CORRECTIVE REPRINT
        PRIOR PRINTER'S NOS. 1190, 1235, 1471         PRINTER'S NO. 1493

THE GENERAL ASSEMBLY OF PENNSYLVANIA


SENATE BILL

No. 1074 Session of 1995


                     Report of the Committee of Conference

        To the Members of the Senate and House of Representatives:

           We, the undersigned, Committee of Conference on the part of
        the Senate and House of Representatives for the purpose of
        considering Senate Bill No. 1074, entitled:
        "An act amending the act of September 30, 1983 (P.L.160, No.39),
        entitled 'An act establishing salaries and compensation of
        certain public officials including justices and judges of
        Statewide courts, judges of courts of common pleas, judges of
        the Philadelphia Municipal Court, judges of the Philadelphia
        Traffic Court, district justices and the Governor, the
        Lieutenant Governor, the State Treasurer, the Auditor General,
        the Attorney General and certain other State officers and the
        salary and certain expenses of the members of the General
        Assembly; and repealing certain inconsistent acts,' further
        providing for compensation of the members of the Environmental
        Hearing Board,"

        respectfully submit the following bill as our report:

                                           F. JOSEPH LOEPER

                                           ROBERT C. JUBELIRER

                                           ROBERT J. MELLOW

                                  (Committee on the part of the Senate.)

                                           MATTHEW J. RYAN

                                           JOHN E. BARLEY

                                           H. WILLIAM DeWEESE

                (Committee on the part of the House of Representatives.)


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                                     AN ACT

     1  Amending the act of September 30, 1983 (P.L.160, No.39),
     2     entitled "An act establishing salaries and compensation of
     3     certain public officials including justices and judges of
     4     Statewide courts, judges of courts of common pleas, judges of
     5     the Philadelphia Municipal Court, judges of the Philadelphia
     6     Traffic Court, district justices and the Governor, the
     7     Lieutenant Governor, the State Treasurer, the Auditor
     8     General, the Attorney General and certain other State
     9     officers and the salary and certain expenses of the members
    10     of the General Assembly; and repealing certain inconsistent
    11     acts," further providing for compensation of justices and
    12     judges of Statewide courts, judges of courts of common pleas,
    13     judges of the Philadelphia Municipal Court, judges of the
    14     Philadelphia Traffic Court, district justices and the
    15     Governor, the Lieutenant Governor, the State Treasurer, the
    16     Auditor General, the Attorney General and certain other State
    17     officers and the salary and certain expenses of the members
    18     of the General Assembly; and making a repeal.

    19     The General Assembly of the Commonwealth of Pennsylvania
    20  hereby enacts as follows:
    21     Section 1.  The act of September 30, 1983 (P.L.160, No.39),
    22  known as the Public Official Compensation Law, is amended by
    23  adding a section to read:
    24  Section 2.1.  Judicial salaries.
    25     (a)  Supreme Court.--The annual salary of the Chief Justice
    26  of the Supreme Court shall be $123,000, and the annual salary of
    27  each of the other justices of the Supreme Court shall be
    28  $119,750.
    29     (b)  Superior Court.--The annual salary of the President
    30  Judge of the Superior Court shall be $117,750, and the annual
    31  salary of the other judges of the Superior Court shall be
    32  $116,000.
    33     (c)  Commonwealth Court.--The annual salary of the President
    34  Judge of the Commonwealth Court shall be $117,750. The annual
    35  salary of each of the other judges of the Commonwealth Court
    36  shall be $116,000.
    37     (d)  Courts of common pleas.--

