SENATE AMENDED
        PRIOR PRINTER'S NOS. 974, 1304, 1357,         PRINTER'S NO. 3496
        2024, 2053, 2078, 2246

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE BILL

No. 856 Session of 1975


        INTRODUCED BY MESSRS. FINEMAN, IRVIS, WARGO, McCALL, SCHWEDER,
           COWELL, WANSACZ, McLANE, RAPPAPORT, PRENDERGAST, LaMARCA,
           DOYLE, STAPLETON, GILLESPIE, BERSON, O'DONNELL, GARZIA,
           WOJDAK, SHANE, ZEARFOSS, D. S. HAYES, HOPKINS, KNEPPER, M. E.
           MILLER, DeMEDIO, MEBUS, MENHORN, MRS. TOLL AND MESSR. COHEN,
           MARCH 19, 1975

        SENATOR NOSZKA, APPROPRIATIONS, IN SENATE, RE-REPORTED AS
           AMENDED, JUNE 15, 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," making a change relating to time of
    12     payment, providing a procedure for changing mileage. and       <--
    13     conforming language to the reports of the Commonwealth
    14     Compensation Commission, AND FURTHER PROVIDING FOR             <--
    15     ACCOUNTABLE EXPENSES OF MEMBERS AND PROVIDING FOR COST-OF-
    16     LIVING ALLOWANCES.

    17     The General Assembly of the Commonwealth of Pennsylvania
    18  hereby enacts as follows:
    19     Section 1.  Section 14, act of June 1, 1956 (P.L.1959,
    20  No.657), entitled, as amended, "An act fixing the salaries and
    21  compensation of the Chief Justice and judges of the Supreme


     1  Court, the President Judge and judges of the Superior Court, the
     2  judges of the courts of common pleas, the judges of the orphans'
     3  courts, the judges of the County Court of Philadelphia and the
     4  judges of the County Court and Juvenile Court of Allegheny
     5  County, certain associate judges not learned in the law, certain
     6  state officers, and the salary and expenses of the members of
     7  the General Assembly, and repealing certain inconsistent acts,"
     8  amended June 16, 1971 (P.L.157, No.8), is amended to read:
     9     Section 14.  The salary of the members of the General
    10  Assembly shall be [seven thousand two hundred dollars ($7,200)]
    11  fifteen thousand six hundred dollars ($15,600) per annum and PER  <--
    12  MILE CIRCULAR mileage to and from their homes [at the rate of     <--
    13  [ten cents (10¢)] twelve cents (12¢) FIFTEEN CENTS (15¢) per      <--
    14  mile circular] BASED ON THE RATE ESTABLISHED BY RULES AND         <--
    15  REGULATIONS OF THE UNITED STATES INTERNAL REVENUE SERVICE, for
    16  each week a member was in actual attendance at the session,
    17  between their homes and the State capitol, and no other
    18  compensation shall be allowed whatsoever, except each member of
    19  the General Assembly shall receive an ACCOUNTABLE allowance for   <--
    20  clerical assistance and other expenses incurred during his term
    21  in connection with the duties of his office, in the sum of
    22  [eight thousand four hundred dollars ($8,400),] five thousand     <--
    23  dollars ($5,000), SEVEN THOUSAND FIVE HUNDRED DOLLARS ($7,500),   <--
    24  annually; the salary and expenses to be payable in [equal]        <--
    25  monthly installments on the first of the month [with the
    26  exception that the installment due December first of each even
    27  year shall be added to and payable with the installment due
    28  January first of the following year].
    29     The Rules Committees of the House of Representatives and the   <--
    30  Senate shall study the mileage payments to be made to members of
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     1  the General Assembly. The committees shall make a joint report
     2  to the General Assembly establishing the rate of mileage. The
     3  report shall take effect on the date submitted to the General
     4  Assembly, unless within sixty calendar days excluding an
     5  adjournment or recess of ten days or more following the date of
     6  submission, the General Assembly shall, by concurrent
     7  resolution, reject the report, in whole or part. The change in
     8  mileage established in the report and not rejected by the
     9  General Assembly shall apply to members assuming office or whose
    10  term begins after the effective date of the report.
    11     SECTION 2.  THE ACT IS AMENDED BY ADDING A SECTION TO READ:    <--
    12     SECTION 14.2.  (A) ALL JUSTICES, JUDGES AND MEMBERS OF THE
    13  GENERAL ASSEMBLY OF THE COMMONWEALTH SHALL BE ENTITLED TO
    14  RECEIVE, A COST-OF-LIVING ALLOWANCE AS PROVIDED IN THIS SECTION.
    15  THE AMOUNT OF THE COST-OF-LIVING ALLOWANCE SHALL BE DETERMINED
    16  ON THE BASIS OF THE "CONSUMER PRICE INDEX FOR URBAN WAGE EARNERS
    17  AND CLERICAL WORKERS (ALL ITEMS) PUBLISHED BY THE BUREAU OF
    18  LABOR STATISTICS, U.S. DEPARTMENT OF LABOR (1957-1959 = 100),"
    19  HEREINAFTER REFERRED TO AS THE "INDEX." NO ADJUSTMENT,
    20  RETROACTIVE OR OTHERWISE, SHALL BE MADE IN THE AMOUNT OF THE
    21  COST-OF-LIVING ALLOWANCE DUE TO ANY REVISION WHICH LATER MAY BE
    22  MADE IN THE PUBLISHED FIGURES FOR ANY MONTH ON THE BASIS OF
    23  WHICH A COST-OF-LIVING ALLOWANCE HAS BEEN DETERMINED.
    24     (B)  FOR THE PURPOSES OF DETERMINING THE COST-OF-LIVING
    25  ALLOWANCE THE BASE RATE OF COMPENSATION OF EACH JUSTICE, JUDGE
    26  OR MEMBER OF THE GENERAL ASSEMBLY SHALL BE THE SALARY PROVIDED
    27  BY LAW FOR SUCH OFFICE ON JANUARY 1, 1975. THE STATE TREASURER
    28  SHALL AS SOON AS AVAILABLE DETERMINE AND PUBLISH IN THE
    29  PENNSYLVANIA BULLETIN THE INDEX FIGURE FOR DECEMBER 1974,
    30  HEREINAFTER REFERRED TO AS THE INDEX RATIO AND ANNUALLY
    19750H0856B3496                  - 3 -

