PRINTER'S NO. 1634
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
1164
Session of
2015
INTRODUCED BY TEPLITZ, MARCH 22, 2016
REFERRED TO STATE GOVERNMENT, MARCH 22, 2016
AN ACT
Establishing the Citizens Compensation Commission; providing for
its powers and duties; and repealing provisions of the Public
Official Compensation Law.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Short title.
This act shall be known and may be cited as the Citizens
Compensation Commission Act.
Section 2. Definitions.
The following words and phrases when used in this act shall
have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Commission." The Citizens Compensation Commission
established by this act.
"Party officer." The term includes:
(1) A member of a national political party committee.
(2) A chairman, vice chairman, secretary, treasurer or
counsel of a State political party committee or member of the
executive committee of a State committee of a political
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party.
(3) A county chairman, vice chairman, secretary,
treasurer or counsel of a county political party committee.
(4) A city chairman, vice chairman, secretary, treasurer
or counsel of a city political party committee.
"Public official." The term includes:
(1) The Governor, Lieutenant Governor, a member of the
Governor's cabinet, Treasurer, Auditor General and Attorney
General of the Commonwealth.
(2) A member of the Senate or House of Representatives
of the Commonwealth.
(3) An individual elected or appointed to any office of
a county or municipality that directly receives a
distribution of revenue under this act.
(4) An individual elected or appointed to a department,
agency, board, commission, authority or other governmental
body not included in paragraph (1), (2) or (3) that directly
receives a distribution of revenue under this act.
(5) An individual elected or appointed to a department,
agency, board, commission, authority, county, municipality or
other governmental body not included in paragraph (1), (2) or
(3) who has discretionary power that may influence or affect
the outcome of an action or decision and is involved in:
(i) the development of regulation or policy relating
to a licensed entity; or
(ii) in other matters under this act.
The term does not include a member of a school board or an
individual who held an uncompensated office with a governmental
body prior to January 1, 2006, and who no longer holds the
office as of January 1, 2006. The term includes a member of an
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advisory board or commission that makes recommendations relating
to a licensed facility.
Section 3. Commission established.
The Citizens Compensation Commission is established. The
commission shall annually determine the salary paid to members
of the General Assembly and the amount of additional
compensation to be paid to officers and leaders of the Senate
and House of Representatives.
Section 4. Membership.
(a) Appointment.--The commission shall consist of members
who must be residents of this Commonwealth and who shall be
appointed by the Governor. The Governor shall appoint:
(1) Two members who are representatives of labor
organizations.
(2) Two members who own or operate a small business.
(3) Two members who are individual taxpayers of this
Commonwealth.
(4) One member who is an executive level employee of a
large for-profit business entity.
(5) One member who is the director, officer or executive
level employee of a nonprofit organization.
(6) Two members who are professionals in the field of
employee compensation from different organizations.
(b) Ineligibility.--
(1) No person may be appointed a member of the
commission or be employed by or be an independent contractor
of the commission if the person is, or has been within the
preceding 10 years, a public official or party officer in
this Commonwealth or any of its political subdivisions.
(2) (i) No member of the commission may participate in
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a hearing, proceeding or other matter in which the
member, or the immediate family thereof, has a financial
interest in the subject matter of the hearing or
proceeding or other interest that could be substantially
affected by the outcome of the hearing or proceeding.
(ii) For purposes of this paragraph, the term
"immediate family" shall mean spouse, parent, brother,
sister or child.
(c) Terms.--
(1) Except as otherwise provided in paragraph (2), the
term of a member shall be three years, commencing July 1,
2016, and until the member's successor is appointed.
(2) Of the members first appointed to the commission,
the Governor shall designate three members to serve for three
years, three of the members to serve for two years and three
of the members to serve for one year.
(d) Compensation and expenses.--Members of the commission
shall serve without compensation but shall be reimbursed for
mileage and actual expenses incurred in carrying out their
responsibilities under this act.
(e) Chairperson.--The members of the commission shall elect
a member as chairperson of the commission.
(f) Action.--The concurrence of at least seven members shall
be required for formal commission action.
(g) Meetings.--The chairperson shall call at least one
meeting per calendar year, no later than July 1.
Section 5. Establishment of salaries and additional
compensation.
(a) General rule.--The commission shall establish the salary
of members of the General Assembly and the amount of additional
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compensation to be paid to officers and leaders of the Senate
and the House of Representatives for the period beginning
December 1 of the same calendar year and ending November 30 of
the subsequent calendar year.
(b) Limitation.--The commission may not establish a salary
amount that is less than the salary amount established for the
immediately preceding period beginning December 1 and ending
November 30.
Section 6. Repeals.
Repeals are as follows:
(1) The General Assembly declares that the repeal under
paragraph (2) is necessary to effectuate this act.
(2) Section 4 of the act of September 30, 1983 (P.L.160,
No.39), known as the Public Official Compensation Law, is
repealed.
Section 7. Applicability.
This act shall apply to any member of the General Assembly
whose term of office commences after the effective date of this
section.
Section 8. Effective date.
This act shall take effect immediately.
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