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     1         (1)  The annual salary of a president judge of a court of
     2     common pleas shall be fixed in accordance with the following
     3     schedule:
     4             (i)  Allegheny County, $106,000.
     5             (ii)  Philadelphia County, $106,500.
     6             (iii)  Judicial districts having six or more judges,
     7         $105,000.
     8             (iv)  Judicial districts having three to five judges,
     9         $104,500.
    10             (v)  Judicial districts having one or two judges,
    11         $104,000.
    12             (vi)  Administrative judges of the divisions of the
    13         Court of Common Pleas of Philadelphia County with
    14         divisions of six or more judges, $105,000.
    15             (vii)  Administrative judges of the divisions of the
    16         Court of Common Pleas of Philadelphia County with
    17         divisions of five or less judges, $104,500.
    18             (viii)  Administrative judges of the divisions of the
    19         Court of Common Pleas of Allegheny County with divisions
    20         of six or more judges, $105,000.
    21             (ix)  Administrative judges of the divisions of the
    22         Court of Common Pleas of Allegheny County with divisions
    23         of five or less judges, $104,500.
    24         (2)  The other judges of the courts of common pleas shall
    25     be paid an annual salary of $104,000.
    26     (e)  Philadelphia Municipal Court.--The President Judge of
    27  the Philadelphia Municipal Court shall receive an annual salary
    28  of $103,000. The annual salary for the other judges of the
    29  Philadelphia Municipal Court shall be $101,250.
    30     (f)  Philadelphia Traffic Court.--The President Judge of the
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     1  Philadelphia Traffic Court shall receive an annual salary of
     2  $55,000. The annual salary for the other judges of the
     3  Philadelphia Traffic Court shall be $54,500.
     4     (g)  District justices.--A district justice shall receive an
     5  annual salary payable by the Commonwealth of $51,500.
     6     (h)  Senior judges.--The compensation of the senior judges
     7  pursuant to 42 Pa.C.S. § 4121 (relating to assignment of judges)
     8  shall be $315 per day. In any calendar year the amount of
     9  compensation which a senior judge shall be permitted to earn as
    10  a senior judge shall not, when added to retirement income paid
    11  by the Commonwealth for such senior judge, exceed the
    12  compensation payable by the Commonwealth to a judge then in
    13  regular active service on the court from which said senior judge
    14  retired. A senior judge who so elects may serve without being
    15  paid all or any portion of the compensation provided by this
    16  section.
    17     (i)  Annual cost-of-living adjustment.--Beginning January 1,
    18  1997, and each January 1 thereafter, the annual salaries under
    19  subsections (a) through (h) shall be increased by the percentage
    20  change in the Consumer Price Index for All Urban Consumers (CPI-
    21  U) for the Pennsylvania, New Jersey, Delaware and Maryland area
    22  for the most recent 12-month period for which figures have been
    23  officially reported by the United States Department of Labor,
    24  Bureau of Labor Statistics immediately prior to the date the
    25  adjustment is due to take effect. The percentage increase and
    26  salary amounts shall be determined prior to the annual effective
    27  date of the adjustment by the Supreme Court and shall be
    28  published in the Pennsylvania Bulletin by the Court
    29  Administrator of Pennsylvania within 20 days of the date the
    30  determination is made.
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     1     Section 2.  Section 3 of the act, amended June 23, 1993
     2  (P.L.132, No.30), is amended to read:
     3  Section 3.  Compensation of Governor and Lieutenant Governor;
     4                 State Treasurer; Auditor General; Attorney
     5                 General; Commissioners of the Pennsylvania Public
     6                 Utility Commission; and heads of departments.
     7     (a)  The Governor, the Lieutenant Governor and Cabinet.--The
     8  annual salaries of the Governor, the Lieutenant Governor and the
     9  heads of the departments shall be as follows: Governor,
    10  [$105,000] $125,000; Lieutenant Governor, [$83,000] $105,000;
    11  Adjutant General, [$72,000] $90,000; Secretary of Aging,
    12  [$76,000] $95,000; Secretary of Agriculture, [$72,000] $90,000;
    13  Secretary of Banking, [$72,000] $90,000; Secretary of Commerce,
    14  [$76,000] $95,000; Secretary of the Commonwealth, [$72,000]
    15  $90,000; Secretary of Community Affairs, [$72,000] $90,000;
    16  Secretary of Education, [$80,000] $100,000; Secretary of
    17  Environmental [Resources, $80,000] Protection, $100,000;
    18  Secretary of General Services, [$76,000] $95,000; Secretary of
    19  Health, [$80,000] $100,000; Insurance Commissioner, [$72,000]
    20  $90,000; Secretary of Labor and Industry, [$80,000] $100,000;
    21  Secretary of Public Welfare, [$80,000] $100,000; Secretary of
    22  Revenue, [$76,000] $95,000; State Police Commissioner, [$76,000]
    23  $95,000; Secretary of Transportation, [$80,000.] $100,000;
    24  Secretary of Corrections, $100,000; Secretary of Conservation
    25  and Natural Resources $95,000.
    26     (b)  Compensation of State Treasurer, Auditor General and
    27  Attorney General.--The annual salaries of the State Treasurer,
    28  Auditor General and Attorney General shall be as follows: State
    29  Treasurer, [$84,000] $104,000; Auditor General, [$84,000]
    30  $104,000; Attorney General, [$84,000] $104,000.
    19950S1074B1493                  - 6 -

