PRINTER'S NO. 1714
No. 1292 Session of 1993
INTRODUCED BY GERLACH, CARONE, REBER, FARMER, MASLAND, NAILOR,
NYCE, TRELLO, LAUB, SEMMEL, FAIRCHILD, MELIO, MUNDY, PETTIT,
HANNA, WOGAN, FLICK, SURRA, CIVERA, CURRY AND J. TAYLOR,
MAY 5, 1993
REFERRED TO COMMITTEE ON STATE GOVERNMENT, MAY 5, 1993
AN ACT
1 Establishing a citizens' compensation commission to review
2 salaries, benefits and other forms of compensation; and
3 providing for the conduct of and compensation of the
4 commission.
5 The General Assembly of the Commonwealth of Pennsylvania
6 hereby enacts as follows:
7 Section 1. Establishment of commission.
8 In order to promote and inspire fairness, uniformity and
9 public confidence, there is hereby established an independent
10 body to regularly review, assess and determine the salary,
11 benefits and all other forms of compensation for the following
12 elected officials:
13 (1) The Governor.
14 (2) Lieutenant Governor.
15 (3) Attorney General.
16 (4) State Treasurer.
17 (5) Auditor General.
18 (6) Members of the Senate.
1 (7) Members of the House of Representatives.
2 (8) Members of the Supreme Court.
3 (9) Members of the Superior Court.
4 (10) Members of the Commonwealth Court.
5 (11) Members of the courts of common pleas.
6 (12) Members of the Philadelphia Municipal Court.
7 (13) Members of the Traffic Court of Philadelphia.
8 (14) District justices.
9 Section 2. Definitions.
10 The following words and phrases when used in this act shall
11 have the meanings given to them in this section unless the
12 context clearly indicates otherwise:
13 "Benefits." Anything of economic value, however designated,
14 which is paid, loaned, granted, given, donated or transferred.
15 "Forms of compensation." Includes per diem payment, care
16 reimbursement, unvouchered expense accounts, insurance and
17 reimbursable expenses.
18 "Profession." A vocation or occupation requiring special,
19 advanced education and skills.
20 "Salary." A fixed periodical compensation paid for services
21 rendered.
22 Section 3. Composition of commission.
23 (a) Composition.--The commission shall be comprised of 30
24 members appointed from the below listed designated sectors as
25 follows:
26 (1) The Governor shall appoint one representative from
27 business for a term of six years, one representative from
28 labor for a term of three years, one representative from
29 education for a term of three years, one representative from
30 the professions for a term of six years and two other
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1 citizens at large for terms of six years.
2 (2) The Majority Leader of the Senate shall appoint one
3 representative from business for a term of six years, one
4 representative from labor for a term of three years, one
5 representative from education for a term of six years, one
6 representative from the professions for a term of three years
7 and two citizens at large, one for a term of six years and
8 one for a term of three years.
9 (3) The Minority Leader of the Senate shall appoint one
10 representative from business for a term of three years, one
11 representative from labor for a term of six years, one
12 representative from education for a term of three years, one
13 representative from the professions for a term of six years
14 and two citizens at large, one for a term of six years and
15 one for a term of three years.
16 (4) The Majority Leader of the House of Representatives
17 shall appoint one representative from business for a term of
18 six years, one representative from labor for a term of three
19 years, one representative from education for a term of six
20 years, one representative from the professions for a term of
21 three years and two citizens at large, one for a term of six
22 years and one for a term of three years.
23 (5) The Minority Leader of the House of Representatives
24 shall appoint one representative from business for a term of
25 three years, one representative from labor for a term of six
26 years, one representative from education for a term of three
27 years, one representative from the professions for a term of
28 six years and two citizens at large, one for a term of six
29 years and one for a term of three years.
30 (b) Residency.--All members shall be and have been residents
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1 of this Commonwealth for at least five years prior to
2 appointment.
3 (c) Restrictions.--No member shall have been:
4 (1) a candidate for public office;
5 (2) an elected official as outlined in section 1;
6 (3) a member or officer of any political committee,
7 organization or political action committee; or
8 (4) a relative, by blood or by marriage, of any such
9 candidate, official, member or officer for at least five
10 years prior to appointment.
