PRINTER'S NO. 723
No. 91 Session of 2007
INTRODUCED BY O'NEILL, BEYER, BOYD, CALTAGIRONE, CAPPELLI,
FAIRCHILD, GIBBONS, GINGRICH, GRELL, HANNA, HENNESSEY, KOTIK,
LEACH, R. MILLER, MURT, SCAVELLO, SOLOBAY, SONNEY AND
SWANGER, MARCH 9, 2007
REFERRED TO COMMITTEE ON STATE GOVERNMENT, MARCH 9, 2007
A RESOLUTION
1 Directing the House State Government Committee to conduct a
2 comprehensive study and review of the compensation provisions
3 of the Constitution of Pennsylvania and to make
4 recommendations.
5 WHEREAS, The Constitution of Pennsylvania contains several
6 sections pertaining to the process through which compensation is
7 to be dispensed to public officers, including, but not limited
8 to:
9 Article II, section 8, providing for the compensation of the
10 members of the General Assembly;
11 Article III, section 26, providing for the retirement
12 allowances and pensions of members of the General Assembly;
13 Article III, section 27, prohibiting the term extension of
14 any public officer or the increase or decrease in his salary
15 after his election or appointment;
16 Article V, section 16, providing for the compensation of
17 justices, judges and justices of the peace;
18 Schedule No. 1, section 17, providing that the General
1 Assembly shall fix and determine the compensation of judges;
2 Schedule No. 1, section 29, providing for the compensation of
3 all State, county, city, ward, borough and township officers;
4 and
5 WHEREAS, Due to constitutional issues raised after the
6 passage of the act of July 7, 2005 (P.L.201, No.44), entitled
7 "An act amending Titles 42 (Judiciary and Judicial Procedure),
8 46 (Legislature) and 71 (State Government) of the Pennsylvania
9 Consolidated Statutes, providing for compensation; and making an
10 inconsistent repeal," it is necessary for the General Assembly
11 to fully examine these sections of the Constitution of
12 Pennsylvania as to their content and meaning; therefore be it
13 RESOLVED, That the House State Government Committee be
14 directed to conduct a comprehensive study and review of the
15 Constitution of Pennsylvania relating to the compensation
16 provisions identified in this resolution, including any related
17 judicial decisions not so identified; and be it further
18 RESOLVED, That the committee hold public hearings on this
19 issue and determine whether or not constitutional amendments are
20 needed to clarify these sections; and be it further
21 RESOLVED, That the committee report its findings and
22 recommendations to the House no later than six months after the
23 adoption of this resolution.
A9L82MSP/20070H0091R0723 - 2 -