     1     (b.1)  Compensation of members of boards and commission.--The
     2  annual salaries of the members of boards and commission shall be
     3  as follows: Member of the Liquor Control Board, $48,800;
     4  Chairman of the Liquor Control Board, $50,800; Member of the
     5  Civil Service Commission, $40,625; Chairman of the Civil Service
     6  Commission, $40,625; Member of the State Tax Equalization Board,
     7  $16,250; Chairman of the State Tax Equalization Board, $17,500;
     8  Member of Milk Marketing Board, $15,625; Chairman of Milk
     9  Marketing Board, $16,250; Member of the Securities Commission,
    10  $15,000; Chairman of the Securities Commission, $16,250; Member
    11  of the Athletic Commission, $12,500; Chairman of the Athletic
    12  Commission, $13,125; Member of the Board of Pardons, $11,500;
    13  Chairman of the Board of Claims, $84,800; Member of the Board of
    14  Claims, $80,800.
    15     (c)  Additional compensation prohibited.--Neither the
    16  Governor, Lieutenant Governor, State Treasurer, Auditor General
    17  or Attorney General nor the head of any administrative
    18  department nor member of any board or commission referenced
    19  herein, shall receive any additional compensation for any
    20  services rendered to the Commonwealth in any capacity.
    21     (d)  Compensation of commissioners of the Pennsylvania Public
    22  Utility Commission.--Each of the commissioners of the
    23  Pennsylvania Public Utility Commission shall receive an annual
    24  salary commensurate with the annual salary received by the
    25  Secretary of Commerce, except the chairman, who shall receive an
    26  additional $2,500 per year. [Notwithstanding the provisions of
    27  section 3(g) of the act of July 13, 1988 (P.L.530, No.94), known
    28  as the Environmental Hearing Board Act, to the contrary, no
    29  member of the Environmental Hearing Board shall be entitled to
    30  any increase in or additional compensation as a result of the
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     1  provisions of this subsection.]
     2     (e)  Annual cost-of-living adjustment.--Beginning January 1,
     3  1997 and each January 1 thereafter, the stated annual salaries
     4  of the Governor and Lieutenant Governor, the State Treasurer,
     5  the Auditor General, the Attorney General and the heads of the
     6  departments and members of boards and commissions denoted herein
     7  shall be increased by an annual cost-of-living increase
     8  calculated by applying the percentage change in the Consumer
     9  Price Index for All Urban Consumers (CPI-U) for the
    10  Pennsylvania, New Jersey, Delaware and Maryland area, for the
    11  most recent 12-month period for which figures have been
    12  officially reported by the United States Department of Labor,
    13  Bureau of Labor Statistics immediately prior to the date the
    14  adjustment is due to take effect, to the then current salary
    15  amounts authorized. The percentage increase and the salary
    16  amounts shall be determined by the Governor prior to the annual
    17  effective date of the adjustment and shall be published by the
    18  Secretary of the Budget in the Pennsylvania Bulletin within ten
    19  days of the date the determination is made.
    20     Section 3.  Section 4 of the act is amended by adding
    21  subsections to read:
    22  Section 4.  Members of the General Assembly.
    23     * * *
    24     (c)  First annual cost-of-living adjustment for members.--For
    25  the 12-month period beginning December 1, 1996, through November
    26  30, 1997, the salary of the members of the General Assembly
    27  shall be increased by a cost-of-living factor which shall be
    28  determined by increasing the amounts contained in subsection (a)
    29  by the percentage change in the Consumer Price Index for All
    30  Urban Consumers (CPI-U) for the Pennsylvania, New Jersey,
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     1  Delaware and Maryland area, officially reported by the United
     2  States Department of Labor, Bureau of Labor Statistics for the
     3  period from July 1, 1990, through October 31, 1996. The
     4  percentage increase and the new salary amounts shall be
     5  determined jointly by the Chief Clerk of the Senate and the
     6  Chief Clerk of the House of Representatives and published by
     7  them in the Pennsylvania Bulletin within 20 days immediately
     8  prior to the cost-of-living increase taking effect.
     9     (c.1)  First annual cost-of-living adjustment for officers
    10  and leaders.--For the 12-month period beginning December 1,
    11  1996, through November 30, 1997, the additional compensation of
    12  the officers and leaders of the General Assembly shall be
    13  increased by a cost-of-living factor which shall be determined
    14  by increasing the amounts contained in subsection (b) by the
    15  percentage change in the Consumer Price Index for All Urban
    16  Consumers (CPI-U) for the Pennsylvania, New Jersey, Delaware and
    17  Maryland area, officially reported by the United States
