PRIOR PASSAGE - NONE
PRINTER'S NO. 677
No. 640 Session of 1999
INTRODUCED BY GREENLEAF, GERLACH, HART, DENT AND SALVATORE,
MARCH 22, 1999
REFERRED TO JUDICIARY, MARCH 22, 1999
A JOINT RESOLUTION
1 Proposing an amendment to the Constitution of the Commonwealth
2 of Pennsylvania, providing for the rulemaking power of the
3 Supreme Court.
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 section 10(c) of Article V be amended and the section be
9 amended by adding a subsection to read:
10 § 10. Judicial administration.
11 * * *
12 (c) [The] Subject to the provisions of subsection (f), the
13 Supreme Court shall have the power to prescribe general rules
14 governing practice, procedure and the conduct of all courts,
15 justices of the peace and all officers serving process or
16 enforcing orders, judgments or decrees of any court or justice
17 of the peace, including the power to provide for assignment and
1 reassignment of classes of actions or classes of appeals among
2 the several courts as the needs of justice shall require, and
3 for admission to the bar and to practice law, and the
4 administration of all courts and supervision of all officers of
5 the Judicial Branch, if such rules are consistent with this
6 Constitution and neither abridge, enlarge nor modify the
7 substantive rights of any litigant, nor affect the right of the
8 General Assembly to determine the jurisdiction of any court or
9 justice of the peace, nor suspend nor alter any statute of
10 limitation or repose. [All laws shall be suspended to the extent
11 that they are inconsistent with rules prescribed under these
12 provisions.] No law shall be suspended unless found to be in
13 violation of this Constitution. No general rule shall be
14 prescribed unless notice of intention to prescribe such a rule
15 shall have been published in the manner provided by the General
16 Assembly for rules and regulations generally and an opportunity
17 for public comment is provided, and no general rule shall take
18 effect until it has been published in its final form in the
19 publication manner prescribed by law.
20 * * *
21 (f) Rules prescribed by the Supreme Court under subsection
22 (c) shall be published in their final form in the publication
23 manner prescribed by law. Subject to gubernatorial review
24 pursuant to section 9 of Article III of this Constitution, the
25 General Assembly may by concurrent resolution reject any rules
26 prescribed by the Supreme Court within 90 days of their
27 publication in the Pennsylvania Bulletin. The rules shall not
28 take effect until the 90-day review period has expired.
29 Section 2. (a) Upon the first passage by the General
30 Assembly of this proposed constitutional amendment, the
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1 Secretary of the Commonwealth shall proceed immediately to
2 comply with the advertising requirements of section 1 of Article
3 XI of the Constitution of Pennsylvania and shall transmit the
4 required advertisements to two newspapers in every county in
5 which such newspapers are published in sufficient time after
6 passage of this proposed constitutional amendment.
7 (b) Upon the second passage by the General Assembly of this
8 proposed constitutional amendment, the Secretary of the
9 Commonwealth shall proceed immediately to comply with the
10 advertising requirements of section 1 of Article XI of the
11 Constitution of Pennsylvania and shall transmit the required
12 advertisements to two newspapers in every county in which such
13 newspapers are published in sufficient time after passage of
14 this proposed constitutional amendment. The Secretary of the
15 Commonwealth shall submit this proposed constitutional amendment
16 to the qualified electors of this Commonwealth at the first
17 primary, general or municipal election occurring at least three
18 months after the proposed constitutional amendment is passed by
19 the General Assembly which meets the requirements of and is in
20 conformance with section 1 of Article XI of the Constitution of
21 Pennsylvania.
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