PRINTER'S NO. 1717
No. 1365 Session of 2007
INTRODUCED BY PERRY, BROOKS, CAPPELLI, CREIGHTON, GINGRICH, MUSTIO, ROAE, SAYLOR, SCAVELLO, CUTLER, MELIO AND MACKERETH, MAY 29, 2007
REFERRED TO COMMITTEE ON STATE GOVERNMENT, MAY 29, 2007
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," providing for commission on salaries and benefits for 12 elected officials and duties of commission. 13 The General Assembly of the Commonwealth of Pennsylvania 14 hereby enacts as follows: 15 Section 1. The act of September 30, 1983 (P.L.160, No.39), 16 known as the Public Official Compensation Law, is amended by 17 adding sections to read: 18 Section 4.1. Commission on Salaries and Benefits for Elected 19 Officials. 20 (a) Establishment.--There is established a commission to be 21 known as the Commission on Salaries and Benefits for Elected 22 Officials. The commission shall consist of members chosen at
1 random from the voter rolls of each congressional district. 2 (b) Composition.--The commission members shall be selected 3 by lot by the Secretary of State from among those registered 4 voters eligible to vote at the time persons are selected for 5 appointment to full terms on the commission under subsection 6 (d). One member shall be selected from each congressional 7 district to serve on the commission. Another person shall be 8 selected to serve as an alternate. The secretary shall establish 9 policies and procedures for conducting the selection by lot. 10 (c) Policies and procedures.--The policies and procedures 11 shall include, but not be limited to, notifying persons selected 12 and for providing a new selection from a congressional district 13 if a person selected from the district declines appointment to 14 the commission or if, following the person's appointment, the 15 person's position on the commission becomes vacant before the 16 end of the person's term of office. 17 (d) Terms.--All members shall serve four-year terms. 18 (e) Term limits and removal.--No person may be appointed to 19 more than two terms. No member of the commission may be removed 20 during his or her term of office unless for cause of incapacity, 21 incompetence, neglect of duty, malfeasance in office or for a 22 disqualifying change of residence. 23 (f) Code of conduct.-- 24 (1) A member of the commission shall: 25 (i) Not engage in any ex parte communication with 26 any public officials, including justices and judges of 27 Statewide courts, judges of courts of common pleas, 28 judges of the Philadelphia Municipal Court, judges of the 29 Philadelphia Traffic Court, district justices, the 30 Governor, the Lieutenant Governor, the State Treasurer, 20070H1365B1717 - 2 -
1 the Auditor General, the Attorney General and other State 2 officers, members of the General Assembly, legislator, 3 judge or other individual whose salary or benefits or a 4 portion thereof is determined by the provisions of this 5 act. 6 (ii) Not engage in any ex parte communication with a 7 person acting on his own behalf or on behalf of an 8 official subject to the provisions of subparagraph (i). 9 (iii) Not solicit funds for any charitable, 10 educational, religious, health, fraternal, civic or other 11 nonprofit entity from a person subject to the provisions 12 of subparagraph (i) or (ii). A commission member may 13 serve as an officer, employee or member of the governing 14 body of a nonprofit entity and may attend, make personal 15 contributions to and plan or preside over the entity's 16 fundraising events. A commission member may permit his 17 name to appear on the letterhead used for fundraising 18 events if the letterhead contains only the commission 19 member's name and position with the nonprofit entity. 20 (iv) Not meet or engage in discussions with an 21 individual subject to the provisions of subparagraph (i) 22 or (ii) unless the meeting or discussion occurs on the 23 business premises of the commission and is recorded in a 24 log maintained for this purpose. The log shall be 25 available for public inspection during the regular 26 business hours of the commission. 27 (v) Avoid impropriety and the appearance of 28 impropriety at all times and observe standards and 29 conduct that promote public confidence in the oversight 30 of salary or benefit increases and decreases for public 20070H1365B1717 - 3 -
1 officials employed in this Commonwealth. 2 (2) As used in this subsection, the following words and 3 phrases shall have the meanings given to them in this 4 paragraph: 5 "Member." An individual appointed to and sworn in as a 6 member of the commission in accordance with section 4.1(a). 7 "Person." Any natural person, corporation, foundation, 8 organization, business trust, estate, limited liability 9 company, licensed corporation, trust, partnership, limited 10 liability partnership, association or any other form of legal 11 business entity. 12 (g) Absences.--The unexcused absence of any person who is a 13 member of the commission from two consecutive meetings of the 14 commission shall constitute the relinquishment of that person's 15 membership on the commission. Such a relinquishment creates a 16 vacancy in that person's position on the commission. A member's 17 absence may be excused by the chair of the commission upon the 18 member's written request if the chair believes there is just 19 cause for the absence. Such a request must be received by the 20 chair before the meeting for which the absence is to be excused. 