    18  Department of Labor, Bureau of Labor Statistics for the period
    19  from July 1, 1990, through October 31, 1996. The percentage
    20  increase and the new compensation amounts shall be determined
    21  jointly by the Chief Clerk of the Senate and the Chief Clerk of
    22  the House of Representatives and published by them in the
    23  Pennsylvania Bulletin on or before November 30 immediately prior
    24  to the cost-of-living increase taking effect.
    25     (d)  Subsequent annual cost-of-living adjustment for
    26  members.--For the 12-month period beginning December 1, 1997,
    27  through November 30, 1998, and for each like 12-month period
    28  thereafter, the salary of the members of the General Assembly
    29  shall be increased by an annual cost-of-living adjustment
    30  calculated by applying the percentage change in the Consumer
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     1  Price Index for All Urban Consumers (CPI-U) for the
     2  Pennsylvania, New Jersey, Delaware and Maryland area, for the
     3  most recent 12-month period for which figures have been
     4  officially reported by the United States Department of Labor,
     5  Bureau of Labor Statistics immediately prior to the date the
     6  adjustment is due to take effect, to the then current salary
     7  amounts. The percentage increase and the new salary amounts
     8  shall be determined jointly by the Chief Clerk of the Senate and
     9  the Chief Clerk of the House of Representatives prior to the
    10  annual effective date of the adjustment and shall be published
    11  by them in the Pennsylvania Bulletin within ten days of the date
    12  such determination is made.
    13     (d.1)  Subsequent annual cost-of-living adjustment for
    14  officers and leaders.--For the 12-month period beginning
    15  December 1, 1997, through November 30, 1998, and for each like
    16  12-month period thereafter, the additional compensation of the
    17  officers and leaders of the General Assembly shall be increased
    18  by an annual cost-of-living adjustment calculated by applying
    19  the percentage change in the Consumer Price Index for All Urban
    20  Consumers (CPI-U) for the Pennsylvania, New Jersey, Delaware and
    21  Maryland area, for the most recent 12-month period for which
    22  figures have been officially reported by the United States
    23  Department of Labor, Bureau of Labor Statistics immediately
    24  prior to the date the adjustment is due to take effect, to the
    25  then current compensation. The percentage increase and the new
    26  compensation amounts shall be determined jointly by the Chief
    27  Clerk of the Senate and the Chief Clerk of the House of
    28  Representatives prior to the annual effective date of the
    29  adjustment and shall be published in the Pennsylvania Bulletin
    30  within 20 days immediately prior to each cost-of-living increase
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     1  taking effect.
     2     Section 4.  The act is amended by adding a section to read:
     3  Section 5.2.  Additional expenses for members of the General
     4                 Assembly.
     5     (a)  Members expense allowance.--For the period commencing
     6  November 1, 1995, and ending November 30, 1996, members of the
     7  General Assembly shall receive, in addition to any allowance for
     8  clerical assistance and other expenses, an unvouchered expense
     9  allowance of $733 per month which shall be paid monthly.
    10     (b)  Senate officers and leaders expense allowance.--For the
    11  period commencing November 1, 1995, and ending November 30,
    12  1996, the following officers and leaders of the Senate shall
    13  receive, in addition to any allowance for clerical assistance
    14  and other expenses, an unvouchered expense allowance in the
    15  following amounts which shall be paid monthly: President pro
    16  tempore, $411; Majority Leader, $329; Minority Leader, $329;
    17  Majority Whip, $250; Minority Whip, $250; Majority Caucus
    18  Chairman, $156; Minority Caucus Chairman, $156; Appropriations
    19  Chairman, $250; Minority Appropriations Chairman, $250; Majority
    20  Caucus Secretary, $103; Minority Caucus Secretary, $103;
    21  Majority Policy Chairman, $103; Minority Policy Chairman, $103;
    22  Majority Caucus Administrator, $103; Minority Caucus
    23  Administrator, $103.
    24     (c)  House officers and leaders expense allowance.--For the
    25  period commencing November 1, 1995, and ending November 30,
    26  1996, the following officers and leaders of the House of
    27  Representatives shall receive, in addition to any allowance for
    28  clerical assistance and other expenses, an unvouchered expense
    29  allowance in the following amounts which shall be paid monthly:
    30  Speaker of the House of Representatives, $411; Majority Leader,
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     1  $329; Minority Leader, $329; Majority Whip, $250; Minority Whip,
     2  $250; Majority Caucus Chairman, $156; Minority Caucus Chairman,
     3  $156; Appropriations Chairman, $250; Minority Appropriations
