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                              PRIOR PASSAGE - NONE
                                                      PRINTER'S NO. 2865

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE BILL

No. 2175 Session of 1998


        INTRODUCED BY ARMSTRONG, SCHRODER, FARGO, CHADWICK, BROWN,
           HERMAN, HENNESSEY, LYNCH, HALUSKA AND E. Z. TAYLOR,
           FEBRUARY 3, 1998

        REFERRED TO COMMITTEE ON JUDICIARY, FEBRUARY 3, 1998

                               A JOINT RESOLUTION

     1  Proposing an amendment to the Constitution of the Commonwealth
     2     of Pennsylvania, providing for the budgetary affairs of the
     3     unified judicial system.

     4     The General Assembly of the Commonwealth of Pennsylvania
     5  hereby resolves as follows:
     6     Section 1.  The following amendment to the Constitution of
     7  Pennsylvania is proposed in accordance with Article XI:
     8     That Article V be amended by adding a section to read:
     9  § 19.  Financial affairs and budgets.
    10     (a)  As provided by the Constitution of Pennsylvania and by
    11  statute, the Supreme Court shall submit annually to the Governor
    12  and the General Assembly a proposed budget for the ensuing
    13  fiscal year for the Supreme Court, Superior Court, Commonwealth
    14  Court, Court Administrator of Pennsylvania and other statewide
    15  agencies, committees and statewide units of the unified judicial
    16  system setting forth in detail proposed expenditures classified
    17  by court, agency, committee or unit for the year.


     1     (b)  The General Assembly shall include such budget
     2  appropriations for the Supreme Court, Superior Court,
     3  Commonwealth Court, Court Administrator of Pennsylvania and
     4  other statewide agencies, committees and statewide units of the
     5  unified judicial system as the General Assembly shall determine
     6  to be necessary and reasonable in the general appropriation bill
     7  or such separate appropriation bill as it deems appropriate. No
     8  moneys shall be paid out of the treasury for the operation of
     9  the unified judicial system except on appropriation approved by
    10  the General Assembly and upon warrant issued by the proper
    11  officer.
    12     (c)  Except as provided by statute, all fees, charges and
    13  other moneys received by the Supreme Court, Superior Court,
    14  Commonwealth Court or other statewide agency, committee or
    15  statewide unit of the unified judicial system, with the
    16  exception of payments mandated to a party by court order and
    17  fees assessed by the Supreme Court and paid to The Disciplinary
    18  Board of the Supreme Court of Pennsylvania or for a client
    19  security fund, shall be deposited in the treasury for
    20  appropriation by the General Assembly for the unified judicial
    21  system.
    22     (d)  The financial affairs of the Supreme Court, Superior
    23  Court, Commonwealth Court or other court, agency, committee or
    24  unit of the unified judicial system shall be subject to audits
    25  made in accordance with generally accepted auditing standards
    26  and shall be performed by the Auditor General.
    27     Section 2.  (a)  Upon the first passage by the General
    28  Assembly of this proposed constitutional amendment, the
    29  Secretary of the Commonwealth shall proceed immediately to
    30  comply with the advertising requirements of section 1 of Article
    19980H2175B2865                  - 2 -

     1  XI of the Constitution of Pennsylvania and shall transmit the
     2  required advertisements to two newspapers in every county in
     3  which such newspapers are published in sufficient time after
     4  passage of this proposed constitutional amendment.
     5     (b)  Upon the second passage by the General Assembly of this
     6  proposed constitutional amendment, the Secretary of the
     7  Commonwealth shall proceed immediately to comply with the
     8  advertising requirements of section 1 of Article XI of the
     9  Constitution of Pennsylvania and shall transmit the required
    10  advertisements to two newspapers in every county in which such
    11  newspapers are published in sufficient time after passage of
    12  this proposed constitutional amendment. The Secretary of the
    13  Commonwealth shall submit this proposed constitutional amendment
    14  to the qualified electors of this Commonwealth at the first
    15  primary, general or municipal election occurring at least three
    16  months after the proposed constitutional amendment is passed by
    17  the General Assembly which meets the requirements of and is in
    18  conformance with section 1 of Article XI of the Constitution of
    19  Pennsylvania.








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