THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE RESOLUTION

INTRODUCED BY O'NEILL, FARRY, GRELL, GROVE, HARKINS, HESS, HORNAMAN, KAVULICH, KORTZ, MILNE, MURT, SCAVELLO, STABACK, STERN, STEVENSON AND VULAKOVICH, FEBRUARY 28, 2011

REFERRED TO COMMITTEE ON RULES, FEBRUARY 28, 2011  

A RESOLUTION

Directing the State Government Committee of the House of

Representatives to conduct a comprehensive study and review

of the compensation provisions of the Constitution of

Pennsylvania and to make recommendations.

WHEREAS, The Constitution of Pennsylvania contains several

sections pertaining to the process through which compensation is

to be dispensed to public officers, including, but not limited

to:

Article II, section 8, providing for the compensation of the

members of the General Assembly;

Article III, section 26, providing for the retirement

allowances and pensions of members of the General Assembly;

Article III, section 27, prohibiting the term extension of

any public officer or the increase or decrease in his salary

after his election or appointment;

Article V, section 16, providing for the compensation of

justices, judges and justices of the peace;

Schedule No. 1, section 17, providing that the General

Assembly shall fix and determine the compensation of judges;

Schedule No. 1, section 29, providing for the compensation of

all State, county, city, ward, borough and township officers;

and

WHEREAS, Due to constitutional issues raised after the

passage of the act of July 7, 2005 (P.L.201, No.44), entitled

"An act amending Titles 42 (Judiciary and Judicial Procedure),

46 (Legislature) and 71 (State Government) of the Pennsylvania

Consolidated Statutes, providing for compensation; and making an

inconsistent repeal," it is necessary for the General Assembly

to fully examine these sections of the Constitution of

Pennsylvania as to their content and meaning; therefore be it

RESOLVED, That the State Government Committee of the House of

Representatives be directed to conduct a comprehensive study and

review of the Constitution of Pennsylvania relating to the

compensation provisions identified in this resolution, including

any related judicial decisions not so identified; and be it

further

RESOLVED, That the committee hold public hearings on this

issue and determine whether or not constitutional amendments are

needed to clarify these sections; and be it further

RESOLVED, That the committee report its findings and

recommendations to the House of Representatives no later than

six months after the adoption of this resolution.