PRINTER'S NO. 1466
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
998
Session of
2020
INTRODUCED BY LEACH AND BREWSTER, JANUARY 27, 2020
REFERRED TO LOCAL GOVERNMENT, JANUARY 27, 2020
AN ACT
Amending Titles 8 (Boroughs and Incorporated Towns), 11 (Cities)
and 53 (Municipalities Generally) of the Pennsylvania
Consolidated Statutes, in powers and duties of elected
officials, further providing for organization of council,
quorum, participation by telecommunication device, voting,
compensation and eligibility and for compensation of
auditors; in mayor, further providing for salary of mayor; in
council, further providing for salaries; in mayor, further
providing for salary; providing for municipal salaries; and
making related repeals.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Sections 1001(e), 1053(a) and (b) and 10A04(a) of
Title 8 of the Pennsylvania Consolidated Statutes are amended to
read:
§ 1001. Organization of council, quorum, participation by
telecommunication device, voting, compensation and
eligibility.
* * *
(e) [Compensation.--Members of council may receive
compensation to be fixed by ordinance as follows:
(1) In boroughs with a population of less than 5,000, a
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maximum of $1,875 per year.
(2) In boroughs with a population of 5,000 or more but
less than 10,000, a maximum of $2,500 per year.
(3) In boroughs with a population of 10,000 or more but
less than 15,000, a maximum of $3,250 per year.
(4) In boroughs with a population of 15,000 or more but
less than 25,000, a maximum of $4,125 per year.
(5) In boroughs with a population of 25,000 or more but
less than 35,000, a maximum of $4,375 per year.
(6) In boroughs with a population of 35,000 or more, a
maximum of $5,000 per year.
The salaries shall be payable monthly or quarterly for the
duties imposed by this part. Benefits provided to members of
council under section 1202(26) (relating to specific powers)
shall not be considered pay, salary or compensation, but payment
for all or a part of the premiums or charges for the benefits
shall be in accordance with section 1202(26). Any change in
salary, compensation or emoluments of the elected office shall
become effective at the beginning of the next term of the member
of council.] (Reserved).
* * *
§ 1053. Compensation of auditors.
(a) General compensation.--[Subject to the limitations set
forth in subsection (b), receive $10 per hour for each hour or
portion of an hour necessarily employed in the discharge of the
auditor's duties, to be paid by the borough.
(b) Limits.--No auditor in a borough having a population of
10,000 or less shall be entitled to receive more than $1,000 for
completing the annual audit, settlement and adjustment. No
auditor in a borough having a population in excess of 10,000
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shall be entitled to receive more than $2,000 for completing the
annual audit, settlement and adjustment.] The compensation for
each auditor shall be set by the council.
* * *
§ 10A04. Salary of mayor.
(a) General rule.--The salary of the mayor shall be
established by ordinance. [and shall not exceed the following:
(1) In a borough with a population of less than 5,000, a
maximum of $2,500 per year.
(2) In a borough with a population of 5,000 or more but
less than 10,000, a maximum of $5,000 per year.
(3) In a borough with a population of 10,000 or more but
less than 15,000, a maximum of $7,500 per year.
(4) In a borough with a population in excess of 15,000,
a maximum of $500 per year per 1,000 residents or fraction of
1,000, the population to be determined by the latest official
census figures.]
* * *
Section 2. Sections 11016(c) and 11208(b) of Title 11 are
amended to read:
§ 11016. Salaries.
* * *
(c) [Range.--The salary paid to a council member shall be in
accordance with the following:
(1) Until changed by ordinance, for the term of council
members in newly created cities, each council member may
receive a salary as follows:
(i) Not more than $1,875 per year in cities having a
population of less than 5,000.
(ii) Not more than $2,500 per year in cities having
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a population of 5,000 or more but less than 10,000.
(iii) Not more than $3,250 per year in cities having
a population of 10,000 or more but less than 15,000.
(iv) Not more than $4,125 per year in cities having
a population of 15,000 or more but less than 25,000.
(v) Not more than $4,375 per year in cities having a
population of 25,000 or more but less than 35,000.