     4  Chairman, $250; Majority Caucus Secretary, $103; Minority Caucus
     5  Secretary, $103; Majority Policy Chairman, $103; Minority Policy
     6  Chairman, $103; Majority Caucus Administrator, $103; Minority
     7  Caucus Administrator, $103.
     8     (d)  Senators expense allowance 1996-1997.--Senators elected
     9  at the General Election of 1994, shall receive for the 12-month
    10  period, beginning December 1, 1996, and ending November 30,
    11  1997, in addition to any allowance for clerical assistance and
    12  other expenses, an annual unvouchered expense allowance of
    13  $8,800 increased by the dollar amount that the increase
    14  calculated pursuant to section 4(c) exceeds $8,800, which shall
    15  be paid on a pro rata basis monthly.
    16     (d.1)  Senators expense allowance 1997-1998.--Senators
    17  elected at the General Election of 1994, shall receive for the
    18  12-month period, beginning December 1, 1997, and ending November
    19  30, 1998, in addition to any allowance for clerical assistance
    20  and other expenses, an annual unvouchered expense allowance in
    21  the amount determined in section 5.2(d) increased by the dollar
    22  amount of the increase calculated pursuant to section 4(d) for
    23  the 12-month period beginning December 1, 1997, and ending
    24  November 30, 1998, which shall be paid pro rata on a monthly
    25  basis.
    26     (e)  Senate officers and leaders expense allowance 1996-
    27  1997.--Senators elected in the General Election of 1994 who are
    28  also officers or leaders of the Senate shall receive in addition
    29  to any allowance for clerical assistance and other expenses in
    30  conjunction with their positions as officers and leaders for the
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     1  12-month period beginning December 1, 1996, and ending November
     2  30, 1997, an annual unvouchered expense allowance in the
     3  following adjusted amounts: President pro tempore, $4,931;
     4  Majority Leader, $3,945; Minority Leader, $3,945; Majority Whip,
     5  $2,994; Minority Whip, $2,994; Majority Caucus Chairman, $1,867;
     6  Minority Caucus Chairman, $1,867; Appropriations Chairman,
     7  $2,994; Minority Appropriations Chairman, $2,994; Majority
     8  Caucus Secretary, $1,233; Minority Caucus Secretary, $1,233;
     9  Majority Policy Chairman, $1,233; Minority Policy Chairman,
    10  $1,233; Majority Caucus Administrator, $1,233; Minority Caucus
    11  Administrator, $1,233; which amounts shall be increased
    12  respectively by the dollar amount that the amount calculated
    13  pursuant to section 4(c.1) for each officer or leader exceeds
    14  the respective amounts above, which shall be paid on a pro rata
    15  basis monthly.
    16     (e.1)  Senate officers and leaders expense allowance 1997-
    17  1998.--Senators elected in the General Election of 1994 who are
    18  also officers or leaders of the Senate shall receive in addition
    19  to any allowance for clerical assistance and other expenses in
    20  conjunction with their positions as officers and leaders for the
    21  12-month period beginning December 1, 1997, and ending November
    22  30, 1998 an annual unvouchered expense allowance in the amount
    23  determined in section 5.2(e) increased by the dollar amount of
    24  the increase calculated pursuant to section 4(d.1) for the 12-
    25  month period beginning December 1, 1997, and ending November 30,
    26  1998, which shall be paid on a pro rata basis monthly.
    27     (f)  Expiration.--This section shall expire November 30,
    28  1998.
    29     Section 5.  The following acts and parts of acts are
    30  repealed:
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     1     The last sentence of section 301 of the act of June 28, 1995
     2  (P.L.89, No.18), known as the Conservation and Natural Resources
     3  Act.
     4     42 Pa.C.S. § 3581.
     5     Section 6.  It is the intent of the General Assembly that it
     6  would not have enacted any of the provisions of this act without
     7  all other provisions of the act and that all of the provisions
     8  are essentially and inseparably connected with each other.
     9  Accordingly, the provisions of this act shall be nonseverable
    10  and if any provision of this act or its application to any
    11  person or circumstance is held invalid, the remaining provisions
    12  or applications of this act are void.
    13     Section 7.  This act shall take effect as follows:
    14         (1)  The amendment of section 3 of the act shall take
    15     effect immediately, and shall be applicable as
    16     constitutionally permissible.
    17         (2)  The amendment of section 4 of the act shall take
    18     effect immediately and be applicable as constitutionally
    19     permissible.
    20         (3)  The addition of section 5.2 of the act shall take
    21     effect November 1, 1995.
    22         (4)  The remainder of this act shall take effect November
    23     1, 1995.





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