SENATE AMENDED
PRIOR PRINTER'S NOS. 2566, 2659, 2829 PRINTER'S NO. 3319
No. 2002 Session of 1975
INTRODUCED BY MESSRS. BERSON, MANDERINO, WOJDAK, IRVIS,
PRENDERGAST, CAPUTO, RYAN, BEREN, GLEASON, MRS. WHITTLESEY,
W. D. HUTCHINSON, FISHER, POLITE, MRS. FAWCETT,
MESSRS. SPENCER, HEPFORD, FINEMAN, SCHEAFFER AND WAGNER,
NOVEMBER 25, 1975
SENATOR CIANFRANI, APPROPRIATIONS, IN SENATE, AS AMENDED,
JUNE 1, 1976
AN ACT
1 Amending the act of June 1, 1956 (P.L.1959, No.657), entitled,
2 as amended, "An act fixing the salaries and compensation of
3 the Chief Justice and judges of the Supreme Court, the
4 President Judge and judges of the Superior Court, the judges
5 of the courts of common pleas, the judges of the orphans'
6 courts, the judges of the County Court of Philadelphia and
7 the judges of the County Court and Juvenile Court of
8 Allegheny County, certain associate judges not learned in the
9 law, certain state officers, and the salary and expenses of
10 the members of the General Assembly, and repealing certain
11 inconsistent acts," further providing for the salaries of
12 justices and judges of the various courts, AND CREATING THE <--
13 COMMONWEALTH COMPENSATION COMMISSION AND PRESCRIBING ITS
14 POWERS AND DUTIES.
15 The General Assembly of the Commonwealth of Pennsylvania
16 hereby enacts as follows:
17 Section 1. Sections 2 and 3, act of June 1, 1956 (P.L.1959,
18 No.657), entitled, as amended, "An act fixing the salaries and
19 compensation of the Chief Justice and judges of the Supreme
20 Court, the President Judge and judges of the Superior Court, the
21 judges of the courts of common pleas, the judges of the orphans'
1 courts, the judges of the County Court of Philadelphia and the
2 judges of the County Court and Juvenile Court of Allegheny
3 County, certain associate judges not learned in the law, certain
4 state officers, and the salary and expenses of the members of
5 the General Assembly, and repealing certain inconsistent acts,"
6 amended January 26, 1966 (1965 P.L.1602, No.565) and by the
7 November 1972 report of the Commonwealth Compensation
8 Commission, are amended to read:
9 Section 2. The annual salary of the Chief Justice of the
10 Supreme Court shall be [$52,500] $57,500, and the annual salary
11 of each of the associate judges of the Supreme Court shall be
12 [$50,000] $55,000.
13 Section 3. The annual salary of the President Judge of the
14 Superior Court shall be [$49,500] $54,500 and the annual salary
15 of each of the associate judges of the Superior Court shall be
16 [$48,000] $53,000.
17 Section 2. The act is amended by adding a section to read:
18 Section 3.1. The annual salary of the President Judge of the
19 Commonwealth Court shall be $54,500. The annual salary of each
20 of the associate judges of the Commonwealth Court shall be
21 $53,000.
22 Section 3. Section 4 of the act, amended January 26, 1966
23 (1965 P.L.1602, No.565) and by the November 1972 report of the
24 Commonwealth Compensation Commission is amended to read:
25 Section 4. (a) The annual salary of a president judge of a
26 court of common pleas shall be fixed in accordance with the
27 following schedule:
28 (1) Allegheny County....................[$42,000] $47,000
29 (2) Philadelphia........................[ 42,500] 47,500
30 (3) Dauphin County......................[ 41,000] 46,000
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1 (4) Judicial Districts having six more
2 judges and a population in excess
3 of one hundred fifty thousand.......[ 41,000] 46,000
4 (5) Judicial Districts having three to
5 five judges.........................[ 40,500] 45,500
6 (6) Judicial Districts having one or two
7 judges..............................[ 40,000] 45,000
8 (7) Administrative Judges of the Divisions
9 of Common Pleas Court:
10 (i) Philadelphia, divisions of six
11 or more judges.................[ 41,000] 46,000
12 (ii) Philadelphia, divisions of
13 five or less judges............[ 40,500] 45,500
14 (8) President Judges of Divisions of
15 Common Pleas Court of Allegheny County:
16 (i) Divisions of six or more
17 judges.........................[ 41,000] 46,000
18 (ii) Divisions of five or less
19 judges.........................[ 40,500] 45,500
20 (b) The associate judges of the courts of common pleas shall
21 be paid an annual salary of [$40,000] $45,000.