(vi) Not more than $5,000 per year in cities having
a population of 35,000 or more.
(2) The compensation to be received by council members
and elected officials in cities other than newly created
cities shall be fixed by ordinance of council finally enacted
at least two days prior to the last day fixed by law for
candidates to withdraw their names from nominating
petitions.] (Reserved).
§ 11208. Salary.
* * *
(b) [Amounts.--Until changed by ordinance, the salary of
mayors in newly created cities shall be as follows:
(1) In cities with a population of less than 5,000, a
maximum of $2,500 per year.
(2) In cities with a population of 5,000 or more but
less than 10,000, a maximum of $5,000 per year.
(3) In cities with a population of 10,000 or more but
less than 15,000, a maximum of $7,500 year.
(4) In cities with a population of more than 15,000, a
maximum of $500 per every thousand residents per year as
determined by the most recent census data provided by the
United States Census Bureau.] (Reserved).
* * *
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Section 3. Title 53 is amended by adding a chapter to read:
CHAPTER 15
SALARIES
Sec.
1501. Scope of chapter.
1502. (Reserved).
1503. Counties in general.
1504. First class counties.
1505. Second class counties.
1506. Third class counties.
1507. Fourth class counties.
1508. Sixth class counties.
1509. First class townships.
1510. Second class townships.
1511. Boroughs and incorporated townships.
1512. First class cities.
1513. Second class cities (Reserved).
1514. Second class A cities.
1515. Third class cities (Reserved).
§ 1501. Scope of chapter.
This chapter authorizes certain municipalities to set the
salaries for certain elected officials.
§ 1502. (Reserved).
§ 1503. Counties in general.
(a) Positions.--The county commissioners in each county of
the second, third, fourth, fifth, sixth, seventh or eighth
classes shall have the authority in their own county to set
salaries for the following offices:
(1) The county commissioners.
(2) Treasurer.
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(3) Controller.
(4) Auditor.
(5) Coroner.
(6) Recorder of deeds.
(7) Prothonotary.
(8) Clerks of the criminal court division of the courts
of common pleas.
(9) Clerks of the orphans' court division of the courts
of common pleas.
(10) Register of wills.
(11) Sheriff.
(12) Jury commissioners.
(13) District attorney.
(b) Multiple offices.--If an individual holds more than one
office under subsection (a), the individual shall receive the
higher salary plus an amount set by the board of commissioners.
(c) Public meetings.--The board of commissioners shall set
the salaries of the positions under subsection (a) in accordance
with the following:
(1) The board shall give notice of intention to fix
salaries at a public meeting on a date certain to be
published in a newspaper of general circulation at least 10
days in advance of the public meeting.
(2) The public meeting shall be held during the hours of
6 p.m. and 9 p.m., prevailing time, so as to afford the
public the greatest opportunity to attend.
(3) The public meeting shall be held in a centrally
located area of the county.
§ 1504. First class counties.
The county commissioners in each county of the first class
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shall have the authority to set salaries for the following
offices when held in the county of the first class:
(1) City commissioners.
(2) Sheriff.
(3) Coroner.
(4) Deputy coroner.
(5) District attorney.
(6) Assistant district attorney.
(7) Detectives.
§ 1505. Second class counties.
The county commissioners in each county of the second class
shall have the authority to set salaries for the following
offices when held in the county of the second class:
(1) Deputy sheriff.
(2) (Reserved).
§ 1506. Third class counties.
The county commissioners in each county of the third class
shall have the authority to set salaries for the following
offices when held in the county of the third class:
(1) Controller.
(2) Deputy sheriff.
(3) Recorder of deeds.
(4) Clerk of courts.
(5) Jury commissioner.
(6) Coroner.
§ 1507. Fourth class counties.
The county commissioners in each county of the fourth class
shall have the authority to set salaries for the following
offices when held in the county of the fourth class:
(1) Coroner.
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(2) (Reserved).
§ 1508. Sixth class counties.
The county commissioners in each county of the sixth class
shall have the authority to set salaries for the following
offices when held in the county of the sixth class:
(1) Jury commissioners.
(2) (Reserved).
§ 1509. First class townships.
