THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

INTRODUCED BY GIBBONS, BELFANTI, BRENNAN, CALTAGIRONE, JOSEPHS, McGEEHAN, SIPTROTH, STURLA AND J. TAYLOR, MAY 29, 2009

REFERRED TO COMMITTEE ON LABOR RELATIONS, MAY 29, 2009  

AN ACT

Amending the act of January 17, 1968 (P.L.11, No.5), entitled

"An act establishing a fixed minimum wage and overtime rates

for employes, with certain exceptions; providing for minimum

rates for learners and apprentices; creating a Minimum Wage

Advisory Board and defining its powers and duties; conferring

powers and imposing duties upon the Department of Labor and

Industry; imposing duties on employers; and providing

penalties," providing for referendum on annual cost-of-living

increase in minimum wage.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  The act of January 17, 1968 (P.L.11, No.5), known

as The Minimum Wage Act of 1968, is amended by adding a section

to read:

Section 5.2.  Referendum Authorized.--(a)  A Statewide

referendum shall be held to authorize an annual cost-of-living

increase for employees who are paid the minimum wage.

(b)  The Secretary of the Commonwealth shall submit the

referendum to the qualified electors of this Commonwealth at the

general election of 2010, in accordance with the procedures of

the act of June 3, 1937 (P.L.1333, No.320), known as the

"Pennsylvania Election Code."

(c)  The referendum question shall be in the following form:

Shall the minimum wage paid in Pennsylvania be increased

each January 1 by applying the percentage change in the

Consumer Price Index for All Urban Consumers (CPI-U) for

Pennsylvania, New Jersey, Delaware and Maryland for the

most recent year reported sixty days prior to the date of

the wage adjustment, as reported by the United States

Department of Labor's Bureau of Labor Statistics?

(d)  The Department of State shall draft a nonlegal

interpretative statement that shall accompany the referendum

question in accordance with section 201.1 of the "Pennsylvania

Election Code."

(e)  The Secretary of the Commonwealth shall certify the

results of the referendum in accordance with the "Pennsylvania

Election Code."

(f)  Approval of the referendum required under this section

shall be by a majority vote of the electors voting on the

question.

Section 2.  This act shall take effect immediately.