PRIOR PRINTER'S NO. 1204 PRINTER'S NO. 1435
No. 986 Session of 2007
INTRODUCED BY EICHELBERGER, SCARNATI, FOLMER, RAFFERTY, ORIE, DINNIMAN, GREENLEAF, REGOLA, PIPPY, BOSCOLA, VANCE, WAUGH, D. WHITE, EARLL, PICCOLA, ARMSTRONG, BRUBAKER, COSTA, ROBBINS, BAKER, RHOADES, WONDERLING, WOZNIAK, TOMLINSON AND C. WILLIAMS, JUNE 20, 2007
SENATOR PICCOLA, STATE GOVERNMENT, AS AMENDED, OCTOBER 2, 2007
AN ACT 1 Providing for banning bonuses provided to Commonwealth employees <-- 2 that are granted outside of standard payroll procedures. 3 EMPLOYEES OF COMMONWEALTH AGENCIES. <-- 4 The General Assembly of the Commonwealth of Pennsylvania 5 hereby enacts as follows: 6 Section 1. Short title. 7 This act shall be known and may be cited as the COMMONWEALTH <-- 8 AGENCY Bonus Ban Act. 9 Section 2. Definitions. 10 The following words and phrases when used in this act shall 11 have the meanings given to them in this section unless the 12 context clearly indicates otherwise: 13 "Bonus." Any monetary compensation given to an employee 14 above and beyond the employee's annual salary. The term does not 15 include reimbursement for mileage and expenses for official 16 business. 17 "Government entity." The term includes the General Assembly, <--
1 the Pennsylvania Higher Education Assistance Agency, the courts 2 of common pleas, the Commonwealth Court, the Superior Court, the 3 Supreme Court, the Governor's Office and all departments and 4 agencies under the control of the Governor's Office. 5 "Payroll procedures." Any procedure established in writing 6 within a government entity to govern payroll and salary 7 compensation. 8 Section 3. Payroll procedure. 9 All government entities must establish a written procedure 10 detailing the criteria which merits the dispensation of a bonus, 11 including the amount permitted to be dispensed. 12 Section 4. Bonus ban. 13 All government entities shall not dispense a bonus outside of 14 their established payroll procedures. 15 Section 5. Penalty. 16 Employees of government entities receiving compensation 17 outside of their established payroll procedures shall reimburse 18 their employer for the full amount of the bonus. 19 "COMMONWEALTH AGENCY." ANY OF THE FOLLOWING: <-- 20 (1) THE GOVERNOR, LIEUTENANT GOVERNOR, ATTORNEY GENERAL, 21 AUDITOR GENERAL, STATE TREASURER AND THE DEPARTMENTS, 22 OFFICES, BOARDS, AUTHORITIES, COMMISSIONS AND OTHER AGENCIES 23 OF THE EXECUTIVE BRANCH OF THE GOVERNMENT OF THIS 24 COMMONWEALTH, WHETHER OR NOT SUBJECT TO THE SUPERVISION AND 25 CONTROL OF THE GOVERNOR. 26 (2) THE LEGISLATIVE BRANCH OF THE GOVERNMENT OF THIS 27 COMMONWEALTH. 28 (3) ANY COURT AND ANY OFFICE OF THE UNIFIED JUDICIAL 29 SYSTEM OF THIS COMMONWEALTH. 30 SECTION 3. BONUS BAN. 20070S0986B1435 - 2 -
1 NO COMMONWEALTH AGENCY MAY PAY A BONUS TO ANY OF ITS 2 EMPLOYEES. 3 SECTION 4. PENALTIES. 4 (A) REIMBURSEMENT.--EMPLOYEES OF COMMONWEALTH AGENCIES WHO 5 ARE PAID A BONUS AFTER THE EFFECTIVE DATE OF THIS SECTION SHALL 6 REIMBURSE THEIR EMPLOYER FOR THE FULL AMOUNT OF THE BONUS. 7 (B) PENALTY.--AN INDIVIDUAL WHO INTENTIONALLY APPROVES OR 8 AUTHORIZES A BONUS PROHIBITED BY THIS ACT COMMITS A MISDEMEANOR 9 OF THE THIRD DEGREE. 10 Section 6 5. Effective date. <-- 11 This act shall take effect in 60 30 days. <-- F18L71JKL/20070S0986B1435 - 3 -