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                                                      PRINTER'S NO. 1717

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE BILL

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,
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     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
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     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,
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     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
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     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
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     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.













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