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                              PRIOR PASSAGE - NONE
                                                      PRINTER'S NO. 1139



No. 969 Session of 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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