PRINTER'S NO. 2888
No. 2050 Session of 2007
INTRODUCED BY KING AND GALLOWAY, NOVEMBER 21, 2007
REFERRED TO COMMITTEE ON STATE GOVERNMENT, NOVEMBER 21, 2007
AN ACT
1 Amending Title 46 (Legislature) of the Pennsylvania Consolidated
2 Statutes, establishing the Legislative Compensation Citizens
3 Advisory Commission; and providing for compensation of
4 legislators.
5 The General Assembly of the Commonwealth of Pennsylvania
6 hereby enacts as follows:
7 Section 1. Title 46 of the Pennsylvania Consolidated
8 Statutes is amended by adding a chapter to read:
9 CHAPTER 11A
10 COMPENSATION
11 Sec.
12 11A01. Short title of chapter.
13 11A02. Definitions.
14 11A03. Establishment of commission.
15 11A04. Purpose of commission.
16 11A05. Members of commission.
17 11A06. Powers and duties.
18 11A07. Public nature of review.
19 11A08. Effect of commission recommendation.
1 Section 11A01. Short title of chapter.
2 This chapter shall be known and may be cited as the
3 Legislative Compensation Citizens Advisory Commission Act.
4 Section 11A02. Definitions.
5 The following words and phrases when used in this chapter
6 shall have the meanings given to them in this section unless the
7 context clearly indicates otherwise:
8 "Commission." The Legislative Compensation Citizens Advisory
9 Commission established under this chapter.
10 Section 11A03. Establishment of commission.
11 The Legislative Compensation Citizens Advisory Commission is
12 established.
13 Section 11A04. Purpose of commission.
14 The commission shall review all compensation and benefits
15 that accrue to elected members of the Senate and the House of
16 Representatives. The commission shall conduct its review as an
17 independent body and may hold hearings and receive testimony and
18 sworn statements. It may also conduct random audits. The
19 commission shall conduct its review biennially and make
20 recommendations to the General Assembly for increases and
21 decreases in compensation payments by May 1 of each even-
22 numbered year, in order that potential legislation relating to
23 compensation of legislators may be considered and passed in
24 accordance with section 8 of Article II of the Constitution of
25 Pennsylvania.
26 Section 11A05. Members of commission.
27 (a) Appointment.--The Governor shall appoint the members of
28 the commission.
29 (b) Membership.--Seven citizens shall serve on the
30 commission and shall represent:
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1 (1) The general public.
2 (2) Business entities conducting business in this
3 Commonwealth.
4 (3) Nonprofit organizations that serve residents of this
5 Commonwealth.
6 (4) Organized and recognized labor unions.
7 (c) Terms.--Each member of the commission shall serve for
8 six years, except for the initial appointments to the
9 commission. Initially, the Governor shall appoint three members
10 to serve for three years and four members to serve for six
11 years, and, thereafter, each appointee shall serve a full six-
12 year term. If a vacancy occurs, the person appointed to fill the
13 vacancy may serve the unexpired portion of the term.
14 (d) Chairperson.--The Governor shall annually select one
15 commissioner to serve as chairperson.
16 (e) Compensation.--Commissioners may not receive a salary
17 but may be reimbursed by the State Treasurer for necessary and
18 actual expenses incurred in the performance of their duties.
19 Section 11A06. Powers and duties.
20 (a) Elements for review.--The commission shall review annual
21 compensation to legislators and make biennial recommendations to
22 the General Assembly for adjustments to compensation. Specific
23 elements it shall consider are:
24 (1) Salary.
25 (2) Per diem.
26 (3) Car allowance.
27 (4) Health care benefits.
28 (5) Pension.
29 (b) Scope of review.--The commission shall review each
30 compensation element separately and in the aggregate in order to
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1 review the cost of each individual element as well as the cost
2 of compensation in its totality.
3 (c) Determining factors.--The commission shall weigh what
4 level of compensation is necessary to attract highly qualified,
5 informed persons to run for service in the General Assembly
6 against the goal of wise and prudent use of taxpayer resources.
7 Section 11A07. Public nature of review.
8 (a) Openness.--At all times, the work of the commission
9 shall be open to the public under 65 Pa.C.S. Ch. 7 (relating to
10 open meetings), both to inform the public of the commission's
11 progress and to elicit public comment.
12 (b) Pennsylvania Bulletin.--The commission shall publish its
13 proposed and final recommendations biennially in the
14 Pennsylvania Bulletin.
15 Section 11A08. Effect of commission recommendation.
16 (a) Legislative response.--The General Assembly shall do one
17 of the following with the commission's recommendation:
18 (1) Within 60 days of the recommendation, the General
19 Assembly may reject, increase or decrease the recommendation,
20 in whole or in part, by a concurrent resolution.
21 (2) The General Assembly may allow the 60 days to pass
22 without taking action, in which case, subject to the results
23 of the referendum required under subsection (b), the
24 commission's recommendation shall take effect.
25 (b) Referendum.--
26 (1) A recommendation by the commission shall become a
27 referendum in the general election unless, within 60 days
28 following the date of submission, the General Assembly by
29 concurrent resolution rejects the recommendation.
30 (2) The Secretary of State shall submit any change in
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1 the salary or emoluments of members of the General Assembly,
2 whether by commission recommendation or by legislative
3 action, to the voters for referendum in the general election
4 in the year of the commission's recommendation or legislative
5 action.
6 (3) If approved by a majority of votes, the referendum
7 shall take effect and have the force and effect of law at the
8 beginning of the first pay period of the newly elected
9 General Assembly.
10 (4) If disapproved by a majority of votes, the
11 referendum fails, and the commission may submit another
12 recommendation by May 1 of the next even-numbered year.
13 Section 2. This act shall take effect December 31, 2007.
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