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COMMONWEALTH OF PENNSYLVANIA
OFFICE OF ATTORNEY GENERAL
HARRISBURG, PA. 17120
February 25, 2016
Christopher B. Craig, Esq.
Chief Counsel
Pennsylvania Treasury
129 Finance Building
Harrisburg, PA 17120
Dear Mr. Craig:
On behalf of the State Treasury, you have requested a legal opinion, pursuant to the
Commonwealth Attorneys Act, 71 P.S. § 732-204, concerning the authority of the State Treasurer
to issue his warrant for the payment of requisitions submitted by the Governor's Office of Budget to
pay the continuing operational expenses of the state correctional institutions that exceed the
appropriation level established in the Fiscal Year 2015-16 General Appropriation Act, Act of
December 29, 2015 (P.L. _, No. 1OA) (Act 1OA of 2015). After careful review, we have
concluded that the prohibition in Article III, Section 24 of the Pennsylvania Constitution and 72
P.S. § 3422 against the Treasury paying any money in excess of that appropriated is superseded to
the extent the state law is in direct conflict with the United States Constitution or federal statutes.
As a threshold matter, Section 204(a)(1) of the Commonwealth Attorneys Act provides that,
[u]pon the request of the Governor or the head of any Commonwealth Agency, the Attorney
General shall furnish legal advice concerning any matter or issue arising in connection with the
exercise of the official powers or the performance of the official duties of the Governor or agency.
71 P.S. § 732-204(a)(1). The Commonwealth Attorneys Act further provides that the State
Treasury shall not be considered a Commonwealth Agency for purposes of Section 204(a). 71 P.S.
§ 732-102 (defining the State Treasury to be a Commonwealth Agency only for purposes of Section
204(b) and 204(f) and 42 Pa.C.S. § 5110). As a result, this legal opinion is not binding on the State
Treasury. Furthermore, please be advised that the protection from liability afforded recipients of
binding opinions from the Attorney General under Section 204(a)(1) also does not apply to the
State Treasury; therefore, reliance on this opinion is at the Treasury's discretion.
Factual Background
On December 29, 2015, Governor Wolf partially approved and signed Act 10A of 2015. As it
pertains to this matter, the appropriation for state correctional institutions was reduced by the
Governor from $1.89 billion to the sum of $956 million. You have indicated that the Treasury
imminently expects the Department of Corrections to exhaust all funds appropriated for the](ViewImageLocal?handle=hein.sag/sagpa0065&div=1&collection=&method=preview&ext=.png&size=3)