Section 2
(a) State Supreme Court raises is the legislative
guarantee that will keep challenges of the
constitutionality of this bill from being overturned
Section 2
(i) Cost index provisions were made for increases but not
for decreases in the event of a recession
Section 4
(c) An annual cost-of-living adjustment takes place before
the next term [December 1, 1996] violating State
Constitution Article II, Section 8
Section 5.2
(a) The language contained in this bill that increases the
unvouchered expense allowance equal to the amount of
the pay raise for 13 months till the pay raise becomes
constitutionally legal
Section 5.2
(d) (d.1) (e.1) Similar to Section 5.2 (a), this language
also contains cost of living increases on the
unvouchered expense account till 1998 (the end of the
term for even numbered Senatorial districts). Do note
that cost-of-living increases are associated with
salaries NOT EXPENSES
Section 6
Contains the "Non-severability" clause, which makes
the bill an all or nothing pay raise. That
essentially means that the Judiciary, a Judge would
have to rule on the Constitutionality of the bill that
would effect his/her own paycheck
Prior Printer's number's 1190, 1235, 1471 Printer's Number 1493
To the Members of the Senate and House of Representatives:
We, the undersigned, Committee of Conference of the part of the Senate and House of Representatives for the purpose of considering Senate Bill No. 1074, entitled:
"An act amending the act of September 30, 1983, (P.L.160, No. 39), entitled "An act establishing salaries and compensation of certain public officials including justices and judges of Statewide courts, judges of courts of common pleas, judges of the Philadelphia Municipal Court, Judges of the Philadelphia Traffic Court, district justices and the governor, the Lieutenant Governor, the State Treasurer, the Auditor General, the Attorney General and certain other State officers and the salary and certain expenses of the members of the General Assembly; and repealing certain inconsistent acts, ' further providing for compensation of the members of the Environmental Hearing Board, " respectfully submit the following bill as our report:
ROBERT C. JUBELIRER
ROBERT J. MELLOW
(Committee on the part of the Senate.)
MATTHEW J. RYAN
JOHN E. BARLEY
H. WILLIAM DeWEESE
(Committee on the part of the House of Representatives.)
An Act
Amending the act of September 30, 1983 (P.L. 160, No.39), entitled "An act establishing salaries and compensation of certain public officials including justices and judges of Statewide courts, judges of courts of common pleas, judges of the Philadelphia Municipal Court, judges of the Philadelphia Traffic Court, district justices and the Governor, the Lieutenant Governor, the State Treasurer, the Auditor General, the Attorney General and certain other State officers and the salary and certain expenses of the members of the General Assembly; and repealing certain inconsistent acts, "further providing for compensation of justices and judges of Statewide Courts, judges of courts of common pleas, judges of the Philadelphia Municipal Court, judges of the Philadelphia Traffic Court, district justices and the Governor, the Lieutenant Governor, the State Treasurer, the Auditor General, the Attorney General and certain other State officers and the Salary and certain expenses of the members of the General Assembly; and making a repeal.
The General Assembly of the Commonwealth of Pennsylvania hereby enacts as follows:
Section 1. The act of September 30, 1983 (P.L.160, No.39), known as the Public
Official Compensation Law, is amended by adding a section to read:
Section 2. Judicial salaries.
(c) Commonwealth Court.--The annual salary of the President Judge of the Commonwealth Court shall be $117,750. The annual salary of each of the other judges of the Commonwealth Court shall be $116,000.
(d) Court of Common Pleas.--
(1) The annual salary of a president judge of a court of common pleas shall be fixed in accordance with the following schedule:
(i) Allegheny County, $106,000.
(ii) Philadelphia County, $106,500.
(iii) Judicial districts having six or more judges, $105,000.
(iv) Judicial districts having three to five judges, $104,500.
(v) Judicial districts having one or two judges, $104,000.
(vi) Administrative judges of the divisions of the Court of Common Pleas of Philadelphia County with divisions of six or more judges, $105,000.
(vii) Administrative judges of the divisions of the Court of Common Pleas of Philadelphia County with divisions of five or less judges, $104,500.
(viii) Administrative judges of the divisions of the Court of Common Pleas of Allegheny County with divisions of six or more judges, $105,000.
(ix) Administrative judges of the divisions of the Court of Common Pleas of Allegheny County with divisions of five or less judges, $104,500.
(2) The other judges of the courts of common pleas shall be paid an annual salary of $104,000.
(e) Philadelphia Municipal Court.--The President Judge of the Philadelphia Municipal Court shall receive an annual salary of $103,000. The annual salary for the other judges of the Philadelphia Municipal Court shall be $101,250.