22 Section 4. The act is amended by adding sections to read:
23 Section 4.1. The President Judge of the Philadelphia
24 Municipal Court shall receive an annual salary of forty-one
25 thousand five hundred dollars ($41,500). The annual salary of
26 associate judges of the Philadelphia Municipal Court shall be
27 forty thousand dollars ($40,000) for members of the bar and
28 twenty-one thousand dollars ($21,000) for judges who are not
29 members of the bar.
30 Section 4.2. The annual salary of the President Judge of the
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1 Philadelphia Traffic Court shall be twenty-two thousand dollars
2 ($22,000). The annual salary of associate judges of the
3 Philadelphia Traffic Court shall be twenty-one thousand dollars
4 ($21,000).
5 Section 5. Sections 5, 7, 8 and 9 of the act are repealed.
6 SECTION 6. THE ACT IS AMENDED BY ADDING A SECTION TO READ: <--
7 SECTION 14.2. (A) THERE IS HEREBY ESTABLISHED AN INDEPENDENT
8 COMMISSION TO BE KNOWN AS THE "COMMONWEALTH COMPENSATION
9 COMMISSION," HEREINAFTER REFERRED TO AS THE "COMMISSION,"
10 CONSISTING OF THREE MEMBERS, ONE OF WHOM SHALL BE APPOINTED BY
11 THE GOVERNOR, ONE BY THE PRESIDENT PRO TEMPORE OF THE SENATE AND
12 ONE BY THE SPEAKER OF THE HOUSE OF REPRESENTATIVES. THEY SHALL
13 BE PRIVATE CITIZENS, AND SHALL NOT BE ELIGIBLE FOR ELECTION OR
14 APPOINTMENT TO PUBLIC OFFICE DURING THE CONTINUANCE OF THEIR
15 TERMS. THE TERMS OF THE PERSONS FIRST APPOINTED SHALL BE FOR THE
16 CALENDAR YEARS 1976 AND 1977. PERSONS THEREAFTER APPOINTED SHALL
17 SERVE FOR A TWO-YEAR TERM, WHICH SHALL COINCIDE WITH THE TWO
18 CALENDAR YEARS COMMENCING WITH THE YEAR IN WHICH THE APPOINTMENT
19 IS MADE.
20 THE COMMISSION SHALL ELECT ONE OF ITS MEMBERS CHAIRMAN AND
21 MEMBERS OF THE COMMISSION SHALL BE REIMBURSED FOR ACTUAL AND
22 NECESSARY EXPENSES INCURRED WHILE PERFORMING THE DUTIES IMPOSED
23 BY THIS ACT. IN ADDITION, MEMBERS OF THE COMMISSION SHALL BE
24 PAID $50 PER DIEM FOR EACH DAY SUCH MEMBER IS ENGAGED UPON WORK
25 OF THE COMMISSION. THE COMMISSION MAY RETAIN AN EXECUTIVE
26 DIRECTOR AND SUCH CLERICAL OR SECRETARIAL PERSONNEL AS IT MAY
27 REQUIRE. THE COSTS AND EXPENSES OF THE COMMISSION SHALL BE PAID
28 OUT OF FUNDS APPROPRIATED TO THE GOVERNOR'S OFFICE, THE
29 PRESIDENT PRO TEMPORE OF THE SENATE AND THE SPEAKER OF THE
30 HOUSE, PRO RATA.
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1 (B) THE COMMISSION SHALL MAKE AN EXHAUSTIVE STUDY OF THE
2 SALARIES, EMOLUMENTS, MILEAGE, PER DIEM, TRAVEL AND OTHER
3 EXPENSE ALLOWANCES AND REIMBURSEMENTS OF THE GOVERNOR, THE
4 LIEUTENANT GOVERNOR, THE CABINET OFFICERS, THE AUDITOR GENERAL
5 AND THE STATE TREASURER, THE JUSTICES AND JUDGES OF THE SUPREME
6 COURT, THE SUPERIOR COURT, THE COMMONWEALTH COURT, THE COURTS OF