     1  THEREAFTER SHALL DETERMINE AND PUBLISH AS SOON AS AVAILABLE THE
     2  INDEX FIGURE FOR EACH SUCCEEDING DECEMBER. EFFECTIVE WITH THE
     3  FIRST PAY PERIOD BEGINNING MORE THAN THIRTY DAYS AFTER SUCH
     4  PUBLICATION AND CONTINUING UNTIL THE NEXT ANNUAL READJUSTMENT
     5  UNDER THIS ACT EACH JUSTICE, JUDGE OR MEMBER OF THE GENERAL
     6  ASSEMBLY SHALL RECEIVE THE SALARY PAYABLE TO SUCH OFFICER A
     7  COST-OF-LIVING ALLOWANCE EQUAL TO (I) THE PRODUCT OF THE BASE
     8  RATE FOR SUCH OFFICE TIMES THE CURRENT INDEX RATIO, LESS (II)
     9  THE BASE RATE FOR SUCH OFFICE. SUCH COST-OF-LIVING ALLOWANCE
    10  SHALL NOT EXCEED TEN PER CENT (10%) OF THE CURRENT SALARY IN ANY
    11  YEAR, EVEN THOUGH THE CURRENT INDEX RATIO MAY EXCEED THAT
    12  AMOUNT.
    13     (C)  THE COST-OF-LIVING ALLOWANCES PAYABLE UNDER THIS SECTION
    14  ARE HEREBY FOUND AND DETERMINED TO BE ADJUSTMENTS IN
    15  COMPENSATION RATES NECESSARY TO MAINTAIN PREVIOUSLY ESTABLISHED
    16  COMPENSATION LEVELS UNCHANGED IN TERMS OF REAL PURCHASING POWER
    17  OR CONSTANT VALUE DOLLARS AND SHALL NOT BE DEEMED TO CONSTITUTE
    18  AN INCREASE IN SALARY OR OTHER COMPENSATION UNDER ANY PROVISION
    19  OF THE CONSTITUTION OF PENNSYLVANIA.
    20     SECTION 2 3 2.  THIS ACT SHALL TAKE EFFECT IMMEDIATELY.        <--







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