PRIOR PASSAGE - NONE
PRINTER'S NO. 1139
No. 969 Session of 2003
INTRODUCED BY VITALI, CURRY, FABRIZIO, FREEMAN, GABIG, JAMES,
LEACH, LEVDANSKY, PALLONE, RUBLEY AND TIGUE, MARCH 25, 2003
REFERRED TO COMMITTEE ON STATE GOVERNMENT, MARCH 25, 2003
A JOINT RESOLUTION
1 Proposing an amendment to the Constitution of the Commonwealth
2 of Pennsylvania, providing for the power of the General
3 Assembly to regulate lobbying and lobbyists.
4 The General Assembly of the Commonwealth of Pennsylvania
5 hereby resolves as follows:
6 Section 1. The following integrated amendment to the
7 Constitution of Pennsylvania is proposed in accordance with
8 Article XI:
9 (1) That section 11 of Article II be amended to read:
10 § 11. Powers of each house; expulsion.
11 (a) Each House shall have power to determine the rules of
12 its proceedings and punish its members or other persons for
13 contempt or disorderly behavior in its presence, to enforce
14 obedience to its process, to protect its members against
15 violence or offers of bribes or private solicitation, and, with
16 the concurrence of two-thirds, to expel a member, but not a
17 second time for the same cause, and shall have all other powers
1 necessary for the Legislature of a free State. A member expelled
2 for corruption shall not thereafter be eligible to either House,
3 and punishment for contempt or disorderly behavior shall not bar
4 an indictment for the same offense.
5 (b) The General Assembly may by law and each House shall
6 have the power and may by rule provide for the regulation of
7 lobbying and the registration of lobbyists, including attorneys
8 who work as lobbyists.
9 (2) That section 10 of Article V be amended to read:
10 § 10. Judicial administration.
11 (a) The Supreme Court shall exercise general supervisory and
12 administrative authority over all the courts and justices of the
13 peace, including authority to temporarily assign judges and
14 justices of the peace from one court or district to another as
15 it deems appropriate.
16 (b) The Supreme Court shall appoint a court administrator
17 and may appoint such subordinate administrators and staff as may
18 be necessary and proper for the prompt and proper disposition of
19 the business of all courts and justices of the peace.
20 (c) The Supreme Court shall have the power to prescribe
21 general rules governing practice, procedure and the conduct of
22 all courts, justices of the peace and all officers serving
23 process or enforcing orders, judgments or decrees of any court
24 or justice of the peace, including the power to provide for
25 assignment and reassignment of classes of actions or classes of
26 appeals among the several courts as the needs of justice shall
27 require, and for admission to the bar and, except as provided in
28 section 11(b) of Article II, to practice law, and the
29 administration of all courts and supervision of all officers of
30 the Judicial Branch, if such rules are consistent with this
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1 Constitution and neither abridge, enlarge nor modify the
2 substantive rights of any litigant, nor affect the right of the
3 General Assembly to determine the jurisdiction of any court or
4 justice of the peace, regulate lobbying and lobbyists, nor
5 suspend nor alter any statute of limitation or repose. All laws
6 shall be suspended to the extent that they are inconsistent with
7 rules prescribed under these provisions.
8 (d) The Chief Justice and president judges of all courts
9 with seven or less judges shall be the justice or judge longest
10 in continuous service on their respective courts; and in the
11 event of his resignation from this position the justice or judge
12 next longest in continuous service shall be the Chief Justice or
13 president judge. The president judges of all other courts shall
14 be selected for five-year terms by the members of their
15 respective courts, except that the president judge of the
16 traffic court in the City of Philadelphia shall be appointed by
17 the Governor. A Chief Justice or president judge may resign such
18 position and remain a member of the court. In the event of a tie
19 vote for office of president judge in a court which elects its
20 president judge, the Supreme Court shall appoint as president
21 judge one of the judges receiving the highest number of votes.
22 (e) Should any two or more justices or judges of the same
23 court assume office at the same time, they shall cast lots
24 forthwith for priority of commission, and certify the results to
25 the Governor who shall issue their commissions accordingly.
26 Section 2. (a) Upon the first passage by the General
27 Assembly of this proposed integrated constitutional amendment,
28 the Secretary of the Commonwealth shall proceed immediately to
29 comply with the advertising requirements of section 1 of Article
30 XI of the Constitution of Pennsylvania and shall transmit the
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1 required advertisements to two newspapers in every county in
2 which such newspapers are published in sufficient time after
3 passage of this proposed integrated constitutional amendment.
4 (b) Upon the second passage by the General Assembly of this
5 proposed integrated constitutional amendment, the Secretary of
6 the Commonwealth shall proceed immediately to comply with the
7 advertising requirements of section 1 of Article XI of the
8 Constitution of Pennsylvania and shall transmit the required
9 advertisements to two newspapers in every county in which such
10 newspapers are published in sufficient time after passage of
11 this proposed integrated constitutional amendment. The Secretary
12 of the Commonwealth shall submit this proposed integrated
13 constitutional amendment to the qualified electors of this
14 Commonwealth at the first primary, general or municipal election
15 occurring at least three months after the proposed integrated
16 constitutional amendment is passed by the General Assembly.
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