRETARY, WHICH CHAMBERS

OR SERVICES ARE DEEMED ADEQUATE AND APPROPRIATE BY THE

ADMINISTRATIVE OFFICE AS FOLLOWS:

(1) USE OF JUDICIAL CHAMBERS SHALL BE REIMBURSED AT THE

RATE OF $60 PER DAY, BILLABLE IN ONE-HALF-DAY INCREMENTS.

(2) UTILIZATION OF SERVICES OF A LAW CLERK SHALL BE

REIMBURSED AT $20 PER HOUR.

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(3) UTILIZATION OF SERVICES OF A SECRETARY SHALL BE

REIMBURSED AT $12 PER HOUR.

(D) REIMBURSEMENT.--

(1) COUNTIES SHALL BE REIMBURSED UPON TIMELY APPLICATION

BY THE BOARD OF COMMISSIONERS OR, IN THE ABSENCE OF A BOARD

OF COMMISSIONERS, THE EXECUTIVE AUTHORITY OF THE COUNTY OR,

IN THE CASE OF A COUNTY WHICH IS COTERMINOUS WITH A CITY OF

THE FIRST CLASS, THE MAYOR OF THE CITY OF THE FIRST CLASS.

(2) THE APPLICATION SHALL BE CERTIFIED BY THE PRESIDENT

JUDGE OF THE JUDICIAL DISTRICT IN WHICH THE COUNTY IS

SITUATED, SHALL INCLUDE SUCH DOCUMENTATION AS MAY BE REQUIRED

BY THE ADMINISTRATIVE OFFICE.

(3) THE DUE DATES FOR APPLICATIONS FOR OPERATIONAL

SUPPORT PROVIDED DURING EACH CALENDAR YEAR SHALL BE

ESTABLISHED BY THE COURT ADMINISTRATOR OF PENNSYLVANIA.

(E) MINIMUM STANDARDS.--THE ADMINISTRATIVE OFFICE SHALL SET

FORTH MINIMUM STANDARDS REGARDING ADEQUACY, APPROPRIATENESS AND

QUALITY OF JUDICIAL CHAMBERS AND SERVICES REQUIRED TO QUALIFY

FOR REIMBURSEMENT.

(F) REDUCTION.--IN THE EVENT THAT THE TOTAL REIMBURSEMENT

QUALIFYING FOR PAYMENT FOR ANY CALENDAR YEAR EXCEEDS THE AMOUNT

APPROPRIATED BY THE GENERAL ASSEMBLY FOR SUCH PURPOSE, THE COURT

ADMINISTRATOR OF PENNSYLVANIA SHALL PROPORTIONALLY REDUCE THE

GRANT FOR EACH COUNTY SO THAT THE TOTAL OF ALL GRANTS DOES NOT

EXCEED THE AMOUNT APPROPRIATED.

(G) LIMIT ON GRANT AMOUNT.--NO COUNTY SHALL RECEIVE MORE

THAN 20% OF THE AMOUNT APPROPRIATED FOR SENIOR JUDGE OPERATIONAL

SUPPORT GRANTS IN ANY FISCAL YEAR.

(H) REPORT.--NOT LATER THAN 60 DAYS FOLLOWING PAYMENT OF

GRANTS FOR ANY YEAR, THE COURT ADMINISTRATOR OF PENNSYLVANIA

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SHALL MAKE A REPORT TO THE APPROPRIATIONS COMMITTEE OF THE

SENATE AND THE APPROPRIATIONS COMMITTEE OF THE HOUSE OF

REPRESENTATIVES SETTING FORTH THE PAYMENTS MADE TO COUNTIES AND

THE SERVICES PROVIDED.

SECTION 2 3. THE FOLLOWING SHALL APPLY:

(1) THE NEW JUDGESHIP FOR THE NINTH JUDICIAL DISTRICT

ADDED BY THE AMENDMENT OF 42 PA.C.S. § 911(A) SHALL BE

ESTABLISHED ON JANUARY 6, 2020, AND SHALL BE INITIALLY FILLED

BY ELECTION AT THE 2019 MUNICIPAL ELECTION.

(2) THE NEW JUDGESHIP FOR THE TWENTY-SECOND JUDICIAL

DISTRICT ADDED BY THE AMENDMENT OF 42 PA.C.S. § 911(A) SHALL

BE ESTABLISHED ON JANUARY 3, 2022, AND SHALL BE INITIALLY

FILLED BY ELECTION AT THE 2021 MUNICIPAL ELECTION.

(3) THE ADDITION OF 42 PA.C.S. § 1906.1 SHALL APPLY

RETROACTIVELY TO JULY 1, 2017.

Section 3 4. This act shall take effect immediately.

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