Pennsylvania Act 1995-51 — PUBLIC OFFICIAL COMPENSATION LAW - AMEND

Act text

PUBLIC OFFICIAL COMPENSATION LAW - AMEND
                  Act of Oct. 19, 1995, P.L. 324, No. 51              Cl. 71
                             Session of 1995
                               No. 1995-51

     SB 1074

                                  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 2.1.  Judicial salaries.
        (a)  Supreme Court.--The annual salary of the Chief Justice
     of the Supreme Court shall be $123,000, and the annual salary of
     each of the other justices of the Supreme Court shall be
     $119,750.
        (b)  Superior Court.--The annual salary of the President
     Judge of the Superior Court shall be $117,750, and the annual
     salary of the other judges of the Superior Court shall be
     $116,000.
        (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)  Courts 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 retired. A
     senior judge who so elects may serve without being paid all or
     any portion of the compensation provided by this section.
        (i)  Annual cost-of-living adjustment.--Beginning January 1,
     1997, and each January 1 thereafter, the annual salaries under
     subsections (a) through (h) shall be increased by 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. The percentage increase and
     salary amounts shall be determined prior to the annual effective
     date of the adjustment by the Supreme Court and shall be
     published in the Pennsylvania Bulletin by the Court
     Administrator of Pennsylvania within 20 days of the date the
     determination is made.
        Section 2.  Section 3 of the act, amended June 23, 1993
     (P.L.132, No.30), is amended to read:
      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] Protection, $100,000;
     Secretary of General Services, [$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, $84,800; member of the Board of
     Claims, $80,800.
        (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
     services 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, No.94), 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.
        * * *
        (c)  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 (a)
     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 salary 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 within 20 days immediately
     prior to the cost-of-living increase taking effect.
        (c.1)  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 adjustment for
     members.--For the 12-month period beginning December 1, 1997,
     through November 30, 1998, and for each like 12-month period
     thereafter, the salary of the members 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 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.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 shall receive, in addition to any allowance for
     clerical assistance and other expenses, an 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.
        (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 that the increase 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 subsection (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 and 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 subsection (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 5.  The following acts and parts of 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.
        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 nonseverable,
     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:
            (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 of section 5.2 of the act shall take
        effect November 1, 1995.
            (4)  The remainder of this act shall take effect November
        1, 1995.

     APPROVED--The 19th day of October, A. D. 1995.

     THOMAS J. RIDGE