(a) Compensation.--The township commissioners in each
township of the first class shall have the authority to set
salaries for the following offices when held in the township of
the first class:
(1) Commissioner, council member or supervisor.
(2) Auditor.
(3) Controller.
(b) Tax collectors.--Tax collectors shall be compensated in
accordance with the following:
(1) The salary for the position of tax collector shall
be set by the township commissioners.
(2) The township tax collector shall be allowed actual
printing and postage expenses as shall be incurred in
performing the duties of the tax collector.
§ 1510. Second class townships.
The township supervisors in each township of the second class
shall have the authority to set salaries for the following
offices when held in the township of the second class:
(1) Tax collectors.
(2) Supervisors.
(3) Auditors.
§ 1511. Boroughs and incorporated townships.
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The council or supervisors in each borough or incorporated
township shall have the authority to set salaries for the
following offices when held in the borough or incorporated
township:
(1) Tax collectors.
(2) (Reserved).
§ 1512. First class cities.
The council of each first class city shall have the authority
to set salaries for the following offices when held in the city
of the first class:
(1) Tax collector.
(2) Council members.
(3) District attorney.
§ 1513. Second class cities (Reserved).
§ 1514. Second class A cities.
The council of each second class A city shall have the
authority to set salaries for the following offices when held in
the city of the second class A:
(1) Tax collector.
(2) (Reserved).
§ 1515. Third class cities (Reserved).
Section 4. Repeals are as follows:
(1) The General Assembly declares as follows:
(i) The repeal under paragraph (2)(i) is necessary
to effectuate the addition of 53 Pa.C.S. § 1504(4).
(ii) The repeal under paragraph (2)(ii) is necessary
to effectuate the addition of 53 Pa.C.S. § 1504(7).
(iii) The repeal under paragraph (2)(iii) is
necessary to effectuate the addition of 53 Pa.C.S. §
1504(3).
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(iv) The repeal under paragraph (2)(iv) is necessary
to effectuate the addition of 53 Pa.C.S. § 1506 (5).
(v) The repeal under paragraph (2)(v) is necessary
to effectuate the addition of 53 Pa.C.S. §§ 1504(1) and
(2), 1505(1) and 1506(2).
(vi) The repeal under paragraph (2)(vi) is necessary
to effectuate the addition of 53 Pa.C.S. § 1507(1).
(vii) The repeal under paragraph (2)(vii) is
necessary to effectuate the addition of 53 Pa.C.S. §
1506(6).
(viii) The repeal under paragraph (2)(viii) is
necessary to effectuate the addition of 53 Pa.C.S. §
1506(1), (3) and (4).
(ix) The repeal under paragraph (2)(ix) is necessary
to effectuate the addition of 53 Pa.C.S. § 1509(a)(3).
(x) The repeal under paragraph (2)(x) is necessary
to effectuate the addition of 53 Pa.C.S. §§ 1509(b),
1510(1) and 1511(1).
(xi) The repeals under paragraph (2)(xi) and (xii)
are necessary to effectuate the addition of Chapter 15 of
Title 53.
(2) The following acts and parts of acts are repealed:
(i) The act of July 20, 1917 (P.L.1141, No.396),
entitled "An act fixing the salary of the deputy coroner
of counties having a population of one million five
hundred thousand or over."
(ii) Section 2 of the act of June 3, 1919 (P.L.369,
No.180), entitled "An act providing for the appointment
by the district attorney, in counties having a population
of over one million five hundred thousand inhabitants, of
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a chief county detective, an assistant chief county
detective, and special county detectives; defining their
duties; defining their authority; fixing their salaries,
and authorizing the payment of the same, together with
the necessary traveling expenses, by the county."
(iii) The act of June 1, 1911, (P.L.556, No.220),
entitled "An act to fix the salary of the coroner of any
county of this Commonwealth having a population of one
million or over."
(iv) Section 1 of the act of May 20, 1921 (P.L.976,
No.347), entitled "An act fixing the salary of the jury
commissioners of the counties of the third class."
(v) The act of June 12, 1923 (P.L.692, No.288),
entitled "An act fixing the salary of city commissioners
of Philadelphia, formerly known as county commissioners
in counties of the first class."
