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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| HOUSE RESOLUTION |
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| INTRODUCED BY O'NEILL, FARRY, GRELL, GROVE, HARKINS, HESS, HORNAMAN, KAVULICH, KORTZ, MILNE, MURT, SCAVELLO, STABACK, STERN, STEVENSON AND VULAKOVICH, FEBRUARY 28, 2011 |
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| REFERRED TO COMMITTEE ON RULES, FEBRUARY 28, 2011 |
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| A RESOLUTION |
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1 | Directing the State Government Committee of the House of |
2 | Representatives to conduct a comprehensive study and review |
3 | of the compensation provisions of the Constitution of |
4 | Pennsylvania and to make recommendations. |
5 | WHEREAS, The Constitution of Pennsylvania contains several |
6 | sections pertaining to the process through which compensation is |
7 | to be dispensed to public officers, including, but not limited |
8 | to: |
9 | Article II, section 8, providing for the compensation of the |
10 | members of the General Assembly; |
11 | Article III, section 26, providing for the retirement |
12 | allowances and pensions of members of the General Assembly; |
13 | Article III, section 27, prohibiting the term extension of |
14 | any public officer or the increase or decrease in his salary |
15 | after his election or appointment; |
16 | Article V, section 16, providing for the compensation of |
17 | justices, judges and justices of the peace; |
18 | Schedule No. 1, section 17, providing that the General |
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1 | Assembly shall fix and determine the compensation of judges; |
2 | Schedule No. 1, section 29, providing for the compensation of |
3 | all State, county, city, ward, borough and township officers; |
4 | and |
5 | WHEREAS, Due to constitutional issues raised after the |
6 | passage of the act of July 7, 2005 (P.L.201, No.44), entitled |
7 | "An act amending Titles 42 (Judiciary and Judicial Procedure), |
8 | 46 (Legislature) and 71 (State Government) of the Pennsylvania |
9 | Consolidated Statutes, providing for compensation; and making an |
10 | inconsistent repeal," it is necessary for the General Assembly |
11 | to fully examine these sections of the Constitution of |
12 | Pennsylvania as to their content and meaning; therefore be it |
13 | RESOLVED, That the State Government Committee of the House of |
14 | Representatives be directed to conduct a comprehensive study and |
15 | review of the Constitution of Pennsylvania relating to the |
16 | compensation provisions identified in this resolution, including |
17 | any related judicial decisions not so identified; and be it |
18 | further |
19 | RESOLVED, That the committee hold public hearings on this |
20 | issue and determine whether or not constitutional amendments are |
21 | needed to clarify these sections; and be it further |
22 | RESOLVED, That the committee report its findings and |
23 | recommendations to the House of Representatives no later than |
24 | six months after the adoption of this resolution. |
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