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PRINTER'S NO. 1048
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
891
Session of
2023
INTRODUCED BY MASTRIANO, STEFANO, PHILLIPS-HILL, REGAN AND DUSH,
AUGUST 16, 2023
REFERRED TO STATE GOVERNMENT, AUGUST 16, 2023
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 judicial salaries, for executive
salaries and for legislative salaries; and making a repeal.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Sections 2.1(i), 3(e) and 4(d) and (d.1) of the
act of September 30, 1983 (P.L.160, No.39), known as the Public
Official Compensation Law, are amended to read:
Section 2.1. Judicial salaries.
* * *
(i) Annual cost-of-living adjustment.--
[(1) Except as provided under paragraph (2), beginning]
Beginning January 1, 1997, and each January 1 thereafter, the
annual salaries under subsections (a) through (h) shall be
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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 shall be
capped at 3% annually, regardless of the percentage change in
the annual 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.
[(2) The annual salaries under this section may not be
increased by an annual cost-of-living adjustment under
paragraph (1) for the annual period beginning January 1,
2021, and ending December 31, 2021. Notice of the provisions
of this subsection shall be transmitted to the Legislative
Reference Bureau for publication in the Pennsylvania Bulletin
prior to December 1, 2020.
(3) The annual salaries for individuals subject to 42
Pa.C.S. ยง 1741(a)(1) or (2) (relating to compensation of
judges) may not be increased by a cost-of-living adjustment
under 42 Pa.C.S. ยง 1741(b) for the annual period beginning
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January 1, 2021, and ending December 31, 2021. Notice of the
provisions of this subsection shall be transmitted to the
Legislative Reference Bureau for publication in the
Pennsylvania Bulletin prior to December 1, 2020.]
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.
* * *
(e) Annual cost-of-living adjustment.--
[(1) Except as provided under paragraph (2), beginning]
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 shall be capped at 3% annually,
regardless of the percentage change in the annual 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,
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Bureau of Labor Statistics immediately prior to the date the
adjustment is due to take effect. 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.
[(2) 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 may not be
increased by an annual cost-of-living adjustment under
paragraph (1) for the annual period beginning January 1,
2021, and ending December 31, 2021. Notice of the provisions
of this subsection shall be transmitted to the Legislative
Reference Bureau for publication in the Pennsylvania Bulletin
prior to December 1, 2020.]
Section 4. Members of the General Assembly.
* * *
(d) Subsequent annual cost-of-living adjustment for
members.--
[(1) Except as provided under paragraph (2), for] 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
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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 shall be capped at 3%
annually, regardless of the percentage change in the annual
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
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.
[(2) The salary of the members of the General Assembly
may not be increased by an annual cost-of-living adjustment
under paragraph (1) for the period beginning December 1,
2020, through November 30, 2021. Notice of the provisions of
this subsection shall be transmitted to the Legislative
Reference Bureau for publication in the Pennsylvania Bulletin
prior to December 1, 2020.]
(d.1) Subsequent annual cost-of-living adjustment for
officers and leaders.--
[(1) Except as provided under paragraph (2), for] 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
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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 shall be capped at 3% annually, regardless of the
percentage change in the annual 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 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.
[(2) The additional compensation of the officers and
leaders of the General Assembly may not be increased by an
annual cost-of-living adjustment under paragraph (1) for the
period beginning December 1, 2020, through November 30, 2021.
Notice of the provisions of this subsection shall be
transmitted to the Legislative Reference Bureau for
publication in the Pennsylvania Bulletin prior to December 1,
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2020.]
Section 2. The following shall apply:
(1) The amendment of section 2.1(i) of the act shall
apply to an individual who is, after the effective date of
this section, elected or appointed to a term as a justice of
the Supreme Court, judge of the Superior Court, judge of the
Commonwealth Court, judge of a court of common pleas, judge
of the Philadelphia Municipal Court, judge of the
Philadelphia Traffic Court or magisterial district judge.
(2) The amendment of section 3(e) of the act shall apply
to an individual who is, after the effective date of this
section, elected or appointed to a term as Governor,
Lieutenant Governor, State Treasurer, Auditor General,
Attorney General or the head of a department or member of a
board or commission denoted in the act.
(3) The amendment of section 4(d) and (d.1) of the act
shall apply to an individual who is, after the effective date
of this section, elected to a term as a member of the General
Assembly.
Section 3. Repeals are as follows:
(1) The General Assembly declares that the repeal under
paragraph (2) is necessary to effectuate the amendment of
section 2.1(i) of the act.
(2) 42 Pa.C.S. ยง 1741(b) is repealed insofar as it is
inconsistent with the amendment of section 2.1(i) of the act.
Section 4. This act shall take effect in 60 days.
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