(f) Philadelphia Traffic Court.--The President Judge of the Philadelphia Traffic Court shall receive an annual salary of $55,000. The annual salary for the other judges of the Philadelphia Traffic Court shall be $54,500.
(g) District justices.--A district justice shall receive an annual salary payable by the Commonwealth of $51,500.
(h) Senior judges.--The compensation of the senior judges pursuant to 42 Pa.C.S. @4121 (relating to assignment of judges) shall be $315 per day. In any calendar year the amount of compensation which a senior judge shall be permitted to earn as a senior judge shall not, when added to retirement income paid by the Commonwealth for such senior judge, exceed the compensation payable by the Commonwealth to a judge then in regular active service on the court from which said senior judge retire. A senior judge who so elects may serve without being paid all or any portion of the compensation provide by this section.
Section 3. Compensation of Governor and Lieutenant Governor; State Treasurer: Auditor General; Attorney General; Commissioners of the Pennsylvania Public Utility Commission; and heads of departments.
(a) The Governor, the Lieutenant Governor and Cabinet.--The annual salaries of the Governor, the Lieutenant Governor, and the heads of the departments shall be as follows:
Governor [$105,000] $125,000, Lieutenant Governor [$83,000] $105,000; Adjutant General, [$72,000] $90,000; Secretary of Aging, [$76,000] $95,000; Secretary of Agriculture, [$72,000] $90,000; Secretary of Banking, [$72,000] $90,000; Secretary of Commerce, [$76,000] $95,000; Secretary of the Commonwealth, [$72,000] $90,000; Secretary of Community Affairs, [$72,000] $90,000; Secretary of Education, [$80,000] $100,000; Secretary of Environmental Resources [$80,000] $100,000; Secretary of Environmental Protection, [$80,000] $100,000; Secretary of General Service, [$76,000] $95,000; Secretary of Health,[$80,000] $100,000; Insurance Commissioner, [$72,000] $90,000; Secretary of Labor and Industry [$80,000] $100,000; Secretary of Public Welfare, [$80,000] $100,000; Secretary of Revenue[$76,000] $95,000; State Police Commissioner, [$76,000] $95,000; Secretary of Transportation, [$80,000] $100,000; Secretary of Corrections, $100,000; Secretary of Conservation and Natural Resources $95,000.
(b) Compensation of State Treasurer, Auditor General and Attorney General.--The annual salaries of the State Treasurer, Auditor General and Attorney General shall be as follows:
State Treasurer, [$84,000] $104,000; Auditor General, [$84,000] $104,000; Attorney General, [$84,000] $104,000.
(b.1) Compensation of members of boards and commission.--The annual salaries of the members of boards and commission shall be as follows: Member of the Liquor Control Board, $48,800; Chairman of the Liquor Control Board, $50,800; Member of the Civil Service Commission, $40,625; Chairman of the Civil Service Commission, $40,625; Member of the State Tax Equalization Board, $16,250; Chairman of the State Tax Equalization Board, $17,500; Member of Milk Marketing Board, $15,625; Chairman of Milk Marketing Board, $16,250; Member of the Securities Commission, $15,000; Chairman of the Securities Commission, $16,250; Member of the Athletic Commission, $12,500; Chairman of the Athletic Commission, $13,125; Member of the Board of Pardons, $11,500; Chairman of the Board of Claims, $84,000; Member of the Board of Claims, $80,8000.
(c) Additional compensation prohibited.--Neither the Governor, Lieutenant governor, State Treasurer, Auditor General, or Attorney General nor the head of any administrative department nor member of any board or commission referenced herein, shall receive any additional compensation for any service rendered to the Commonwealth in any capacity.
(d) Compensation of commissioners of the Pennsylvania Public Utility Commission.-- Each of the commissioners of the Pennsylvania Public Utility Commission shall receive an annual salary commensurate with the annual salary received by the Secretary of Commerce, except the chairman, who shall receive an additional $2,500 per year. [Notwithstanding the provisions of section 3(g) of the act of July 13, 1988 (P.L.530, No94), known as the Environmental Hearing Board Act, to the contrary, no member of the Environmental hearing Board shall be entitled to any increase in or additional compensation as a result of the provisions of this subsection.]