7 COMMON PLEAS, THE MUNICIPAL COURT OF PHILADELPHIA AND THE
8 TRAFFIC COURT OF PHILADELPHIA, AND THE OFFICERS AND MEMBERS OF
9 THE GENERAL ASSEMBLY. AS SOON AS IS PRACTICABLE AFTER THE
10 EFFECTIVE DATE OF THIS ACT FOR THE INITIAL REPORT, AND
11 THEREAFTER FOR SUBSEQUENT REPORTS NO LATER THAN 31 DAYS BEFORE
12 THE COMMENCEMENT OF EACH TERM OF THE MEMBERS OF THE GENERAL
13 ASSEMBLY, THE COMMISSION SHALL SUBMIT TO THE GOVERNOR, THE CHIEF
14 JUSTICE, THE PRESIDENT PRO TEMPORE OF THE SENATE AND THE SPEAKER
15 OF THE HOUSE OF REPRESENTATIVES ITS REPORT ESTABLISHING SUCH
16 SALARIES, EMOLUMENTS, MILEAGE, PER DIEM, TRAVEL AND OTHER
17 EXPENSE ALLOWANCES.
18 THE INITIAL REPORT SHALL TAKE EFFECT IMMEDIATELY, UNLESS,
19 WITHIN 30 DAYS FOLLOWING THE DATE OF SUBMISSION THEREOF THE
20 GENERAL ASSEMBLY SHALL, BY CONCURRENT RESOLUTION REJECT THE
21 REPORT, IN WHOLE OR PART, OR ENACTS LEGISLATION AS HEREINAFTER
22 PROVIDED IN THIS SECTION. REPORTS SUBMITTED SUBSEQUENT TO THE
23 INITIAL REPORT SHALL TAKE EFFECT AND HAVE THE FORCE AND EFFECT
24 OF LAW AT THE BEGINNING OF THE FIRST PAY PERIOD OF THE
25 SUBSEQUENT TERM OF THE GENERAL ASSEMBLY OR THE DATE OF
26 ASSUMPTION OF OFFICE OF PERSONS AFFECTED THEREBY AFTER SUCH
27 DATE, UNLESS WITHIN 30 DAYS FOLLOWING THE DATE OF SUBMISSION
28 THEREOF, THE GENERAL ASSEMBLY SHALL, BY CONCURRENT RESOLUTION,
29 REJECT THE SAID REPORT, IN WHOLE OR IN PART, OR UNLESS WITHIN
30 SAID PERIOD THE GENERAL ASSEMBLY SHALL ENACT LEGISLATION WHICH
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1 ESTABLISHES A RATE OF PAY OR ALLOWANCE DIFFERING FROM THAT
2 RECOMMENDED BY SAID REPORT IN WHOLE OR IN PART. THAT PORTION OF
3 THE REPORT WHICH IS NOT INCONSISTENT WITH THE RESOLUTION OR
4 LEGISLATION SO ADOPTED SHALL HAVE THE FORCE AND EFFECT OF LAW AS
5 HEREIN PROVIDED.
6 Section 6. 7. The following acts, parts of acts and report <--
7 are repealed:
8 (1) Section 2, act of October 17, 1969 (P.L.259, No.105),
9 entitled "An act relating to the Philadelphia Municipal Court."
10 (2) Section 3, act of October 17, 1969 (P.L.263, No.106),
11 entitled "An act providing for the Traffic Court of
12 Philadelphia."
13 (3) Section 5, act of January 6, 1970 (1969 P.L.434,
14 No.185), known as "The Commonwealth Court Act."
15 (4) The November 1972 report of the Commonwealth
16 Compensation Commission is repealed as to the compensation of
17 justices and judges of the various courts.
18 Section 7. 8. This SECTION 6 OF THIS ACT SHALL TAKE EFFECT <--
19 IMMEDIATELY AND SHALL BE APPLICABLE TO EACH OFFICER WHEN
20 PERMITTED BY THE CONSTITUTION OF THE COMMONWEALTH OF
21 PENNSYLVANIA; THE REMAINDER OF THIS act shall take effect July
22 1, 1976.
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