(vi) Section 1 of the act of April 7, 1927 (P.L.168,
No.140), entitled "An act to fix the salary of the
coroner of counties of the fourth class."
(vii) Section 1 of the act of April 22, 1927
(P.L.348, No.212), entitled "An act to fix the salaries
to be paid to coroners in counties of the third class."
(viii) Section 1 of the act of May 3, 1927 (P.L.516
No.332), entitled "An act fixing the salaries of the
county controller, recorder of deeds and clerk of courts
in counties of the third class."
(ix) Section 1102 of the act of June 24, 1931
(P.L.1206, No.331), known as The First Class Township
Code.
(x) Sections 34 and 35 of the act of May 25, 1945
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(P.L.1050, No.394), known as the Local Tax Collection
Law.
(xi) The act of November 1, 1971 (P.L.495, No.113),
entitled "An act providing for the compensation of county
officers in counties of the second through eighth
classes, for compensation of district attorneys in cities
and counties of the first class, for compensation of
district election officers in all counties, for the
disposition of fees, for filing of bonds in certain cases
and for duties of certain officers."
(xii) The act of August 19, 1953 (P.L.1102, No.299),
entitled, "An act providing additional compensation for
coroners in fifth class counties under certain
circumstances."
(3) The following acts and parts of acts are repealed
insofar as they are inconsistent with the provisions of this
act:
(i) Sections 11 and 12 of the act of April 19, 1883
(P.L.9, No.10), entitled "An act to abolish the office of
the collector of all outstanding or delinquent taxes, to
authorize and empower the receiver of taxes to collect
the delinquent taxes, and to provide for the more
efficient collection of said delinquent taxes, in cities
of the first class."
(ii) Section 1 of the act of June 3, 1919 (P.L.370,
No.181) entitled "An act to fix the number and salaries
of assistant district attorneys in counties of this
Commonwealth having over one million five hundred
thousand inhabitants, and prescribing the powers and
duties of said assistant district attorneys."
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(iii) Section 5 of Article II of the act of June 25,
1919 (P.L.581, No.274), entitled "An act for the better
government of cities of the first class of this
Commonwealth."
(iv) Section 4 of the act of May 8, 1929 (P.L.1643,
No.510), entitled "An act relating to the collection of
city, county, school, and poor taxes within the
territorial limits of cities of the second class A;
establishing the office of collector of taxes therein;
defining its duties and powers; changing the powers of
and imposing duties upon cities of the second class A,
counties, school districts and poor districts, and the
officers thereof; and imposing penalties."
(v) Sections 703 and 1001 of the act of June 24,
1931 (P.L.1206, No.331), known as The First Class
Township Code.
(vi) Sections 606 and 902 of the act of May 1, 1933
(P.L.103, No.69), known as The Second Class Township
Code.
(vii) Section 1 of the act of May 4, 1933 (P.L.276,
No.99), entitled "An act fixing the compensation and
mileage of jury commissioners in counties of the sixth
class."
(viii) The act of April 13, 1937 (P.L.290, No.74),
entitled "A supplement to the act, approved the seventh
day of March, one thousand nine hundred and one (Pamphlet
Laws, twenty), entitled 'An act for the government of
cities of the second class,' creating the position of
solicitor for the department of city controller."
(ix) The act of May 2, 1945 (P.L.375, No.160),
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entitled "An act conferring upon the councils of cities
of the first class the power and devolving upon them the
duty of fixing and determining the salaries, wages and
other compensation payable out of the treasury of such
cities from and after the first day of January, one
thousand nine hundred and forty-six of all public
officers, clerks and other public employes, except the
salaries of elected officers, whose salaries are fixed by
law."
(x) The act of May 20, 1949 (P.L.1591, No.480),
entitled "An act providing for the compensation of the
mayor, council and appointed officers in cities of the
second class A."
Section 5. Contracts, obligations and collective bargaining
agreements entered into under an act or part of an act repealed
in section 4 of this act are not affected nor impaired by the
repeal.
Section 6. This act shall take effect in 60 days.
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