(e)Annual cost-of-living adjustment.--Beginning January 1, 1997 and each January 1 thereafter, the stated annual salaries of the Governor and Lieutenant Governor, the State Treasurer, the Auditor General, the Attorney General and the heads of the departments and members of boards and commissions denoted herein shall be increased by an annual cost-of-living increase calculated by applying the percentage change in the Consumer Price Index for All Urban Consumers (CPI-U) for the Pennsylvania, New Jersey, Delaware, and Maryland area, for the most recent 12-month period for which figures have been officially reported by the United States Department of Labor, Bureau of Labor Statistics immediately prior to the date the adjustment is due to take effect, to the then current salary amounts authorized. The percentage increase and the salary amounts shall be determined by the Governor prior to the annual effective date of the adjustment and shall be published by the Secretary of the Budget in the Pennsylvania Bulletin within ten days of the date the determination is made.
Section 3. Section 4 of the act is amended by adding subsections to read:
Section 4. Members of the General Assembly.
*** (please not section 4 (a) (b) are omitted in this final draft of the legislation, and we will amend this missing information, as this was the original content that was voted on
First annual cost-of-living adjustment for members.--For the 12-month period beginning December 1, 1996, through November 30, 1997, the salary of the members of the General Assembly shall be increased by a cost-of-living factor which shall be determined by increasing the amounts contained in subsection
(d.1) Subsequent annual cost-of-living adjustment for officers and leaders.--For
the 12-month period beginning December 1, 1997, through November 30, 1998,
and for each like 12-month period thereafter, the additional compensation of the
officers and leaders of the General Assembly shall be increased by an annual
cost-of-living adjustment calculated by applying the percentage change in the
Consumer Price Index for All Urban Consumers (CPI-U) for the Pennsylvania,
New Jersey, Delaware and Maryland area, for the most recent 12-month period
for which figures have been officially reported by the United States Department
of Labor, Bureau of Labor Statistics immediately prior to the date the adjustment
is due to take effect, to the then current compensation. The percentage increase
and the new compensation amounts shall be determined jointly by the Chief Clerk
of the Senate and the Chief Clerk of the House of Representatives prior to the
annual effective date of the adjustment and shall be published in the Pennsylvania
Bulletin within 20 days immediately prior to each cost-of-living increase taking effect.
Section 4. The act is amended by adding a section to read:
Section 5.2 Additional expenses for members of the General Assembly.
(a)Members expense allowance.--For the period commencing November 1,
1995, and ending November 30, 1996, members of the General Assembly
receive, in addition to any allowance for clerical assistance and other expenses,
and unvouchered expense allowance of $733 per month which shall be paid monthly.
(b) Senate officers and leaders expense allowance.--For the period commencing
November 1, 1995, and ending November 30, 1996, the following officers and leaders
of the Senate shall receive, in addition to any allowance for clerical assistance and
other expenses, an unvouchered expense allowance in the following amounts which
shall be paid monthly: President pro tempore, $411; Majority Leader, $329, Minority
Leader, $329; Majority Whip, $250; Minority Whip, $250; Majority Caucus Chairman,
$156; Minority Caucus Chairman, $156; Appropriations Chairman, $250; Minority
Appropriations Chairman, $250; Majority Caucus Secretary, $103; Minority Caucus
Secretary, $103; Majority Policy Chairman, $103; Minority Policy Chairman, $103;
Majority Caucus Administrator, $103; Minority Caucus Administrator, $103.
(c) House officers and leaders expense allowance.--For the period commencing
November 1, 1995, and ending November 30, 1996, the following officers and
leaders of the House of Representatives shall receive, in addition to any allowance
for clerical assistance and other expenses, an unvouchered expense allowance in
the following amounts which shall be paid monthly: Speaker of the House of
Representatives, $411; Majority Leader, $329; Minority Leader, $329; Majority Whip,
$250; Minority Whip, $250; Majority Caucus Chairman, $156; Minority Caucus
Chairman, $156; Appropriations Chairman, $250; Minority Appropriations Chairman,
$250; Majority Caucus Secretary, $103; Minority Caucus Secretary, $103; Majority
Policy Chairman, $103; Minority Policy Chairman, $103; Majority Caucus Administrator,
$103, Minority Caucus Administrator, $103.
Section 5. The following acts are repealed: The last sentence of section 301 of the
act of June 28, 1995 (P.L.89, No.18), known as the Conservation and Natural
Resources Act.
42 Pa.C.S. @3581.
(1) The amendment of section 3 of the act shall take effect immediately, and shall be
applicable as constitutionally permissible.
(2) The amendment of section 4 of the act shall take effect immediately and be
applicable as constitutionally permissible.
(3)The addition 5.2 of the act shall take effect November 1, 1995.