21 A member's absence from a meeting of the commission may also be 22 excused during the meeting for which the member is absent by the 23 affirmative vote of a majority of the members of the commission 24 present at the meeting. 25 (h) Eligibility.--No State official, public employee, 26 lobbyist or immediate family member of the official, employee or 27 lobbyist, subject to the registration requirements of 65 Pa.C.S. 28 Ch. 13A (relating to lobbying disclosure) is eligible for 29 membership on the commission. As used in this subsection, the 30 phrase "immediate family" means the parents, spouse, siblings, 20070H1365B1717 - 4 -
1 children or dependent relative of the official, employee or 2 lobbyist whether or not living in the household of the official, 3 employee or lobbyist. 4 (i) Alternates.--The candidate chosen from the voter rolls 5 not serving on the commission shall serve as an alternate. The 6 alternate shall succeed a commission member vacating his 7 position. Once an alternate begins serving on the commission, 8 the Secretary of State shall initiate the procedure to randomly 9 select another person to serve as an alternate. 10 (j) Definition.--As used in this section, the term "benefit" 11 shall include, but not be limited to, compensation including 12 pension, health care and per diems. 13 Section 4.2. Duties of Commission on Salaries and Benefits for 14 Elected Officials. 15 (a) Salary study.--The Commission on Salaries and Benefits 16 for Elected Officials established in section 4.1 shall study the 17 relationship of salaries to the duties of members of the General 18 Assembly, all elected officials of the executive branch of State 19 government and all judges of the Supreme Court, court of 20 appeals, superior courts and district courts and shall fix the 21 salary for each respective position. 22 (b) Organization and operation.--Except as provided 23 otherwise by this section and section 4.1, the commission shall 24 be solely responsible for its own organization, operation and 25 action and shall enjoy the fullest cooperation of all State 26 officials, departments and agencies. 27 (c) Prohibition.--The commission shall not reduce salaries 28 or benefits during terms of office. 29 (d) Compensation of members.--Members of the commission 30 shall receive no compensation for their services, but shall be 20070H1365B1717 - 5 -
1 eligible to receive a subsistence allowance and travel expenses. 2 (e) Selection of chair.--The members of the commission shall 3 elect a chair from among their number. 4 (f) Salary and benefits schedule and voting.--The commission 5 shall set a schedule of salaries and benefits by an affirmative 6 vote of not less than 11 members of the commission. 7 (g) Filing of initial schedule.--The commission shall file 8 its initial schedule of salaries and benefits for the elected 9 officials with the Secretary of State no later than the first 10 Monday in June, 2008, and shall file a schedule biennially 11 thereafter. Each schedule shall be filed in legislative bill 12 form, shall be assigned a chapter number and published with the 13 session laws of the General Assembly. The signature of the chair 14 of the commission shall be affixed to each schedule submitted to 15 the Secretary of State. The chair shall certify that the 16 schedule has been adopted in accordance with the provisions of 17 State law and with the rules, if any, of the commission. The 18 schedules shall become effective 60 days after the filing. 19 (h) Meetings.--Before the filing of any salary and benefits 20 schedule, the commission shall first develop a proposed salary 21 and benefits schedule and then hold no fewer than four meetings 22 to take public testimony on the proposed schedule within the 23 four months immediately preceding the filing. At the last public 24 hearing that is held as a regular meeting on the proposed 25 schedule, the commission shall adopt the originally proposed or 26 amended salary and benefits schedule, which will be filed with 27 the Secretary of State. All meetings, actions, hearings and 28 business of the commission shall be subject to 65 Pa.C.S. Ch. 7 29 (relating to open meetings). 30 (i) Current salaries and benefits.--Salaries, benefits, and 20070H1365B1717 - 6 -
1 cost-of-living increases of the officials referred to in 2 subsection (a) shall continue until modified by the commission 3 under this section. 4 (j) Increases and decreases.--In fixing salaries or 5 benefits, a majority of the commission must vote in the 6 affirmative for the increase or decrease. The commission shall 7 not increase or reduce salaries or benefits by more than 10%. 8 (k) Definition.--As used in this section, the term "benefit" 9 shall include, but not be limited to, compensation including 10 pension, health care and per diems. 11 Section 2. This act shall take effect in 60 days. D27L71JKL/20070H1365B1717 - 7 -