11 (d) Regions.--The elected officials outlined in subsection
12 (a) shall undertake all reasonable efforts to appoint members
13 from each region of this Commonwealth as follows:
14 (1) Southeast Region - Counties of Bucks, Chester,
15 Delaware, Montgomery and Philadelphia.
16 (2) Northeast Region - Counties of Berks, Bradford,
17 Carbon, Lackawanna, Lehigh, Luzerne, Monroe, Northampton,
18 Pike, Schuylkill, Sullivan, Susquehanna, Tioga, Wayne and
19 Wyoming.
20 (3) Southwest Region - Counties of Allegheny, Armstrong,
21 Beaver, Butler, Fayette, Greene, Indiana, Washington and
22 Westmoreland.
23 (4) Northwest Region - Counties of Cameron, Clarion,
24 Clearfield, Crawford, Elk, Erie, Forest, Jefferson, Lawrence,
25 McKean, Mercer, Potter, Venango and Warren.
26 (5) South Central Region - Counties of Adams,
27 Cumberland, Dauphin, Franklin, Lancaster, Lebanon, Perry and
28 York.
29 (6) North Central Region - Counties of Bedford, Blair,
30 Cambria, Centre, Clinton, Columbia, Fulton, Huntingdon,
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1 Juniata, Lycoming, Mifflin, Montour, Northumberland, Snyder,
2 Somerset and Union.
3 (e) Terms of office.--
4 (1) No member shall serve more than one term of office.
5 (2) Succeeding members shall be appointed immediately
6 upon expiration of prior member's term.
7 (3) Vacancies occurring during a member's term shall be
8 filled for the remainder of the term of the vacating member.
9 (f) Compensation.--Members shall not receive compensation,
10 but shall be reimbursed for all reasonable and necessary gas,
11 tolls, lodging and food expenses incident to performance of
12 their duties.
13 Section 4. Conduct of commission.
14 (a) Meetings and officers.--The commission shall meet at
15 least four times per year. The commission members shall elect
16 such officers and arrange such committees as are necessary to
17 carry out the purposes of this act.
18 (b) Executive director.--The commission shall employ an
19 executive director to undertake such duties and activities as
20 are necessary to carry out the purposes of this act. The
21 commission may also authorize the employment of any other staff
22 necessary for its operations.
23 (c) Commission business.--The business of the commission
24 shall be conducted by majority vote in person or by proxy. In
25 the event of a tie vote among members, the executive director
26 shall cast the deciding vote.
27 Section 5. Determination of compensation.
28 The salary, benefits and all other forms of compensation for
29 the elected officials set forth in section 1 shall be determined
30 as follows:
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1 (1) The commission shall undertake a review and a study
2 of compensation for officials accordingly:
3 (i) During the first year of operation, the
4 commission shall review the compensation of the Governor,
5 Lieutenant Governor, Attorney General, State Treasurer
6 and Auditor General.
7 (ii) During the second year of operation, the
8 commission shall review the compensation of the members
9 of the Senate and the House of Representatives.
10 (iii) During the third year of operation, the
11 commission shall review the compensation of the members
12 of the Supreme Court, Superior Court, Commonwealth Court,
13 courts of common pleas, Traffic Court of Philadelphia,
14 Philadelphia Municipal Court and district justices.
15 (2) A review and study of compensation for the officials
16 shall be conducted every three years thereafter in the order
17 set forth in paragraph (1).
18 (3) Each review and study of compensation shall include
19 at least three public hearings in different locations of this
20 Commonwealth for any interested party or citizen of this
21 Commonwealth.
22 (4) Within 30 days of completion of each review and
23 study of compensation, the commission shall issue its
24 determination of compensation for the elected officials. The
25 compensation so determined by the commission will take effect
26 45 days following the date of issuance of the determination
27 unless, within 30 days of issuance, the Governor and the
28 General Assembly, by constitutional majority, rejects the
29 determination. If the rejection does not occur, the
30 commission shall certify its determination to the State
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1 Treasurer and any other entity authorized to provide
2 compensation to the officials. If rejection does occur,
3 another review and study of compensation shall not be
4 undertaken, nor a determination issued, for three years as
5 otherwise provided in paragraph (2).
6 Section 6. Appropriation.
7 The General Assembly shall appropriate funds sufficient for
8 the purposes of this act.
9 Section 7. Effective date.
10 This act shall take effect in 60 days.
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