(4) The remainder of this act shall take effect November 1, 1995.
end of bill
=====================================
(c.1) The first annual cost-of-living adjustment for officers and leaders.--For the
12-month period beginning December 1, 1996, through November 30, 1997, the
additional compensation of the officers and leaders of the General Assembly
shall be increased by a cost-of-living factor which shall be determined by increasing
the amounts contained in subsection (b) by the percentage change in the Consumer
Price Index for All Urban Consumers (CPI-U) for the Pennsylvania, New Jersey,
Delaware and Maryland area, officially reported by the United States Department
of Labor, Bureau of Labor Statistics for the period from July 1, 1990, through
October 31, 1996. The percentage increase and the new compensation amounts
shall be determined jointly by the Chief Clerk of the Senate and the Chief Clerk of
The House of Representatives and published by them in the Pennsylvania Bulletin
on or before November 30 immediately prior to the cost-of-living increase taking effect.
(d) Subsequent annual cost-of-living adjust for members.--For the 12- month period
beginning December 1, 1997, through November 30, 1998, and for each like
12-month period to hereafter, the salary of the members of the General Assembly
shall be increased by an annual cost- of-living adjustment calculated by applying
the percentage in the Consumer Price Index for All Urban Consumers (CPI-U) for
the Pennsylvania, New Jersey, Delaware and Maryland area, for the most recent
12-month period for which figures have been officially reported by the United States
Department of Labor, Bureau of Labor Statistics immediately prior to the date the
adjustment is due to take effect, to the then current salary amounts. The percentage
increase and the new salary amounts shall be determined jointly by the Chief Clerk
of the Senate and the Chief Clerk of the House of Representatives prior to the annual
effective date of the adjustment and shall be published by them in the Pennsylvania
Bulletin within ten days of the date such determination is made.
(d) Senators expense allowance 1996-1997.--Senators elected at the General Election of 1994, shall receive for the 12-month period, beginning December 1, 1996, and ending November 30, 1997, in addition to any allowance for clerical assistance and other expenses, an annual unvouchered expense allowance of $8,800 increased by the dollar amount calculated pursuant to section 4 (c) exceeds $8,800, which shall be paid on a pro rata basis monthly.
(d.1) Senators expense allowance 1997-1998.--Senators elected at the General Election of 1994, shall receive for the 12-month period, beginning December 1, 1997, and ending November 30, 1998, in addition to any allowance for clerical assistance and other expenses, an annual unvouchered expense allowance in the amount determined in section 5.2 (d) increased by the dollar amount of the increase calculated pursuant to section 4 (d) for the 12-month period beginning December 1, 1997, and ending November 30, 1998, which shall be paid pro rata on a monthly basis.
(e) Senate officers and leaders expense allowance 1996-1997.--Senators elected in
the General Election of 1994 who are also officers or leaders of the Senate shall
receive in addition to any allowance for clerical assistance and other expenses in
conjunction with their positions as officers and leaders for the 12-month period
beginning December 1, 1996, and ending November 30, 1997, an annual unvouchered
expense allowance in the following adjusted amounts: President pro tempore, $4,931;
Majority Leader, $3,945; Minority Leader, $3,945; Majority Whip, $2,994; Minority Whip,
$2,994; Majority Caucus Chairman, $1,867; Minority Caucus Chairman, $1,867;
Appropriations Chairman, $2,994; Minority Appropriations Chairman, $2,994; Majority
Caucus Secretary, $1,233; Minority Caucus Secretary, $1,233; Majority Policy Chairman,
$1,233; Minority Policy Chairman, $1,233; Majority Caucus Administrator, $1,233;
Minority Caucus Administrator, $1,233; which amounts shall be increased respectively
by the dollar amount that the amount calculated pursuant to section 4(c.1) for each
officer or leader exceeds the respective amounts above, which shall be paid on a pro
rata basis monthly.
(e.1) Senate officers and leaders expense allowance 1997-1998.-- Senators elected in the General Election of 1994 who are also officers or leaders of the Senate shall receive in addition to any allowance for clerical assistance an other expenses in conjunction with their positions as officers and leaders for the 12-month period beginning December 1, 1997, and ending November 30, 1998 an annual unvouchered expense allowance in the amount determined in section 5.2 (e) increased by the dollar amount of the increase calculated pursuant to section 4 (d.1) for the 12-month period beginning December 1, 1997, and ending November 30, 1998, which shall be paid on a pro rata basis monthly.
(f) Expiration.--This section shall expire November 30, 1998.
Section 6. It is the intent of the General Assembly that it would not have enacted any of the provisions of this act without all other provisions of the act and that all of the provisions are essentially and inseparably connected with each other. Accordingly, the provisions of this act shall be non-severable and if any provision of this act or its application to any person or circumstance is held invalid, the remaining provisions or applications of this act are void.
Section 7. This act shall take effect as follows: