Bill Text: PA HB984 | 2011-2012 | Regular Session | Introduced

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Bill Title: Providing for commission on salaries and benefits for elected officials and duties of commission.

Spectrum: Strong Partisan Bill (Republican 13-1)

Status: (Introduced - Dead) 2011-03-09 - Referred to STATE GOVERNMENT [HB984 Detail]

Download: Pennsylvania-2011-HB984-Introduced.html

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PRINTER'S NO. 1065
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 984 Session of2011
INTRODUCED BY PERRY, AUMENT, BOYD, EVERETT, GEIST, GRELL, KAUFFMAN, KORTZ, ROCK, SCAVELLO, TRUITT AND VULAKOVICH, MARCH 9, 2011
REFERRED TO COMMITTEE ON STATE GOVERNMENT, MARCH 9, 2011
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," providing for commission on salaries and benefits for
elected officials and duties of commission.
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, reenacted and
amended November 16, 2005 (P.L.385, No.72), is amended by adding
sections to read:
Section 4.1. Commission on Salaries and Benefits for Elected
Officials.
(a) Establishment.--There is established a commission to be
known as the Commission on Salaries and Benefits for Elected
Officials. The commission shall consist of members chosen at
random from the voter rolls of each congressional district.
(b) Composition.--The commission members shall be selected
by lot by the Secretary of State from among those registered
voters eligible to vote at the time persons are selected for
appointment to full terms on the commission under subsection
(d). One member shall be selected from each congressional
district to serve on the commission. Another person shall be
selected to serve as an alternate. The secretary shall establish
policies and procedures for conducting the selection by lot.
(c) Policies and procedures.--The policies and procedures
shall include, but not be limited to, notifying persons selected
and for providing a new selection from a congressional district
if a person selected from the district declines appointment to
the commission or if, following the person's appointment, the
person's position on the commission becomes vacant before the
end of the person's term of office.
(d) Terms.--All members shall serve four-year terms.
(e) Term limits and removal.--No person may be appointed to
more than two terms. No member of the commission may be removed
during his or her term of office unless for cause of incapacity,
incompetence, neglect of duty, malfeasance in office or for a
disqualifying change of residence.
(f) Code of conduct.--
(1) A member of the commission shall:
(i) Not engage in any ex parte communication with
any 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, the
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Governor, the Lieutenant Governor, the State Treasurer,
the Auditor General, the Attorney General and other State
officers, members of the General Assembly, legislator,
judge or other individual whose salary or benefits or a
portion thereof is determined by the provisions of this
act.
(ii) Not engage in any ex parte communication with a
person acting on his own behalf or on behalf of an
official subject to the provisions of subparagraph (i).
(iii) Not solicit funds for any charitable,
educational, religious, health, fraternal, civic or other
nonprofit entity from a person subject to the provisions
of subparagraph (i) or (ii). A commission member may
serve as an officer, employee or member of the governing
body of a nonprofit entity and may attend, make personal
contributions to and plan or preside over the entity's
fundraising events. A commission member may permit his
name to appear on the letterhead used for fundraising
events if the letterhead contains only the commission
member's name and position with the nonprofit entity.
(iv) Not meet or engage in discussions with an
individual subject to the provisions of subparagraph (i)
or (ii) unless the meeting or discussion occurs on the
business premises of the commission and is recorded in a
log maintained for this purpose. The log shall be
available for public inspection during the regular
business hours of the commission.
(v) Avoid impropriety and the appearance of
impropriety at all times and observe standards and
conduct that promote public confidence in the oversight
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of salary or benefit increases and decreases for public
officials employed in this Commonwealth.
(2) As used in this subsection, the following words and
phrases shall have the meanings given to them in this
paragraph:
"Member." An individual appointed to and sworn in as a
member of the commission in accordance with section 4.1(a).
"Person." Any natural person, corporation, foundation,
organization, business trust, estate, limited liability company,
licensed corporation, trust, partnership, limited liability
partnership, association or any other form of legal business
entity.
(g) Absences.--The unexcused absence of any person who is a
member of the commission from two consecutive meetings of the
commission shall constitute the relinquishment of that person's
membership on the commission. Such a relinquishment creates a
vacancy in that person's position on the commission. A member's
absence may be excused by the chair of the commission upon the
member's written request if the chair believes there is just
cause for the absence. Such a request must be received by the
chair before the meeting for which the absence is to be excused.
A member's absence from a meeting of the commission may also be
excused during the meeting for which the member is absent by the
affirmative vote of a majority of the members of the commission
present at the meeting.
(h) Eligibility.--No State official, public employee,
lobbyist or immediate family member of the official, employee or
lobbyist, subject to the registration requirements of 65 Pa.C.S.
Ch. 13A (relating to lobbying disclosure) is eligible for
membership on the commission. As used in this subsection, the
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phrase "immediate family" means the parents, spouse, siblings,
children or dependent relative of the official, employee or
lobbyist whether or not living in the household of the official,
employee or lobbyist.
(i) Alternates.--The candidate chosen from the voter rolls
not serving on the commission shall serve as an alternate. The
alternate shall succeed a commission member vacating his
position. Once an alternate begins serving on the commission,
the Secretary of State shall initiate the procedure to randomly
select another person to serve as an alternate.
(j) Definition.--As used in this section, the term "benefit"
shall include, but not be limited to, compensation including
pension, health care and per diems.
Section 4.2. Duties of Commission on Salaries and Benefits for
Elected Officials.
(a) Salary study.--The Commission on Salaries and Benefits
for Elected Officials established in section 4.1 shall study the
relationship of salaries to the duties of members of the General
Assembly, all elected officials of the executive branch of State
government and all judges of the Supreme Court, court of
appeals, superior courts and district courts and shall fix the
salary for each respective position.
(b) Organization and operation.--Except as provided
otherwise by this section and section 4.1, the commission shall
be solely responsible for its own organization, operation and
action and shall enjoy the fullest cooperation of all State
officials, departments and agencies.
(c) Prohibition.--The commission shall not reduce salaries
or benefits during terms of office.
(d) Compensation of members.--Members of the commission
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shall receive no compensation for their services, but shall be
eligible to receive a subsistence allowance and travel expenses.
(e) Selection of chair.--The members of the commission shall
elect a chair from among their number.
(f) Salary and benefits schedule and voting.--The commission
shall set a schedule of salaries and benefits by an affirmative
vote of not less than 11 members of the commission.
(g) Filing of initial schedule.--The commission shall file
its initial schedule of salaries and benefits for the elected
officials with the Secretary of State no later than the first
Monday in June, 2011, and shall file a schedule biennially
thereafter. Each schedule shall be filed in legislative bill
form, shall be assigned a chapter number and published with the
session laws of the General Assembly. The signature of the chair
of the commission shall be affixed to each schedule submitted to
the Secretary of State. The chair shall certify that the
schedule has been adopted in accordance with the provisions of
State law and with the rules, if any, of the commission. The
schedules shall become effective 60 days after the filing.
(h) Meetings.--Before the filing of any salary and benefits
schedule, the commission shall first develop a proposed salary
and benefits schedule and then hold no fewer than four meetings
to take public testimony on the proposed schedule within the
four months immediately preceding the filing. At the last public
hearing that is held as a regular meeting on the proposed
schedule, the commission shall adopt the originally proposed or
amended salary and benefits schedule, which will be filed with
the Secretary of State. All meetings, actions, hearings and
business of the commission shall be subject to 65 Pa.C.S. Ch. 7
(relating to open meetings).
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(i) Current salaries and benefits.--Salaries, benefits, and
cost-of-living increases of the officials referred to in
subsection (a) shall continue until modified by the commission
under this section.
(j) Increases and decreases.--In fixing salaries or
benefits, a majority of the commission must vote in the
affirmative for the increase or decrease. The commission shall
not increase or reduce salaries or benefits by more than 10%.
(k) Definition.--As used in this section, the term "benefit"
shall include, but not be limited to, compensation including
pension, health care and per diems.
Section 2. This act shall take effect in 60 days.
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